CEDAW

UNITED

NATIONS




#unlogo.gif

Convention on the Elimination

of All Forms of Discrimination

against Women

 

                                                                                                                                     Distr.

                                                                                                                                     GENERAL

 

                                                                                                                                     CEDAW/SP/1994/2

                                                                                                                                     26 October 1993

 

                                                                                                                                     ORIGINAL: ENGLISH


 

 

MEETING OF STATES PARTIES TO THE

  CONVENTION ON THE ELIMINATION

  OF ALL FORMS OF DISCRIMINATION

  AGAINST WOMEN

Seventh Meeting

New York, 7 February 1994

Item 6 of the provisional agenda*

 

 

OTHER MATTERS

 

            Declarations, reservations, objections and notifications of

            withdrawal of reservations relating to the Convention on the

            Elimination of All Forms of Discrimination against Women**

 

Note by the Secretary-General

 

 

CONTENTS

 

                                                                                                                                         Page

 

INTRODUCTION ............................................................                                                                              5

 

CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST

WOMEN ...................................................................                                                                                    5

 

          A.      General information ...........................................                                                                   5

 

          B.      Texts of declarations and reservations ........................                                                       9

 

                    Argentina .....................................................                                                                           9

                    Australia .....................................................                                                                            9

 

 

________________________

 

          *        CEDAW/SP/1994/1.

 

    **              This document was previously issued under the symbol CEDAW/SP/1992/2.

 

 

93-62684 (E) 301293                                                                                                                                 /...

CONTENTS (continued)

 

                                                                                                                                         Page

 

                    Austria ......................................................                                                                            10

                    Bangladesh ...................................................                                                                       10

                    Belgium ......................................................                                                                          10

                    Brazil .......................................................                                                                              11

                    China ........................................................                                                                            11

                    Cuba .........................................................                                                                            11

                    Cyprus .......................................................                                                                           12

                    Egypt ........................................................                                                                            12

                    El Salvador ..................................................                                                                         13

                    Ethiopia .....................................................                                                                           13

                    France .......................................................                                                                            14

                    Germany ......................................................                                                                         15

                    Indonesia ....................................................                                                                          15

                    Iraq .........................................................                                                                               16

                    Ireland ......................................................                                                                             16

                    Israel .......................................................                                                                              17

                    Jamaica ......................................................                                                                          17

                    Jordan .......................................................                                                                           18

                    Libyan Arab Jamahiriya .......................................                                                               18

                    Luxembourg ...................................................                                                                      18

                    Maldives .....................................................                                                                          19

                    Malta ........................................................                                                                             19

                    Mauritius ....................................................                                                                          20

                    Morocco ......................................................                                                                         20

                    Netherlands ..................................................                                                                        22

                    New Zealand ..................................................                                                                      22

                    Poland .......................................................                                                                           23

                    Republic of Korea ............................................                                                                    23

                    Romania ......................................................                                                                         23

                    Spain ........................................................                                                                             24

                    Thailand .....................................................                                                                           24

                    Trinidad and Tobago ..........................................                                                                 25

                    Tunisia ......................................................                                                                            25

                    Turkey .......................................................                                                                            26

                    United Kingdom of Great Britain and Northern Ireland .........                                          27

                    Venezuela ....................................................                                                                         32

                    Viet Nam .....................................................                                                                          32

                    Yemen ........................................................                                                                           33

 

          C.      Objections to certain declarations and reservations ..........                                             33

 

                    Objection by Argentina to the application of the Convention to

                    the Falkland Islands (Malvinas), and South Georgia and the

                    South Sandwich Islands by the United Kingdom, notified upon

                    ratification .................................................                                                                           33

 

                    Communication of the United Kingdom concerning the objection

                    of Argentina .................................................                                                                        34

CONTENTS (continued)

 

                                                                                                                                         Page

 

                    Objection by Denmark to the reservation made by the Libyan

                    Arab Jamahiriya upon accession ...............................                                                       34

 

                    Objection by Finland to the reservation made by the Libyan

                    Arab Jamahiriya upon accession ...............................                                                       34

 

                    Objections by Germany to the reservations made by Bangladesh,

                    Iraq, the Libyan Arab Jamahiriya, Malawi, Mauritius, Thailand

                     and Turkey upon accession and by Brazil, Egypt, Jamaica, the

                    Republic of Korea and Tunisia upon ratification ..............                                                35

 

                    Objection by Israel to the reservation made by Iraq upon

                    accession ....................................................                                                                         36

 

                    Objections by Mexico to the reservations made by Bangladesh,

                    Cyprus, Iraq, the Libyan Arab Jamahiriya, Mauritius, Thailand

                     and Turkey upon accession and by Egypt, Jamaica, New Zealand

                    and the Republic of Korea upon ratification; Communication

                    regarding Malawi .............................................                                                                    36

 

                    Objections by the Netherlands to the reservations made by

                    Bangladesh, Iraq, the Libyan Arab Jamahiriya, Malawi,

                    Mauritius, Thailand and Turkey upon accession and by Brazil,

                    Egypt, Jamaica, the Republic of Korea and Tunisia upon

                    ratification .................................................                                                                           38

 

                    Objections by Norway to the reservation made by the Libyan

                    Arab Jamahiriya upon accession ...............................                                                       39

 

                    Objections by Sweden to the reservations made by Bangladesh,

                    Iraq, the Libyan Arab Jamahiriya, Malawi, Mauritius and

                    Thailand upon accession and by Brazil, Egypt, Jamaica, New

                    Zealand, the Republic of Korea and Tunisia upon ratification .                                       40

 

                    Objection by Sweden to reservations made by Jordan upon

                    ratification .................................................                                                                           41

 

          D.      Notifications of withdrawal of certain reservations ..........                                               42

 

                    Belarus, Ukraine and Russian Federation ......................                                                  42

                    Canada .......................................................                                                                          42

                    France .......................................................                                                                            42

                    Hungary ......................................................                                                                          43

                    Ireland ......................................................                                                                             43

                    Malawi .......................................................                                                                            43

                    Mongolia .....................................................                                                                          43

                    New Zealand ..................................................                                                                      43

                    Republic of Korea ............................................                                                                    44

CONTENTS

 

                                                                                           Page

 

                    Thailand .....................................................                                                                           44

 

Annexes

 

 I.        Status of declarations, reservations, objections and notifications

          of withdrawal of reservations by States parties related to articles

          of the Convention on the Elimination of All Forms of Discrimination

          against Women .....................................................                                                                         46

 

II.       Articles of the Convention on the Elimination of All Forms of

          Discrimination against Women for which States parties have not yet

          withdrawn their reservations ......................................                                                                  52

 

 


INTRODUCTION

 

 

1.       The present document contains the declarations, reservations, objections and notifications of withdrawal of reservations made by States parties with respect to the Convention on the Elimination of All Forms of Discrimination against Women reproduced in Multilateral Treaties Deposited with the Secretary-General: Status as at 31 December 1992. 1/ Declarations, reservations, objections and notifications of withdrawal of reservations made from 2 January to 1 August 1993 have been taken from the reports of the Secretary-General on the status of the Convention (A/48/354). Accessions reported to the Secretary-General between 1 August and 31 October 1993 have also been included.

 

 

CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION

AGAINST WOMEN

 

A. General information

 

2.       The Convention on the Elimination of All Forms of Discrimination against Women was adopted by the General Assembly in its resolution 34/180 of 18 December 1979. It entered into force on 3 September 1981, in accordance with the provisions of its article 27. The status of States parties with respect to the Convention as of 26 October 1993 is shown below.

