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| Entry into force: | 3 September 1981 by exchange of letters, in accordance with article 27 (1). |
| Registration: | 3 September 1981, No. 20378. |
| Status: | Signatories: 97 ,Parties: 165. |
| 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.
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| Participant | Signature | Ratification, Accession (a), Succession (d) |
| Afghanistan | 14 Aug 1980 | |
| 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 | |
| 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 Herzegovina | 1 Sep 1993 d | |
| Botswana | 13 Aug 1996 a | |
| Brazil | 31 Mar 1981 | 1 Feb 1984 |
| Bulgaria | 17 Jul 1980 | 8 Feb 1982 |
| Burkina Faso | 14 Oct 1987 a | |
| Burundi | 17 Jul 1980 | 8 Jan 1992 |
| Cambodia2,3 | 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 |
| China4 | 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 |
| Costa Rica | 17 Jul 1980 | 4 Apr 1986 |
| Côte d'Ivoire | 17 Jul 1980 | 18 Dec 1995 |
| Croatia | 9 Sep 1992 d | |
| Cuba | 6 Mar 1980 | 17 Jul 1980 |
| Cyprus | 23 Jul 1985 a | |
| Czech Republic5 | 22 Feb 1993 d | |
| 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 | |
| Germany6,7 | 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 |
| Guinea8 | 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 | |
| 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 | |
| Mauritius | 9 Jul 1984 a | |
| Mexico | 17 Jul 1980 | 23 Mar 1981 |
| Mongolia | 17 Jul 1980 | 20 Jul 1981 |
| 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 |
| Netherlands9 | 17 Jul 1980 | 23 Jul 1991 |
| New Zealand10 | 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 |
| 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 |
| Portugal44 | 24 Apr 1980 | 30 Jul 1980 |
| Republic of Korea | 25 May 1983 | 27 Dec 1984 |
| Republic of Moldova | 1 Jul 1994 a | |
| 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 | |
| Sao Tome and Principe | 31 Oct 1995 | |
| Senegal | 29 Jul 1980 | 5 Feb 1985 |
| Seychelles | 5 May 1992 a | |
| Sierra Leone | 21 Sep 1988 | 11 Nov 1988 |
| Singapore | 5 Oct 1995 a | |
| Slovakia5 | 28 May 1993 a | |
| Slovenia | 6 Jul 1992 d | |
| 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 | |
| Sweden | 7 Mar 1980 | 2 Jul 1980 |
| Switzerland | 23 Jan 1987 | 27 Mar 1997 |
| Tajikistan | 26 Oct 1993 a | |
| Thailand | 9 Aug 1985 a | |
| the former Yugoslav Republic of Macedonia | 18 Jan 1994 d | |
| 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 Kingdom of Great Britain and Northern Ireland4,11 | 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 | 17 Jul 1980 | 2 May 1983 |
| Viet Nam | 29 Jul 1980 | 17 Feb 1982 |
| Yemen12 | 30 May 1984 a | |
| Yugoslavia | 17 Jul 1980 | 26 Feb 1982 |
| Zambia | 17 Jul 1980 | 21 Jun 1985 |
| Zimbabwe | 13 May 1991 a |
|
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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.
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.
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.
"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 and combat-related duties. The Government of Australia is reviewing this policy so as to more closely define `combat' and `combat-related duties'."
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."
Reservation:
"Austria reserves its right to apply the provision of article 7 (b), as far as service in the armed forces is concerned, and the provision of article 11, as far as night work of women and special protection of working women is concerned, within the limits established by national legislation."
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."
"The Government of the People's Republic of Bangladesh does not consider as binding upon itself the provisions of articles 2, [.....] and 16 (1) (c) and [.....] as they conflict with Sharia law based on Holy Quran and Sunna."
Reservations:
Article 7
The application of article 7 shall not affect the validity of the provisions of the Constitution as laid down in article 60, which reserves for men the exercise of royal powers, and in article 58, which reserves for the sons of the King or, where there are none, for Belgian princes of the branch of the royal family in line to the throne, the function of ex officio senators as from the age of 18 years, with entitlement to vote as from the age of 25 years.
