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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: 98 ,Parties: 185.
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.

 

 

PARTICIPANTS

Participant  Signature  Ratification, Accession (a), Succession (d) 
Afghanistan  14 Aug 1980  5 Mar 2003 
Albania    11 May 1994 a 
Algeria    22 May 1996 a 
Andorra    15 Jan 1997 a 
Angola    17 Sep 1986 a 
Antigua and Barbuda    1 Aug 1989 a 
Argentina  17 Jul 1980  15 Jul 1985 
Armenia    13 Sep 1993 a 
Australia  17 Jul 1980  28 Jul 1983 
Austria  17 Jul 1980  31 Mar 1982 
Azerbaijan    10 Jul 1995 a 
Bahamas    6 Oct 1993 a 
Bahrain    18 Jun 2002 a 
Bangladesh    6 Nov 1984 a 
Barbados  24 Jul 1980  16 Oct 1980 
Belarus  17 Jul 1980  4 Feb 1981 
Belgium  17 Jul 1980  10 Jul 1985 
Belize  7 Mar 1990  16 May 1990 
Benin  11 Nov 1981  12 Mar 1992 
Bhutan  17 Jul 1980  31 Aug 1981 
Bolivia  30 May 1980  8 Jun 1990 
Bosnia and Herzegovina2    1 Sep 1993 d 
Botswana    13 Aug 1996 a 
Brazil  31 Mar 1981  1 Feb 1984 
Brunei Darussalam    24 May 2006 a 
Bulgaria  17 Jul 1980  8 Feb 1982 
Burkina Faso    14 Oct 1987 a 
Burundi  17 Jul 1980  8 Jan 1992 
Cambodia3,4  17 Oct 1980  15 Oct 1992 a 
Cameroon  6 Jun 1983  23 Aug 1994 
Canada  17 Jul 1980  10 Dec 1981 
Cape Verde    5 Dec 1980 a 
Central African Republic    21 Jun 1991 a 
Chad    9 Jun 1995 a 
Chile  17 Jul 1980  7 Dec 1989 
China5,13  17 Jul 1980  4 Nov 1980 
Colombia  17 Jul 1980  19 Jan 1982 
Comoros    31 Oct 1994 a 
Congo  29 Jul 1980  26 Jul 1982 
Cook Islands    11 Aug 2006 a 
Costa Rica  17 Jul 1980  4 Apr 1986 
Côte d'Ivoire  17 Jul 1980  18 Dec 1995 
Croatia2    9 Sep 1992 d 
Cuba  6 Mar 1980  17 Jul 1980 
Cyprus    23 Jul 1985 a 
Czech Republic6    22 Feb 1993 d 
Democratic People's Republic of Korea    27 Feb 2001 a 
Democratic Republic of the Congo  17 Jul 1980  17 Oct 1986 
Denmark  17 Jul 1980  21 Apr 1983 
Djibouti    2 Dec 1998 a 
Dominica  15 Sep 1980  15 Sep 1980 
Dominican Republic  17 Jul 1980  2 Sep 1982 
Ecuador  17 Jul 1980  9 Nov 1981 
Egypt  16 Jul 1980  18 Sep 1981 
El Salvador  14 Nov 1980  19 Aug 1981 
Equatorial Guinea    23 Oct 1984 a 
Eritrea    5 Sep 1995 a 
Estonia    21 Oct 1991 a 
Ethiopia  8 Jul 1980  10 Sep 1981 
Fiji    28 Aug 1995 a 
Finland  17 Jul 1980  4 Sep 1986 
France  17 Jul 1980  14 Dec 1983 
Gabon  17 Jul 1980  21 Jan 1983 
Gambia  29 Jul 1980  16 Apr 1993 
Georgia    26 Oct 1994 a 
Germany7,8  17 Jul 1980  10 Jul 1985 
Ghana  17 Jul 1980  2 Jan 1986 
Greece  2 Mar 1982  7 Jun 1983 
Grenada  17 Jul 1980  30 Aug 1990 
Guatemala  8 Jun 1981  12 Aug 1982 
Guinea9  17 Jul 1980  9 Aug 1982 
Guinea-Bissau  17 Jul 1980  23 Aug 1985 
Guyana  17 Jul 1980  17 Jul 1980 
Haiti  17 Jul 1980  20 Jul 1981 
Honduras  11 Jun 1980  3 Mar 1983 
Hungary  6 Jun 1980  22 Dec 1980 
Iceland  24 Jul 1980  18 Jun 1985 
India  30 Jul 1980  9 Jul 1993 
Indonesia  29 Jul 1980  13 Sep 1984 
Iraq    13 Aug 1986 a 
Ireland    23 Dec 1985 a 
Israel  17 Jul 1980  3 Oct 1991 
Italy  17 Jul 1980  10 Jun 1985 
Jamaica  17 Jul 1980  19 Oct 1984 
Japan  17 Jul 1980  25 Jun 1985 
Jordan  3 Dec 1980  1 Jul 1992 
Kazakhstan    26 Aug 1998 a 
Kenya    9 Mar 1984 a 
Kiribati    17 Mar 2004 a 
Kuwait    2 Sep 1994 a 
Kyrgyzstan    10 Feb 1997 a 
Lao People's Democratic Republic  17 Jul 1980  14 Aug 1981 
Latvia    14 Apr 1992 a 
Lebanon    16 Apr 1997 a 
Lesotho  17 Jul 1980  22 Aug 1995 
Liberia    17 Jul 1984 a 
Libyan Arab Jamahiriya    16 May 1989 a 
Liechtenstein    22 Dec 1995 a 
Lithuania    18 Jan 1994 a 
Luxembourg  17 Jul 1980  2 Feb 1989 
Madagascar  17 Jul 1980  17 Mar 1989 
Malawi    12 Mar 1987 a 
Malaysia    5 Jul 1995 a 
Maldives    1 Jul 1993 a 
Mali  5 Feb 1985  10 Sep 1985 
Malta    8 Mar 1991 a 
Marshall Islands    2 Mar 2006 a 
Mauritania    10 May 2001 a 
Mauritius    9 Jul 1984 a 
Mexico  17 Jul 1980  23 Mar 1981 
Micronesia (Federated States of)    1 Sep 2004 a 
Moldova    1 Jul 1994 a 
Monaco    18 Mar 2005 a 
Mongolia  17 Jul 1980  20 Jul 1981 
Montenegro14    23 Oct 2006 d 
Morocco    21 Jun 1993 a 
Mozambique    21 Apr 1997 a 
Myanmar    22 Jul 1997 a 
Namibia    23 Nov 1992 a 
Nepal  5 Feb 1991  22 Apr 1991 
Netherlands10  17 Jul 1980  23 Jul 1991 
New Zealand11,12  17 Jul 1980  10 Jan 1985 
Nicaragua  17 Jul 1980  27 Oct 1981 
Niger    8 Oct 1999 a 
Nigeria  23 Apr 1984  13 Jun 1985 
Norway  17 Jul 1980  21 May 1981 
Oman    7 Feb 2006 a 
Pakistan    12 Mar 1996 a 
Panama  26 Jun 1980  29 Oct 1981 
Papua New Guinea    12 Jan 1995 a 
Paraguay    6 Apr 1987 a 
Peru  23 Jul 1981  13 Sep 1982 
Philippines  15 Jul 1980  5 Aug 1981 
Poland  29 May 1980  30 Jul 1980 
Portugal13  24 Apr 1980  30 Jul 1980 
Republic of Korea  25 May 1983  27 Dec 1984 
Romania  4 Sep 1980  7 Jan 1982 
Russian Federation  17 Jul 1980  23 Jan 1981 
Rwanda  1 May 1980  2 Mar 1981 
Saint Kitts and Nevis    25 Apr 1985 a 
Saint Lucia    8 Oct 1982 a 
Saint Vincent and the Grenadines    4 Aug 1981 a 
Samoa    25 Sep 1992 a 
San Marino  26 Sep 2003  10 Dec 2003 
Sao Tome and Principe  31 Oct 1995  3 Jun 2003 
Saudi Arabia  7 Sep 2000  7 Sep 2000 
Senegal  29 Jul 1980  5 Feb 1985 
Serbia2    12 Mar 2001 d 
Seychelles    5 May 1992 a 
Sierra Leone  21 Sep 1988  11 Nov 1988 
Singapore    5 Oct 1995 a 
Slovakia6    28 May 1993 d 
Slovenia2    6 Jul 1992 d 
Solomon Islands    6 May 2002 a 
South Africa  29 Jan 1993  15 Dec 1995 
Spain  17 Jul 1980  5 Jan 1984 
Sri Lanka  17 Jul 1980  5 Oct 1981 
Suriname    1 Mar 1993 a 
Swaziland    26 Mar 2004 a 
Sweden  7 Mar 1980  2 Jul 1980 
Switzerland  23 Jan 1987  27 Mar 1997 
Syrian Arab Republic    28 Mar 2003 a 
Tajikistan    26 Oct 1993 a 
Thailand    9 Aug 1985 a 
The Former Yugoslav Republic of Macedonia2    18 Jan 1994 d 
Timor-Leste    16 Apr 2003 a 
Togo    26 Sep 1983 a 
Trinidad and Tobago  27 Jun 1985  12 Jan 1990 
Tunisia  24 Jul 1980  20 Sep 1985 
Turkey    20 Dec 1985 a 
Turkmenistan    1 May 1997 a 
Tuvalu    6 Oct 1999 a 
Uganda  30 Jul 1980  22 Jul 1985 
Ukraine  17 Jul 1980  12 Mar 1981 
United Arab Emirates    6 Oct 2004 a 
United Kingdom of Great Britain and Northern Ireland5,15  22 Jul 1981  7 Apr 1986 
United Republic of Tanzania  17 Jul 1980  20 Aug 1985 
United States of America  17 Jul 1980   
Uruguay  30 Mar 1981  9 Oct 1981 
Uzbekistan    19 Jul 1995 a 
Vanuatu    8 Sep 1995 a 
Venezuela (Bolivarian Republic of)  17 Jul 1980  2 May 1983 
Viet Nam  29 Jul 1980  17 Feb 1982 
Yemen16    30 May 1984 a 
Zambia  17 Jul 1980  21 Jun 1985 
Zimbabwe    13 May 1991 a 
 

