CEDAW

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CEDAW

  1. 1. 8. CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN New York, 18 December 19791 . ENTRY INTO FORCE: 3 September 1981, in accordance with article 27(1). REGISTRATION: 3 September 1981, No. 20378. STATUS: Signatories: 99. Parties: 187. TEXT: United Nations, Treaty Series , vol. 1249, p. 13. Note: The Convention was opened for signature at the United Nations Headquarters on 1 March 1980. . Ratification, Ratification, Accession(a), Accession(a),Participant Signature Succession(d) Participant Signature Succession(d)Afghanistan ................... 14 Aug 1980 5 Mar 2003 Republic ..................Albania .......................... 11 May 1994 a Chad .............................. 9 Jun 1995 aAlgeria2 ......................... 22 May 1996 a Chile .............................. 17 Jul 1980 7 Dec 1989Andorra ......................... 15 Jan 1997 a China13,14 ....................... 17 Jul 1980 4 Nov 1980Angola ........................... 17 Sep 1986 a Colombia....................... 17 Jul 1980 19 Jan 1982Antigua and Barbuda .... 1 Aug 1989 a Comoros ........................ 31 Oct 1994 aArgentina....................... 17 Jul 1980 15 Jul 1985 Congo ............................ 29 Jul 1980 26 Jul 1982Armenia......................... 13 Sep 1993 a Cook Islands15 ............... 11 Aug 2006 aAustralia3....................... 17 Jul 1980 28 Jul 1983 Costa Rica ..................... 17 Jul 1980 4 Apr 1986Austria4 ......................... 17 Jul 1980 31 Mar 1982 Côte dIvoire.................. 17 Jul 1980 18 Dec 1995Azerbaijan ..................... 10 Jul 1995 a Croatia7 ......................... 9 Sep 1992 dBahamas ........................ 6 Oct 1993 a Cuba .............................. 6 Mar 1980 17 Jul 1980Bahrain .......................... 18 Jun 2002 a Cyprus16 ........................ 23 Jul 1985 aBangladesh5................... 6 Nov 1984 a Czech Republic17 .......... 22 Feb 1993 dBarbados ....................... 24 Jul 1980 16 Oct 1980 Democratic PeoplesBelarus .......................... 17 Jul 1980 4 Feb 1981 Republic of Korea18. 27 Feb 2001 aBelgium6 ....................... 17 Jul 1980 10 Jul 1985 Democratic Republic of the Congo ................ 17 Jul 1980 17 Oct 1986Belize ............................ 7 Mar 1990 16 May 1990 Denmark19 ..................... 17 Jul 1980 21 Apr 1983Benin ............................. 11 Nov 1981 12 Mar 1992 Djibouti ......................... 2 Dec 1998 aBhutan ........................... 17 Jul 1980 31 Aug 1981 Dominica....................... 15 Sep 1980 15 Sep 1980Bolivia (Plurinational State of) ................... 30 May 1980 8 Jun 1990 Dominican Republic ..... 17 Jul 1980 2 Sep 1982Bosnia and Ecuador ......................... 17 Jul 1980 9 Nov 1981 Herzegovina7 ........... 1 Sep 1993 d Egypt20 .......................... 16 Jul 1980 18 Sep 1981Botswana ....................... 13 Aug 1996 a El Salvador.................... 14 Nov 1980 19 Aug 1981Brazil8 ........................... 31 Mar 1981 1 Feb 1984 Equatorial Guinea ......... 23 Oct 1984 aBrunei Darussalam ........ 24 May 2006 a Eritrea ........................... 5 Sep 1995 aBulgaria9 ....................... 17 Jul 1980 8 Feb 1982 Estonia .......................... 21 Oct 1991 aBurkina Faso ................. 14 Oct 1987 a Ethiopia ......................... 8 Jul 1980 10 Sep 1981Burundi ......................... 17 Jul 1980 8 Jan 1992 Fiji21 .............................. 28 Aug 1995 aCambodia10,11 ................ 17 Oct 1980 15 Oct 1992 a Finland .......................... 17 Jul 1980 4 Sep 1986Cameroon ...................... 6 Jun 1983 23 Aug 1994 France22 ......................... 17 Jul 1980 14 Dec 1983Canada12 ........................ 17 Jul 1980 10 Dec 1981 Gabon ............................ 17 Jul 1980 21 Jan 1983Cape Verde.................... 5 Dec 1980 a Gambia .......................... 29 Jul 1980 16 Apr 1993Central African 21 Jun 1991 a Georgia ......................... 26 Oct 1994 a IV 8. HUMAN RIGHTS 1
  2. 2. Ratification, Ratification, Accession(a), Accession(a),Participant Signature Succession(d) Participant Signature Succession(d)Germany23,24,25............... 17 Jul 1980 10 Jul 1985 Mauritius40 .................... 9 Jul 1984 aGhana ............................ 17 Jul 1980 2 Jan 1986 Mexico .......................... 17 Jul 1980 23 Mar 1981Greece ........................... 2 Mar 1982 7 Jun 1983 Micronesia (FederatedGrenada ......................... 17 Jul 1980 30 Aug 1990 States of) ................. 1 Sep 2004 aGuatemala ..................... 8 Jun 1981 12 Aug 1982 Monaco ......................... 18 Mar 2005 aGuinea26 ........................ 17 Jul 1980 9 Aug 1982 Mongolia41 .................... 17 Jul 1980 20 Jul 1981Guinea-Bissau ............... 17 Jul 1980 23 Aug 1985 Montenegro42 ................ 23 Oct 2006 dGuyana .......................... 17 Jul 1980 17 Jul 1980 Morocco ........................ 21 Jun 1993 aHaiti .............................. 17 Jul 1980 20 Jul 1981 Mozambique ................. 21 Apr 1997 aHonduras ....................... 11 Jun 1980 3 Mar 1983 Myanmar ....................... 22 Jul 1997 aHungary27 ...................... 6 Jun 1980 22 Dec 1980 Namibia......................... 23 Nov 1992 aIceland ........................... 24 Jul 1980 18 Jun 1985 Nauru ............................ 23 Jun 2011 aIndia .............................. 30 Jul 1980 9 Jul 1993 Nepal ............................. 5 Feb 1991 22 Apr 1991Indonesia ....................... 29 Jul 1980 13 Sep 1984 Netherlands43 ................ 17 Jul 1980 23 Jul 1991Iraq ................................ 13 Aug 1986 a New Zealand44,45,46,47,48.. 17 Jul 1980 10 Jan 1985Ireland28......................... 23 Dec 1985 a Nicaragua ...................... 17 Jul 1980 27 Oct 1981Israel29 ........................... 17 Jul 1980 3 Oct 1991 Niger49........................... 8 Oct 1999 aItaly ............................... 17 Jul 1980 10 Jun 1985 Nigeria .......................... 23 Apr 1984 13 Jun 1985Jamaica30 ....................... 17 Jul 1980 19 Oct 1984 Norway ......................... 17 Jul 1980 21 May 1981Japan ............................. 17 Jul 1980 25 Jun 1985 Oman............................. 7 Feb 2006 aJordan ............................ 3 Dec 1980 1 Jul 1992 Pakistan ......................... 12 Mar 1996 aKazakhstan .................... 26 Aug 1998 a Palau ............................. 20 Sep 2011Kenya ............................ 9 Mar 1984 a Panama .......................... 26 Jun 1980 29 Oct 1981Kiribati .......................... 17 Mar 2004 a Papua New Guinea........ 12 Jan 1995 aKuwait31 ........................ 2 Sep 1994 a Paraguay ....................... 6 Apr 1987 aKyrgyzstan .................... 10 Feb 1997 a Peru ............................... 23 Jul 1981 13 Sep 1982Lao Peoples Philippines .................... 15 Jul 1980 5 Aug 1981 Democratic Poland50......................... 29 May 1980 30 Jul 1980 Republic .................. 17 Jul 1980 14 Aug 1981 Portugal13,51 ................... 24 Apr 1980 30 Jul 1980Latvia ............................ 14 Apr 1992 a Qatar ............................. 29 Apr 2009 aLebanon......................... 16 Apr 1997 a Republic of Korea52 ...... 25 May 1983 27 Dec 1984Lesotho32 ....................... 17 Jul 1980 22 Aug 1995 Republic of Moldova .... 1 Jul 1994 aLiberia ........................... 17 Jul 1984 a Romania53 ..................... 4 Sep 1980 7 Jan 1982Libya33........................... 16 May 1989 a Russian Federation54 ..... 17 Jul 1980 23 Jan 1981Liechtenstein34 .............. 22 Dec 1995 a Rwanda ......................... 1 May 1980 2 Mar 1981Lithuania ....................... 18 Jan 1994 a Samoa ........................... 25 Sep 1992 aLuxembourg .................. 17 Jul 1980 2 Feb 1989 San Marino .................... 26 Sep 2003 10 Dec 2003Madagascar ................... 17 Jul 1980 17 Mar 1989 Sao Tome and Principe . 31 Oct 1995 3 Jun 2003Malawi35 ........................ 12 Mar 1987 a Saudi Arabia ................. 7 Sep 2000 7 Sep 2000Malaysia36 ..................... 5 Jul 1995 a Senegal .......................... 29 Jul 1980 5 Feb 1985Maldives37,38 .................. 1 Jul 1993 a Serbia7 ........................... 12 Mar 2001 dMali ............................... 5 Feb 1985 10 Sep 1985 Seychelles ..................... 5 May 1992 aMalta ............................. 8 Mar 1991 a Sierra Leone .................. 21 Sep 1988 11 Nov 1988Marshall Islands ............ 2 Mar 2006 a Singapore55.................... 5 Oct 1995 aMauritania39 .................. 10 May 2001 a IV 8. HUMAN RIGHTS 2
  3. 3. Ratification, Ratification, Accession(a), Accession(a),Participant Signature Succession(d) Participant Signature Succession(d)Slovakia17 ...................... 28 May 1993 d Turkey ........................... 20 Dec 1985 aSlovenia7 ....................... 6 Jul 1992 d Turkmenistan ................ 1 May 1997 aSolomon Islands ............ 6 May 2002 a Tuvalu ........................... 6 Oct 1999 aSouth Africa .................. 29 Jan 1993 15 Dec 1995 Uganda .......................... 30 Jul 1980 22 Jul 1985Spain ............................. 17 Jul 1980 5 Jan 1984 Ukraine ......................... 17 Jul 1980 12 Mar 1981Sri Lanka ....................... 17 Jul 1980 5 Oct 1981 United Arab Emirates60 . 6 Oct 2004 aSt. Kitts and Nevis ........ 25 Apr 1985 a United Kingdom ofSt. Lucia ........................ 8 Oct 1982 a Great Britain and NorthernSt. Vincent and the Ireland14,61,62,63 ......... 22 Jul 1981 7 Apr 1986 Grenadines............... 4 Aug 1981 a United Republic ofSuriname ....................... 1 Mar 1993 a Tanzania .................. 17 Jul 1980 20 Aug 1985Swaziland ...................... 26 Mar 2004 a United States ofSweden56,57 .................... 7 Mar 1980 2 Jul 1980 America ................... 17 Jul 1980Switzerland58 ................. 23 Jan 1987 27 Mar 1997 Uruguay ........................ 30 Mar 1981 9 Oct 1981Syrian Arab Republic .... 28 Mar 2003 a Uzbekistan .................... 19 Jul 1995 aTajikistan....................... 26 Oct 1993 a Vanuatu ......................... 8 Sep 1995 aThailand59 ...................... 9 Aug 1985 a Venezuela (BolivarianThe former Yugoslav Republic of)............. 17 Jul 1980 2 May 1983 Republic of Viet Nam ....................... 29 Jul 1980 17 Feb 1982 Macedonia7 .............. 18 Jan 1994 d Yemen64 ........................ 30 May 1984 aTimor-Leste................... 16 Apr 2003 a Zambia .......................... 17 Jul 1980 21 Jun 1985Togo .............................. 26 Sep 1983 a Zimbabwe ..................... 13 May 1991 aTrinidad and Tobago ..... 27 Jun 1985 12 Jan 1990Tunisia .......................... 24 Jul 1980 20 Sep 1985 Declarations and Reservations (Unless otherwise indicated, the declarations and reservations were made upon ratification, accession or succession.) ALGERIA65 paragraph 1, which states that any dispute between two or more Parties concerning the interpretation or application Reservations: of the Convention which is not settled by negotiation Article 2: shall, at the request of one of them, be submitted to The Government of the Peoples Democratic Republic arbitration or to the International Court of Justice. of Algeria declares that it is prepared to apply the The Government of the Peoples Democratic Republic provisions of this article on condition that they do not of Algeria holds that no such dispute can be submitted to conflict with the provisions of the Algerian Family Code. arbitration or to the Court of International Justice except ... with the consent of all the parties to the dispute. Article 15, paragraph 4: ARGENTINA The Government of the Peoples Democratic Republic of Algeria declares that the provisions of article 15, Reservation: paragraph 4, concerning the right of women to choose The Government of Argentina declares that it does not their residence and domicile should not be interpreted in consider itself bound by article 29, paragraph 1, of the such a manner as to contradict the provisions of chapter 4 Convention on the Elimination of All Forms of (art. 37) of the Algerian Family Code. Discrimination against Women. Article 16: The Government of the Peoples Democratic Republic AUSTRALIA3 of Algeria declares that the provisions of article 16 concerning equal rights for men and women in all matters Reservations: relating to marriage, both during marriage and at its "The Government of Australia states that maternity dissolution, should not contradict the provisions of the leave with pay is provided in respect of most women Algerian Family Code. employed by the Commonwealth Government and the Article 29: Governments of New South Wales and Victoria. Unpaid The Government of the Peoples Democratic Republic maternity leave is provided in respect of all other women of Algeria does not consider itself bound by article 29, IV 8. HUMAN RIGHTS 3
  4. 4. employed in the State of New South Wales and elsewhere "... Brazil does not consider itself bound by article 29,to women employed under Federal and some State paragraph 1, of the above-mentioned Convention."industrial awards. Social Security benefits subject toincome tests are available to women who are sole parents. BRUNEI DARUSSALAM "The Government of Australia advises that it is not atpresent in a position to take the measures required by Reservations:article 11 (2) to introduce maternity leave with pay or "The Government of Brunei Darussalam expresses itswith comparable social benefits throughout Australia. reservations regarding those provisions of the said ..... Convention that may be contrary to the Constitution ofDeclaration: Brunei Darussalam and to the beliefs and principles of "Australia has a Federal Constitutional System in Islam, the official religion of Brunei Darussalam and,which Legislative, Executive and Judicial Powers are without prejudice to the generality of the saidshared or distributed between the Commonwealth and the reservations, expresses its reservations regardingConstituent States. The implementation of the Treaty paragraph 2 of Article 9 and paragraph 1 of Article 29 ofthroughout Australia will be effected by the the Convention."Commonwealth State and Territory Authorities havingregard to their respective constitutional powers and BULGARIA9arrangements concerning their exercise." 30 August 2000 CANADA12Reservation: CHILE The Government of Australia advises that it does notaccept the application of the Convention in so far as it Upon signature:would require alteration of Defence Force policy which Declaration:excludes women from combat duties.” The Government of Chile has signed this Convention on the Elimination of All Forms of Discrimination AUSTRIA4 Against Women, mindful of the important step which this document represents, not only in terms of the eliminationReservation: of all forms of discrimination against women, but also in “Austria reserves its right to apply the provision of terms of their full and permanent integration into societyArticle 11, as far as special protection of working women in conditions of equality.is concerned within the limits established by national The Government is obliged to state, however, thatlegislation." some of the provisions of the Convention are not entirely compatible with current Chilean legislation. At the same time, it reports the establishment of a BAHAMAS66 Commission for the Study and Reform of the Civil Code,Reservations: which now has before it various proposals to amend, “The Government of the Commonwealth of the inter alia , those provisions which are not fully consistentBahamas does not consider itself bound by the provisions with the terms of the Convention.of article 2 (a) of the Convention. CHINA The Government of the Commonwealth of theBahamas does not consider itself bound by the provisions Declaration made upon signature and confirmed uponof article 9, paragraph 2, of the Convention. ratification: The Government of the Commonwealth of the The Peoples Republic of China does not considerBahamas does not consider itself bound by the provisions itself bound by paragraph 1 of article 29 of theof article 29, paragraph 1, of the Convention.” Convention. BAHRAINReservations: COOK ISLANDS15 ... the Kingdom of Bahrain makes reservations with CUBArespect to the following provisions of the Convention: - Article 2, in order to ensure its implementation Reservation:within the bounds of the provisions of the Islamic The Government of the Republic of Cuba makes aShariah; specific reservation concerning the provisions of article - Article 9, paragraph 2; 29 of the Convention inasmuch as it holds that any - Article 15, paragraph 4; disputes that may arise between States Parties should be - Article 16, in so far as it is incompatible with the resolved through direct negotiations through theprovisions of the Islamic Shariah; diplomatic channel. - Article 29, paragraph 1. BANGLADESH5 CYPRUS16 "The Government of the Peoples Republic of CZECH REPUBLIC17Bangladesh does not consider as binding upon itself theprovisions of article 2, [... and ...] 16 (1) (c) as they DEMOCRATIC PEOPLES REPUBLIC OF KOREA18conflict with Sharia law based on Holy Quran and Reservations:Sunna." “The Government of the Democratic People’s Republic of Korea does not consider itself bound by the BELARUS54 provisions of paragraph (f) of article 2, paragraph 2 of article 9 and paragraph 1 of article 29 of [the BELGIUM6 Convention].” BRAZIL8Reservation made upon signature and confirmedupon ratification: IV 8. HUMAN RIGHTS 4