Article 15, paragraphs 2 and 3
The application of article 15, paragraphs 2 and 3, shall not affect the validity of the interim provisions enacted for couples married before the entry into force of the Act of 14 July 1976 concerning the reciprocal rights and duties of husbands and wives and their marriage contracts, in cases where, in accordance with the option available to them under the Act, they have declared that they are maintaining in toto their prior marriage contracts.
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."
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.
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.
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.
Reservation:
"The Government of the Republic of Cyprus wishes to enter a reservation concerning the granting to women of equal rights with men with respect to the nationality of their children, mentioned in article 9, paragraph 2 of the Convention. This reservation is to be withdrawn upon amendment of the relevant law."
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.
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.
Reservation:
Socialist Ethiopia does not consider itself bound by paragraph 1 of article 29 of the Convention.
Reservations:
"... With reservations on articles 5 (a) and 9 of the Convention."
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.
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 5 (b) and 16, 1 (d)
1) The Government of the French Republic declares that article 5 (b) and article 16, paragraph 1 (d), must not be interpreted as implying joint exercise of parental authority in situations in which French legislation allows of such exercise by only one parent.
2) The Government of the French Republic declares that article 16, paragraph 1 (d), of the Convention must not preclude the application of article 383 of the Civil Code.
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.
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.
Reservation:
Article 7 (b) will not be applied to the extent that it contradicts the second sentence of Article 12 a (4) of the Basic Law of the Federal Republic of Germany. Pursuant to this provision of the Constitution, women may on no account render service involving the use of arms.
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."
"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."
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.
Reservations:
Articles 13 (b) and (c)
The question of supplementing the guarantee of equality contained in the Irish Constitution which special legislation governing access to financial credit and other services and recreational activities, where these are provided by private persons, organisations or enterprises is under consideration. For the time being Ireland reserves the right to regard its existing law and measures in this area as appropriate for the attainment in Ireland of the objectives of the Convention.
Article 15
With regard to paragraph 3 of this article, Ireland reserves the right not to supplement the existing provisions in Irish law which accord women a legal capacity identical to that of men with further legislation governing the validity of any contract or other private instrument freely entered into by a woman.
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.
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."
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.
The Government of Jamaica declares that it does not consider itself bound by the provisions of article 29, paragraph 1, of the Convention."
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).
Reservations:
1. Article 7 (a)
The Government of Kuwait enters a reservation regarding article 7 (a), inasmuch as the provision contained in that paragraph conflicts with the Kuwaiti Electoral Act, under which the right to be eligible for election and to vote is restricted to males.
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.
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.
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. The Lesotho Government's ratification is subject to the understanding that none of its obligations under the Convention especially in article 2 (e), shall be treated as extending to the affairs of religious denominations.
Furthermore, the Lesotho Government declares it shall not take any legislative measures under the Convention where those measures would be incompatible with the Constitution of Lesotho."8
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.
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."
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.
Reservations:
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.
6 February 1998
"The Government of Malaysia withdraws its reservation in respect of article 2(f), 9(1), 16(b), 16(d), 16(e) and 16(h).
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."
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."
Reservation:
"The Government of Mauritius does not consider itself bound by sub-paragraph (b) and (d) of paragraph 1 of article 11 and sub-paragraph (g) of paragraph 1 of article 16.
"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."
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.
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.
Reservation:
Article 29
"[The Government of Myanmar] does not consider itself bound by the provision set forth in the said article."
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."
Reservations:
"The Government of New Zealand, the Government of the Cook Islands and the Government of Niue reserve the right not to apply the provisions of article 11 (2) (b).
"The Government of New Zealand, the Government of the Cook Islands and the Government of Niue reserve the right not to apply the provisions of the Convention in so far as they are inconsistent with policies relating to recruitment into or service in
(a) the Armed Forces which reflect either directly or indirectly the fact that members of such forces are required to serve on armed forces aircraft or vessels and in situations involving armed combat
or
(b) the law enforcement forces which reflect either directly or indirectly the fact that members of such forces are required to serve in situations involving violence or threat of violence.
...
"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."
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.
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."
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:
"The Government of the Republic of Korea, having examined the said Convention, hereby ratifies the Convention considering itself not bound by the provisions of [...] and sub-paragraph [...] (g) of paragraph 1 of article 16 of the Convention."