 

DECLARATIONS

Declarations and Reservations

(Unless otherwise indicated, the declarations and reservations were made

upon ratification, accession or succession.)

Algeria17

Reservations:

Article 2:

The Government of the People's Democratic Republic of Algeria declares that it is prepared to apply the provisions of this article on condition that they do not conflict with the provisions of the Algerian Family Code.

Article 9, paragraph 2:

The Government of the People's Democratic Republic of Algeria wishes to express its reservations concerning the provisions of article 9, paragraph 2, which are incompatible with the provisions of the Algerian Nationality code and the Algerian Family Code.

The Algerian Nationality code allows a child to take the nationality of the mother only when:

- the father is either unknown or stateless;

- the child is born in Algeria to an Algerian mother and a foreign father who was born in Algeria;

- moreover, a child born in Algeria to an Algerian mother and a foreign father who was not born on Algerian territory may, under article 26 of the Algerian Nationality Code, acquire the nationality of the mother providing the Ministry of Justice does not object.

Article 41 of the Algerian Family Code states that a child is affiliated to its father through legal marriage.

Article 43 of that Code states that `the child is affiliated to its father if it is born in the 10 months following the date of separation or death'.

Article 15, paragraph 4:

The Government of the People's Democratic Republic of Algeria declares that the provisions of article 15, paragraph 4, concerning the right of women to choose their residence and domicile should not be interpreted in such a manner as to contradict the provisions of chapter 4 (art. 37) of the Algerian Family Code.

Article 16:

The Government of the People's Democratic Republic of Algeria declares that the provisions of article 16 concerning equal rights for men and women in all matters relating to marriage, both during marriage and at its dissolution, should not contradict the provisions of the Algerian Family Code.

Article 29:

The Government of the People's Democratic Republic of Algeria does not consider itself bound by article 29, paragraph 1, which states that any dispute between two or more Parties concerning the interpretation or application of the Convention which is not settled by negotiation shall, at the request of one of them, be submitted to arbitration or to the International Court of Justice.

The Government of the People's Democratic Republic of Algeria holds that no such dispute can be submitted to arbitration or to the Court of International Justice except with the consent of all the parties to the dispute.

Argentina

Reservation:

The Government of Argentina declares that it does not consider itself bound by article 29, paragraph 1, of the Convention on the Elimination of All Forms of Discrimination against Women.

Australia18

Reservations:

"The Government of Australia states that maternity leave with pay is provided in respect of most women employed by the Commonwealth Government and the Governments of New South Wales and Victoria. Unpaid maternity leave is provided in respect of all other women employed in the State of New South Wales and elsewhere to women employed under Federal and some State industrial awards. Social Security benefits subject to income tests are available to women who are sole parents.

"The Government of Australia advises that it is not at present in a position to take the measures required by article 11 (2) to introduce maternity leave with pay or with comparable social benefits throughout Australia.

.....

Declaration:

"Australia has a Federal Constitutional System in which Legislative, Executive and Judicial Powers are shared or distributed between the Commonwealth and the Constituent States. The implementation of the Treaty throughout Australia will be effected by the Commonwealth State and Territory Authorities having regard to their respective constitutional powers and arrangements concerning their exercise."

30 August 2000

Reservation:

The Government of Australia advises that it does not accept the application of the Convention in so far as it would require alteration of Defence Force policy which excludes women from combat duties."

Austria19

Reservation:

"Austria reserves its right to apply the provision of Article 11, as far as special protection of working women is concerned within the limits established by national legislation."

Bahamas

Reservations:

"The Government of the Commonwealth of the Bahamas does not consider itself bound by the provisions of article 2(a), ... article 9, paragraph 2, ... article 16(h), ... [and] article 29, paragraph 1, of the Convention."

Bahrain

Reservations:

....the Kingdom of Bahrain makes reservations with respect to the following provisions of the Convention:

- Article 2, in order to ensure its implementation within the bounds of the provisions of the Islamic Shariah;

- Article 9, paragraph 2;

- Article 15, paragraph 4;

- Article 16, in so far as it is incompatible with the provisions of the Islamic Shariah;

- Article 29, paragraph 1.

Bangladesh20

"The Government of the People's Republic of Bangladesh does not consider as binding upon itself the provisions of article 2, [... and ...] 16 (1) (c) as they conflict with Sharia law based on Holy Quran and Sunna."

Belarus21

Belgium22

Brazil23

Reservation made upon signature and confirmed upon ratifica- tion:

"... Brazil does not consider itself bound by article 29, paragraph 1, of the above-mentioned Convention."

Brunei Darussalam

Reservations:

"The Government of Brunei Darussalam expresses its reservations regarding those provisions of the said Convention that may be contrary to the Constitution of Brunei Darussalam and to the beliefs and principles of Islam, the official religion of Brunei Darussalam and, without prejudice to the generality of the said reservations, expresses its reservations regarding paragraph 2 of Article 9 and paragraph 1 of Article 29 of the Convention."

Bulgaria24

Canada25

Chile

Upon signature:

Declaration:

The Government of Chile has signed this Convention on the Elimination of All Forms of Discrimination Against Women, mindful of the important step which this document represents, not only in terms of the elimination of all forms of discrimination against women, but also in terms of their full and permanent integration into society in conditions of equality.

The Government is obliged to state, however, that 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 Commission for the Study and Reform of the Civil Code, which now has before it various proposals to amend, inter alia, those provisions which are not fully consistent with the terms of the Convention.

China

Declaration made upon signature and confirmed upon ratifica- tion:

The People's Republic of China does not consider itself bound by paragraph 1 of article 29 of the Convention.