 

 

          Status of States parties with respect to the Convention on the

          Elimination of All Forms of Discrimination against Women as of

26 October 1993

 

                                                     Date of receipt of the

                                                     instrument of ratification,

       State Date of signature accession or succession

 

Afghanistan                                       14 August 1980

Angola                                                                                                            17 September 1986 a/

Antigua and Barbuda                                                                                    1 August 1989 a/

Argentina                                           17 July 1980                                       15 July 1985 b/

Armenia                                                                                                          13 September 1993 a/

Australia                                             17 July 1980                                       28 July 1983 b/

Austria                                                17 July 1980                                       31 March 1982 b/

Bahamas                                                                                                         6 October 1993 a/

Bangladesh                                                                                                    6 November 1984 a/, b/

Barbados                                           24 July 1980                                       16 October 1980

Belarus                                               17 July 1980                                       4 February 1981 c/

Belgium                                              17 July 1980                                       10 July 1985 b/

Belize                                                  7 March 1990                                      16 May 1990

Benin                                                  11 November 1981                             12 March 1992

Bhutan                                                17 July 1980                                       31 August 1981

Bolivia                                                30 May 1980                                       10 May 1990

Bosnia and Herzegovina                                                                               1 September 1993 d/

Brazil                                                  31 March 1981                                    1 February 1984 b/

 

                                                     Date of receipt of the

                                                     instrument of ratification,

       State Date of signature accession or succession

 

Bulgaria                                              17 July 1980                                       8 February 1982 b/

Burkina Faso                                                                                                  14 October 1987 a/

Burundi                                              17 July 1980                                       9 January 1992

Cambodia                                           17 October 1980                                15 October 1992 a/

Cameroon                                          6 June 1983

Canada                                               17 July 1980                                       10 December 1981 b/

Cape Verde                                                                                                     5 December 1980 a/

Central African Republic                                                                               21 June 1991 a/

Chile                                                   17 July 1980 b/                                   7 December 1989

China                                                  17 July 1980                                       4 November 1980 b/

Colombia                                            17 July 1980                                       19 January 1982

Congo                                                 29 July 1980                                       26 July 1982

Costa Rica                                         17 July 1980                                       4 April 1986

Côte d'Ivoire                                      17 July 1980

Croatia                                                                                                            9 September 1992 d/

Cuba                                                   6 March 1980                                      17 July 1980 b/

Cyprus                                                                                                            23 July 1985 a/, b/

Czech Republic e/                                                                                          22 February 1993 d/

Denmark                                             17 July 1980                                       21 April 1983

Dominica                                            15 September 1980                            15 September 1980

Dominican Republic                          17 July 1980                                       2 September 1982

Ecuador                                              17 July 1980                                       9 November 1981

Egypt                                                  16 July 1980                                       18 September 1981 b/

El Salvador                                        14 November 1980                             19 August 1981 b/

Equatorial Guinea                                                                                          23 October 1984 a/

Estonia                                                                                                            21 October 1991 a/

Ethiopia                                              8 July 1980                                         10 September 1981 b/

Finland                                               17 July 1980                                       4 September 1986

France                                                17 July 1980                                       14 December 1983 b/, c/

Gabon                                                 17 July 1980                                       21 January 1983

Gambia                                               29 July 1980                                       16 April 1993

Germany                                            17 July 1980                                       10 July 1985 b/

Ghana                                                 17 July 1980                                       2 January 1986

Greece                                                2 March 1982                                      7 June 1983

Grenada                                             17 July 1980                                       30 August 1990

Guatemala                                          8 June 1981                                        12 August 1982

Guinea                                                17 July 1980                                       9 August 1982

Guinea-Bissau                                   17 July 1980                                       23 August 1985

Guyana                                               17 July 1980                                       17 July 1980

Haiti                                                    17 July 1980                                       20 July 1981

Honduras                                           11 June 1980                                      3 March 1983

Hungary                                             6 June 1980                                        22 December 1980 b/

Iceland                                                24 July 1980                                       18 June 1985

India                                                    30 July 1980 b/                                   9 July 1993

Indonesia                                           29 July 1980                                       13 September 1984 b/

Iraq                                                                                                                  13 August 1986 a/, b/

Ireland                                                                                                             23 December 1985 a/, b/

Israel                                                   17 July 1980                                       3 October 1991 b/

                                                     Date of receipt of the

                                                     instrument of ratification,

       State Date of signature accession or succession

 

Italy                                                     17 July 1980 b/                                   10 June 1985

Jamaica                                              17 July 1980                                       19 October 1984 b/

Japan                                                  17 July 1980                                       25 June 1985

Jordan                                                3 December 1980 b/                           20 June 1992

Kenya                                                                                                              9 March 1984 a/

Lao People's Democratic

  Republic                                            17 July 1980                                       14 August 1981

Latvia                                                                                                              14 April 1992 a/

Lesotho                                              17 July 1980

Liberia                                                                                                             17 July 1984 a/

Libyan Arab Jamahiriya                                                                                16 May 1989 a/, b/

Luxembourg                                      17 July 1980                                       2 February 1989 b/

Madagascar                                       17 July 1980                                       17 March 1989

Maldives                                                                                                         1 June 1993 b/

Malawi                                                                                                             12 March 1987 a/, b/

Mali                                                     5 February 1985                                 10 September 1985

Malta                                                                                                               8 March 1991 a/, b/

Mauritius                                                                                                         9 July 1984 a/, b/

Mexico                                                17 July 1980 b/                                   23 March 1981

Mongolia                                            17 July 1980 b/                                   20 July 1981 b/

Morocco                                                                                                          21 June 1993 b/

Namibia                                                                                                           23 November 1992 a/

Nepal                                                                                                               22 April 1991

Netherlands                                       17 July 1980                                       23 July 1991

New Zealand                                      17 July 1980                                       10 January 1985 b/, c/

Nicaragua                                           17 July 1980                                       27 October 1981

Nigeria                                                23 April 1984                                      13 June 1985

Norway                                               17 July 1980                                       21 May 1981

Panama                                              26 June 1980                                      29 October 1981

Paraguay                                                                                                        6 April 1987 a/

Peru                                                    23 July 1981                                       13 September 1982

Philippines                                         15 July 1980                                       5 August 1981

Poland                                                29 May 1980                                       30 July 1980 b/

Portugal                                             24 April 1980                                      30 July 1980

Republic of Korea                             25 May 1983                                       27 December 1984 b/

Romania                                             4 September 1980                              7 January 1982 b/

Russian Federation                           17 July 1980                                       23 January 1981 c/

Rwanda                                              1 May 1980                                         2 March 1981

Saint Kitts and Nevis                                                                                     25 April 1985 a/

Saint Lucia                                                                                                     8 October 1982 a/

Saint Vincent and the

  Grenadines                                                                                                    4 August 1981 a/

Samoa                                                                                                             25 September 1992 a/

Senegal                                              29 July 1980                                       5 February 1985

Seychelles                                                                                                      5 May 1992 a/

Sierra Leone                                      21 September 1988                            11 November 1988

Slovakia e/                                                                                                      25 May 1993 d/

 

                                                     Date of receipt of the

                                                     instrument of ratification,

       State Date of signature accession or succession

 

Slovenia                                                                                                          6 July 1992

Spain                                                  17 July 1980                                       5 January 1984 b/

South Africa                                       29 January 1993 

Sri Lanka                                            17 July 1980                                       5 October 1981

Suriname                                                                                                        1 March 1993 a/

Sweden                                              7 March 1980                                      2 July 1980

Switzerland                                        23 January 1987

Tajikistan                                                                                                        26 October 1993 a/

Thailand                                                                                                          9 August 1985 a/, b/

Togo                                                                                                                26 September 1983 a/

Trinidad and Tobago                         27 June 1985 b/                                  12 January 1990 b/

Tunisia                                               24 July 1980                                       20 September 1985 b/

Turkey                                                                                                             20 December 1985

Uganda                                               30 July 1980                                       22 July 1985

Ukraine                                               17 July 1980                                       12 March 1981 c/

United Kingdom of Great

  Britain and Northern

  Ireland                                               22 July 1981 b/                                   7 April 1986 b/

United Republic of

  Tanzania                                            17 July 1980                                       20 August 1985

United States of America                  17 July 1980

Uruguay                                             30 March 1981                                    9 October 1981

Venezuela                                          17 July 1980                                       2 May 1983 b/

Viet Nam                                             29 July 1980                                       17 February 1982 b/

Yemen                                                                                                             30 May 1984 a/, b/

Yugoslavia                                         17 July 1980                                       26 February 1982

Zaire                                                   17 July 1980                                       17 October 1986

Zambia                                               17 July 1980                                       21 June 1985

Zimbabwe                                                                                                       13 May 1991 a/

 

________________________

 

          a/       Accession.

 

          b/       Declarations or reservations.

 

          c/       Reservation subsequently withdrawn.

 

          d/       Succession.