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) Singapore is geographically one of the smallest independent countries in the world and one of the most densely populated. The Republic of Singapore accordingly reserves the right to apply such laws and conditions governing the entry into, stay in, employment of and departure from its territory of those who do not have the right under the laws of Singapore to enter and remain indefinitely in Singapore and to the conferment, acquisitions and loss of citizenship of women who have acquired such citizenship by marriage and of children born outside Singapore.
(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 employment legislation.
(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.
Declaration:
The ratification of the Convention by Spain shall not affect the constitutional provisions concerning succession to the Spanish crown.
(a) Reservation concerning article 7 (b):
Said provisions shall be without prejudice to Swiss military legislation prohibiting women from performing functions involving armed conflict, except in self-defence;
(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).
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.
Reservation:
....
3. The Royal Thai Government does not consider itself bound by the provisions of [...] article 16 and article 29, paragraph 1, of the Convention.
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."
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.
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 Septembre 1999
"[...] the Government of the Republic of Turkey has decided to withdraw its reservations made upon signature and confirmed upon ratification of 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 signature and confirmed upon ratification by the Government of Turkey with respect to article 29, paragraph 1, and article 9, paragraph 1 of the Convention, respectively, continue to apply.".
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 to the admission into or service in the Armed Forces of the Crown.
"(d) The United Kingdom reserves the right to continue to apply such immigration legislation governing entry into, stay in, and departure from, the United Kingdom as it may deem necessary from time to time and, accordingly, its acceptance of Article 15 (4) and of the other provisions of the Convention is subject to the provisions of any such legislation as regards persons not at the time having the right under the law of the United Kingdom to enter and remain in the United Kingdom.
.....
"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.]
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.
Reservation:
In implementing this Convention, the Socialist Republic of Viet Nam will not be bound by the provisions of paragraph 1 article 29.
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.
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:
25 October 1994
With regard to the reservations made by Maldives upon accession:
"In the view of the Government of Canada, this reservation is incompatible with the object and purpose of the Convention (article 28, paragraph 2). The Government of Canada therefore enters its formal objection to this reservation. This objection shall not preclude the entry into force of the Convention as between Canada and the Republic of Maldives."
3 July 1990
With regard to the reservation made by the Libyan Arab Jamahiriya upon accession:
"The Government of Denmark has taken note of the reservation made by the Libyan Arab Jamahiriya when acceding [to the said Convention]. In the view of the Government of Denmark this reservation is subject to the general principle of treaty interpretation according to which a party may not invoke the provisions of its internal law as justification for failure to perform a treaty."
8 June 1990
With regard to the reservation made by the Libyan Arab Jamahiriya upon accession (see also objection made on 16 October 1996, hereinafter, with regard to the reservation made by the Libyan Arab Jamahiriya upon accession, as modified on 5 July 1995):
"The Government of Finland has examined the contents of the reservation made by the Libyan Arab Jamahiriya and considers the said reservation as being incompatible with the object and purpose of the Convention. The Government of Finland therefore enters its formal objection to this reservation.
"This objection is not an obstacle to the entry into force of the said Convention between Finland and the Libyan Arab Jamahiriya."
5 May 1994
With regard to the reservations made by Maldives upon accession:
In the view of the Government of Finland, the unlimited and undefined character of the said reservations create serious doubts about the commitment of the reserving State to fulfil its obligations under the Convention. In their extensive formulation, they are clearly contrary to the object and purpose of the Convention. Therefore, the Government of Finland objects to such reservations.
The Government of Finland also recalls that the said reservations are subject to the general principle of treaty interpretation according to which a party may not invoke the provisions of its domestic law as a justification for failure to perform its treaty obligations.
The Government of Finland does not, however, consider that this objection constitutes an obstacle to the entry into force of the Convention between Finland and Maldives."
17 January 1996
With regard to the reservations made by Kuwait upon accession:
"The Government of Finland recalls that by acceding to the Convention, a State commits itself to adopt the measures required for the elimination of discrimination, in all its forms and manifestations, against women. In particular, article 7 requires States Parties to undertake actions to eliminate discrimination against women in the political and public life of the country. This is a fundamental provision of the Convention the implementation of which is essential to fulfilling its object and purpose.