Cook Islands26

Cuba

Reservation:

The Government of the Republic of Cuba makes a specific reservation concerning the provisions of article 29 of the Convention inasmuch as it holds that any disputes that may arise between States Parties should be resolved through direct negotiations through the diplomatic channel.

Cyprus27

Czech Republic6

Democratic People's Republic of Korea28

Reservations:

"The Government of the Democratic People's Republic of Korea does not consider itself bound by the provisions of paragraph (f) of article 2, paragraph 2 of article 9 and paragraph 1 of article 29 of [the Convention]."

Egypt

Reservations made upon signature and confirmed upon ratification:

In respect of article 9

Reservation to the text of article 9, paragraph 2, concerning the granting to women of equal rights with men with respect to the nationality of their children, without prejudice to the acquisition by a child born of a marriage of the nationality of his father. This is in order to prevent a child's acquisition of two nationalities where his parents are of different nationalities, since this may be prejudicial to his future. It is clear that the child's acquisition of his father's nationality is the procedure most suitable for the child and that this does not infringe upon the principle of equality between men and women, since it is customary for a woman to agree, upon marrying an alien, that her children shall be of the father's nationality.

In respect of article 16

Reservation to the text of article 16 concerning the equality of men and women in all matters relating to marriage and family relations during the marriage and upon its dissolution, without prejudice to the Islamic Sharia's provisions whereby women are accorded rights equivalent to those of their spouses so as to ensure a just balance between them. This is out of respect for the sacrosanct nature of the firm religious beliefs which govern marital relations in Egypt and which may not be called in question and in view of the fact that one of the most important bases of these relations is an equivalency of rights and duties so as to ensure complementary which guarantees true equality between the spouses. The provisions of the Sharia lay down that the husband shall pay bridal money to the wife and maintain her fully and shall also make a payment to her upon divorce, whereas the wife retains full rights over her property and is not obliged to spend anything on her keep. The Sharia therefore restricts the wife's rights to divorce by making it contingent on a judge's ruling, whereas no such restriction is laid down in the case of the husband.

In respect of article 29:

The Egyptian delegation also maintains the reservation contained in article 29, paragraph 2, concerning the right of a State signatory to the Convention to declare that it does not consider itself bound by paragraph 1 of that article concerning the submission to an arbitral body of any dispute which may arise between States concerning the interpretation or application of the Convention. This is in order to avoid being bound by the system of arbitration in this field.

Reservation made upon ratification:

General reservation on article 2

The Arab Republic of Egypt is willing to comply with the content of this article, provided that such compliance does not run counter to the Islamic Sharia.

El Salvador

Upon signature:

Upon ratification of the Convention, the Government of El Salvador will make the reservation provided for in article 29.

Upon ratification:

Reservation:

With reservation as to the application of the provision of article 29, paragraph 1.

Ethiopia

Reservation:

Socialist Ethiopia does not consider itself bound by paragraph 1 of article 29 of the Convention.

Fiji29

France30

Upon signature:

The Government of the French Republic declares that article 9 of the Convention must not be interpreted as precluding the application of the second paragraph of article 96 of the code of French nationality.

[All other declarations and reservations were confirmed in substance upon ratification.]

Upon ratification:

Declarations:

The Government of the French Republic declares that the preamble to the Convention in particular the eleventh preambular paragraph contains debatable elements which are definitely out of place in this text.

The Government of the French Republic declares that the term "family education" in article 5 (b) of the Convention must be interpreted as meaning public education concerning the family and that, in any event, article 5 will be applied subject to respect for article 17 of the International Covenant on Civil and Political Rights and article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms.

The Government of the French Republic declares that no provision of the Convention must be interpreted as prevailing over provisions of French legislation which are more favourable to women than to men.

Reservations:

.....

Article 14

1. The Government of the French Republic declares that article 14, paragraph 2 (c), should be interpreted as guaranteeing that women who fulfil the conditions relating to family or employment required by French legislation for personal participation shall acquire their own rights within the framework of social security.

2. The Government of the French Republic declares that article 14, paragraph 2 (h), of the Convention should not be interpreted as implying the actual provision, free of charge, of the services mentioned in that paragraph.

Article 16 1 (g)

The Government of the French Republic enters a reservation concerning the right to choose a family name mentioned in article 16, paragraph 1 (g), of the Convention.

Article 29

The Government of the French Republic declares, in pursuance of article 29, paragraph 2, of the Convention, that it will not be bound by the provisions of article 29, paragraph 1.

Germany7

,31

Declaration:

The right of peoples to self-determination, as enshrined in the Charter of the United Nations and in the International Covenants of 19 December 1966, applies to all peoples and not only to those living 'under alien and colonial domination and foreign occupation'. All peoples thus have the inalienable right freely to determine their political status and freely to pursue their economic, social and cultural development. The Federal Republic of Germany would be unable to recognize as legally valid an interpretation of the right to self-determination which contradicts the unequivocal wording of the Charter of the United Nations and of the two International Covenants of 19 December 1966 on Civil and Political Rights and on Economic, Social and Cultural Rights. It will interpret the 11th paragraph of the Preamble accordingly.

Hungary32

India

Declarations and reservations made upon signature and confirmed upon ratification:

Declarations:

"i) With regard to articles 5 (a) and 16 (1) of the Convention on the Elimination of All Forms of Discrimination Against Women, the Government of the Republic of India declares that it shall abide by and ensure these provisions in conformity with its policy of non-interference in the personal affairs of any Community without its initiative and consent.

"ii) With regard to article 16 (2) of the Convention on the Elimination of All Forms of Discrimination Against Women, the Government of the Republic of India declares that though in principle it fully supports the principle of compulsory registration of marriages, it is not practical in a vast country like India with its variety of customs, religions and level of literacy."

Reservation:

"With regard to article 29 of the Convention on the Elimination of All Forms of Discrimination Against Women, the Government of the Republic of India declares that it does not consider itself bound by paragraph 1 of this article."

Indonesia

"The Government of the Republic of Indonesia does not consider itself bound by the provisions of article 29, paragraph 1 of this Convention and takes the position that any dispute relating to the interpretation or application of the Convention may only be submitted to arbitration or to the International Court of Justice with the agreement of all the parties to the dispute."

Iraq33

Reservations:

1. Approval of and accession to this Convention shall not mean that the Republic of Iraq is bound by the provisions of article 2, paragraphs (f) and (g), of article 9, paragraphs 1 and 2, nor of article 16 of the Convention. The reservation to this last-mentioned article shall be without prejudice to the provisions of the Islamic Shariah according women rights equivalent to the rights of their spouses so as to ensure a just balance between them. Iraq also enters a reservation to article 29, paragraph 1, of this Convention with regard to the principle of international arbitration in connection with the interpretation or application of this Convention.

2. This approval in no way implies recognition of or entry into any relations with Israel.

Ireland34

Reservations:

....

Articles 16, 1 (d) and (f)

Ireland is of the view that the attainment in Ireland of the objectives of the Convention does not necessitate the extension to men of rights identical to those accorded by law to women in respect of the guardianship, adoption and custody of children born out of wedlock and reserves the right to implement the Convention subject to that understanding.

Articles 11 (1) and 13 (a)

Ireland reserves the right to regard the Anti-Discrimination (Pay) Act, 1974 and the Employment Equality Act 1977 and other measures taken in implementation of the European Economic Community standards concerning employment opportunities and pay as sufficient implementation of articles 11,1 (b), (c) and (d).

Ireland reserves the right for the time being to maintain provisions of Irish legislation in the area of social security which are more favourable to women than men.

Israel

Reservations:

"1. The State of Israel hereby expresses its reservation with regard to article 7 (b) of the Convention concerning the appointment of women to serve as judges of religious courts where this is prohibited by the laws of any of the religious communities in Israel. Otherwise, the said article is fully implemented in Israel, in view of the fact that women take a prominent part in all aspect of public life.

"2. The State of Israel hereby expresses its reservation with regard to article 16 of the Convention, to the extent that the laws on personal status which are binding on the various religious communities in Israel do not conform with the provisions of that article."