 

          e/       Before becoming separate States on 1 January 1993, the Czech Republic and Slovakia formed part of Czechoslovakia, which had ratified the Convention on 16 January 1982.

 

 

 


B. Texts of declarations and reservations

 

Argentina

 

                                                            [Original: Spanish]

 

                                                            [15 July 1985]

 

Reservation

 

          The Government of Argentina declares that it does not consider itself bound by article 29, paragraph 1, of the Convention on the Elimination of All Forms of Discrimination against Women.

 

 

Australia

 

                                                                                                                                 [Original: English]

 

                                                                                                                                 [28 July 1983]

 

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.

 

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) (b) to introduce maternity leave with pay or with comparable social benefits throughout Australia.

 

          The Government of Australia advises that it does not accept the application of the Convention in so far as it would require alteration of Defence Force policy which excludes women from combat and combat-related duties. The Government of Australia is reviewing this policy so as to more closely define "combat" and "combat-related duties".

 

 

Austria

 

                                                                                                                                 [Original: English]

 

                                                                                                                                 [31 March 1982]

 

Reservation

 

          Austria reserves its right to apply the provision of article 7 (b) as far as service in the armed forces is concerned, and the provision of article 11 as far as night work of women and special protection of working women is concerned, within the limits established by national legislation.

 

 

Bangladesh

 

                                                                                                                                 [Original: English]

 

                                                                                                                                 [6 November 1984]

 

Reservation

 

          The Government of the People's Republic of Bangladesh does not consider as binding upon itself the provisions of articles 2, 13 (a) and 16.1 (c) and (f) as they conflict with Shariah law based on Holy Qur'an and Sunna.

 

 

Belgium

 

                                                                                                                                 [Original: French]

 

                                                                                                                                 [3 July 1985]

 

Reservations

 

          Article 7

 

          The application of article 7 shall not affect the validity of the provisions of the Constitution as laid down in article 60, which reserves for men the exercise of royal powers, and in article 58, which reserves for the sons of the King or, where there are none, for Belgian princes of the branch of the royal family in line to the throne, the function of ex officio senators as from the age of 18 years, with entitlement to vote as from the age of 25 years.

 

          Article 15

 

          The application of article 15, paragraphs 2 and 3, shall not affect the validity of the interim provisions enacted for couples married before the entry into force of the Act of 14 July 1976 concerning the reciprocal rights and duties of husbands and wives and their marriage contracts, in cases where, in accordance with the option available to them under the Act, they have declared they are maintaining in toto their prior marriage contracts.

 

Brazil

 

                                                                                                                                 [Original: English]

 

                                                                                                                                 [1 February 1984]

 

Reservations

 

          The Government of the Federative Republic of Brazil hereby expresses its reservations to article 15, paragraph 4, and article 16, paragraphs 1 (a), (c), (g) and (h), of the Convention on the Elimination of All Forms of Discrimination against Women.

 

          Furthermore, Brazil does not consider itself bound by article 29, paragraph 1, of the above-mentioned Convention.

 

 

China

 

                                                                                                                                 [Original: Chinese]

 

                                                                                                                                 [4 November 1980]

 

Reservation

 

          The People's Republic of China does not consider itself bound by paragraph 1 of article 29 of the Convention.

 

 

Cuba

 

                                                                                                                                 [Original: Spanish]

 

                                                                                                                                 [17 July 1980]

 

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 by means of direct negotiations through the diplomatic channel.

 

 

Cyprus

 

                                                                                                                                 [Original: English]

 

                                                                                                                                 [23 July 1985]

 

Reservation

 

          In depositing this instrument of accession, the Government of the Republic of Cyprus wishes to enter a reservation concerning the granting to women of equal rights with men with respect to the nationality of their children, mentioned in article 9, paragraph 2, of the Convention. This reservation is to be withdrawn upon amendment of the relevant Law.

 

 

Egypt

 

                                                                                                                                 [Original: Arabic]

 

                                                                                                                                 [18 September 1981]

 

Reservations

 

          Article 9

 

          Reservation to the text of article 9, paragraph 2, concerning the granting to women of equal rights with men with respect to the nationality of their children, without prejudice to the acquisition by a child born of a marriage of the nationality of his father. This is in order to prevent a child's acquisition of two nationalities, since this may be prejudicial to his future. It is clear that the child's acquisition of his father's nationality is the procedure most suitable for the child and that this does not infringe upon the principle of equality between men and women, since it is customary for a woman to agree, upon marrying an alien, that her children shall be of the father's nationality.

 

          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 Shariah 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 complementarity which guarantees true equality between the spouses, not a quasi-equality that renders the marriage a burden on the wife. The provisions of the Shariah 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 Shariah 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.

 

          Article 29

 

          The Egyptian delegation maintains the reservation contained in article 29, paragraph 2, concerning the right of a State signatory to the Convention to declare that it does not consider itself bound by paragraph 1 of that article concerning the submission to an arbitral body of any dispute which may arise between States concerning the interpretation or application of the Convention. This is in order to avoid being bound by the system of arbitration in this field.

 

          General reservation to 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 Shariah.

 

 

El Salvador

 

                                                                                                                                 [Original: Spanish]

 

                                                                                                                                 [19 August 1981]

 

Reservation

 

          The Government of El Salvador made a reservation with regard to the application of the provisions of article 29, paragraph 1, of the Convention.

 

 

Ethiopia

 

                                                                                                                                 [Original: English]

 

                                                                                                                                 [10 September 1981]

 

Reservation

 

          In ratifying the said Convention, Socialist Ethiopia does not consider itself bound by paragraph 1 of article 29 of the Convention.

 

 

France

 

                                                                                                                                 [Original: French]

 

                                                                                                                                 [14 December 1983]

 

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

 

          The Government of the French Republic enters a reservation concerning the right to choose a family name mentioned in article 16, paragraph 1 (g), of the Convention.

 

          Article 29

 

          The Government of the French Republic declares, in pursuance of article 29, paragraph 2, of the Convention, that it will not be bound by the provisions of article 29, paragraph 1.

 

 

Germany

 

                                                                                                                                 [Original: English]

 

                                                                                                                                 [10 July 1985]

 

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 eleventh paragraph of the preamble accordingly.

 

Reservation

 

          Article 7 (b) will not be applied to the extent that it contradicts the second sentence of article 12 a (4) of the Basic Law of the Federal Republic of Germany. Pursuant to this provision of the Constitution, women may on no account render service involving the use of arms.

 

 

Indonesia

 

                                                                                                                                 [Original: English]

 

                                                                                                                                 [13 September 1984]

 

Reservation

 

          The Government of the Republic of Indonesia does not consider itself bound by the provision of article 29, paragraph 1, of this Convention and takes the position that any dispute relating to the interpretation or application of the Convention may only be submitted to arbitration or to the International Court of Justice with the agreement of all the parties to the dispute.

 

 

Iraq

 

                                                                                                                                 [Original: Arabic]

 

                                                                                                                                 [13 August 1986]

 

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 reservations to this last-mentioned article shall be without prejudice to the provisions of the Islamic Shariah according women rights equivalent to the rights of their spouses so as to ensure a just balance between them. Iraq also enters a reservation to article 29, paragraph 1, of this Convention with regard to the principle of international arbitration in connection with the interpretation or application of this Convention.

 

2.       This approval in no way implies recognition of or entry into any relations with Israel.

 

 

Ireland

 

                                                                                                                                 [Original: English]

 

                                                                                                                                 [23 December 1985]

 

Reservations

 

          Article 13, subparagraphs (b) and (c)

 

          The question of supplementing the guarantee of equality contained in the Irish Constitution with special legislation governing access to financial credit and other services and recreational activities, where these are provided by private persons, organizations or enterprises, is under consideration. For the time being Ireland reserves the right to regard its existing law and measures in this area as appropriate for the attainment in Ireland of the objectives of the Convention.

 

          Article 15

 

          With regard to paragraph 3 of this article, Ireland reserves the right not to supplement the existing provisions in Irish law which accord women a legal capacity identical to that of men with further legislation governing the validity of any contract or other private instrument freely entered into by a woman.

 

          Article 16, paragraph 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.

 

 

Israel

 

                                                                                                                                 [Original: English]

 

                                                                                                                                 [3 October 1991]

 

Reservation

 

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 aspects of public life.

 

2.       The State of Israel hereby expresses its reservation with regard to article 16 of the Convention, in so far as the laws of personal status binding on the several religious communities in Israel do not conform with the provisions of that article.

 

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.

 

 

Jamaica

 

                                                                                                                                 [Original: English]

 

                                                                                                                                  [19 October 1984]

 

Reservations

 

          The Government of Jamaica does not consider itself bound by the provisions of article 9, paragraph 2, of the Convention.

 

          The Government of Jamaica declares that it does not consider itself bound by the provisions of article 29, paragraph 1, of the Convention.

 

 

Jordan

 

                                                                                                                                 [Original: Arabic]

 

                                                                                                                                 [1 July 1992]

 

Reservation

 

          The Hashemite Kingdom of Jordan hereby registers its reservation and does not consider itself bound by the provisions of article 9, paragraph 2; article 15, paragraph 4 (a woman's residence and domicile are with her husband); the wording of article 16 (c) (in relation to the rights arising upon the dissolution of a marriage in connection with maintenance and compensation); and article 16 (d) and (g) of the Convention.

 

 

Libyan Arab Jamahiriya

 

                                                                                                                                 [Original: Arabic]

 

                                                                                                                                 [16 May 1989]

 

Reservation

 

          The accession is subject to the general reservation that such accession cannot conflict with the laws on personal status derived from the Islamic Shariah.

 

 

Luxembourg

 

                                                                                                                                 [Original: French]

 

                                                                                                                                 [2 February 1989]

 

Reservations

 

          (a)      The application of article 7 shall not affect the validity of the article of our Constitution concerning the hereditary transmission of the crown of the Grand Duchy of Luxembourg, in accordance with the family compact of the House of Nassau of 30 June 1783, maintained by article 71 of the Treaty of Vienna of 9 June 1815 and expressly maintained by article 1 of the Treaty of London of 11 May 1867.

 

          (b)      The application of paragraph 1 (g) of article 16 of the Convention shall not affect the right to choose the family name of children.

 

 

Maldives

 

                                                                                                                                 [Original: English]

 

                                                                                                                                 [1 June 1993]

 

Reservations

 

          The Government of the Republic of Maldives will comply with the provisions of the Convention, except those which the Government may consider contradictory to the principles of the Islamic Shariah upon which the laws and traditions of the Maldives are founded.

 

          Furthermore, the Republic of Maldives does not see itself bound by any provision of the Convention which obliges to change its constitution and laws in any manner.

 

 

Malta

 

                                                                                                                                 [Original: English]

 

                                                                                                                                 [8 March 1991]

 

Reservations

 

          Article 11

 

          The Government of Malta interprets paragraph 1 of article 11, in the light of the 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.

 

          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.

 

          Articles 13, 15 and 16

 

          While the Government of Malta is committed to remove, in so far as possible, all aspects of family 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.

 

          Article 16

 

          The Government of Malta does not consider itself bound by subparagraph (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.

 

 

Mauritius

 

                                                                                                                                 [Original: English]

 

                                                                                                                                 [9 July 1984]

 

Reservations

 

          The Government of Mauritius does not consider itself bound by subparagraphs (b) and (d) of paragraph 1 of article 11 and subparagraph (g) of paragraph 1 of article 16.

 

          The Government of Mauritius does not consider itself bound by paragraph 1 of article 29 of the Convention, in pursuance of paragraph 2 of article 29.

 

 

Morocco

 

                                                                                                                                 [Original: French]

 

                                                                                                                                 [21 June 1993]

 

A.       Declarations

 

1.       With regard to article 2:

 

          The Government of the Kingdom of Morocco expresses its readiness to apply the provisions of this article provided that:

 

          -         They are without prejudice to the constitutional requirements 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 rights 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.

 

B.       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 by declaring, within two years of reaching the age of majority, its desire to acquire that nationality, provided that, on making such declaration, its customary and regular residence is in Morocco.

 

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 the rights and responsibilities within a framework of equilibrium and complementarity 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.

 

          Furthermore, 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.

 

 

Netherlands

 

                                                                                                                                 [Original: English]

 

                                                                                                                                 [30 July 1980]

 

Declaration

 

          During the preparatory stages of the present Convention and in the course of debates on it in the General Assembly the position of the Government of the Kingdom of the Netherlands was that it was not desirable to introduce political considerations such as those contained in paragraphs 10 and 11 of the preamble in a legal instrument of this nature. Moreover, the considerations are not directly related to the achievement of total equality between men and women. The Government of the Kingdom of the Netherlands considers that it must recall its objections to the said paragraphs in the preamble at this occasion.

 

 

New Zealand

 

                                                                                                                                 [Original: English]

 

                                                                                                                                 [10 January 1985]

 

Reservations

 

          The Government of New Zealand, the Government of the Cook Islands and the Government of Niue reserve the right not to apply the provisions of the Convention in so far as they are inconsistent with policies relating to recruitment into or service in:

 

          (a)      The Armed Forces which reflect either directly or indirectly the fact that members of such forces are required to serve on armed forces aircraft or vessels and in situations involving armed combat; or

 

          (b)      The law enforcement forces which reflect either directly or indirectly the fact that members of such forces are required to serve in situations involving violence or threat of violence;

 

          The Government of the Cook Islands reserves the right not to apply article 2 (f) and article 5 (a) to the extent that the customs governing the inheritance of certain Cook Islands chief titles may be inconsistent with those provisions.

 

 

Poland

 

                                                                                                                                 [Original: English]

 

                                                                                                                                 [30 July 1980]

 

Reservation

 

          The People's Republic of Poland does not consider itself bound by article 29, paragraph 1, of the Convention.

 

 

Republic of Korea

 

                                                                                                                                 [Original: English]

 

                                                                                                                                 [27 December 1984]

 

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 article 9 and subparagraphs (c), (d), (f) and (g) of paragraph 1 of article 16 of the Convention.

 

 

Romania

 

                                                                                                                                 [Original: French]

 

                                                                                                                                 [7 January 1982]

 

Reservations

 

1.       The Socialist Republic of Romania states that it does not consider itself bound by the provisions of article 29, paragraph 1, of the Convention, whereby any dispute between two or more States 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.

 

2.       Romania believes that such disputes may be submitted to arbitration only with the consent of all States parties to the dispute, for each specific case.

 

 

Spain

 

                                                                                                                                 [Original: Spanish]

 

                                                                                                                                 [5 January 1984]

 

Declaration

 

          The ratification of the Convention by Spain shall not affect the constitutional provisions concerning succession to the Spanish crown.

 

 

Thailand

 

                                                                                                                                 [Original: English]

 

                                                                                                                                 [9 August 1985]

 

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

 

1.       In all matters which concern national security maintenance of public order and service or employment in the military or paramilitary forces, the Royal Thai Government reserves its right to apply the provisions of the Convention on the Elimination of All Forms of Discrimination against Women, in particular articles 7 and 10, only within the limits established by national laws, regulations and practices.

 

2.       With regard to article 9, paragraph 2, and article 11, paragraph 1 (b), as far as night work of women and special protection of working women are concerned, the Royal Thai Government considers that the application of the said provisions shall be subject to the limits and criteria established by national laws, regulations and practices.

 

3.       The Royal Thai Government does not consider itself bound by the provisions of article 15, paragraph 3, article 16 and article 29, paragraph 1, of the Convention.

 

 

Trinidad and Tobago

 

                                                                                                                                 [Original: English]

 

                                                                                                                                 [12 January 1990]

 

Reservation

 

          The Republic of Trinidad and Tobago declares that it does not consider itself bound by article 29 (1) of the said Convention, relating to the settlement of disputes.

 

 

Tunisia

 

                                                                                                                                 [Original: Arabic]

 

                                                                                                                                 [20 September 1985]

 

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.

 

Declaration concerning article 15

 

          In accordance with the provisions of the Vienna Convention on the Law of Treaties, dated 23 May 1969, the Tunisian Government emphasizes that the requirements of article 15, paragraph 4, of the Convention on the Elimination of All Forms of Discrimination against Women, and particularly that part relating to the right of women to choose their residence and domicile, must not be interpreted in a manner which conflicts with the provisions of the Personal Status Code on this subject, as set forth in chapters 23 and 61 of the Code.

 

Reservations

 

          Article 9

 

          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.

 

          Article 16

 

          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.