Reservations to article 7 (a) and article 9 paragraph 2 are both subject to the general principle of the observance of treaties according to which a party may not invoke the provisions of its internal law as justification for its failure to perform its treaty obligations. It is in the common interest of States that contracting parties to international treaties are prepared to undertake the necessary legislative changes in order to fulfill the object and purpose of the treaty.
Furthermore, in the view of the Government of Finland, the unlimited and undefined character of the reservation to article 16 (f) leaves open to what extent the reserving State commits itself to the Convention and therefore creates serious doubts about the commitment of the reserving State to fulfil its obligations under the Convention. Reservations of such unspecified nature may contribute to undermining the basis of international human rights treaties.
In their present formulation the reservations are clearly incompatible with the object and purpose of the Convention and therefore inadmissible under article 28 paragraph 2, of the said Convention. Therefore, the Government of Finland objects to these reservations. The Government of Finland further notes that the reservations made by the Government of Kuwait are devoid of legal effect.
The Government of Finland recommends the Government of Kuwait to reconsider its reservations to the [said] Convention."
16 October 1996
With regard to the reservation made by the Libyan Arab Jamahiriya upon accession, as modified (see objection under 8 June 1990 and note 28):
"A reservation which consists of a general reference to religious law without specifying its contents does not clearly define to the other Parties of the Convention the extent to which the reserving State commits itself to the Convention and therefore may cast doubts about the commitment of the reserving State to fulfil its obligations under the Convention. Such a reservation is also, in the view of the Government of Finland, subject to the general principle of the observance of treaties according to which a Party may not invoke the provisions of its internal law as justification for failure to perform a treaty."
With regard to the reservations made by Malaysia upon accession:
"The reservations made by Malaysia, consisting of a general reference to religious and national law without specifying the contents thereof and without stating unequivocally the provisions the legal effect of which may be excluded or modified, do not clearly define to the other Parties of the Convention the extent to which the reserving State commits itself to the Convention and therefore creates serious doubts about the commitment of the reserving State to fulfill its obligations under the Convention. Reservations of such unspecified nature may contribute to undermining the basis of international human rights treaties.
The Government of Finland also recalls that the reservations of Malaysia are subject to the general principles of observance of treaties according to which a party may not invoke the provisions of its internal law as justification for failure to perform its treaty obligations. It is in the common interest of States that Parties to international treaties are prepared to take the necessary legislative changes in order to fulfil the object and purpose of the treaty.
Furthermore, the reservations made by Malaysia, in particular to articles 2 (f) and 5 (a), are two fundamental provisions of the Convention the implementation of which is essential to fulfilling its object and purpose.
The Government of Finland considers that in their present formulation the reservations made by Malaysia are clearly incompatible with the object and purpose of the said Convention and therefore inadmissible under article 28, paragraph 2, of the said Convention. In view of the above, the Government of Finland objects to these reservations and notes that they are devoid of legal effect."
1 November 1996
With regard to the reservations made by Lesotho upon ratification:
21 November 1996
With regard to the reservations made by Singapore upon accession:
6 June 1997
With regard to the declaration made by Pakistan upon accession:
The Federal Republic of Germany considers that the reservations made by Egypt regarding article 2, article 9, paragraph 2, and article 16, by Bangladesh regarding article 2, article 13 (a) and article 16, paragraph 1 (c), and (f), by Brazil regarding article 15, paragraph 4, and article 16, paragraph 1 (a), (c), (g) and (h), by Jamaica regarding article 9, paragraph 2, by the Republic of Korea regarding article 9 and article 16, paragraph 1 (c), (d), (f) and (g), and by Mauritius regarding article 11, paragraph 1 (b) and (d), and article 16, paragraph 1 (g), are incompatible with the object and purpose of the Convention (article 28, paragraph 2) and therefore objects to them. In relation to the Federal Republic of Germany, they may not be invoked in support of a legal practice which does not pay due regard to the legal status afforded to women and children in the Federal Republic of Germany in conformity with the above-mentioned articles of the Convention. This objection shall not preclude the entry into force of the Convention as between Egypt, Bangladesh, Brazil, Jamaica, the Republic of Korea, Mauritius and the Federal Republic of Germany.
