Obligations under the Convention
The articles of the Convention fall into three main groups. The first set of articles explains the nature and scope of the State’s obligations. The second set of articles targets specific forms of discrimination and outlines measures that the State must undertake to eliminate discrimination in each of these areas. The last set of articles governs procedural and administrative matters, such as the composition of the Committee on the Elimination of Discrimination against Women and the way in which the reporting process operates. States parties to the Convention report at least every four years on measures they have undertaken in order to comply with their obligations.
The full text of the Convention is available in the six official UN languages: Arabic, Chinese, English, French, Russian, Spanish.
Article 1 defines discrimination against women. This includes not just direct or intentional discrimination, but any act that has the effect of creating or perpetuating inequality between men and women.
Article 2 sets out a range of general measures the State must take to eliminate discrimination against women, with a strong focus on legal protections. Article 2 makes clear that the State has both the obligation not to discriminate itself, and also, crucially, to prevent discrimination by private individuals and organizations. The State must:
- enshrine the principle of gender equality in national constitutions;
- enact legislation prohibiting discrimination against women;
- ensure effective legal protection for the right to be free from discrimination, including through the creation of national tribunals and other institutional mechanisms;
- ensure that no public authority discriminates against women;
- ensure that no private individual or organization discriminates against women;
- abolish existing discriminatory laws, customs and practices.
Article 3 directs the State to take the positive measures needed to ensure the realization of women’s human rights on the basis of equality with men. Especially in the political, social, economic and cultural fields, the State must take whatever steps are needed to ensure the full advancement and development of women.
Article 4 directs the State to take temporary special measures where they are needed to speed up the process of achieving equality. Article 4 makes clear that measures that temporarily favour women over men, or impose different standards, are not a form of discrimination if they are being implemented as a means of speeding up the achievement of gender equality.
(Read the Committee’s General Recommendation on temporary special measures.)
Article 5 underlines that the State has responsibility for eliminating discrimination in social and cultural life, and must take measures to eliminate prejudices and customary and other practices that are based on notions of women’s inferiority or stereotypes.
Article 6 requires States to take all necessary measures to “suppress trafficking in women and the exploitation of prostitution.”
Article 7 requires States to eliminate discrimination in public and political life, and especially ensure the rights to:
- vote and be eligible for election;
- participate in the formulation and implementation of government policy;
- hold public office and perform public functions at all levels;
- participate in non-governmental and civil society organizations.
Article 8 requires States to ensure women the equal opportunity to represent their governments at the international level, and to participate in the work of international organizations.
(Read the Committee’s General Recommendation on public and political life.)
Article 9 requires States to ensure that women have equal rights with men regarding nationality, and the nationality of their children. The Convention underlines, in particular, that a woman’s nationality should not be determined by the nationality of her husband.
Article 10 concerns the elimination of discrimination in education. States should take measures especially in the areas of:
- equality in access to study and achieving diplomas at all levels of education;
- equality in curricula, teaching and school facilities;
- elimination of gender-based stereotypes in teaching;
- equal opportunity for scholarships and grants;
- equal access to continuing education, and programmes to reduce gender gaps in education;
- reduction of female drop-out rates, and programmes for women and girls who have left school;
- equal opportunities in sports and physical education;
- access to specific information on family health and family planning.
Article 11 requires States to eliminate discrimination in employment. In particular they should ensure that women have equality with men regarding the rights to:
- work;
- employment and selection for employment;
- choice of profession;
- promotion, job security and benefits;
- vocational training;
- equal pay for work of equal value;
- social security and paid leave.
Discrimination relating to pregnancy is given special attention. In this area States must, in particular:
- prohibit dismissal on the grounds of pregnancy or maternity leave;
- prohibit discriminatory dismissal on the grounds of marital status;
- provide for maternity leave;
- encourage support for parents with family obligations, including through child care facilities;
- provide special protection for pregnant women in dangerous areas of work.
Article 12 requires States to eliminate discrimination in the field of health care. Women should be ensured equal access to health care services, including family planning. States must also ensure that women receive appropriate services relating to maternity, including free services where needed, and adequate nutrition.
(Read the Committee’s General Recommendation on health.)
Article 13 requires States to eliminate discrimination in other areas of economic and social life. Article 13 highlights, in particular, the need to ensure equal rights to family benefits, bank loans, mortgages and other forms of credit, and participation in recreation and all aspects of cultural life.
Article 14 requires States to pay special attention to the situation of rural women. They should ensure rural women’s equal rights to:
- participate in development planning;
- access health care including family planning;
- obtain education and training, including literacy training;
- organize groups and cooperatives to pursue economic opportunities;
- participate in community activities;
- access agricultural credit and loans;
- access marketing facilities and technology;
- enjoy equal treatment in land and agrarian reform, and land resettlement;
- have adequate living conditions, including regarding housing and water supply.
Article 15 requires States to ensure that women are given equality before the law. In particular, women must have the same legal capacity as men to enter into contracts and to own property, and they must be given equal treatment in the courts. No contract that attempts to limit a woman’s legal capacity will be enforced. Laws regarding freedom of movement within the country and choice of residence must treat men and women equally.
Article 16 requires States to eliminate discrimination against women in marriage and family life. In particular, States must ensure that men and women enjoy the same rights in the areas of:
- entry into marriage;
- choice of a spouse and consent to marriage;
- responsibilities during marriage;
- dissolution of marriage;
- parental rights and responsibilities;
- decisions on the number and spacing of children, and access to information in this regard;
- guardianship and adoption;
- choice of family name, profession and occupation;
- property ownership.
Regarding child marriage, Article 16 requires States to ensure that the betrothal and marriage of a child has no legal effect. They must also set a minimum age for marriage, and require marriages to be officially registered.
(Read the Committee’s General Recommendation on marriage and family relations.)