Declaration:

"3. In accordance with paragraph 2 of article 29 of the Convention, the State of Israel hereby declares that it does not consider itself bound by paragraph 1 of that article."

Italy

Upon signature:

Reservation:

Italy reserves the right to exercise, when depositing the instrument of ratification, the option provided for in article 19 of the Vienna Convention on the Law of Treaties of 23 May 1969.

Jamaica35

The Government of Jamaica declares that it does not consider itself bound by the provisions of article 29, paragraph 1, of the Convention."

Jordan

Declaration made upon signature and confirmed upon ratification:

Jordan does not consider itself bound by the following provisions:

1. Article 9, paragraph 2;

2. Article 15, paragraph 4 (a wife's residence is with her husband);

3. Article 16, paragraph (1) (c), relating to the rights arising upon the dissolution of marriage with regard to maintenance and compensation;

4. Article 16, paragraph (1) (d) and (g).

Kuwait36

,37

Reservations:

...

2. Article 9, paragraph 2

The Government of Kuwait reserves its right not to implement the provision contained in article 9, paragraph 2, of the Convention, inasmuch as it runs counter to the Kuwaiti Nationality Act, which stipulates that a child's nationality shall be determined by that of his father.

3. Article 16 (f)

The Government of the State of Kuwait declares that it does not consider itself bound by the provision contained in article 16 (f) inasmuch as it conflicts with the provisions of the Islamic Shariah , Islam being the official religion of the State.

4. The Government of Kuwait declares that it is not bound by the provision contained in article 29, paragraph 1.

Lebanon38

Reservations:

The Government of the Lebanese Republic enters reservations regarding article 9 (2), and article 16 (1) (c) (d) (f) and (g) (regarding the right to choose a family name).

In accordance with paragraph 2 of article 29, the Government of the Lebanese Republic declares that it does not consider itself bound by the provisions of paragraph 1 of that article.

Lesotho37

,39

Reservation:

"The Government of the Kingdom of Lesotho declares that it does not consider itself bound by article 2 to the extent that it conflicts with Lesotho's constitutional stipulations relative to succession to the throne of the Kingdom of Lesotho and law relating to succession to chieftainship."

Libyan Arab Jamahiriya40

Reservation:

1. Article 2 of the Convention shall be implemented with due regard for the peremptory norms of the Islamic Shariah relating to determination of the inheritance portions of the estate of a deceased person, whether female or male.

2. The implementation of paragraph 16 (c) and (d) of the Convention shall be without prejudice to any of the rights guaranteed to women by the Islamic Shariah.

Liechtenstein41

Reservation concerning article 1:

"In the light of the definition given in article 1 of the Convention, the Principality of Liechtenstein reserves the right to apply, with respect to all the obligations of the Convention, article 3 of the Liechtenstein Constitution."

Luxembourg

Reservations:

(a) The application of article 7 shall not affect the validity of the article of our Constitution concerning the hereditary transmission of the crown of the Grand Duchy of Luxembourg in accordance with the family compact of the house of Nassau of 30 June 1783, maintained by article 71 of the Treaty of Vienna of 9 June 1815 and expressly maintained by article 1 of the Treaty of London of 11 May 1867.

(b) The application of paragraph 1 (g) of article 16 of the Convention shall not affect the right to choose the family name of children.

Malawi42

Malaysia37

,43,44

Reservations:

The original reservations read as follows:

The Government of Malaysia declares that Malaysia's accession is subject to the understanding that the provisions of the Convention do not conflict with the provisions of the Islamic Sharia' law and the Federal Constitution of Malaysia. With regards thereto, further, the Government of Malaysia does not consider itself bound by the provisions of articles 2 (f), 5 (a), 7 (b), 9 and 16 of the aforesaid Convention.

In relation to article 11, Malaysia interprets the provisions of this article as a reference to the prohibition of discrimination on the basis of equality between men and women only.

On 6 February 1998, the Governnment of Malaysia notified the Secretary-General of a partial withdrawal as follows:

"The Government of Malaysia withdraws its reservation in respect of article 2(f), 9(1), 16(b), 16(d), 16(e) and 16(h).

Maldives37

,45

23 June 1999

Reservations:

"1. The Government of the Republic of Maldives expresses its reservation to article 7 (a) of the Convention, to the extent that the provision contained in the said paragraph conflicts with the provision of article 34 of the Constitution of the Republic of Maldives.

2. The Government of the Republic of Maldives reserves its right to apply article 16 of the Convention concerning the equality of men and women in all matters relating to marriage and family relations without prejudice to the provisions of the Islamic Sharia, which govern all marital and family relations of the 100 percent Muslim population of the Maldives."

Malta

Reservations:

"A. Article 11

The Government of Malta interprets paragraph 1 of article II, in the light of provisions of paragraph 2 of article 4, as not precluding prohibitions, restrictions, or conditions on the employment of women in certain areas, or the work done by them, where this is considered necessary or desirable to protect the health and safety of women or the human foetus, including such prohibitions, restrictions or conditions imposed in consequence of other international obligations of Malta.

"B. Article 13

(i) The Government of Malta reserves the right, notwithstanding anything in the Convention, to continue to apply its tax legislation which deems, in certain circumstances, the income of a married woman to be the income of her husband and taxable as such.

(ii) The Government of Malta reserves the right to continue to apply its social security legislation which in certain circumstances makes certain benefits payable to the head of the household which is, by such legislation, presumed to be the husband.

"C. Articles 13, 15, 16

While the Government of Malta is committed to remove, in as far as possible, all aspects of family and property law which may be considered as discriminatory to females, it reserves the right to continue to apply present legislation in that regard until such time as the law is reformed and during such transitory period until those laws are completely superseded.

"D. Article 16

The Government of Malta does not consider itself bound by sub-paragraph (e) of paragraph (1) of article 16 in so far as the same may be interpreted as imposing an obligation on Malta to legalize abortion."

Mauritania46

Reservation:

Having seen and examined the United Nations Convention on the Elimination of All Forms of Discrimination against Women, adopted by the United Nations General Assembly on 18 December 1979, have approved and do approve it in each and every one of its parts which are not contrary to Islamic Sharia and are in accordance with our Constitution.

Mauritius47

Reservation:

"The Government of Mauritius does not consider itself bound by paragraph 1 of article 29 of the Convention, in pursuance of paragraph 2 of article 29."

Mexico

Upon signature:

Declaration:

In signing ad referendum the Convention on the Elimination of All Forms of Discrimination Against Women, which the General Assembly opened for signature by States on 18 December 1979, the Government of the United Mexican States wishes to place on record that it is doing so on the understanding that the provisions of the said Convention, which agree in all essentials with the provisions of Mexican legislation, will be applied in Mexico in accordance with the modalities and procedures prescribed by Mexican legislation and that the granting of material benefits in pursuance of the Convention will be as generous as the resources available to the Mexican State permit.

Micronesia (Federated States of)48

Reservations:

"1. The Government of the Federated States of Micronesia advises that it is not at present in a position to take the measures either required by Article 11 (1) (d) of the Convention to enact comparable worth legislation, or by Article 11 (2) (b) to enact maternity leave with pay or with comparable social benefits throughout the nation;

2. The Government of the Federated States of Micronesia, in its capacity as trustee of the heritage of diversity within its States under Article V of its Constitution, reserves the right not to apply the provisions of Articles 2 (f), 5, and 16 to the succession of certain well-established traditional titles, and to marital customs that divide tasks or decision-making in purely voluntary or consensual private conduct; and

3. The Government of the Federated States of Micronesia does not consider itself bound by the provisions of Article 29 (1) of the Convention, and takes the position that any dispute relating to the interpretation or application of the Convention may only be submitted to arbitration or to the International Court of Justice with the agreement of all parties to the dispute."

Monaco

Declarations:

1. The implementation of the Convention on the Elimination of All Forms of Discrimination Against Women does not affect the validity of conventions concluded with France.

2. The Principality of Monaco deems that the aims of the Convention are to eliminate all forms of discrimination against women and to guarantee every individual, irrespective of gender, equality before the law, when the aforementioned aims are in line with the principles stipulated in the Constitution. 3. The Principality of Monaco declares that no provision in the Convention can be interpreted as impeding the provisions of the laws and regulations of Monaco that are more favourable to women than to men.

Reservations:

1. The ratification of the Convention by the Principality of Monaco shall have no effect on the constitutional provisions governing the succession to the throne.

2. The Principality of Monaco reserves the right not to apply the provisions of Article 7, paragraph b, of the Convention regarding recruitment to the police force.

3. The Principality of Monaco does not consider itself bound by the provisions of Article 9 which are not compatible with its nationality laws.

4. The Principality of Monaco does not consider itself bound by Article 16, paragraph 1 (g), regarding the right to choose one's surname.

5. The Principality of Monaco does not consider itself bound by Article 16, paragraph 1 (e), to the extent that the latter can be interpreted as forcing the legalization of abortion or sterilization.

6. The Principality of Monaco reserves the right to continue to apply its social security laws which, in certain circumstances, envisage the payment of certain benefits to the head of the household who, according to this legislation, is presumed to be the husband.

7. The Principality of Monaco declares, in conformity with the provisions of Article 29, paragraph 2, that it does not consider itself bound by the provisions of the first paragraph of this article.

Mongolia49

Morocco

Declarations:

1. With regard to article 2:

The Government of the Kingdom of Morocco express its readiness to apply the provisions of this article provided that:

- They are without prejudice to the constitutional requirement that regulate the rules of succession to the throne of the Kingdom of Morocco;

- They do not conflict with the provisions of the Islamic Shariah. It should be noted that certain of the provisions contained in the Moroccan Code of Personal Status according women rights that differ from the rights conferred on men may not be infringed upon or abrogated because they derive primarily from the Islamic Shariah, which strives, among its other objectives, to strike a balance between the spouses in order to preserve the coherence of family life.

2. With regard to article 15, paragraph 4:

The Government of the Kingdom of Morocco declares that it can only be bound by the provisions of this paragraph, in particular those relating to the right of women to choose their residence and domicile, to the extent that they are not incompatible with articles 34 and 36 of the Moroccan Code of Personal Status.

Reservation:

1. With regard to article 9, paragraph 2:

The Government of the Kingdom of Morocco makes a reservation with regard to this article in view of the fact that the Law of Moroccan Nationality permits a child to bear the nationality of its mother only in the cases where it is born to an unknown father, regardless of place of birth, or to a stateless father, when born in Morocco, and it does so in order to guarantee to each child its right to a nationality. Further, a child born in Morocco of a Moroccan mother and a foreign father may acquire the nationality of its mother by declaring, within two years of reaching the age of majority, its desire to acquire that nationality, provided that, on making such declaration, its customary and regular residence is in Morocco.

1. With regard to article 16:

The Government of the Kingdom of Morocco makes a reservation with regard to the provisions of this article, particularly those relating to the equality of men and women, in respect of rights and responsibilities on entry into and at dissolution of marriage. Equality of this kind is considered incompatible with the Islamic Shariah, which guarantees to each of the spouses rights and responsibilities within a framework of equilibrium and complementary in order to preserve the sacred bond of matrimony.

The provisions of the Islamic Shariah oblige the husband to provide a nuptial gift upon marriage and to support his family, while the wife is not required by law to support the family.

Further, at dissolution of marriage, the husband is obliged to pay maintenance. In contrast, the wife enjoys complete freedom of disposition of her property during the marriage and upon its dissolution without supervision by the husband, the husband having no jurisdiction over his wife's property.

For these reasons, the Islamic Shariah confers the right of divorce on a woman only by decision of a Shariah judge.

1. With regard to article 29:

The Government of the Kingdom of Morocco does not consider itself bound by the first paragraph of this article, which provides that `Any dispute between two or more States Parties concerning the interpretation or application of the present Convention which is not settled by negotiation shall, at the request of one of them, be submitted to arbitration.

The Government of the Kingdom of Morocco is of the view that any dispute of this kind can only be referred to arbitration by agreement of all the parties to the dispute.

Myanmar

Reservation:

Article 29

"[The Government of Myanmar] does not consider itself bound by the provision set forth in the said article."

Netherlands

Declaration:

"During the preparatory stages of the present Convention and in the course of debates on it in the General Assembly the position of the Government of the Kingdom of the Netherlands was that it was not desirable to introduce political considerations such as those contained in paragraphs 10 and 11 of the preamble in a legal instrument of this nature. Moreover, the considerations are not directly related to the achievement of total equality between men and women. The Government of the Kingdom of the Netherlands considers that it must recall its objections to the said paragraphs in the preamble at this occasion."

New Zealand50

,51,52

Reservation:

...

"The Government of the Cook Islands reserves the right not to apply article 2 (f) and article 5 (a) to the extent that the customs governing the inheritance of certain Cook Islands chief titles may be inconsistent with those provisions."

Niger53

Reservations:

Article 2, paragraphs (d) and (f)

The Government of the Republic of the Niger expresses reservations with regard to article 2, paragraphs (d) and (f), concerning the taking of all appropriate measures to abolish all customs and practices which constitute discrimination against women, particularly in respect of succession.

Article 5, paragraph (a)

The Government of the Republic of the Niger expresses reservations with regard to the modification of social and cultural patterns of conduct of men and women.

Article 15, paragraph 4

The Government of the Republic of the Niger declares that it can be bound by the provisions of this paragraph, particularly those concerning the right of women to choose their residence and domicile, only to the extent that these provisions refer only to unmarried women.

Article 16, paragraph 1 (c), (e) and (g)

The Government of the Republic of the Niger expresses reservations concerning the above-referenced provisions of article 16, particularly those concerning the same rights and responsibilities during marriage and at its dissolution, the same rights to decide freely and responsibly on the number and spacing of their children, and the right to choose a family name.

The Government of the Republic of the Niger declares that the provisions of article 2, paragraphs (d) and (f), article 5, paragraphs (a) and (b), article 15, paragraph 4, and article 16, paragraph 1 (c), (e) and (g), concerning family relations, cannot be applied immediately, as they are contrary to existing customs and practices which, by their nature, can be modified only with the passage of time and the evolution of society and cannot, therefore, be abolished by an act of authority.

Article 29

The Government of the Republic of the Niger expresses a reservation concerning article 29, paragraph 1, which provides that any dispute between two or more States concerning the interpretation or application of the present Convention which is not settled by negotiation shall, at the request of one of them, be submitted to arbitration.

In the view of the Government of the Niger, a dispute of this nature can be submitted to arbitration only with the consent of all the parties to the dispute.

Declaration

The Government of the Republic of the Niger declares that the term "family education" which appears in article 5, paragraph (b), of the Convention should be interpreted as referring to public education concerning the family, and that in any event, article 5 would be applied in compliance with article 17 of the International Covenant on Civil and Political Rights.

Oman

Reservations:

1. All provisions of the Convention not in accordance with the provisions of the Islamic sharia and legislation in force in the Sultanate of Oman;

2. Article 9, paragraph 2, which provides that States Parties shall grant women equal rights with men with respect to the nationality of their children;

3. Article 15, paragraph 4, which provides that States Parties shall accord to men and women the same rights with regard to the law relating to the movement of persons and the freedom to choose their residence and domicile;

4. Article 16, regarding the equality of men and women, and in particular subparagraphs (a), (c), and (f) (regarding adoption).

5. The Sultanate is not bound by article 29, paragraph 1, regarding arbitration and the referral to the International Court of Justice of any dispute between two or more States which is not settled by negotiation.

Pakistan37

,54,55

Declaration:

"The accession by [the] Government of the Islamic Republic of Pakistan to the [said Convention] is subject to the provisions of the Constitution of the Islamic Republic of Pakistan."

Reservation:

"The Government of the Islamic Republic of Pakistan declares that it does not consider itself bound by paragraph 1 of article 29 of the Convention."