Objections of the same nature were also formulated by the Government of the Federal Republic of Germany in regard to reservations made by various states, as follows:
i) 15 October 1986: In respect of reservations formulated by the Government of Thailand concerning article 9, paragraph 2, article 10, article 11, paragraph 1 (b), article 15, paragraph 3 and article 16; (The Federal Republic of Germany also holds the view that the reservation made by Thailand regarding article 7 of the Convention is likewise incompatible with the object and purpose of the Convention because for all matters which concern national security it reserves in a general and thus unspecific manner the right of the Royal Thai Government to apply the provisions only within the limits established by national laws, regulations and practices).
ii) 15 October 1986: In respect of reservations and some declarations formulated by the Government of Tunisia concerning article 9, paragraph 2 and article 16, as well as the declaration concerning article 15, paragraph 4.
iii) 3 March 1987: In respect of reservations made by the Government of Turkey to article 15, paragraphs 2 and 4, and article 16, paragraph 1 (c), (d), (f) and (g); in respect of reservations made by the Government of Iraq with regard to article 2, paragraphs (f) and (g), article 9 and article 16.
iv) 7 April 1988: In respect of the first reservation made by Malawi.
v) 20 June 1990: In respect of the reservation made by the Libyan Arab Jamahiriya.
vi) 24 October 1994: In respect of the reservations made by Maldives.
vii) 8 October 1996: In respect of the reservations made by Malaysia.
viii) 28 May 1997: In respect of the declaration made by Pakistan.
ix) 19 June 1997: In respect of the reservation made by Algeria.
11 January 1985
The Government of the United Mexican States has studied the content of the reservations made by Mauritius to article 11, paragraph 1 (b) and (d), and article 16, paragraph 1 (g), of the Convention and has concluded that they should be considered invalid in the light of article 28, paragraph 2, of the Convention, because they are incompatible with its object and purpose.
Indeed, these reservations, if implemented, would inevitably result in discrimination against women on the basis of sex, which is contrary to all the articles of the Convention. The principles of equal rights of men and women and non-discrimination on the basis of sex, which are embodied in the second preambular paragraph and Article 1, paragraph 3, of the Charter of the United Nations, to which Mauritius is a signatory, and in articles 2 and 16 of the Universal Declaration of Human Rights of 1948, were previously accepted by the Government of Mauritius when it acceded, on 12 December 1973, to the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights. The above principles were stated in article 2, paragraph 1, and article 3 of the former Covenant and in article 2, paragraph 2, and article 3 of the latter. Consequently, it is inconsistent with these contractual obligations previously assumed by Mauritius for its Government now to claim that it has reservations, on the same subject, about the 1979 Convention.
The objection of the Government of the United Mexican States to the reservations in question should not be interpreted as an impediment to the entry into force of the 1979 Convention between the United Mexican States and Mauritius.
Objections, identical in essence, mutatis mutandis, were also formulated by the Government of Mexico in regard to reservations made by various States, as follows [for the States which were not Parties to the Covenants (marked below with an asterisk *), the participation in the Covenants was not invoked by Mexico in its objection with regard to reservations]:
i) 21 February 1985: In respect of reservations by Bangladesh* concerning article 2, article 13 (a) and article 16 paragraph 1 (c) and (f).
ii) 21 February 1985: In respect of the reservation by Jamaica concerning article 9 (2).
iii) 22 May 1985: In respect of reservations by New Zealand (applicable to the Cook Islands) concerning article 2 (f) and article 5 (a).
iv) 6 June 1985: In respect of reservations by the Republic of Korea concerning article 9 and article 16, paragraph 1 (c), (d), (e), (f) and (g). In this case, the Government of Mexico stated that the principles of the equal rights of men and women and of non-discrimination on the basis of sex, which are set forth in the Charter of the United Nations as one of its purposes in the Universal Declaration of Human Rights of 1948 and in various multilateral instruments, have already become general principles of international law which apply to the international community, to which the Republic of Korea belongs.
v) 29 January 1986: In respect of the reservation made by Cyprus to article 9, paragraph 2.