 

          Article 29

 

          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.

 

 

Turkey

 

                                                                                                                                 [Original: English]

 

                                                                                                                                 [20 December 1985]

 

Declaration

 

          The Government of the Republic of Turkey declares that article 9, paragraph 1, of the Convention is not in conflict with the provisions of article 5, paragraph 1, and articles 15 and 17 of the Turkish Law on Nationality, relating to the acquisition of citizenship, since the intent of those provisions regulating acquisition of citizenship through marriage is to prevent statelessness.

 

Reservations

 

          The Government of the Republic of Turkey [makes reservations] with regard to the articles of the Convention dealing with family relations which are not completely compatible with the provisions of the Turkish Civil Code, in particular, article 15, paragraphs 2 and 4, and article 16, paragraph 1 (c), (d), (f) and (g), as well as with respect to article 29, paragraph 1. In pursuance of article 29, paragraph 2, of the Convention, the Government of the Republic of Turkey declares that it does not consider itself bound by paragraph 1 of this article.

 

 

United Kingdom of Great Britain and Northern Ireland

 

                                                                                                                                 [Original: English]

 

                                                                                                                                 [7 April 1986]

 

Declarations and reservations

 

               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.

 

          (b)      The United Kingdom reserves the right to regard the provisions of the Sex Discrimination Act 1975, the Employment Protection (Consolidation) Act 1978, the Employment Act 1980, the Sex Discrimination (Northern Ireland) Order 1976, the Industrial Relations (No. 2) (Northern Ireland) Order 1976, the Industrial Relations (Northern Ireland) Order 1982, the Equal Pay Act 1970 (as amended) and the Equal Pay Act (Northern Ireland) 1970 (as amended), including the exceptions and exemptions contained in any of these Acts and Orders, as constituting appropriate measures for the practical realization of the objectives of the Convention in the social and economic circumstances of the United Kingdom, and to continue to apply these provisions accordingly; this reservation will apply equally to any future legislation which may modify or replace the above Acts and Orders on the understanding that the terms of such legislation will be compatible with the United Kingdom's obligations under the Convention.

 

          (c)      In the light of the definition contained in article 1, the United Kingdom's ratification is subject to the understanding that none of its obligations under the Convention shall be treated as extending to the succession to, or possession and enjoyment of, the Throne, the peerage, titles of honour, social precedence or armorial bearings, or as extending to the affairs of religious denominations or orders or to the admission into or service in the Armed Forces of the Crown.

 

          (d)      The United Kingdom reserves the right to continue to apply such immigration legislation governing entry into, stay in and departure from the United Kingdom as it may deem necessary from time to time and, accordingly, its acceptance of article 15 (4) and of the other provisions of the Convention is subject to the provisions of any such legislation as regards persons not at the time having the right under the law of the United Kingdom to enter and remain in the United Kingdom.

 

 

          Article 1

 

          With reference to the provisions of the Sex Discrimination Act 1975 and other applicable legislation, the United Kingdom's acceptance of article 1 is subject to the reservation that the phrase "irrespective of their marital status" shall not be taken to render discriminatory any difference of treatment accorded to single persons as against married persons, so long as there is equality of treatment as between married men and married women and as between single men and single women.

 

          Article 2

 

          In the light of the substantial progress already achieved in the United Kingdom in promoting the progressive elimination of discrimination against women, the United Kingdom reserves the right, without prejudice to the other reservations made by the United Kingdom, to give effect to subparagraphs (f) and (g) by keeping under review such of its laws and regulations as may still embody significant differences in treatment between men and women with a view to making changes to those laws and regulations when to do so would be compatible with essential and overriding considerations of economic policy. In relation to forms of discrimination more precisely prohibited by other provisions of the Convention, the obligations under this article must (in the case of the United Kingdom) be read in conjunction with the other reservations and declarations made in respect of those provisions including the declarations and reservations of the United Kingdom contained in paragraphs (a)-(d) above.

 

          With regard to subparagraphs (f) and (g) of this article the United Kingdom reserves the right to continue to apply its law relating to sexual offences and prostitution; this reservation will apply equally to any future law which may modify or replace it.

 

          Article 9

 

          The British Nationality Act 1981, which was brought into force with effect from January 1983, is based on principles which do not allow of any discrimination against women within the meaning of article 1 as regards acquisition, change or retention of their nationality or as regards the nationality of their children. The United Kingdom's acceptance of article 9 shall not, however, be taken to invalidate the continuation of certain temporary or transitional provisions which will continue in force beyond that date.

 

          The United Kingdom reserves the right to take such steps as may be necessary to comply with its obligations under article 2 of the First Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms signed at Paris on 20 March 1952 and its obligations under paragraph 3 of article 13 of the International Covenant on Economic, Social and Cultural Rights opened for signature at New York on 19 December 1966, to the extent that the said provisions preserve the freedom of parental choice in respect of the education of children; and reserves also the right not to take any measures which may conflict with its obligation under paragraph 4 of article 13 of the said Covenant not to interfere with the liberty of individuals and bodies to establish and direct educational institutions, subject to the observation of certain principles and standards.

 

          Article 10

 

          The United Kingdom can only accept the obligations under subparagraph (c) of article 10 within the limits of the statutory powers of the central Government, in the light of the fact that the teaching curriculum, the provision of textbooks and teaching methods are reserved for local control and are not subject to central Government direction; moreover, the acceptance of the objective of encouraging coeducation is without prejudice to the right of the United Kingdom also to encourage other types of education.

 

          Article 11

 

          The United Kingdom interprets the "right to work" referred to in paragraph 1 (a) as a reference to the "right to work" as defined in other human rights instruments to which the United Kingdom is a party, notably article 6 of the International Covenant on Economic, Social and Cultural Rights of 19 December 1966.

 

          The United Kingdom interprets paragraph 1 of article 11 in the light of the provisions of paragraph 2 of article 4, as not precluding prohibitions, restrictions or conditions on the employment of women in certain areas, or on 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 the United Kingdom; the United Kingdom declares that, in the event of a conflict between obligations under the present Convention and its obligations under the Convention concerning the employment of women on underground work in mines of all kinds (ILO Convention No. 45), the provisions of the last-mentioned Convention shall prevail.

 

          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:

 

          (a)      Social security benefits for persons engaged in caring for a severely disabled person under section 37 of the Social Security Act 1975 and section 37 of the Social Security (Northern Ireland) Act 1975;

 

          (b)      Increases of benefit 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;

 

          (c)      Retirement pensions and survivors' benefits under the Social Security Acts 1975 to 1982 and the Social Security (Northern Ireland) Acts 1975 to 1982;

 

          (d)      Family income supplements under the Family Income Supplements Act 1970 and the Family Income Supplements Act (Northern Ireland) 1971.

 

          This reservation will apply equally to any future legislation which may modify or replace any of the provisions specified in subparagraphs (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

 

          The United Kingdom reserves the right, notwithstanding the obligations undertaken in article 13, or any other relevant article of the Convention, to continue to apply the income tax and capital gains tax legislation which:

 

          (i)       Deems for income tax purposes the income of a married woman living with her husband in a year, or part of a year, of assessment to be her husband's income and not to be her income (subject to the right of the husband and the wife to elect jointly that the wife's earned income shall be charged to income tax as if she were a single woman with no other income); and

 

    (ii)              Requires tax in respect of such income and of chargeable gains accruing to such a married woman to be assessed on her husband (subject to the right of either of them to apply for separate assessment) and consequently (if no such application is made) restricts to her husband the right to appeal against any such assessment and to be heard or to be represented at the hearing of any such appeal; and

 

   (iii)              Entitles a man who has his wife living with him, or whose wife is wholly maintained by him, during the year of assessment to a deduction from his total income of an amount larger than that to which an individual in any other case is entitled and entitles an individual whose total income includes any earned income of his wife to have that deduction increased by the amount of that earned income or by an amount specified in the legislation whichever is the less.

 

          Article 15

 

          In relation to article 15, paragraph 2, the United Kingdom understands the term "legal capacity" as referring merely to the existence of a separate and distinct legal personality.

 

          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 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.

 

          The United Kingdom's acceptance of paragraph 1 of article 16 shall not be treated as either limiting the freedom of a person to dispose of his property as he wishes or as giving a person a right to property the subject of such a limitation.