  5. 5. EGYPT20 preambular paragraph contains debatable elements which are definitely out of place in this text.Reservations made upon signature and confirmed upon The Government of the French Republic declares thatratification: the term "family education" in article 5 (b) of the [.....] Convention must be interpreted as meaning public In respect of article 16 education concerning the family and that, in any event, Reservation to the text of article 16 concerning the article 5 will be applied subject to respect for article 17 ofequality of men and women in all matters relating to the International Covenant on Civil and Political Rightsmarriage and family relations during the marriage and and article 8 of the European Convention for theupon its dissolution, without prejudice to the Islamic Protection of Human Rights and Fundamental Freedoms.Sharias provisions whereby women are accorded rights The Government of the French Republic declares thatequivalent to those of their spouses so as to ensure a just no provision of the Convention must be interpreted asbalance between them. This is out of respect for the prevailing over provisions of French legislation which aresacrosanct nature of the firm religious beliefs which more favourable to women than to men.govern marital relations in Egypt and which may not be Reservations:called in question and in view of the fact that one of the .....most important bases of these relations is an equivalency Article 14of rights and duties so as to ensure complementary which 1. The Government of the French Republic declaresguarantees true equality between the spouses. The that article 14, paragraph 2 (c), should be interpreted asprovisions of the Sharia lay down that the husband shall guaranteeing that women who fulfil the conditionspay bridal money to the wife and maintain her fully and relating to family or employment required by Frenchshall also make a payment to her upon divorce, whereas legislation for personal participation shall acquire theirthe wife retains full rights over her property and is not own rights within the framework of social security.obliged to spend anything on her keep. The Sharia 2. The Government of the French Republic declarestherefore restricts the wifes rights to divorce by making it that article 14, paragraph 2 (h), of the Convention shouldcontingent on a judges ruling, whereas no such restriction not be interpreted as implying the actual provision, free ofis laid down in the case of the husband. charge, of the services mentioned in that paragraph. In respect of article 29 Article 16 1 (g) The Egyptian delegation also maintains the reservation The Government of the French Republic enters acontained in article 29, paragraph 2, concerning the right reservation concerning the right to choose a family nameof a State signatory to the Convention to declare that it mentioned in article 16, paragraph 1 (g), of thedoes not consider itself bound by paragraph 1 of that Convention.article concerning the submission to an arbitral body of Article 29any dispute which may arise between States concerning The Government of the French Republic declares, inthe interpretation or application of the Convention. This is pursuance of article 29, paragraph 2, of the Convention,in order to avoid being bound by the system ofarbitration that it will not be bound by the provisions of article 29,in this field. paragraph 1.Reservation made upon ratification: GERMANY23,24 General reservation on article 2 The Arab Republic of Egypt is willing to comply with Declaration:the content of this article, provided that such compliance The right of peoples to self-determination, asdoes not run counter to the Islamic Sharia. enshrined in the Charter of the United Nations and in the International Covenants of 19 December 1966, applies to EL SALVADOR all peoples and not only to those living under alien andUpon signature: colonial domination and foreign occupation. All peoples Upon ratification of the Convention, the Government thus have the inalienable right freely to determine theirof El Salvador will make the reservation provided for in political status and freely to pursue their economic, socialarticle 29. and cultural development. The Federal Republic of Germany would be unable to recognize as legally valid anUpon ratification: interpretation of the right to self-determination which Reservation: contradicts the unequivocal wording of the Charter of the With reservation as to the application of the provision United Nations and of the two International Covenants ofof article 29, paragraph 1. 19 December 1966 on Civil and Political Rights and on ETHIOPIA Economic, Social and Cultural Rights. It will interpret the 11th paragraph of the Preamble accordingly.Reservation: Socialist Ethiopia does not consider itself bound by HUNGARY27paragraph 1 of article 29 of the Convention. INDIA 21 FIJI Declarations and reservations made upon signature and FRANCE22 confirmed upon ratification: Declarations:Upon signature: "i) With regard to articles 5 (a) and 16 (1) of the The Government of the French Republic declares that Convention on the Elimination of All Forms ofarticle 9 of the Convention must not be interpreted as Discrimination Against Women, the Government of theprecluding the application of the second paragraph of Republic of India declares that it shall abide by andarticle 96 of the code of French nationality. ensure these provisions in conformity with its policy of [All other declarations and reservations were non-interference in the personal affairs of any Communityconfirmed in substance upon ratification.] without its initiative and consent.Upon ratification: "ii) With regard to article 16 (2) of the Convention Declarations: on the Elimination of All Forms of Discrimination The Government of the French Republic declares that Against Women, the Government of the Republic of Indiathe preamble to the Convention in particular the eleventh declares that though in principle it fully supports the principle of compulsory registration of marriages, it is not IV 8. HUMAN RIGHTS 5
  6. 6. practical in a vast country like India with its variety of the extent that the laws on personal status which arecustoms, religions and level of literacy." binding on the various religious communities in Israel do Reservation: not conform with the provisions of that article." "With regard to article 29 of the Convention on the Declaration:Elimination of All Forms of Discrimination Against "3. In accordance with paragraph 2 of article 29 ofWomen, the Government of the Republic of India the Convention, the State of Israel hereby declares that itdeclares that it does not consider itself bound by does not consider itself bound by paragraph 1 of thatparagraph 1 of this article." article." INDONESIA "The Government of the Republic of Indonesia does ITALYnot consider itself bound by the provisions of article 29, Upon signature:paragraph 1 of this Convention and takes the position that Reservation:any dispute relating to the interpretation or application of Italy reserves the right to exercise, when depositingthe Convention may only be submitted to arbitration or to the instrument of ratification, the option provided for inthe International Court of Justice with the agreement of article 19 of the Vienna Convention on the Law ofall the parties to the dispute." Treaties of 23 May 1969. IRAQ29 JAMAICA30Reservations: The Government of Jamaica declares that it does not 1. Approval of and accession to this consider itself bound by the provisions of article 29,Convention shall not mean that the Republic of Iraq is paragraph 1, of the Convention."bound by the provisions of article 2, paragraphs (f) and(g), of article 9, paragraphs 1 and 2, nor of article 16 ofthe Convention. The reservation to this last-mentioned JORDAN67article shall be without prejudice to the provisions of the Declaration made upon signature and confirmed uponIslamic Shariah according women rights equivalent tothe rights of their spouses so as to ensure a just balance ratification:between them. Iraq also enters a reservation to article 29, Jordan does not consider itself bound by the followingparagraph 1, of this Convention with regard to the provisions:principle of international arbitration in connection with 1. Article 9, paragraph 2;the interpretation or application of this Convention. 2. ... 2. This approval in no way implies 3. Article 16, paragraph (1) (c), relating to therecognition of or entry into any relations with Israel. rights arising upon the dissolution of marriage with regard to maintenance and compensation; 4. Article 16, paragraph (1) (d) and (g). IRELAND28 KUWAIT31,68Reservations: .... Reservations:Articles 16, 1 (d) and (f) ... Ireland is of the view that the attainment in Ireland of 2. Article 9, paragraph 2the objectives of the Convention does not necessitate the The Government of Kuwait reserves its right not toextension to men of rights identical to those accorded by implement the provision contained in article 9, paragraphlaw to women in respect of the guardianship, adoption 2, of the Convention, inasmuch as it runs counter to theand custody of children born out of wedlock and reserves Kuwaiti Nationality Act, which stipulates that a childsthe right to implement the Convention subject to that nationality shall be determined by that of his father.understanding. 