vi) 7 May 1986: In respect of the reservations made by Turkey* to paragraphs 2 and 4 of article 15 and paragraphs 1 (c), 1 (d), 1 (f) and 1 (g) of article 16.
vii) 16 July 1986: In respect of reservations made by Egypt to articles 9 and 16.
viii) 16 October 1986: In respect of reservations by Thailand* concerning article 9, paragraph 2, article 15, paragraph 3 and article 16.
ix) 4 December 1986: In respect of reservations by Iraq concerning article 2, paragraphs (f) and (g), article 9, paragraphs 1 and 2 and article 16.
x) 23 July 1990: In respect of the reservation made by the Libyan Arab Jamahiriya.
"The Government of the Kingdom of the Netherlands considers that the reservations made by Bangladesh regarding article 2, article 13 (a) and article 16, paragraph 1 (c) and (f), by Egypt regarding article 2, article 9 and article 16, by Brazil regarding article 15, paragraph 4, and article 16, paragraph 1 (a), (c), (g), and (h), by Iraq regarding article 2, sub-paragraphs (f) and (g), article 9 and article 16, by Mauritius regarding article 11, paragraph 1 (b) and (d), and article 16, paragraph 1 (g), by Jamaica regarding article 9, paragraph 2, by the Republic of Korea regarding article 9 and article 16, paragraph 1 (c), (d), (f) and (g), by Thailand regarding article 9, paragraph 2, article 15, paragraph 3, and article 16, by Tunisia regarding article 9, paragraph 2, article 15, paragraph 4, and article 16, paragraph 1 (c), (d), (f), (g) and (h), by Turkey regarding article 15, paragraphs 2 and 4, and article 16, paragraph 1 (c), (d), (f) and (g), by the Libyan Arab Jamahiriya upon accession, and the first paragraph of the reservations made by Malawi upon accession, are incompatible with the object and purpose of the Convention (article 28, paragraph 2).
"These objections shall not preclude the entry into force of the Convention as between Bangladesh, Egypt, Brazil, Iraq, Mauritius, Jamaica, the Republic of Korea, Thailand, Tunisia, Turkey, Libyan Arab Jamahiriya, Malawi and the Kingdom of the Netherlands."
14 July1994
The Government of the Kingdom of the Netherlands considers that the declarations made by India regarding article 5 (a) and article 16, paragraph 1. of the Convention are reservations incompatible with the object and purpose of the Convention (article 28, paragraph 2).
The Government of the Kingdom of the Netherlands considers that the declaration made by India regarding article 16, paragraph 2, of the Convention is a reservation incompatible with the object and purpose of the Convention (article 28, para. 2).
The Government of the Kingdom of the Netherlands considers that the declaration made by Morocco expressing the readiness of Morocco to apply the provisions of article 2 provided that they do not conflict with the provisions of the Islamic Shariah, is a reservation incompatible with the object and purpose of the Convention (article 28, paragraph 2).
The Government of the Kingdom of the Netherlands considers that the declaration made by Morocco regarding article 15, paragraph 4, of the Convention is a reservation incompatible with the object and purpose of the Convention (article 28, paragraph 2).
The Government of the Kingdom of the Netherlands considers that the reservations made by Morocco regarding article 9, paragraph 2, and article 16 of the Convention are reservations incompatible with the object and purpose of the Convention (article 28, paragraph 2).
The Government of the Kingdom of the Netherlands has examined the reservations made by the Maldives [...]. The Government of the Kingdom of the Netherlands considers the said reservations incompatible with the object and purpose of the Convention.
The Government of the Kingdom of the Netherlands objects to the above-mentioned declarations and reservations.
These objections shall not preclude the entry into force of the Convention as between India, Morocco, the Maldives and the Kingdom of the Netherlands.
16 January 1996
With regard to the reservations made by Kuwait upon accession:
"The Government of the Kingdom of the Netherlands considers the reservations made by Kuwait incompatible with the object and purpose of the Convention (article 28, paragraph 2).
The Government of the Kingdom of the Netherlands therefore objects to the [said] reservations. These objections shall not preclude the entry into force of the Convention between Kuwait and the Kingdom of the Netherlands."
15 October 1996
With regard to the reservations made by Malaysia upon accession: