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法規名稱: CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN (CEDAW)
簽訂日期: 民國 68 年 12 月 18 日
生效日期: 民國 70 年 09 月 03 日
簽約國: 國際組織 > 聯合國
沿革:
1. Adopted and opened for signature by United Nations General Assembly on December 18, 1979; Entered into force on September 3, 1981, in accordance with article 27

 
The States Parties to the present Convention,

Noting that the Universal Declaration of Human Rights affirms
the principle of the inadmissibility of discrimination and
proclaims that all human beings are born free and equal in
dignity and rights and that everyone is entitled to all the
rights and freedoms set forth therein, without distinction of
any kind, including distinction based on sex,

Noting that the States Parties to the International Covenants on
Human Rights have the obligation to ensure the equal right of
men and women to enjoy all economic, social, cultural, civil and
political rights,

Considering the international conventions concluded under the
auspices of the United Nations and the specialized agencies
promoting equality of rights of men and women,

Noting also the resolutions, declarations and recommendations
adopted by the United Nations and the specialized agencies
promoting equality of rights of men and women,

Concerned, however, that despite these various instruments
extensive discrimination against women continues to exist,

Recalling that discrimination against women violates the
principles of equality of rights and respect for human dignity,
is an obstacle to the participation of women, on equal terms
with men, in the political, social, economic and cultural life
of their countries, hampers the growth of the prosperity of
society and the family and makes more difficult the full
development of the potentialities of women in the service of
their countries and of humanity,

Concerned that in situations of poverty women have the least
access to food, health, education, training and opportunities
for employment and other needs,

Convinced that the establishment of the new international
economic order based on equity and justice will contribute
significantly towards the promotion of equality between men and
women,

Emphasizing that the eradication of apartheid, of all forms of
racism, racial discrimination, colonialism, neo-colonialism,
aggression, foreign occupation and domination and interference
in the internal affairs of States is essential to the full
enjoyment of the rights of men and women,

Affirming that the strengthening of international peace and
security, relaxation of international tension, mutual
cooperation among all States irrespective of their social and
economic systems, general and complete disarmament, and in
particular nuclear disarmament under strict and effective
international control, the affirmation of the principles of
justice, equality and mutual benefit in relations among
countries and the realization of the right of peoples under
alien and colonial domination and foreign occupation to
self-determination and independence, as well as respect for
national sovereignty and territorial integrity, will promote
social progress and development and as a consequence will
contribute to the attainment of full equality between men and
women,

Convinced that the full and complete development of a country,
the welfare of the world and the cause of peace require the
maximum participation of women on equal terms with men in all
fields,

Bearing in mind the great contribution of women to the welfare
of the family and to the development of society, so far not
fully recognized, the social significance of maternity and the
role of both parents in the family and in the upbringing of
children, and aware that the role of women in procreation should
not be a basis for discrimination but that the upbringing of
children requires a sharing of responsibility between men and
women and society as a whole,

Aware that a change in the traditional role of men as well as
the role of women in society and in the family is needed to
achieve full equality between men and women,

Determined to implement the principles set forth in the
Declaration on the Elimination of Discrimination against Women
and, for that purpose, to adopt the measures required for the
elimination of such discrimination in all its forms and
manifestations,

Have agreed on the following:

PART I

Article 1.
For the purposes of the present Convention, the term
"discrimination against women" shall mean any distinction,
exclusion or restriction made on the basis of sex which has the
effect or purpose of impairing or nullifying the recognition,
enjoyment or exercise by women, irrespective of their marital
status, on a basis of equality of men and women, of human rights
and fundamental freedoms in the political, economic, social,
cultural, civil or any other field.

Article 2.
States Parties condemn discrimination against women in all its
forms, agree to pursue by all appropriate means and without
delay a policy of eliminating discrimination against women and,
to this end, undertake:
(a) To embody the principle of the equality of men and women in
their national constitutions or other appropriate
legislation if not yet incorporated therein and to ensure,
through law and other appropriate means, the practical
realization of this principle;
(b) To adopt appropriate legislative and other measures,
including sanctions where appropriate, prohibiting all
discrimination against women;
(c) To establish legal protection of the rights of women on an
equal basis with men and to ensure through competent
national tribunals and other public institutions the
effective protection of women against any act of
discrimination;
(d) To refrain from engaging in any act or practice of
discrimination against women and to ensure that public
authorities and institutions shall act in conformity with
this obligation;
(e) To take all appropriate measures to eliminate
discrimination against women by any person, organization or
enterprise;
(f) To take all appropriate measures, including legislation, to
modify or abolish existing laws, regulations, customs and
practices which constitute discrimination against women;
(g) To repeal all national penal provisions which constitute
discrimination against women.