Poland56

Republic of Korea57

Upon signature:

Reservation:

"1. The Government of the Republic of Korea does not consider itself bound by the provisions of article 9 of the Convention on the Elimination of All Forms of Discrimination against Women of 1979.

"2. Bearing in mind the fundamental principles as embodied in the said Convention, the Government of the Republic of Korea has recently established the Korea Women's welfare and social activities. A committee under the chairmanship of the prime minister will shortly be set up to consider and coordinate overall policies on women.

"3. The Government of the Republic of Korea will make continued efforts to take further measures in line with the provisions stipulated in the Convention."

Upon ratification:

Reservation :

"The Government of the Republic of Korea, having examined the said Convention, hereby ratifies the Convention considering itself not bound by the provisions of [...] sub-paragraph [...] (g) of paragraph 1 of Article 16 of the Convention."

Romania58

Russian Federation21

Saudi Arabia

Reservations:

"1. In case of contradiction between any term of the Convention and the norms of islamic law, the Kingdom is not under obligation to observe the contradictory terms of the Convention.

2. The Kingdom does not consider itself bound by paragraphe 2 of article 9 of the Convention and paragraph 1 of article 29 of the Convention."

Singapore37

,54,59

Reservations:

(1) In the context of Singapore's multi-racial and multi-religious society and the need to respect the freedom of minorities to practise their religious and personal laws, the Republic of Singapore reserves the right not to apply the provisions of articles 2 and 16 where compliance with these provisions would be contrary to their religious or personal laws.

(2) [...]

(3) Singapore interprets article 11, paragraph 1 in the light of the provisions of article 4, paragraph 2 as not precluding prohibitions, restrictions or conditions on the employment of women in certain areas, or on work done by them where this is considered necessary or desirable to protect the health and safety of women or the human foetus, including such prohibitions, restrictions or conditions imposed in consequence of other international obligations of Singapore and considers that legislation in respect of article 11 is unnecessary for the minority of women who do not fall within the ambit of Singapore's employmentlegislation.

(4) The Republic of Singapore declares, in pursuance of article 29, paragraph 2 of the Convention that it will not be bound by the provisions of article 29, paragraph 1.

Slovakia6

Spain

Declaration:

The ratification of the Convention by Spain shall not affect the constitutional provisions concerning succession to the Spanish crown.

Syrian Arab Republic

Reservation:

..... subject to reservations to article 2; article 9, paragraph 2, concerning the grant of a woman's nationality to her children; article 15, paragraph 4, concerning freedom of movement and of residence and domicile; article 16, paragraph 1 (c), (d), (f) and (g), concerning equal rights and responsibilities during marriage and at its dissolution with regard to guardianship, the right to choose a family name, maintenance and adoption; article 16, paragraph 2, concerning the legal effect of the betrothal and the marriage of a child, inasmuch as this provision is incompatible with the provisions of the Islamic Shariah; and article 29, paragraph 1, concerning arbitration between States in the event of a dispute.

The accession of the Syrian Arab Republic to this Convention shall in no way signify recognition of Israel or entail entry into any dealings with Israel in the context of the provisions of the Convention..

Switzerland60

.....

(b) Reservation concerning article 16, paragraph 1 (g):

Said provision shall be applied subject to the regulations on family name (Civil Code, article 160 and article 8 (a), final section);

(c) Reservation concerning article 15, paragraph 2, and article 16, paragraph 1 (h):

Said provisions shall be applied subject to several interim provisions of the matrimonial regime (Civil Code, articles 9 (e) and 10, final section).

Thailand61

Declaration:

The Royal Thai Government wishes to express its understanding that the purposes of the Convention are to eliminate discrimination against women and to accord to every person, men and women alike, equality before the law, and are in accordance with the principles prescribed by the Constitution of the Kingdom of Thailand.

Reservations:

.....

3. The Royal Thai Government does not consider itself bound by the provisions of [...] article 16 and article 29, paragraph 1, of the Convention.

Trinidad and Tobago

Reservation made upon signature and confirmed upon ratifica- tion:

"The Republic of Trinidad and Tobago declares that it does not consider itself bound by article 29 (1) of the said Convention, relating to the settlement of disputes."

Tunisia

1. General declaration:

The Tunisian Government declares that it shall not take any organizational or legislative decision in conformity with the requirements of this Convention where such a decision would conflict with the provisions of chapter I of the Tunisian Constitution.

2. Reservation concerning article 9, paragraph 2:

The Tunisian Government expresses its reservation with regard to the provisions in article 9, paragraph 2 of the Convention, which must not conflict with the provisions of chapter VI of the Tunisian Nationality Code.

3. Reservation concerning article 16, paragraphs (c), (d), (f), (g) and (h):

The Tunisian Government considers itself not bound by article 16, paragraphs (c), (d) and (f) of the Convention and declares that paragraphs (g) and (h) of that article must not conflict with the provisions of the Personal Status Code concerning the granting of family names to children and the acquisition of property through inheritance.

4. Reservation concerning article 29, paragraph 1:

The Tunisian Government declares, in conformity with the requirements of article 29, paragraph 2 of the Convention, that it shall not be bound by the provisions of paragraph 1 of that article which specify that any dispute between two or more States Parties concerning the interpretation or application of the present Convention which is not settled by negotiation shall be referred to the International Court of Justice at the request of any one of those parties.

The Tunisian Government considers that such disputes should be submitted for arbitration or consideration by the International Court of Justice only with the consent of all parties to the dispute.

5. Declaration concerning article 15, paragraph 4:

In accordance with the provisions of the Vienna Convention on the Law of Treaties, dated 23 May 1969, the Tunisian Government emphasizes that the requirements of article 15, paragraph 4, of the Convention on the Elimination of All forms of Discrimination against Women, and particularly that part relating to the right of women to choose their residence and domicile, must not be interpreted in a manner which conflicts with the provisions of the Personal Status Code on this subject, as set forth in chapters 23 and 61 of the Code.

Turkey

The original reservation and declaration read as follows:

Reservations:

"Reservations of the Government of the Republic of Turkey with regard to the articles of the Convention dealing with family relations which are not completely compatible with the provisions of the Turkish Civil Code, in particular, article 15, paragraphs 2 and 4, and article 16, paragraphs 1 (c), (d), (f) and (g), as well as with respect to article 29, paragraph 1. In pursuance of article 29, paragraph 2 of the Convention, the Government of the Republic of Turkey declares that it does not consider itself bound by paragraph 1 of this article."

Declaration:

"Article 9, paragraph 1 of the Convention is not in conflict with the provisions of article 5, paragraph 1, and article 15 and 17 of the Turkish Law on Nationality, relating to the acquisition of citizenship, since the intent of those provisions regulating acquisition of citizenship through marriage is to prevent statelessness."

20 September 1999

On 20 September 1999, the Government of Turkey notified the Secretary-General of a partial withdrawal as follows:

"[...] the Government of the Republic of Turkey has decided to withdraw its reservations made upon [accession to] the Convention on the Elimination of All Forms of Discrimination Against Women with regard to article 15, paragraphs 2 and 4, and article 16, paragraphs 1 (c), (d), (f) and (g).

[...] the reservation and declaration made upon [accession] by the Government of Turkey with respect to article 29, paragraph 1, and article 9, paragraph 1 of the Convention, respectively, continue to apply.".

Ukraine21

United Arab Emirates62

Reservations:

The United Arab Emirates makes reservations to articles 2 (f), 9, 15 (2), 16 and 29 (1) of the Convention, as follows:

Article 2 (f)

The United Arab Emirates, being of the opinion that this paragraph violates the rules of inheritance established in accordance with the precepts of the Shariah, makes a reservation thereto and does not consider itself bound by the provisions thereof.

Article 9

The United Arab Emirates, considering the acquisition of nationality an internal matter which is governed, and the conditions and controls of which are established, by national legislation makes a reservation to this article and does not consider itself bound by the provisions thereof.