3. Article 16 (f)Articles 11 (1) and 13 (a) The Government of the State of Kuwait declares that it Ireland reserves the right to regard the Anti- does not consider itself bound by the provision containedDiscrimination (Pay) Act, 1974 and the Employment in article 16 (f) inasmuch as it conflicts with theEquality Act 1977 and other measures taken in provisions of the Islamic Shariah , Islam being theimplementation of the European Economic Community official religion of the State.standards concerning employment opportunities and pay 4. The Government of Kuwait declares that it is notas sufficient implementation of articles 11,1 (b), (c) and bound by the provision contained in article 29, paragraph(d). 1. Ireland reserves the right for the time being tomaintain provisions of Irish legislation in the area of LEBANON19social security which are more favourable to women thanmen. Reservations: The Government of the Lebanese Republic enters ISRAEL reservations regarding article 9 (2), and article 16 (1) (c) (d) (f) and (g) (regarding the right to choose a familyReservations: name). "1. The State of Israel hereby expresses its In accordance with paragraph 2 of article 29, thereservation with regard to article 7 (b) of the Convention Government of the Lebanese Republic declares that itconcerning the appointment of women to serve as judges does not consider itself bound by the provisions ofof religious courts where this is prohibited by the laws of paragraph 1 of that article.any of the religious communities in Israel. Otherwise, thesaid article is fully implemented in Israel, in view of the LESOTHO31,32fact that women take a prominent part in all aspect ofpublic life. Reservation: "2. The State of Israel hereby expresses its "The Government of the Kingdom of Lesotho declaresreservation with regard to article 16 of the Convention, to that it does not consider itself bound by article 2 to the IV 8. HUMAN RIGHTS 6
  7. 7. extent that it conflicts with Lesothos constitutional circumstances, the income of a married woman to be thestipulations relative to succession to the throne of the income of her husband and taxable as such.Kingdom of Lesotho and law relating to succession to (ii) The Government of Malta reserves the right tochieftainship.” continue to apply its social security legislation which in certain circumstances makes certain benefits payable to LIBYA33 the head of the household which is, by such legislation, presumed to be the husband.Reservation: "C. Articles 13, 15, 16 1. Article 2 of the Convention shall be While the Government of Malta is committed toimplemented with due regard for the peremptory norms of remove, in as far as possible, all aspects of family andthe Islamic Shariah relating to determination of the property law which may be considered as discriminatoryinheritance portions of the estate of a deceased person, to females, it reserves the right to continue to applywhether female or male. present legislation in that regard until such time as the law 2. The implementation of paragraph 16 (c) and (d) is reformed and during such transitory period until thoseof the Convention shall be without prejudice to any of the laws are completely superseded.rights guaranteed to women by the Islamic Shariah . "D. Article 16 The Government of Malta does not consider itself bound by sub-paragraph (e) of paragraph (1) of article 16 LIECHTENSTEIN34 in so far as the same may be interpreted as imposing anReservation concerning article 1: obligation on Malta to legalize abortion." "In the light of the definition given in article 1 of the MAURITANIA39Convention, the Principality of Liechtenstein reserves theright to apply, with respect to all the obligations of the Reservation:Convention, article 3 of the Liechtenstein Constitution." Having seen and examined the United Nations Convention on the Elimination of All Forms of Discrimination against Women, adopted by the United LUXEMBOURG69 Nations General Assembly on 18 December 1979, have MALAWI35 approved and do approve it in each and every one of its parts which are not contrary to Islamic Sharia and are in MALAYSIA31,36,56,70 accordance with our Constitution. <title>Reservations:</title> ... TheGovernment of Malaysia declares that Malaysia’s MAURITIUS40accession is subject to the understanding that the Reservation:provisions of the Convention do not conflict with the "The Government of Mauritius does not consider itselfprovisions of the Islamic Sharia’ law and the Federal bound by paragraph 1 of article 29 of the Convention, inConstitution of Malaysia. With regard thereto, further, pursuance of paragraph 2 of article 29."the Government of Malaysia does not consider itselfbound by the provisions of articles 9 (2), 16 (1) (a), 16 (1)(f) and 16 (1) (g) of the aforesaid Convention. MEXICO <title>Declaration :</title>In relation toarticle 11 of the Convention, Malaysia interprets the Upon signature:provisions of this article as a reference to the prohibition Declaration:of discrimination on the basis of equality between men In signing ad referendum the Convention on theand women only.” Elimination of All Forms of Discrimination Against Women, which the General Assembly opened for MALDIVES31,37,38 signature by States on 18 December 1979, the 23 June 1999 Government of the United Mexican States wishes to place on record that it is doing so on the understanding that theReservations: provisions of the said Convention, which agree in all “... 2. The Government of the Republic of Maldives essentials with the provisions of Mexican legislation, willreserves its right to apply article 16 of the Convention be applied in Mexico in accordance with the modalitiesconcerning the equality of men and women in all matters and procedures prescribed by Mexican legislation and thatrelating to marriage and family relations without the granting of material benefits in pursuance of theprejudice to the provisions of the Islamic Sharia, which Convention will be as generous as the resources availablegovern all marital and family relations of the 100 percent to the Mexican State permit.Muslim population of the Maldives." MICRONESIA (FEDERATED STATES OF)71 MALTA Reservations:Reservations: "1. The Government of the Federated States of "A. Article 11 Micronesia advises that it is not at present in a position to The Government of Malta interprets paragraph 1 of take the measures either required by Article 11 (1) (d) ofarticle II, in the light of provisions of paragraph 2 of the Convention to enact comparable worth legislation, orarticle 4, as not precluding prohibitions, restrictions, or by Article 11 (2) (b) to enact maternity leave with pay orconditions on the employment of women in certain areas, with comparable social benefits throughout the nation;or the work done by them, where this is considered 2. The Government of the Federated States ofnecessary or desirable to protect the health and safety of Micronesia, in its capacity as trustee of the heritage ofwomen or the human foetus, including such prohibitions, diversity within its States under Article V of itsrestrictions or conditions imposed in consequence of other Constitution, reserves the right not to apply the provisionsinternational obligations of Malta. of Articles 2 (f), 5, and 16 to the succession of certain "B. Article 13 well-established traditional titles, and to marital customs (i) The Government of Malta reserves the right, that divide tasks or decision-making in purely voluntarynotwithstanding anything in the Convention, to continue or consensual private conduct; andto apply its tax legislation which deems, in certain IV 8. HUMAN RIGHTS 7
  8. 8. 3. The Government of the Federated States of The Government of the Kingdom of Morocco declaresMicronesia does not consider itself bound by the that it can only be bound by the provisions of thisprovisions of Article 29 (1) of the Convention, and takes paragraph, in particular those relating to the right ofthe position that any dispute relating to the interpretation women to choose their residence and domicile, to theor application of the Convention may only be submitted extent that they are not incompatible with articles 34 andto arbitration or to the International Court of Justice with 36 of the Moroccan Code of Personal Status.the agreement of all parties to the dispute." Reservations: 3. With regard to article 29: MONACO The Government of the Kingdom of Morocco does not consider itself bound by the first paragraph of this article,Declarations: which provides that any dispute between two or more 1. The implementation of the Convention on the States Parties concerning the interpretation or applicationElimination of All Forms of Discrimination Against of the present Convention which is not settled byWomen does not affect the validity of conventions negotiation shall, at the request of one of them, beconcluded with France. submitted to arbitration. 2. The Principality of Monaco deems that the aims The Government of the Kingdom of Morocco is of theof the Convention are to eliminate all forms of view that any dispute of this kind can only be referred todiscrimination against women and to guarantee every arbitration by agreement of all the parties to the dispute.individual, irrespective of gender, equality before the law,when the aforementioned aims are in line with the MYANMARprinciples stipulated in the Constitution. 3. The Principality of Monaco declares that no Reservation:provision in the Convention can be interpreted as Article 29impeding the provisions of the laws and regulations of "[The Government of Myanmar] does not considerMonaco that are more favourable to women than to men. itself bound by the provision set forth in the said article."Reservations: 1. The ratification of the Convention by thePrincipality of Monaco shall have no effect on the NETHERLANDSconstitutional provisions governing the succession to the Declaration:throne. 2. The Principality of Monaco reserves the right not "During the preparatory stages of the presentto apply the provisions of Article 7, paragraph b, of the Convention and in the course of debates on it in theConvention regarding recruitment to the police force. General Assembly the position of the Government of the 3. The Principality of Monaco does not consider Kingdom of the Netherlands was that it was not desirableitself bound by the provisions of Article 9 which are not to introduce political considerations such as thosecompatible with its nationality laws. contained in paragraphs 10 and 11 of the preamble in a 4. The Principality of Monaco does not consider legal instrument of this nature. Moreover, theitself bound by Article 16, paragraph 1 (g), regarding the considerations are not directly related to the achievementright to choose ones surname. of total equality between men and women. The 5. The Principality of Monaco does not consider Government of the Kingdom of the Netherlands considersitself bound by Article 16, paragraph 1 (e), to the extent that it must recall its objections to the said paragraphs inthat the latter can be interpreted as forcing the legalization the preamble at this occasion."of abortion or sterilization. NEW ZEALAND44,45,46 6. The Principality of Monaco reserves the right tocontinue to apply its social security laws which, in certain Reservation:circumstances, envisage the payment of certain benefits to ...the head of the household who, according to this "The Government of the Cook Islands reserves thelegislation, is presumed to be the husband. right not to apply article 2 (f) and article 5 (a) to the 7. The Principality of Monaco declares, in extent that the customs governing the inheritance ofconformity with the provisions of Article 29, paragraph 2, certain Cook Islands chief titles may be inconsistent withthat it does not consider itself bound by the provisions of those provisions."the first paragraph of this article. NIGER49 MONGOLIA41 Reservations: MOROCCO72 Article 2, paragraphs (d) and (f) The Government of the Republic of the NigerDeclarations: expresses reservations with regard to article 2, paragraphs 1. With regard to article 2: (d) and (f), concerning the taking of all appropriate The Government of the Kingdom of Morocco express measures to abolish all customs and practices whichits readiness to apply the provisions of this article constitute discrimination against women, particularly inprovided that: respect of succession. - They are without prejudice to the constitutional Article 5, paragraph (a)requirement that regulate the rules of succession to the The Government of the Republic of the Nigerthrone of the Kingdom of Morocco; expresses reservations with regard to the modification of - They do not conflict with the provisions of the social and cultural patterns of conduct of men andIslamic Shariah. It should be noted that certain of the women.provisions contained in the Moroccan Code of Personal Article 15, paragraph 4Status according women rights that differ from the rights The Government of the Republic of the Niger declaresconferred on men may not be infringed upon or abrogated that it can be bound by the provisions of this paragraph,because they derive primarily from the Islamic Shariah, particularly those concerning the right of women towhich strives, among its other objectives, to strike a choose their residence and domicile, only to the extentbalance between the spouses in order to preserve the that these provisions refer only to unmarried women.coherence of family life. Article 16, paragraph 1 (c), (e) and (g) 2. With regard to article 15, paragraph 4: IV 8. HUMAN RIGHTS 8
  9. 9. The Government of the Republic of the Niger 1. Article 2 (a) in connection with the rules of theexpresses reservations concerning the above-referenced hereditary transmission of authority, as it is inconsistentprovisions of article 16, particularly those concerning the with the provisions of article 8 of the Constitution.same rights and responsibilities during marriage and at its 2. Article 9, paragraph 2, as it is inconsistent withdissolution, the same rights to decide freely and Qatar’s law on citizenship.responsibly on the number and spacing of their children, 3. Article 15, paragraph 1, in connection with mattersand the right to choose a family name. of inheritance and testimony, as it is inconsistent with the The Government of the Republic of the Niger declares provisions of Islamic law.that the provisions of article 2, paragraphs (d) and (f), 4. Article 15, paragraph 4, as it is inconsistent with thearticle 5, paragraphs (a) and (b), article 15, paragraph 4, provisions of family law and established practice.and article 16, paragraph 1 (c), (e) and (g), concerning 5. Article 16, paragraph 1 (a) and (c), as they arefamily relations, cannot be applied immediately, as they inconsistent with the provisions of Islamic law.are contrary to existing customs and practices which, by 6. Article 16, paragraph 1 (f), as it is inconsistent withtheir nature, can be modified only with the passage of the provisions of Islamic law and family law. The State oftime and the evolution of society and cannot, therefore, be Qatar declares that all of its relevant national legislation isabolished by an act of authority. conducive to the interest of promoting social solidarity. Article 29 ... The Government of the Republic of the Niger 3. In accordance with article 29, paragraph 2, of theexpresses a reservation concerning article 29, paragraph Convention, the State of Qatar declares, under the terms1, which provides that any dispute between two or more of that text, that it does not consider itself bound byStates concerning the interpretation or application of the paragraph 1 of that article.present Convention which is not settled by negotiation Declaration:shall, at the request of one of them, be submitted to 1. The Government of the State of Qatar accepts thearbitration. text of article 1 of the Convention provided that, in In the view of the Government of the Niger, a dispute accordance with the provisions of Islamic law and Qatariof this nature can be submitted to arbitration only with the legislation, the phrase “irrespective of their marital status”consent of all the parties to the dispute. is not intended to encourage family relationships outsideDeclaration legitimate marriage. It reserves the right to implement the The Government of the Republic of the Niger declares Convention in accordance with this understanding.that the term "family education" which appears in article 2. The State of Qatar declares that the question of the5, paragraph (b), of the Convention should be interpreted modification of “patterns” referred to in article 5 (a) mustas referring to public education concerning the family, not be understood as encouraging women to abandon theirand that in any event, article 5 would be applied in role as mothers and their role in child-rearing, therebycompliance with article 17 of the International Covenant undermining the structure of the family.on Civil and Political Rights. REPUBLIC OF KOREA52 OMAN Upon signature:Reservations: Reservation: 1. All provisions of the Convention not in "1. The Government of the Republic of Korea does notaccordance with the provisions of the Islamic sharia and consider itself bound by the provisions of article 9 of thelegislation in force in the Sultanate of Oman; Convention on the Elimination of All Forms of 2. Article 9, paragraph 2, which provides that States Discrimination against Women of 1979.Parties shall grant women equal rights with men with "2. Bearing in mind the fundamental principles asrespect to the nationality of their children; embodied in the said Convention, the Government of the 3. Article 15, paragraph 4, which provides that Republic of Korea has recently established the KoreaStates Parties shall accord to men and women the same Womens welfare and social activities. A committee underrights with regard to the law relating to the movement of the chairmanship of the prime minister will shortly be setpersons and the freedom to choose their residence and up to consider and coordinate overall policies on women.domicile; "3. The Government of the Republic of Korea will 4. Article 16, regarding the equality of men and make continued efforts to take further measures in linewomen, and in particular subparagraphs (a), (c), and (f) with the provisions stipulated in the Convention."