Article 3.
States Parties shall take in all fields, in particular in the
political, social, economic and cultural fields, all appropriate
measures, including legislation, to ensure the full development
and advancement of women, for the purpose of guaranteeing them
the exercise and enjoyment of human rights and fundamental
freedoms on a basis of equality with men.

Article 4.
1. Adoption by States Parties of temporary special measures.
aimed at accelerating de facto equality between men and women
shall not be considered discrimination as defined in the
present Convention, but shall in no way entail as a
consequence the maintenance of unequal or separate standards;
these measures shall be discontinued when the objectives of
equality of opportunity and treatment have been achieved.
2. Adoption by States Parties of special measures, including
those measures contained in the present Convention, aimed at
protecting maternity shall not be considered discriminatory.

Article 5.
States Parties shall take all appropriate measures:
(a) To modify the social and cultural patterns of conduct of
men and women, with a view to achieving the elimination of
prejudices and customary and all other practices which are
based on the idea of the inferiority or the superiority of
either of the sexes or on stereotyped roles for men and
women;
(b) To ensure that family education includes a proper
understanding of maternity as a social function and the
recognition of the common responsibility of men and women
in the upbringing and development of their children, it
being understood that the interest of the children is the
primordial consideration in all cases.

Article 6.
States Parties shall take all appropriate measures, including
legislation, to suppress all forms of traffic in women and
exploitation of prostitution of women.

PART II

Article 7.
States Parties shall take all appropriate measures to eliminate
discrimination against women in the political and public life of
the country and, in particular, shall ensure to women, on equal
terms with men, the right:
(a) To vote in all elections and public referenda and to be
eligible for election to all publicly elected bodies;
(b) To participate in the formulation of government policy and
the implementation thereof and to hold public office and
perform all public functions at all levels of government;
(c) To participate in non-governmental organizations and
associations concerned with the public and political life
of the country.

Article 8.
States Parties shall take all appropriate measures to ensure to
women, on equal terms with men and without any discrimination,
the opportunity to represent their Governments at the
international level and to participate in the work of
international organizations.

Article 9.
1. States Parties shall grant women equal rights with men to
acquire, change or retain their nationality. They shall
ensure in particular that neither marriage to an alien nor
change of nationality by the husband during marriage shall
automatically change the nationality of the wife, render her
stateless or force upon her the nationality of the husband.
2. States Parties shall grant women equal rights with men with
respect to the nationality of their children.

PART III

Article 10.
States Parties shall take all appropriate measures to eliminate
discrimination against women in order to ensure to them equal
rights with men in the field of education and in particular to
ensure, on a basis of equality of men and women:
(a) The same conditions for career and vocational guidance, for
access to studies and for the achievement of diplomas in
educational establishments of all categories in rural as
well as in urban areas; this equality shall be ensured in
preschool, general, technical, professional and higher
technical education, as well as in all types of vocational
training;
(b) Access to the same curricula, the same examinations,
teaching staff with qualifications of the same standard and
school premises and equipment of the same quality;
(c) The elimination of any stereotyped concept of the roles of
men and women at all levels and in all forms of education
by encouraging coeducation and other types of education
which will help to achieve this aim and, in particular, by
the revision of textbooks and school programmes and the
adaptation of teaching methods;
(d) The same opportunities to benefit from scholarships and
other study grants;
(e) The same opportunities for access to programmes of
continuing education including adult and functional
literacy programmes, particularly those aimed at reducing,
at the earliest possible time, any gap in education
existing between men and women;
(f) The reduction of female student drop-out rates and the
organization of programmes for girls and women who have
left school prematurely;
(g) The same opportunities to participate actively in sports
and physical education;
(h) Access to specific educational information to help to
ensure the health and well-being of families, including
information and advice on family planning.

Article 11.
1. States Parties shall take all appropriate measures to
eliminate discrimination against women in the field of
employment in order to ensure, on a basis of equality of men
and women, the same rights, in particular:
(a) The right to work as an inalienable right of all human
beings;
(b) The right to the same employment opportunities, including
the application of the same criteria for selection in
matters of employment;
(c) The right to free choice of profession and employment, the
right to promotion, job security and all benefits and
conditions of service and the right to receive vocational
training and retraining, including apprenticeships,
advanced vocational training and recurrent training;
(d) The right to equal remuneration, including benefits, and to
equal treatment in respect of work of equal value, as well
as equality of treatment in the evaluation of the quality
of work;
(e) The right to social security, particularly in cases of
retirement, unemployment, sickness, invalidity and old age
and other incapacity to work, as well as the right to paid
leave;
(f) The right to protection of health and to safety in working
conditions, including the safeguarding of the function of
reproduction.
2. In order to prevent discrimination against women on the
grounds of marriage or maternity and to ensure their
effective right to work, States Parties shall take
appropriate measures:
(a) To prohibit, subject to the imposition of sanctions,
dismissal on the grounds of pregnancy or of maternity leave
and discrimination in dismissals on the basis of marital
status;
(b) To introduce maternity leave with pay or with comparable
social benefits without loss of former employment,
seniority or social allowances;
(c) To encourage the provision of the necessary supporting
social services to enable parents to combine family
obligations with work responsibilities and participation in
public life, in particular through promoting the
establishment and development of a network of child-care
facilities;
(d) To provide special protection to women during pregnancy in
types of work proved to be harmful to them.
3. Protective legislation relating to matters covered in this
article shal be reviewed periodically in the light of
scientific and technological knowledge and shall be revised,
repealed or extended as necessary.

Article 12.
1. States Parties shall take all appropriate measures to
eliminate discrimination against women in the field of health
care in order to ensure, on a basis of equality of men and
women, access to health care services, including those
related to family planning.
2. Notwithstanding the provisions of paragraph 1 of this
article, States Parties shall ensure to women appropriate
services in connexion with pregnancy, confinement and the
post-natal period, granting free services where necessary, as
well as adequate nutrition during pregnancy and lactation.

Article 13.
States Parties shall take all appropriate measures to eliminate
discrimination against women in other areas of economic and
social life in order to ensure, on a basis of equality of men
and women, the same rights, in particular:
(a) The right to family benefits;
(b) The right to bank loans, mortgages and other forms of
financial credit;
(c) The right to participate in recreational activities, sports
and all aspects of cultural life.

Article 14.
1. States Parties shall take into account the particular
problems faced by rural women and the significant roles which
rural women play in the economic survival of their families,
including their work in the non-monetized sectors of the
economy, and shall take all appropriate measures to ensure
the application of the provisions of this Convention to women
in rural areas.
2. States Parties shall take all appropriate measures to
eliminate discrimination against women in rural areas in
order to ensure, on a basis of equality of men and women,
that they participate in and benefit from rural development
and, in particular, shall ensure to such women the right:
(a) To participate in the elaboration and implementation of
development planning at all levels;
(b) To have access to adequate health care facilities,
including information, counselling and services in family
planning;
(c) To benefit directly from social security programmes;
(d) To obtain all types of training and education, formal and
non-formal, including that relating to functional literacy,
as well as, inter alia, the benefit of all community and
extension services, in order to increase their technical
proficiency;
(e) To organize self-help groups and co-operatives in order to
obtain equal access to economic opportunities through
employment or self-employment;
(f) To participate in all community activities;
(g) To have access to agricultural credit and loans, marketing
facilities, appropriate technology and equal treatment in
land and agrarian reform as well as in land resettlement
schemes;
(h) To enjoy adequate living conditions, particularly in
relation to housing, sanitation, electricity and water
supply, transport and communications.

PART IV

Article 15.
1. States Parties shall accord to women equality with men before
the law.
2. States Parties shall accord to women, in civil matters, a
legal capacity identical to that of men and the same
opportunities to exercise that capacity. In particular, they
shall give women equal rights to conclude contracts and to
administer property and shall treat them equally in all
stages of procedure in courts and tribunals.
3. States Parties agree that all contracts and all other private
instruments of any kind with a legal effect which is directed
at restricting the legal capacity of women shall be deemed
null and void.
4. 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.

Article 16.
1. States Parties shall take all appropriate measures to
eliminate discrimination against women in all matters
relating to marriage and family relations and in particular
shall ensure, on a basis of equality of men and women:
(a) The same right to enter into marriage;
(b) The same right freely to choose a spouse and to enter into
marriage only with their free and full consent;
(c) The same rights and responsibilities during marriage and at
its dissolution;
(d) The same rights and responsibilities as parents,
irrespective of their marital status, in matters relating
to their children; in all cases the interests of the
children shall be paramount;
(e) The same rights to decide freely and responsibly on the
number and spacing of their children and to have access to
the information, education and means to enable them to
exercise these rights;
(f) The same rights and responsibilities with regard to
guardianship, wardship, trusteeship and adoption of
children, or similar institutions where these concepts
exist in national legislation; in all cases the interests
of the children shall be paramount;
(g) The same personal rights as husband and wife, including the
right to choose a family name, a profession and an
occupation;
(h) The same rights for both spouses in respect of the
ownership, acquisition, management, administration,
enjoyment and disposition of property, whether free of
charge or for a valuable consideration.
2. The betrothal and the marriage of a child shall have no legal
effect, and all necessary action, including legislation,
shall be taken to specify a minimum age for marriage and to
make the registration of marriages in an official registry
compulsory.

PART V

Article 17.
1. For the purpose of considering the progress made in the
implementation of the present Convention, there shall be
established a Committee on the Elimination of Discrimination
against Women (hereinafter referred to as the Committee)
consisting, at the time of entry into force of the
Convention, of eighteen and, after ratification of or
accession to the Convention by the thirty-fifth State Party,
of twenty-three experts of high moral standing and competence
in the field covered by the Convention. The experts shall be
elected by States Parties from among their nationals and
shall serve in their personal capacity, consideration being
given to equitable geographical distribution and to the
representation of the different forms of civilization as well
as the principal legal systems.
2. The members of the Committee shall be elected by secret
ballot from a list of persons nominated by States Parties.
Each State Party may nominate one person from among its own
nationals.
3. The initial election shall be held six months after the date
of the entry into force of the present Convention. At least
three months before the date of each election the
Secretary-General of the United Nations shall address a
letter to the States Parties inviting them to submit their
nominations within two months. The Secretary-General shall
prepare a list in alphabetical order of all persons thus
nominated, indicating the States Parties which have nominated
them, and shall submit it to the States Parties.
4. Elections of the members of the Committee shall be held at a
meeting of States Parties convened by the Secretary-General
at United Nations Headquarters. At that meeting, for which
two thirds of the States Parties shall constitute a quorum,
the persons elected to the Committee shall be those nominees
who obtain the largest number of votes and an absolute
majority of the votes of the representatives of States
Parties present and voting.
5. The members of the Committee shall be elected for a term of
four years. However, the terms of nine of the members
elected at the first election shall expire at the end of two
years; immediately after the first election the names of
these nine members shall be chosen by lot by the Chairman of
the Committee.
6. The election of the five additional members of the Committee
shall be held in accordance with the provisions of paragraphs
2, 3 and 4 of this article, following the thirty-fifth
ratification or accession. The terms of two of the additional
members elected on this occasion shall expire at the end of
two years, the names of these two members having been chosen
by lot by the Chairman of the Committee.
7. For the filling of casual vacancies, the State Party whose
expert has ceased to function as a member of the Committee
shall appoint another expert from among its nationals,
subject to the approval of the Committee.
8. The members of the Committee shall, with the approval of the
General Assembly, receive emoluments from United Nations
resources on such terms and conditions as the Assembly may
decide, having regard to the importance of the Committee's
responsibilities.
9. The Secretary-General of the United Nations shall provide the
necessary staff and facilities for the effective performance
of the functions of the Committee under the present
Convention.

Article 18.
1. States Parties undertake to submit to the Secretary-General
of the United Nations, for consideration by the Committee, a
report on the legislative, judicial, administrative or other
measures which they have adopted to give effect to he
provisions of the present Convention and on the progress made
in this respect:
(a) Within one year after the entry into force for the State
concerned; and
(b) Thereafter at least every four years and further whenever
the Committee so requests.
2. Reports may indicate factors and difficulties affecting the
degree of fulfilment of obligations under the present
Convention.

Article 19.
1. The Committee shall adopt its own rules of procedure.
2. The Committee shall elect its officers for a term of two
years.

Article 20.
1. The Committee shall normally meet for a period of not more
than two weeks annually in order to consider the reports
submitted in accordance with article 18 of the present
Convention.
2. The meetings of the Committee shall normally be held at
United Nations Headquarters or at any other convenient place
as determined by the Committee.

Article 21.
1. The Committee shall, through the Economic and Social Council,
report annually to the General Assembly of the United Nations
on its activities and may make suggestions and general
recommendations based on the examination of reports and
information received from the States Parties. Such
suggestions and general recommendations shall be included in
the report of the Committee together with comments, if any,
from States Parties.
2. The Secretary-General shall transmit the reports of the
Committee to the Commission on the Status of Women for its
information.

Article 22.
The specialized agencies shall be entitled to be represented at
the consideration of the implementation of such provisions of
the present Convention as fall within the scope of their
activities. The Committee may invite the specialized agencies to
submit reports on the implementation of the Convention in areas
falling within the scope of their activities.

PART VI

Article 23.
Nothing in this Convention shall affect any provisions that are
more conducive to the achievement of equality between men and
women which may be contained:
(a) In the legislation of a State Party; or
(b) In any other international convention, treaty or agreement
in force for that State.

Article 24.
States Parties undertake to adopt all necessary measures at the
national level aimed at achieving the full realization of the
rights recognized in the present Convention.

Article 25.
1. The present Convention shall be open for signature by all
States.
2. The Secretary-General of the United Nations is designated as
the depositary of the present Convention.
3. The present Convention is subject to ratification.
Instruments of ratification shall be deposited with the
Secretary-General of the United Nations.
4. The present Convention shall be open to accession by all
States. Accession shall be effected by the deposit of an
instrument of accession with the Secretary-General of the
United Nations.

Article 26.
1. A request for the revision of the present Convention may be
made at any time by any State Party by means of a
notification in writing addressed to the Secretary-General of
the United Nations.
2. The General Assembly of the United Nations shall decide upon
the steps, if any, to be taken in respect of such a request.

Article 27.
1. The present Convention shall enter into force on the
thirtieth day after the date of deposit with the
Secretary-General of the United Nations of the twentieth
instrument of ratification or accession.
2. For each State ratifying the present Convention or acceding
to it after the deposit of the twentieth instrument of
ratification or accession, the Convention shall enter into
force on the thirtieth day after the date of the deposit of
its own instrument of ratification or accession.

Article 28.
1. The Secretary-General of the United Nations shall receive and
circulate to all States the text of reservations made by
States at the time of ratification or accession.
2. A reservation incompatible with the object and purpose of the
present Convention shall not be permitted.
3. Reservations may be withdrawn at any time by notification to
this effect addressed to the Secretary-General of the United
Nations, who shall then inform all States thereof. Such
notification shall take effect on the date on which it is
received.

Article 29.
1. 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 from
the date of the request for arbitration the parties are
unable to agree on the organization of the arbitration, any
one of those parties may refer the dispute to the
International Court of Justice by request in conformity with
the Statute of the Court.
2. Each State Party may at the time of signature or ratification
of this Convention or accession thereto declare that it does
not consider itself bound by paragraph 1 of this article. The
other States Parties shall not be bound by that paragraph
with respect to any State Party which has made such a
reservation.
3. Any State Party which has made a reservation in accordance
with paragraph 2 of this article may at any time withdraw
that reservation by notification to the Secretary-General of
the United Nations.

Article 30.
The present Convention, the Arabic, Chinese, English, French,
Russian and Spanish texts of which are equally authentic, shall
be deposited with the Secretary-General of the United Nations.

IN WITNESS WHEREOF the undersigned, duly authorized, have signed
the present Convention.
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