Article 15 (2)

The United Arab Emirates, considering this paragraph in conflict with the precepts of the Shariah regarding legal capacity, testimony and the right to conclude contracts, makes a reservation to the said paragraph of the said article and does not consider itself bound by the provisions thereof.

Article 16

The United Arab Emirates will abide by the provisions of this article insofar as they are not in conflict with the principles of the Shariah. The United Arab Emirates considers that the payment of a dower and of support after divorce is an obligation of the husband, and the husband has the right to divorce, just as the wife has her independent financial security and her full rights to her property and is not required to pay her husband's or her own expenses out of her own property. The Shariah makes a woman's right to divorce conditional on a judicial decision, in a case in which she has been harmed.

Article 29 (1)

The United Arab Emirates appreciates and respects the functions of this article, which provides: "Any dispute between two or more States Parties concerning the interpretation or application of the present Convention which is not settled by negotiation shall, at the request of one of them, be submitted to arbitration. If within six months...the parties are unable..." [any one of those parties] "may refer the dispute to the International Court of Justice..." This article, however, violates the general principle that matters are submitted to an arbitration panel by agreement between the parties. In addition, it might provide an opening for certain States to bring other States to trial in defence of their nationals; the case might then be referred to the committee charged with discussing the State reports required by the Convention and a decision might be handed down against the State in question for violating the provisions of the Convention. For these reasons the United Arab Emirates makes a reservation to this article and does not consider itself bound by the provisions thereof.

United Kingdom of Great Britain and Northern Ireland63

,64

Upon signature:

"The Government of the United Kingdom of Great Britain and Northern Ireland declare that it is their intention to make certain reservations and declarations upon ratification of the Convention.

Upon ratification:

"A. On behalf of the United Kingdom of Great Britain and Northern Ireland:

"(a) The United Kingdom understands the main purpose of the Convention, in the light of the definition contained in Article 1, to be the reduction, in accordance with its terms, of discrimination against women, and does not therefore regard the Convention as imposing any requirement to repeal or modify any existing laws, regulations, customs or practices which provide for women to be treated more favourably than men, whether temporarily or in the longer term; the United Kingdom's undertakings under Article 4, paragraph 1, and other provisions of the Convention are to be construed accordingly.

...

"(c) In the light of the definition contained in Article 1, the United Kingdom's ratification is subject to the understanding that none of its obligations under the Convention shall be treated as extending to the succession to, or possession and enjoyment of, the Throne, the peerage, titles of honour, social precedence or armorial bearings, or as extending to the affairs of religious denominations or orders or any act done for the purpose of ensuring the combat effectiveness of the Armed Forces of the Crown.

"(d) [...]

...

"Article 9

The British Nationality Act 1981, which was brought into force with effect from January 1983, is based on principles which do not allow of any discrimination against women within the meaning of Article 1 as regards acquisition, change or retention of their nationality or as regards the nationality of their children. The United Kingdom's acceptance of Article 9 shall not, how ever, be taken to invalidate the continuation of certain temporary or transitional provisions which will continue in force beyond that date.

...

"Article 11

...

"The United Kingdom reserves the right to apply all United Kingdom legislation and the rules of pension schemes affecting retirement pensions, survivors' benefits and other benefits in relation to death or retirement (including retirement on grounds of redundancy), whether or not derived from a Social Security scheme.

"This reservation will apply equally to any future legislation which may modify or replace such legislation, or the rules of pension schemes, on the understanding that the terms of such legislation will be compatible with the United Kingdom's obligations under the Convention.

"The United Kingdom reserves the right to apply the following provisions of United Kingdom legislation concerning the benefits specified:

...

b) increases of benefits for adult dependants under sections 44 to 47, 49 and 66 of the Social Security Act 1975 and under sections 44 to 47, 49 and 66 of the Social Security (Northern Ireland) Act 1975;

...

The United Kingdom reserves the right to apply any non-discriminatory requirement for a qualifying period of employment or insurance for the application of the provisions contained in Article 11 (2).

"Article 15

...

"In relation to Article 15, paragraph 3, the United Kingdom understands the intention of this provision to be that only those terms or elements of a contract or other private instrument which are discriminatory in the sense described are to be deemed null and void, but not necessarily the contract or instrument as a whole.

"Article 16

As regards sub-paragraph 1 (f) of Article 16, the United Kingdom does not regard the reference to the paramountcy of the interests of the children as being directly relevant to the elimination of discrimination against women, and declares in this connection that the legislation of the United Kingdom regulating adoption, while giving a principal position to the promotion of the children's welfare, does not give to the child's interests the same paramount place as in issues concerning custody over children.

...

"B. On behalf of the Isle of Man, the British Virgin Islands, the Falkland Islands, South Georgia and the South Sandwich Islands, and the Turks and Caicos Islands:

[Same reservations as the one made on behalf of the United Kingdom under paragraphs A (a), (c), and (d) except that in the of case d) it applies to the territories and their laws).]

Article 1

[Same reservation as the one made in respect of the United Kingdom except with regard to the absence of a reference to United Kingdom legislation.]

Article 2

[Same reservation as the one made in respect of the United Kingdom except that reference is made to the laws of the territories, and not the laws of the United Kingdom.]

Article 9

[Same reservation as the one made in respect of the United Kingdom.]

Article 11

[Same reservation as those made in respect of the United Kingdom except that a reference is made to the laws of the territories, and not to the laws of the United Kingdom.]

"Also, as far as the territories are concerned, the specific benefits listed and which may be applied under the provisions of these territories' legislation are as follows:

a) social security benefits for persons engaged in caring for a severely disabled person;

b) increases of benefit for adult dependants;

c) retirement pensions and survivors' benefits;

d) family income supplements.

"This reservation will apply equally to any future legislation which may modify or replace any of the provisions specified in sub-paragraphs (a) to (d) above, on the understanding that the terms of such legislation will be compatible with the United Kingdom's obligations under the Convention.

"The United Kingdom reserves the right to apply any non-discriminatory requirement for a qualifying period of employment or insurance for the application of the provisions contained in Article 11 (2)."

Article 13, 15 and 16

[Same reservations as those made on behalf the United Kingdom.]

Venezuela (Bolivarian Republic of)

Reservation made upon ratification confirming in substance the reservation made upon signature:

Venezuela makes a formal reservation with regard to article 29, paragraph 1, of the Convention, since it does not accept arbitration or the jurisdiction of the International Court of Justice for the settlement of disputes concerning the interpretation or application of this Convention.

Viet Nam

Reservation:

In implementing this Convention, the Socialist Republic of Viet Nam will not be bound by the provisions of paragraph 1 article 29.

Yemen16

The Government of the People's Democratic Republic of Yemen declares that it does not consider itself bound by article 29, paragraph 1, of the said Convention, relating to the settlement of disputes which may arise concerning the application or interpretation of the Convention.

Objections

(Unless otherwise indicated, the objections were made

upon ratification, accession or succession.)

Austria

26 October 1994

With regard to the reservations made by Maldives upon accession:

"The reservation made by the Maldives is incompatible with the object and purpose of the Convention and is therefore inadmissible under article 19 (c) of the Vienna Convention on the Law of Treaties and shall not be permitted, in accordance with article 28 (2) of the Convention on the Elimination of All Forms of Discrimination Against Women. Austria therefore states that this reservation cannot alter or modify in any respect the obligations arising from the Convention for any State Party thereto."

5 June 1997

With regard to the declaration made by Pakistan upon accession:

"Austria is of the view that a reservation by which a State limits its responsibilities under the Convention in a general and unspecified manner by invoking internal law creates doubts as to the commitment of the Islamic Republic of Pakistan with its obligations under the Convention, essential for the fulfillment of its object and purpose.

It is in the common interests of States that treaties to which they have chosen to become Parties are respected, as to their object and purpose, by all Parties and that States are prepared to undertake any legislative changes necessary to comply with their obligations under the treaties.

Austria is further of the view that a general reservation of the kind made by the Government of the Islamic Republic of Pakistan, which does not clearly specify the provisions of the Convention to which it applies and the extent of the derogation therefrom, contributes to undermining the basis of international treaty law.