 

 

         B. On behalf of the British Virgin Islands, the Falkland Islands

             (Malvinas), the Isle of Man, South Georgia and the South

             Sandwich Islands, and the Turks and Caicos Islands

 

          [Same declarations and reservations as those made in respect of the United Kingdom under section A, paragraphs (a), (c) and (d) except that in the case of (d) they apply 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 to the laws of the United Kingdom.]

 

          Article 9

 

          [Same reservation as the one made in respect of the United Kingdom.]

 

          Article 11

 

          [Same reservations as those made in respect of the United Kingdom except that 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 subparagraphs (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).

 

          Articles 13, 15 and 16

 

          [Same reservations as those made in respect of the United Kingdom.]

 

 

Venezuela

 

                                                                                                                                 [Original: Spanish]

 

                                                                                                                                 [2 May 1983]

 

Reservation

 

          Venezuela makes a formal reservation with regard to article 29, paragraph 1, of the Convention, since it does not accept arbitration or the jurisdiction of the International Court of Justice for the settlement of disputes concerning the interpretation or application of this Convention.

 

 

Viet Nam

 

                                                                                                                                 [Original: French]

 

                                                                                                                                 [17 February 1982]

 

Reservation

 

          The Socialist Republic of Viet Nam will not be bound by the provisions of paragraph 1 of article 29.

 

 

Yemen*

 

                                                                                                                                 [Original: Arabic]

 

                                                                                                                                 [30 May 1984]

 

          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.

 

 

C. Objections to certain declarations and reservations

 

            Objection by Argentina to the application of the Convention

            to the Falkland Islands (Malvinas), and South Georgia and

            the South Sandwich Islands by the United Kingdom, notified

upon ratification

 

                                                                                                                                 [Original: Spanish]

 

                                                                                                                                 [4 April 1989]

 

          The Republic of Argentina rejects the extension of the territorial application of the Convention on the Elimination of All Forms of Discrimination against Women, adopted by the United Nations General Assembly on 18 December 1979, to the Malvinas (Falkland) Islands, South Georgia and the South Sandwich Islands, notified by the Government of the United Kingdom of Great Britain and Northern Ireland upon its ratification of that instrument on 7 April 1986.

 

          The Republic of Argentina reaffirms its sovereignty over the aforementioned archipelagos, which are an integral part of its national territory, and recalls that the General Assembly has adopted resolutions 2065 (XX), 3160 (XXVIII), 31/49, 37/9, 38/12 and 39/6, in which a sovereignty dispute is recognized and the Governments of Argentina and the United Kingdom are urged to resume negotiations in order to find as soon as possible a peaceful and lasting solution to the dispute and their remaining differences relating to this question, through the good offices of the Secretary-General. The General Assembly has also adopted resolutions 40/21, 41/40, 42/19 and 43/25, which reiterate its request to the parties to resume such negotiations.

 

 

 

 

 

 

 

________________________

 

          *         Ratification was effected by the former Democratic Yemen.

 

Communication of the United Kingdom concerning the

objection of Argentina

 

                                                                                                                                 [Original: English]

 

                                                                                                                                 [27 November 1989]

 

          The Government of the United Kingdom of Great Britain and Northern Ireland rejects the statement made by the Government of Argentina on 4 April 1989 regarding the Falkland Islands and South Georgia and the South Sandwich Islands. The Government of the United Kingdom of Great Britain and Northern Ireland has no doubt as to British sovereignty over the Falkland Islands and South Georgia and the South Sandwich Islands, and its consequent right to extend treaties to those Territories.

 

 

Objection by Denmark to the reservation made by the

Libyan Arab Jamahiriya upon accession

 

                                                                                                                                 [Original: English]

 

                                                                                                                                 [3 July 1990]

 

          The Government of Denmark has taken note of the reservation made by the Libyan Arab Jamahiriya when acceding to the Convention on the Elimination of All Forms of Discrimination against Women. In the view of the Government of Denmark this reservation is subject to the general principle of treaty interpretation according to which a party may not invoke the provisions of its internal law as justification for failure to perform a treaty.

 

 

Objection by Finland to the reservation made by the

Libyan Arab Jamahiriya upon accession

 

                                                                                                                                 [Original: English]

 

                                                                                                                                 [8 June 1990]

 

          The Government of Finland has examined the contents of the reservation made by the Libyan Arab Jamahiriya and considers the said reservation as being incompatible with the object and purpose of the Convention. The Government of Finland therefore enters its formal objection to this reservation.

 

          This objection is not an obstacle to the entry into force of the said Convention between Finland and the Libyan Arab Jamahiriya.

 

 

 

           Objections by Germany to the reservations made by Bangladesh,

           Iraq, the Libyan Arab Jamahiriya, Malawi, Mauritius, Thailand

           and Turkey upon accession and by Brazil, Egypt, Jamaica, the

Republic of Korea and Tunisia upon ratification

 

                                                                                                                                 [Original: English]

 

                                                                                                                                 [10 July 1985]

 

          The Federal Republic of Germany considers that the reservations made by Egypt regarding article 2, article 9, paragraph 2, and article 16 by Bangladesh regarding article 2, article 13 (a) and article 16, paragraphs 1 (c) and (f), by Brazil regarding article 15, paragraph 4, and article 16, paragraph 1 (a), (c), (g) and (h), by Jamaica regarding article 9, paragraph 2, by the Republic of Korea regarding article 9 and article 16, paragraph 1 (c), (d), (f) and (g), and by Mauritius regarding article 11, paragraph 1 (b) and (d), and article 16, paragraph 1 (g), are incompatible with the object and purpose of the Convention (article 28, paragraph 2) and therefore objects to them. In relation to the Federal Republic of Germany, they may not be invoked in support of a legal practice which does not pay due regard to the legal status afforded to women and children in the Federal Republic of Germany in conformity with the above-mentioned articles of the Convention.

 

          This objection shall not preclude the entry into force of the Convention as between Egypt, Bangladesh, Brazil, Jamaica, the Republic of Korea, Mauritius and the Federal Republic of Germany.

 

          Objections, identical in essence, mutatis mutandis, were also formulated by the Government of the Federal Republic of Germany in regard to reservations received from various States, as follows:

 

          (a)      Thailand, 15 October 1986: In respect of reservations formulated by the Government of Thailand concerning article 9, paragraph 2, article 10, article 11, paragraph 1 (b), article 15, paragraph 3, and article 16. (The Federal Republic of Germany also holds the view that the reservation made by Thailand regarding article 7 of the Convention is likewise incompatible with the object and purpose of the Convention because for all matters which concern national security it reserves in a general and thus unspecific manner the right of the Royal Thai Government to apply the provisions only within the limits established by national laws, regulations and practices.);

 

          (b)      Tunisia, 15 October 1986: In respect of reservations and some declarations formulated by the Government of Tunisia concerning article 9, paragraph 2, and article 16, as well as the declaration concerning article 15, paragraph 4;

 

          (c)      Turkey, 3 March 1987: In respect of reservations made by the Government of Turkey to article 15, paragraphs 2 and 4, and article 16, paragraph 1 (c), (d), (f) and (g);

 

          (d)      Iraq, 3 March 1987: In respect of reservations made by the Government of Iraq with regard to article 2, subparagraphs (f) and (g), article 9 and article 16;

 

          (e)      Malawi, 7 April 1988: In respect of the first reservation made by the Government of Malawi;

 

          (f)       Libyan Arab Jamahiriya, 20 June 1990: In respect of the reservation made by the Government of the Libyan Arab Jamahiriya.

 

 

Objection by Israel to the reservation made by Iraq

upon accession

 

                                                                                                                                 [Original: English]

 

                                                                                                                                 [12 December 1986]

 

          The Government of the State of Israel has noted that the instrument of accession by Iraq to the Convention on the Elimination of All Forms of Discrimination against Women contains a declaration in respect of Israel. In the view of the Government of the State of Israel, such declaration which is explicitly of a political character is incompatible with the purposes and objectives of the Convention and cannot in any way affect whatever obligations are binding upon Iraq under general international law or under particular conventions.

 

          The Government of the State of Israel will, in so far as concerns the substance of the matter, adopt towards Iraq an attitude of complete reciprocity.