(regarding adoption). Upon ratification: 5. The Sultanate is not bound by article 29, Reservation:paragraph 1, regarding arbitration and the referral to the "The Government of the Republic of Korea, havingInternational Court of Justice of any dispute between two examined the said Convention, hereby ratifies theor more States which is not settled by negotiation. Convention considering itself not bound by the provisions of [...] sub-paragraph [...] (g) of paragraph 1 of Article 16 PAKISTAN31,51,57 of the Convention." ROMANIA53Declaration: "The accession by [the] Government of the Islamic RUSSIAN FEDERATION54Republic of Pakistan to the [said Convention] is subject tothe provisions of the Constitution of the Islamic Republic SAUDI ARABIAof Pakistan." Reservations:Reservation: “1. In case of contradiction between any term of the "The Government of the Islamic Republic of Pakistan Convention and the norms of islamic law, the Kingdom isdeclares that it does not consider itself bound by not under obligation to observe the contradictory terms ofparagraph 1 of article 29 of the Convention." the Convention. 2. The Kingdom does not consider itself bound by POLAND50 paragraphe 2 of article 9 of the Convention and paragraph 1 of article 29 of the Convention.” QATAR73Reservations: IV 8. HUMAN RIGHTS 9
  10. 10. SINGAPORE31,55,57,74 THAILAND59Reservations: Declaration: (1) In the context of Singapores multiracial and The Royal Thai Government wishes to express itsmulti-religious society and the need to respect the understanding that the purposes of the Convention are tofreedom of minorities to practice their religious and eliminate discrimination against women and to accord topersonal laws, the Republic of Singapore reserves the every person, men and women alike, equality before theright not to apply the provisions of articles 2, paragraphs law, and are in accordance with the principles prescribed(a) to (f), and article 16, paragraphs 1(a), 1(c), 1(h), and by the Constitution of the Kingdom of Thailand.article 16, paragraph 2, where compliance with these Reservations:provisions would be contrary to their religious or personal .....laws. 3. The Royal Thai Government does not consider (2) [...] itself bound by the provisions of [...] article 16 and article (3) Singapore interprets article 11, paragraph 1 in 29, paragraph 1, of the Convention.the light of the provisions of article 4, paragraph 2 as notprecluding prohibitions, restrictions or conditions on theemployment of women in certain areas, or on work done TRINIDAD AND TOBAGOby them where this is considered necessary or desirable to Reservation made upon signature and confirmed uponprotect the health and safety of women or the humanfoetus, including such prohibitions, restrictions or ratification:conditions imposed in consequence of other international "The Republic of Trinidad and Tobago declares that itobligations of Singapore and considers that legislation in does not consider itself bound by article 29 (1) of the saidrespect of article 11 is unnecessary for the minority of Convention, relating to the settlement of disputes."women who do not fall within the ambit of Singaporesemploymentlegislation. TUNISIA (4) The Republic of Singapore declares, inpursuance of article 29, paragraph 2 of the Convention 1. General declaration:that it will not be bound by the provisions of article 29, The Tunisian Government declares that it shall notparagraph 1. take any organizational or legislative decision in SLOVAKIA17 conformity with the requirements of this Convention where such a decision would conflict with the provisions SPAIN of chapter I of the Tunisian Constitution. 2. Reservation concerning article 9, paragraph 2:Declaration: The Tunisian Government expresses its reservation The ratification of the Convention by Spain shall not with regard to the provisions in article 9, paragraph 2 ofaffect the constitutional provisions concerning succession the Convention, which must not conflict with theto the Spanish crown. provisions of chapter VI of the Tunisian Nationality Code. SWITZERLAND58 3. Reservation concerning article 16, paragraphs (c), (d), ..... (f), (g) and (h):(b) Reservation concerning article 16, paragraph 1 (g): The Tunisian Government considers itself not bound Said provision shall be applied subject to the by article 16, paragraphs (c), (d) and (f) of the Conventionregulations on family name (Civil Code, article 160 and and declares that paragraphs (g) and (h) of that articlearticle 8 (a), final section); must not conflict with the provisions of the Personal Status Code concerning the granting of family names to(c) Reservation concerning article 15, paragraph 2, and children and the acquisition of property througharticle 16, paragraph 1 (h): inheritance. Said provisions shall be applied subject to several 4. Reservation concerning article 29, paragraph 1:interim provisions of the matrimonial regime (Civil Code, The Tunisian Government declares, in conformityarticles 9 (e) and 10, final section). with the requirements of article 29, paragraph 2 of the Convention, that it shall not be bound by the provisions of SYRIAN ARAB REPUBLIC paragraph 1 of that article which specify that any dispute between two or more States Parties concerning theReservation: interpretation or application of the present Convention ..... subject to reservations to article 2; article 9, which is not settled by negotiation shall be referred to theparagraph 2, concerning the grant of a womans International Court of Justice at the request of any one ofnationality to her children; article 15, paragraph 4, those parties.concerning freedom of movement and of residence and The Tunisian Government considers that such disputesdomicile; article 16, paragraph 1 (c), (d), (f) and (g), should be submitted for arbitration or consideration by theconcerning equal rights and responsibilities during International Court of Justice only with the consent of allmarriage and at its dissolution with regard to parties to the dispute.guardianship, the right to choose a family name, 5. Declaration concerning article 15, paragraph4:maintenance and adoption; article 16, paragraph 2, In accordance with the provisions of the Viennaconcerning the legal effect of the betrothal and the Convention on the Law of Treaties, dated 23 May 1969,marriage of a child, inasmuch as this provision is the Tunisian Government emphasizes that theincompatible with the provisions of the Islamic Shariah; requirements of article 15, paragraph 4, of the Conventionand article 29, paragraph 1, concerning arbitration on the Elimination of All forms of Discrimination againstbetween States in the event of a dispute. Women, and particularly that part relating to the right of The accession of the Syrian Arab Republic to this women to choose their residence and domicile, must notConvention shall in no way signify recognition of Israel be interpreted in a manner which conflicts with theor entail entry into any dealings with Israel in the context provisions of the Personal Status Code on this subject, asof the provisions of the Convention.. set forth in chapters 23 and 61 of the Code. IV 8. HUMAN RIGHTS 10