Given the general character of this reservation a final assessment as to its admissibility under international law cannot be made without further clarification.

According to international law a reservation is inadmissible to the extent as its application negatively affects the compliance by a State with its obligations under the Convention essential for the fulfillment of its object and purpose.

Therefore, Austria cannot consider the reservation made by the Government of the Islamic Republic of Pakistan as admissible unless the Government of the Islamic Republic of Pakistan, by providing additional information or through subsequent practice, ensures that the reservation is compatible with the provisions essential for the implementation of the object and purpose of the Convention.

This view by Austria would not preclude the entry into force in its entirety of the Convention between Pakistan and Austria."

20 February 1998

With regard to reservations made by Lebanon upon accession:

[Same objection, mutatis mutandis, as the one made for Pakistan.]

21 August 2001

With regard to reservations made by Saudi Arabia upon ratification:

"Austria has examined the reservations to the Convention on the Elimination of All Forms of Discrimination against Women made by the Government of the Kingdom of Saudi Arabia in its note to the Secretary-General of 7 September 2000.

The fact that the reservation concerning any interpretation of the provisions of the Convention that is incompatible with the norms of Islamic law does not clearly specify the provisions of the Convention to which it applies and the extent of the derogation therefrom raises doubts as to the commitment of the Kingdom of Saudi Arabia to the Convention.

Given the general character of this reservation a final assessment as to its admissibility under international law cannot be made without further clarification. Until the scope of the legal effects of this reservation is sufficiently specified by the Government of Saudi Arabia, Austria considers the reservation as not affecting any provision the implementation of which is essential to fulfilling the object and purpose of the Convention. In Austria's view, however, the reservation in question is inadmissible to the extent that its application negatively affects the compliance by Saudi Arabia with its obligations under the Convention essential for the fulfilment of its object and purpose. Austria does not consider the reservation made by the Government of Saudi Arabia as admissible unless the Government of Saudi Arabia, by providing additional information or through subsequent practice, ensures that the reservation is compatible with the provisions essential for the implementation of the object and purpose of the Convention.

As to the reservation to Paragraph 2 of Article 9 of the Convention Austria is of the view that the exclusion of such an important provision of non-discrimination is not compatible with object and purpose of the Convention. Austria therefore objects to this reservation.

This position, however, does not preclude the entry into force in its entirety of the Convention between Saudi Arabia and Austria."

With regard to reservations made by the Democcratic Republic of Korea upon accession:

"Austria has examined the reservations to the Convention on the Elimination of All Forms of Discrimination against Women made by the Government of the Democratic People's Republic of Korea in its note to the Secretary General of 27 February 2001.

Taking into consideration that according to Paragraph 2 of Article 28 of the Convention, reservations which are incompatible with the objective and purpose of the Convention are not acceptable, Austria objects to the reservations in respect of Paragraph f of Article 2 and Paragraph 2 of Article 9.

Both Paragraphs refer to basic aspects of the Convention, that are legislation to abolish existing discrimination against women and a specific form of discrimination, such as the nationality of children.

This position, however, does not preclude the entry into force in its entirety of the Convention between the Democratic People's Republic of Korea and Austria."

13 February 2002

With regard to the reservation made by Mauritania upon accession:

"The Government of Austria has examined the reservation to the Convention on the Elimination of all Forms of Discrimination against Women made by the Government of the Islamic Republic of Mauritania in its note to the Secretary-General of 5 June 2001.

The Government of Austria considers that, in the absence of further clarification, this reservation raises doubts as to the degree of commitment assumed by Mauritania in becoming a party to the Convention since it refers to the contents of Islamic Sharia and to existing national legislation in Mauritania. The Government of Austria would like to recall that, according to art. 28 (2) of the Convention as well as customary international law as codified in the Vienna Convention on the Law of Treaties, a reservation incompatible with the object and purpose of a treaty shall not be permitted.

It is in the common interest of States that treaties to which they have chosen to become parties are respected as to their object and purpose, by all parties, and that States are prepared to undertake any legislative changes necessary to comply with their obligations under the treaties.

For these reasons, the Government of Austria objects to this reservation made by the Government of Mauritania.

This position, however, does not preclude the entry into force in its entirety of the Convention between Mauritania and Austria."

31 March 2003

With regard to the reservation made by Bahrain upon accession:

"The Government of Austria has examined the reservation to the Convention on the Elimination of all forms of Discrimination against Women made by the Government of the Kingdom of Bahrain in its note to the Secretary-General of 18 June 2002, regarding articles 2, 9(2), 15(4) and 16.

The reservation to articles 9(2) and 15(4), if put into practice, would inevitably result in discrimination against women on the basis of sex. This is contrary to the object and purpose of the Convention.

The Government of Austria further considers that, in the absence of further clarification, the reservation to articles 2 and 16 which does not clearly specify the extent of Bahrain's derogation from the provisions in question raises doubts as to the degree of commitment assumed by Bahrain in becoming a party to the Convention since it refers to the contents of Islamic Sharia.

The Government of Austria would like to recall that, according to art. 28(2) of the Convention as well as customary international law as codified in the Vienna Convention on the Law of Treaties, a reservation incompatible with the object and purpose of a treaty shall not be permitted.

It is in the common interest of States that treaties to which they have chosen to become parties are respected as to their object and purpose, by all parties, and that States are prepared to undertake any legislative changes necessary to comply with their obligations under the treaties.

For these reasons, the Government of Austria objects to this reservation made by the Government of Bahrain.

This position, however, does not preclude the entry into force in its entirety of the Convention between Bahrain and Austria."

14 August 2003

With regard to the reservations made by the Syrian Arab Republic upon accession:

"The Government of Austria has examined the reservation made by the Government of the Syrian Arab Republic upon accession to the Convention on the Elimination of All Forms of Discrimination against Women regarding article 2, article 9, paragraph 2, article 15, paragraph 4, article 16, paragraphs 1 (c), (d), (f) and (g) and article 16, paragraph 2.

The Government of Austria finds that the reservations to article 2, article 9, paragraph 2, article 15, paragraph 4, article 16, paragraphs 1 (c), (d), (f) and (g), if put into practice, would inevitably result in discrimination against women on the basis of sex. This is contrary to the object and purpose of the Convention.

The Government of Austria further considers that, in the absence of further clarification, the reservation to article 16, paragraph 2, which refers to the contents of Islamic Sharia, does not clearly specify the extent of the reservation and therefore raises doubts as to the degree of commitment assumed by the Syrian Arab Republic in becoming a party to the Convention.

The Government of Austria would like to recall that, according to article 28 (2) of the Convention as well as customary international law as codified in the Vienna Convention on the Law of Treaties, a reservation incompatible with the object and purpose of a treaty shall not be permitted.

It is in the common interest of States that treaties to which they have chosen to become parties are respected as to their object and purpose, by all parties, and that States are prepared to undertake any legislative changes necessary to comply with their obligations under the treaties.

For these reasons, the Government of Austria objects to the aforementioned reservations made by the Syrian Arab Republic to the Convention on the Elimination of All Forms of Discrimination against Women.

This position, however, does not preclude the entry into force in its entirety of the Convention between the Syrian Arab Republic and Austria."

5 October 2005

With regard to the reservations made by the United Arab Emirates upon accession:

"The Government of Austria has examined the reservation made by the Government of the United Arab Emirates upon accession to the Convention on the Elimination of All Forms of Discrimination against Women regarding articles 2 (f), 9, 15 (2), 16 and 29 (1).

The Government of Austria finds that the reservations to article 2 (f), article 9, article 15 (2) and article 16, if put into practice, would inevitably result in discrimination against women on the basis of sex. This is contrary to the object and purpose of the Convention.

The Government of Austria would like to recall that, according to article 28 (2) of the Convention as well as customary international law as codified in the Vienna Convention on the Law of Treaties, a reservation incompatible with the object and purpose of a treaty shall not be permitted.

It is in the common inter