 

 

           Objections by Mexico to the reservations made by Bangladesh,

           Cyprus, Iraq, the Libyan Arab Jamahiriya, Mauritius, Thailand

           and Turkey upon accession and by Egypt, Jamaica, New Zealand

           and the Republic of Korea upon ratification; Communication

regarding Malawi

 

                                                                                                                                 [Original: Spanish]

 

                                                                                                                                 [11 January 1985]

 

          The Government of the United Mexican States has studied the content of the reservations made by Mauritius to article 11, paragraph 1 (b) and (d), and article 16, paragraph 1 (g), of the Convention and has concluded that they should be considered invalid in the light of article 28, paragraph 2, of the Convention, because they are incompatible with its object and purpose.

 

          Indeed, these reservations, if implemented, would inevitably result in discrimination against women on the basis of sex, which is contrary to all the articles of the Convention. The principles of equal rights of men and women and non-discrimination on the basis of sex, which are embodied in the second preambular paragraph and article 1, paragraph 3, of the Charter of the United Nations, to which Mauritius is a signatory, and in articles 2 and 16 of the Universal Declaration of Human Rights of 1948, were previously accepted by the Government of Mauritius when it acceded, on 12 December 1973, to the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights. The above-mentioned principles were stated in article 2, paragraph 1, and article 3 of the former Covenant and in article 2, paragraph 2, and article 3 of the latter. Consequently, it is inconsistent with these contractual obligations previously assumed by Mauritius for its Government now to claim that it has reservations, on the same subject, about the 1979 Convention.

 

          The objection of the Government of the United Mexican States to the reservations in question should not be interpreted as an impediment to the entry into force of the 1979 Convention between the United Mexican States and Mauritius.

 

          Objections, identical in essence, mutatis mutandis, were also formulated by the Government of Mexico in regard to the reservations made by various States, as follows:

 

          (a)      Bangladesh, 21 February 1985: In respect of reservations made by the Government of Bangladesh concerning article 2, article 13, paragraph (a), and article 16, paragraph 1 (c) and (f);

 

          (b)      Jamaica, 21 February 1985: In respect of the reservation made by the Government of Jamaica concerning article 9, paragraph 2;

 

          (c)      New Zealand, 22 May 1985: In respect of reservations made by the Government of New Zealand (applicable to the Cook Islands) concerning article 2, paragraph (f), and article 5, paragraph (a);

 

          (d)      Republic of Korea, 6 June 1985: In respect of reservations made by the Government of the Republic of Korea concerning article 9 and article 16, paragraph 1 (c), (d), (e), (f) and (g). In this case, the Government of Mexico stated that the principle of the equal rights of men and women and of non-discrimination on the basis of sex, which are set forth in the Charter of the United Nations as one of its purposes in the Universal Declaration of Human Rights of 1948 and in various multilateral instruments, have already become general principles of international law which apply to the international community, to which the Republic of Korea belongs;

 

          (e)      Cyprus, 29 January 1986: In respect of the reservation made by the Government of Cyprus to article 9, paragraph 2;

 

          (f)       Turkey, 7 May 1986: In respect of the reservations made by the Government of Turkey to article 16, paragraph 1 (c), (d), (f) and (g);

 

          (g)      Egypt, 16 July 1986: In respect of the reservations made by the Government of Egypt to articles 9 and 16;

 

          (h)      Thailand, 16 October 1986: In respect of the reservations made by the Government of Thailand concerning article 9, paragraph 2, article 15, paragraph 3, and article 16;

 

          (i)       Iraq, 4 December 1986: In respect of the reservations made by the Government of Iraq concerning article 2, subparagraphs (f) and (g), article 9, paragraphs 1 and 2, and article 16;

 

          (j)       Libyan Arab Jamahiriya, 23 July 1990: In respect of the reservation made by the Government of the Libyan Arab Jamahiriya.

 

          The Secretary-General received from the Government of Mexico, on the date indicated below, a communication as follows:

 

          Malawi, 5 August 1987: The Government of the United Mexican States hopes that the process of eradication of traditional customs and practices referred to in the first reservation of the Republic of Malawi will not be so protracted as to impair fulfilment of the purpose and intent of the Convention.

 

 

             Objections by the Netherlands to the reservations made by

             Bangladesh, Iraq, the Libyan Arab Jamahiriya, Malawi,

             Mauritius, Thailand and Turkey upon accession and by

             Brazil, Egypt, Jamaica, the Republic of Korea and Tunisia

upon ratification

 

[Original: English]

 

[23 July 1990]

 

          The Government of the Kingdom of the Netherlands considers that the reservations made by Bangladesh regarding article 2, article 13 (a) and article 16, paragraph 1 (c) and (f), by Egypt regarding article 2, article 9 and article 16, by Brazil regarding article 15, paragraph 4, and article 16, paragraph 1 (a), (c), (g) and (h), by Iraq regarding article 2, subparagraphs (f) and (g), article 9 and article 16, by Mauritius regarding article 11, paragraph 1 (b) and (d), and article 16, paragraph 1 (g), by Jamaica regarding article 9, paragraph 2, by the Republic of Korea regarding article 9 and article 16, paragraph 1 (c), (d), (f) and (g), by Thailand regarding article 9, paragraph 2, article 15, paragraph 3 and article 16, by Tunisia regarding article 9, paragraph 2, article 15, paragraph 4, and article 16, paragraph 1 (c), (d), (f), (g) and (h), by Turkey regarding article 15, paragraphs 2 and 4, and article 16, paragraph 1 (c), (d), (f) and (g), are incompatible with the object and purpose of the Convention (art. 28, para. 2).

 

          The Government of the Kingdom of the Netherlands has examined the contents of the reservation made by the Libyan Arab Jamahiriya, by which the accession "is made subject to the general reservation that such accession cannot conflict with the laws on personal status derived from the Islamic Shariah", and considers the said reservation incompatible with the object and purpose of the Convention.

 

          The Government of the Kingdom of the Netherlands has also examined the reservations made by the Republic of Malawi, by which "owing to the deep-rooted nature of some traditional customs and practices of Malawians, the Government of the Republic of Malawi shall not, for the time being, consider itself bound by such provisions of the Convention as require immediate eradication of such traditional customs and practices", and considers the said reservations incompatible with the object and purpose of the Convention.

 

          The Government of the Kingdom of the Netherlands therefore objects to the above-mentioned reservations.

 

          These objections shall not preclude the entry into force of the Convention as between Bangladesh, Egypt, Brazil, Iraq, Mauritius, Jamaica, the Republic of Korea, Thailand, Tunisia, Turkey, the Libyan Arab Jamahiriya, Malawi and the Kingdom of the Netherlands.

 

 

Objections by Norway to the reservation made by the

Libyan Arab Jamahiriya upon accession

 

[Original: English]

 

[16 July 1990]

 

          The Government of Norway has examined the contents of the reservation made by the Libyan Arab Jamahiriya, by which the accession "is subject to the general reservation that such accession cannot conflict with the laws on personal status derived from the Islamic Shariah". The Norwegian Government has come to the conclusion that this reservation is incompatible with the object and purpose of the Convention (art. 28, para. 2). The Government of Norway objects to the reservation.

 

          The Norwegian Government will stress that, by acceding to the Convention, a State commits itself to adopt the measures required for the elimination of discrimination, in all forms and manifestations, against women. A reservation by which a State party limits its responsibilities under the Convention by invoking religious law (Shariah), which is subject to interpretation, modification and selective application in different States adhering to Islamic principles, may create doubts about the commitments of the reserving State to the object and purpose of the Convention. It may also undermine the basis of international treaty law. All States have a common interest in securing that all parties respect the treaties to which they have chosen to become parties.

 

 

        Objections by Sweden to the reservations made by Bangladesh, Iraq,

        the Libyan Arab Jamahiriya, Malawi, Mauritius and Thailand upon

        accession and by Brazil, Egypt, Jamaica, New Zealand, the Republic

of Korea and Tunisia upon ratification

 

[Original: English]

 

[17 March 1986]

 

          The Government of Sweden considers that [the following reservations] are incompatible with the object and purposes of the Convention (art. 28, para. 2), and therefore objects to them:

 

Thailand regarding article 9, paragraph 2, article 15, paragraph 3, and article 16;

 

Tunisia regarding article 9, paragraph 2, article 15, paragraph 4, and article 16, paragraph 1 (c), (d), (f), (g) and (h);

 

Bangladesh regarding article 2, article 13 (a) and article 16, paragraph 1 (c) and (f);

 

Brazil regarding article 15, paragraph 4, and article 16, paragraph 1 (a), (c), (g) and (h).