  11. 11. TURKEY75 intention to make certain reservations and declarations upon ratification of the Convention.Reservations: Upon ratification: " With respect to article 29, paragraph 1 "A. On behalf of the United Kingdom of Great In pursuance of article 29, paragraph 2 of the Britain and Northern Ireland:Convention, the Government of the Republic of Turkey (a) The United Kingdom understands the maindeclares that it does not consider itself bound by purpose of the Convention, in the light of the definitionparagraph 1 of this article." contained in Article 1, to be the reduction, in accordance [.....] with its terms, of discrimination against women, and does UKRAINE54 not therefore regard the Convention as imposing any requirement to repeal or modify any existing laws, UNITED ARAB EMIRATES60 regulations, customs or practices which provide for women to be treated more favourably than men, whetherReservations: temporarily or in the longer term; the United Kingdoms The United Arab Emirates makes reservations to undertakings under Article 4, paragraph 1, and otherarticles 2 (f), 9, 15 (2), 16 and 29 (1) of the Convention, provisions of the Convention are to be construedas follows: accordingly." Article 2 (f) ... The United Arab Emirates, being of the opinion that (c) In the light of the definition contained in Articlethis paragraph violates the rules of inheritance established 1, the United Kingdoms ratification is subject to thein accordance with the precepts of the Shariah, makes a understanding that none of its obligations under thereservation thereto and does not consider itself bound by Convention shall be treated as extending to the successionthe provisions thereof. to, or possession and enjoyment of, the Throne, the Article 9 peerage, titles of honour, social precedence or armorial The United Arab Emirates, considering the acquisition bearings, or as extending to the affairs of religiousof nationality an internal matter which is governed, and denominations or orders or any act done for the purposethe conditions and controls of which are established, by of ensuring the combat effectiveness of the Armed Forcesnational legislation makes a reservation to this article and of the Crown."does not consider itself bound by the provisions thereof. ... Article 15 (2) "Article 9 The United Arab Emirates, considering this paragraph The British Nationality Act 1981, which was broughtin conflict with the precepts of the Shariah regarding legal into force with effect from January 1983, is based oncapacity, testimony and the right to conclude contracts, principles which do not allow of any discriminationmakes a reservation to the said paragraph of the said against women within the meaning of Article 1 as regardsarticle and does not consider itself bound by the acquisition, change or retention of their nationality or asprovisions thereof. regards the nationality of theirchildren. The United Article 16 Kingdoms acceptance of Article 9 shall not, how ever, be The United Arab Emirates will abide by the provisions taken to invalidate the continuation of certain temporaryof this article insofar as they are not in conflict with the or transitional provisions which will ctinue in forceprinciples of the Shariah. The United Arab Emirates beyond that date."considers that the payment of a dower and of support after ...divorce is an obligation of the husband, and the husband "Article 11has the right to divorce, just as the wife has her ...independent financial security and her full rights to her "The United Kingdom reserves the right to apply allproperty and is not required to pay her husbands or her United Kingdom legislation and the rules of pensionown expenses out of her own property. The Shariah schemes affecting retirement pensions, survivors benefitsmakes a womans right to divorce conditional on a judicial and other benefits in relation to death or retirementdecision, in a case in which she has been harmed. (including retirement on grounds of redundancy), whether Article 29 (1) or not derived from a Social Security scheme." The United Arab Emirates appreciates and respects the "This reservation will apply equally to any futurefunctions of this article, which provides: legislation which may modify or replace such legislation, "Any dispute between two or more States Parties or the rules of pension schemes, on the understanding thatconcerning the interpretation or application of the present the terms of such legislation will be compatible with theConvention which is not settled by negotiation shall, at United Kingdoms obligations under the Convention."the request of one of them, be submitted to arbitration. If "The United Kingdom reserves the right to apply thewithin six months...the parties are unable..." [any one of following provisions of United Kingdom legislationthose parties] "may refer the dispute to the International concerning the benefits specified:Court of Justice..." This article, however, violates the ...general principle that matters are submitted to an b) increases of benefits for adult dependants underarbitration panel by agreement between the parties. In sections 44 to 47, 49 and 66 of the Social Security Actaddition, it might provide an opening for certain States to 1975 and under sections 44 to 47, 49 and 66 of the Socialbring other States to trial in defence of their nationals; the Security (Northern Ireland) Act 1975;case might then be referred to the committee charged with ...discussing the State reports required by the Convention The United Kingdom reserves the right to apply anyand a decision might be handed down against the State in non-discriminatory requirement for a qualifying period ofquestion for violating the provisions of the Convention. employment or insurance for the application of theFor these reasons the United Arab Emirates makes a provisions contained in Article 11 (2)."reservation to this article and does not consider itself "Article 15bound by the provisions thereof. ... UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN "In relation to Article 15, paragraph 3, the United IRELAND61,62 Kingdom understands the intention of this provision to be that only those terms or elements of a contract or otherUpon signature: private instrument which are discriminatory in the sense "The Government of the United Kingdom of Great described are to be deemed null and void, but notBritain and Northern Ireland declare that it is their necessarily the contract or instrument as a whole." IV 8. HUMAN RIGHTS 11
  12. 12. "Article 16 b) increases of benefit for adult dependants; As regards sub-paragraph 1 (f) of Article 16, the c) retirement pensions and survivors benefits;United Kingdom does not regard the reference to the d) family income supplements.paramountcy of the interests of the children as being "This reservation will apply equally to any futuredirectly relevant to the elimination of discrimination legislation which may modify or replace any of theagainst women, and declares in this connection that the provisions specified in sub-paragraphs (a) to (d) above, onlegislation of the United Kingdom regulating adoption, the understanding that the terms of such legislation willwhile giving a principal position to the promotion of the be compatible with the United Kingdoms obligationschildrens welfare, does not give to the childs interests the under the Convention."same paramount place as in issues concerning custody "The United Kingdom reserves the right to apply anyover children." non-discriminatory requirement for a qualifying period of ... employment or insurance for the application of the "B. On behalf of the Isle of Man, the British Virgin provisions contained in Article 11 (2)."Islands, the Falkland Islands, South Georgia and the Article 13, 15 and 16South Sandwich Islands, and the Turks and Caicos [Same reservations as those made on behalf the UnitedIslands: Kingdom.] [Same reservations as the one made on behalf of the VENEZUELA (BOLIVARIAN REPUBLIC OF) United Kingdom under paragraphs A (a), (c), and (d)except that in the of case d) it applies to the territories and Reservation made upon ratification confirming in their laws).] substance the reservation made upon signature: Article 1 Venezuela makes a formal reservation with regard to [Same reservation as the one made in respect of the article 29, paragraph 1, of the Convention, since it does United Kingdom except with regard to the absence of a not accept arbitration or the jurisdiction of the reference to United Kingdom legislation.] International Court of Justice for the settlement of Article 2 disputes concerning the interpretation or application of [Same reservation as the one made in respect of the this Convention.United Kingdom except that reference is made to the laws of the territories, and not the laws of the United Kingdom.] VIET NAM Article 9 [Same reservation as the one made in respect of the Reservation: United Kingdom.] In implementing this Convention, the Socialist Article 11 Republic of Viet Nam will not be bound by the provisions [Same reservation as those made in respect of the of paragraph 1 article 29. United Kingdom except that a reference is made to the laws of the territories, and not to the laws of the United YEMEN64 Kingdom.] "Also, as far as the territories are concerned, the The Government of the Peoples Democratic Republicspecific benefits listed and which may be applied under of Yemen declares that it does not consider itself boundthe provisions of these territories legislation are as by article 29, paragraph 1, of the said Convention, relatingfollows: to the settlement of disputes which may arise concerning a) social security benefits for persons engaged in the application or interpretation of the Convention.caring for a severely disabled person; Objections (Unless otherwise indicated, the objections were made upon ratification, accession or succession.) AUSTRIA Convention, essential for the fulfillment of its object and purpose. 