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Declarations and Reservations
( Unless otherwise indicated, the declarations and
reservations were made upon ratification, accession or succession. For
objections thereto, see hereinafter )
Algeria 16
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.
Australia 17
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."
Austria 18
Reservation:
" Austria
reserves its right to apply [...], 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."
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.
Bangladesh 19
"The Government of the
People's Republic of Bangladesh
does not consider as binding upon itself the provisions
of article 2, [...] as they conflict with Sharia law based on
Holy Quran and Sunna."
Belarus 20
Belgium 21
Brazil 22
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."
Bulgaria 23
Canada 24
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.
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.
Cyprus 25
Czech Republic
6
Democratic People's Republic of Korea
26
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.
Fiji 27
France 28
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.
Germany 7
,29
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.
Hungary 30
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."
Iraq 31
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
.
Ireland 32
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.
Jamaica 33
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).
Kuwait 34
,35
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.
Lebanon 36
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.
Lesotho 35
,37
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 Jamahiriya38
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.
Liechtenstein
39
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.
Malawi 40
Malaysia 35
,41,42
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).
Maldives 35
,43
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."
Mauritania 44
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.
Mauritius 45
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)46
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.
Mongolia 47
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
Zealand
48
,49
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
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."
Niger 50
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.
Pakistan 35
,51,52
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."
Poland 53
Republic of
Korea 54
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."
Romania 55
Russian
Federation
20
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."
Singapore 35
,51
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.
Slovakia 6
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..
Switzerland 56
.....
(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).
Thailand 57
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.".
Ukraine 20
United
Arab Emirates
58
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 Ireland59
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) 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 .]
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.
Yemen 15
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.
________________________________________________________
See Website Link for
Objections:
http://www.un.org:80/womenwatch/daw/cedaw/reservations-country.htm
Objections
(Unless otherwise indicated, the
objections were made
upon ratification, accession or
succession.)
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