Declarations and
Reservations
Declarations and
Reservations
(Unless
otherwise indicated, the declarations and reservations were made
upon ratification, accession or succession.)
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Algeria64
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 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.
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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.
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Australia3
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.”
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Austria4
Reservation:
“Austria
reserves its right to apply the provision of Article 11, as far as
special protection of working women is concerned within the limits
established by national legislation."
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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.”
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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.
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Bangladesh5
"The
Government of the People's Republic of Bangladesh does not consider as
binding upon itself the provisions of article 2, [... and ...]
16 (1) (c) as they conflict with Sharia law
based on Holy Quran and Sunna."
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Brazil8
Reservation made upon signature and confirmed
upon ratification:
"...
Brazil does not consider itself bound by article 29, paragraph 1, of
the above-mentioned Convention."
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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."
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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.
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China
Declaration made upon signature and confirmed upon ratification:
The
People's Republic of China does not consider itself bound by paragraph
1 of article 29 of the Convention.
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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.
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Democratic
People's Republic of Korea 18
Democratic People's Republic of Korea18
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].”
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Egypt20
Reservations made upon signature and confirmed upon ratification:
[.....]
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
ofarbitration 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.
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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.
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Ethiopia
Reservation:
Socialist
Ethiopia does not consider itself bound by paragraph 1 of article 29 of
the Convention.
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France22
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.
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Germany23,24
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.
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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."
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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."
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Iraq29
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.
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Ireland28
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.
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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."
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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.
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Jamaica30
The
Government of Jamaica declares that it does not consider itself bound
by the provisions of article 29, paragraph 1, of the Convention."
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Jordan65
Declaration made upon signature and confirmed upon ratification:
Jordan does not
consider itself bound by the following provisions:
1.
Article 9, paragraph 2;
2. ...
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).
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Kuwait31,66
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.
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Lebanon19
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.
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Lesotho31,32
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.”
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Libyan
Arab Jamahiriya 33
Libyan Arab Jamahiriya33
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
.
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Liechtenstein34
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."
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Malaysia31,36,55
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 5 (a) and 7 (b) 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.
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Maldives31,37
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."
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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."
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Mauritania38
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.
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Mauritius39
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."
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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.
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Micronesia
(Federated States of) 68
Micronesia (Federated States of)68
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."
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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.
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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.
Reservations:
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 bydeclaring, 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.
2. 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.
3. 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.
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Myanmar
Reservation:
Article 29
"[The Government of
Myanmar] does not consider itself bound by the provision set forth in
the said article."
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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."
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New Zealand43,44,45
Reservation:
...
"The Government of
the Cook Islands reserves the right not to apply article 2 (f) and
article 5 (a) to the extent that the customs governing the inheritance
of certain Cook Islands chief titles may be inconsistent with those
provisions."
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Niger48
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.
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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.
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Pakistan31,50,56
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."
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Qatar
Reservations:
1.
Article 2 (a) in connection with the rules of the hereditary
transmission of authority, as it is inconsistent with the provisions of
article 8 of the Constitution.
2. Article 9, paragraph
2, as it is inconsistent with Qatar’s law on citizenship.
3. Article 15, paragraph
1, in connection with matters of inheritance and testimony, as it is
inconsistent with the provisions of Islamic law.
4. Article 15, paragraph
4, as it is inconsistent with the provisions of family law and
established practice.
5. Article 16, paragraph
1 (a) and (c), as they are inconsistent with the provisions of Islamic
law.
6. Article 16, paragraph
1 (f), as it is inconsistent with the provisions of Islamic law and
family law. The State of Qatar declares that all of its relevant
national legislation is conducive to the interest of promoting social
solidarity.
...
3. In accordance with
article 29, paragraph 2, of the Convention, the State of Qatar
declares, under the terms of that text, that it does not consider
itself bound by paragraph 1 of that article.
Declaration:
1.
The Government of the State of Qatar accepts the text of article 1 of
the Convention provided that, in accordance with the provisions of
Islamic law and Qatari legislation, the phrase “irrespective of their
marital status” is not intended to encourage family relationships
outside legitimate marriage. It reserves the right to implement the
Convention in accordance with this understanding.
2. The State of Qatar
declares that the question of the modification of “patterns” referred
to in article 5 (a) must not be understood as encouraging women to
abandon their role as mothers and their role in child-rearing, thereby
undermining the structure of the family.
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Republic of Korea51
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."
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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.”
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Singapore31,54,56
Reservations:
(1)
In the context of Singapore's multi-racial and multi-religious society
and the need to respect the freedom of minorities to practise their
religious and personal laws, the Republic of Singapore reserves the
right not to apply the provisions of articles 2 and 16 where compliance
with these provisions would be contrary to their religious or personal
laws.
(2) [...]
(3) Singapore interprets
article 11, paragraph 1 in the light of the provisions of article 4,
paragraph 2 as not precluding prohibitions, restrictions or conditions
on the employment of women in certain areas, or on work done by them
where this is considered necessary or desirable to protect the health
and safety of women or the human foetus, including such prohibitions,
restrictions or conditions imposed in consequence of other
international obligations of Singapore and considers that legislation in
respect of article 11 is unnecessary for the minority of women who do
not fall within the ambit of Singapore's employmentlegislation.
(4) The Republic of
Singapore declares, in pursuance of article 29, paragraph 2 of the
Convention that it will not be bound by the provisions of article 29,
paragraph 1.
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Spain
Declaration:
The
ratification of the Convention by Spain shall not affect the
constitutional provisions concerning succession to the Spanish crown.
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Switzerland57
.....
(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).
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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..
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Thailand58
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.
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Trinidad and Tobago
Reservation made upon signature and confirmed upon ratification:
"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."
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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, paragraph4:
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.
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Turkey69
Reservations:
"
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."
[.....]
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United Arab Emirates59
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.
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United
Kingdom of Great Britain and Northern Ireland 60,
61
United Kingdom of Great Britain and Northern Ireland60,61
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."
...
"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
theirchildren. 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 ctinue 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.]
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Venezuela
(Bolivarian Republic of)
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.
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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.
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Yemen63
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.
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