26 October 1994 It is in the common interests of States that treaties toWith regard to the reservations made by Maldives upon which they have chosen to become Parties are respected, as to their object and purpose, by all Parties and thataccession: States are prepared to undertake any legislative changes "The reservation made by the Maldives is necessary to comply with their obligations under theincompatible with the object and purpose of the treaties.Convention and is therefore inadmissible under article 19 Austria is further of the view that a general reservation(c) of the Vienna Convention on the Law of Treaties and of the kind made by the Government of the Islamicshall not be permitted, in accordance with article 28 (2) of Republic of Pakistan, which does not clearly specify thethe Convention on the Elimination of All Forms of provisions of the Convention to which it applies and theDiscrimination Against Women. Austria therefore states extent of the derogation therefrom, contributes tothat this reservation cannot alter or modify in any respect undermining the basis of international treaty law.the obligations arising from the Convention for any State Given the general character of this reservation a finalParty thereto." assessment as to its admissibility under international law 5 June 1997 cannot be made without further clarification.With regard to the declaration made by Pakistan upon According to international law a reservation is inadmissible to the extent as its application negativelyaccession: affects the compliance by a State with its obligations "Austria is of the view that a reservation by which a under the Convention essential for the fulfillment of itsState limits its responsibilities under the Convention in a object and purpose.general and unspecified manner by invoking internal law Therefore, Austria cannot consider the reservationcreates doubts as to the commitment of the Islamic made by the Government of the Islamic Republic ofRepublic of Pakistan with its obligations under the Pakistan as admissible unless the Government of the IV 8. HUMAN RIGHTS 12
  13. 13. Islamic Republic of Pakistan, by providing additional This position, however, does not preclude the entryinformation or through subsequent practice, ensures that into force in its entirety of the Convention between thethe reservation is compatible with the provisions essential Democratic Peoples Republic of Korea and Austria."for the implementation of the object and purpose of the 13 February 2002Convention. With regard to the reservation made by Mauritania upon This view by Austria would not preclude the entry intoforce in its entirety of the Convention between Pakistan accession:and Austria." "The Government of Austria has examined the 20 February 1998 reservation to the Convention on the Elimination of all Forms of Discrimination against Women made by theWith regard to reservations made by Lebanon upon Government of the Islamic Republic of Mauritania in itsaccession: note to the Secretary-General of 5 June 2001. [Same objection, mutatis mutandis, as the one made The Government of Austria considers that, in thefor Pakistan.] absence of further clarification, this reservation raises 21 August 2001 doubts as to the degree of commitment assumed byWith regard to reservations made by Saudi Arabia upon Mauritania in becoming a party to the Convention since it refers to the contents of Islamic Sharia and to existingratification: national legislation in Mauritania. The Government of "Austria has examined the reservations to the Austria would like to recall that, according to art. 28 (2)Convention on the Elimination of All Forms of of the Convention as well as customary international lawDiscrimination against Women made by the Government as codified in the Vienna Convention on the Law ofof the Kingdom of Saudi Arabia in its note to the Treaties, a reservation incompatible with the object andSecretary-General of 7 September 2000. purpose of a treaty shall not be permitted. The fact that the reservation concerning any It is in the common interest of States that treaties tointerpretation of the provisions of the Convention that is which they have chosen to become parties are respectedincompatible with the norms of Islamic law does not as to their object and purpose, by all parties, and thatclearly specify the provisions of the Convention to which States are prepared to undertake any legislative changesit applies and the extent of the derogation therefrom raises necessary to comply with their obligations under thedoubts as to the commitment of the Kingdom of Saudi treaties.Arabia to the Convention. For these reasons, the Government of Austria objects Given the general character of this reservation a final to this reservation made by the Government ofassessment as to its admissibility under international law Mauritania.cannot be made without further clarification. Until the This position, however, does not preclude the entryscope of the legal effects of this reservation is sufficiently into force in its entirety of the Convention betweenspecified by the Government of Saudi Arabia, Austria Mauritania and Austria."considers the reservation as not affecting any provision 31 March 2003the implementation of which is essential to fulfilling theobject and purpose of the Convention. In Austrias view, With regard to the reservation made by Bahrain uponhowever, the reservation in question is inadmissible to the accession:extent that its application negatively affects the "The Government of Austria has examined thecompliance by Saudi Arabia with its obligations under the reservation to the Convention on the Elimination of allConvention essential for the fulfilment of its object and forms of Discrimination against Women made by thepurpose. Austria does not consider the reservation made Government of the Kingdom of Bahrain in its note to theby the Government of Saudi Arabia as admissible unless Secretary-General of 18 June 2002, regarding articles 2,the Government of Saudi Arabia, by providing additional 9(2), 15(4) and 16.information or through subsequent practice, ensures that The reservation to articles 9(2) and 15(4), if put intothe reservation is compatible with the provisions essential practice, would inevitably result in discrimination againstfor the implementation of the object and purpose of the women on the basis of sex. This is contrary to the objectConvention. and purpose of the Convention. As to the reservation to Paragraph 2 of Article 9 of the The Government of Austria further considers that, inConvention Austria is of the view that the exclusion of the absence of further clarification, the reservation tosuch an important provision of non-discrimination is not articles 2 and 16 which does not clearly specify the extentcompatible with object and purpose of the Convention. of Bahrains derogation from the provisions in questionAustria therefore objects to this reservation. raises doubts as to the degree of commitment assumed by This position, however, does not preclude the entry Bahrain in becoming a party to the Convention since itinto force in its entirety of the Convention between Saudi refers to the contents of Islamic Sharia.Arabia and Austria." The Government of Austria would like to recall that,With regard to reservations made by the Democcratic according to art. 28(2) of the Convention as well asRepublic of Korea upon accession: customary international law as codified in the Vienna "Austria has examined the reservations to the Convention on the Law of Treaties, a reservationConvention on the Elimination of All Forms of incompatible with the object and purpose of a treaty shallDiscrimination against Women made by the Government not be permitted.of the Democratic Peoples Republic of Korea in its note It is in the common interest of States that treaties toto the Secretary General of 27 February 2001. which they have chosen to become parties are respected Taking into consideration that according to Paragraph as to their object and purpose, by all parties, and that2 of Article 28 of the Convention, reservations which are States are prepared to undertake any legislative changesincompatible with the objective and purpose of the necessary to comply with their obligations under theConvention are not acceptable, Austria objects to the treaties.reservations in respect of Paragraph f of Article 2 and For these reasons, the Government of Austria objectsParagraph 2 of Article 9. to this reservation made by the Government of Bahrain. Both Paragraphs refer to basic aspects of the This position, however, does not preclude the entryConvention, that are legislation to abolish existing into force in its entirety of the Convention betweendiscrimination against women and a specific form of Bahrain and Austria."discrimination, such as the nationality of children. 14 August 2003 IV 8. HUMAN RIGHTS 13

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