 

          Indeed the reservations in question, if put into practice, would inevitably result in discrimination against women on the basis of sex, which is contrary to everything the Convention stands for. It should also be borne in mind that the principles of equal rights of men and women and of non-discrimination on the basis of sex are set forth in the Charter of the United Nations as one of its purposes, in the Universal Declaration of Human Rights of 1948 and in various multilateral instruments, to which Thailand, Tunisia and Bangladesh are parties.

 

          The Government of Sweden furthermore notes that, as a matter of principle, the same objection could be made to the reservations made by:

 

Egypt regarding article 2, article 9, paragraph 2, and article 16;

 

Mauritius regarding article 11, paragraph 1 (b) and (d), and article 16, paragraph 1 (g);

 

Jamaica regarding article 9, paragraph 2;

 

Republic of Korea regarding article 9 and article 16, paragraph 1 (c), (d), (f) and (g);

 

New Zealand in respect of the Cook Islands regarding article 2, paragraph (f), and article 5, paragraph (a).

 

          In this context the Government of Sweden wishes to take this opportunity to make the observation that the reason why reservations incompatible with the object and purpose of a treaty are not acceptable is precisely that otherwise they would render a basic international obligation of a contractual nature meaningless. Incompatible reservations, made in all forms of discrimination against women, do not only cast doubts on the commitments of the reserving States to the objects and purpose of this Convention but, moreover, contribute to undermine the basis of international contractual law. It is in the common interest of States that treaties to which they have chosen to become parties also are respected, as to object and purpose, by other parties.

 

          Subsequently, the Secretary-General received from the Government of Sweden, on the dates indicated below, objections of the same nature as the ones above with regard to the reservations made by the following States:

 

(a)Iraq, 12 March 1987: In respect to the reservations made by Iraq to article 2, subparagraphs (f) and (g), article 9, paragraph 1, and article 16;

 

(b)Malawi, 15 April 1988: In respect to the first reservation made by Malawi;

 

(c)Libyan Arab Jamahiriya, 25 May 1990: In respect to the reservation made by the Libyan Arab Jamahiriya.

 

 

Objection by Sweden to reservations made by Jordan

upon ratification

 

[Original: English]

 

[5 February 1993]

 

          The Government of Sweden has examined the content of the reservations made by Jordan, by which Jordan states: "The Hashemite Kingdom of Jordan ... does not consider itself bound by the provisions of article 9, paragraph 2, article 15, paragraph 4 (a woman's residence and domicile are with her husband), the wording of article 16 (c) (in relation to the rights arising upon the dissolution of a marriage in connection with maintenance and compensation) and article 16 (d) and (g) of the Convention" and has come to the conclusion that they are incompatible with the object and purpose of the Convention (art. 28, para. 2). The Government of Sweden therefore objects to them.

 

          If the reservations were to apply they would inevitably have the effect of discrimination against women on the grounds of sex, which is contrary to everything the Convention stands for.

 

          It should also be borne in mind that the principle of the equal rights of men and women and of non-discrimination on the grounds of sex are set forth in the Charter of the United Nations as one of its purposes, in the Universal Declaration of Human Rights of 1948 and in the International Covenants on Economic, Social and Cultural Rights and on Civil and Political Rights, both of 1966, to which Jordan is a party. This objection does not constitute an obstacle to the entry into force of the Convention between Sweden and Jordan.

 

 

D. Notifications of withdrawal of certain reservations

 

Belarus, Ukraine and Russian Federation

 

          In communications received on 8 March 1989, and 19 and 20 April 1989, the Governments of Belarus, Ukraine, and the Union of Soviet Socialist Republics, respectively, notified the Secretary-General that they had decided to withdraw the reservations made upon their ratification relating to article 29, paragraph 1. The reservations were identical in essence, mutatis mutandis, to the reservation made by the Union of Soviet Socialist Republics.

 

 

Canada

 

          On 28 May 1992, the Government of Canada notified the Secretary-General of its decision to withdraw the following declaration relating to article 11, paragraph 1 (d), of the Convention made upon ratification on 10 December 1981:

 

[Original: English]

 

"The Government of Canada states that the competent legislative authorities within Canada have addressed the concept of equal pay referred to in article 11, paragraph 1 (d), by legislation which requires the establishment of rates of remuneration without discrimination on the basis of sex. The competent legislative authorities within Canada will continue to implement the object and purpose of article 11, paragraph 1 (d), and to that end have developed, and where appropriate will continue to develop, additional legislative and other measures."

 

 

France

 

          In a notification received on 26 March 1984, the Government of France informed the Secretary-General of its decision to withdraw the reservation to article 7 of the Convention made upon ratification.

 

          Subsequently, in a notification received on 21 July 1986, the Government of France informed the Secretary-General that it had decided to withdraw its reservation relating to article 15, paragraphs 2 and 3, and article 16, paragraph 1 (c), (d) and (h) of the Convention, made upon ratification.

 

          The notification specified that the withdrawal was effected because the existing discriminatory provisions against women in the rules governing property rights arising out of a matrimonial relationship and in those concerning the legal administration of the property of children had been abrogated by Act No. 85-1372 of 23 December 1985 concerning equality of spouses in respect of property rights arising out of a matrimonial relationship and equality of parents in respect of the property of minor children, which entered into force on 1 July 1986.

 

 

 

Hungary

 

          In a communication received on 8 December 1989, the Government of Hungary notified the Secretary-General that it had decided to withdraw the reservation in respect of article 29, paragraph 1, made upon ratification.

 

 

Ireland

 

          On 19 December 1986, the Government of Ireland notified the Secretary-General of its withdrawal of the reservations made in respect of article 9, paragraph 1, article 11, paragraph 1, article 13, subparagraph (a), and article 15, paragraph 4.

 

 

Malawi

 

          In a communication received on 25 January 1990, the Government of Malawi notified the Secretary-General as follows:

 

"In this connection, the Permanent Mission is under instruction to inform that the Malawi Government has decided to withdraw all reservations which Malawi had entered when it acceded to the Convention. As a result of constant review of relevant laws and regulations, which review was already under way even at the time of Malawi's accession to this important Convention, the Government has been able to resolve those factors which had necessitated its reservations."

 

 

Mongolia

 

          In a communication received on 19 July 1990, the Government of Mongolia notified the Secretary-General of its decision to withdraw the reservation made upon ratification with respect to article 29, paragraph 1.

 

 

New Zealand

 

          On 13 January 1989, the Secretary-General received from the Government of New Zealand a communication notifying him that, after consultation with the Government of the Cook Islands and the Government of Niue, it had denounced the Convention concerning the employment of women on underground work in mines of all kinds (ILO Convention No. 45) on 23 June 1987 and that in accordance with article 28, paragraph 3, of the Convention on the Elimination of All Forms of Discrimination against Women, it had withdrawn the reservation made upon ratification.

 

 

Republic of Korea

 

          On 15 March 1991, the Government of the Republic of Korea notified the Secretary-General of its decision to withdraw the reservation it had made upon ratification of the Convention to the extent that it applied to subparagraphs (c), (d) and (f) of paragraph 1 of article 16. The reservation now reads as follows,* the words appearing in square brackets having been withdrawn:

 

"The Government of the Republic of Korea, having examined the said Convention, hereby ratifies the Convention considering itself not bound by the provisions of article 9 and subparagraph[s (c), (d), (f) and] (g) of paragraph 1 of article 16 of the Convention. 

 

"In accordance with article 28, paragraph 3, of the Convention, the above-mentioned notification took effect on the date of its receipt, that is, on 15 March 1991."

 

 

Thailand

 

          On 25 January 1991, the Government of Thailand notified the Secretary-General of its decision to withdraw the reservation made upon its accession to the Convention, to the extent that it applied to article 11, paragraph 1 (b), and article 15, paragraph 3. At the same time, the Government of Thailand reiterated the declaration that it had also made upon accession, the content of which remained unchanged. The remaining reservations now read as follows, the words appearing in square brackets (in the second and third paragraphs) having been withdrawn:

 

[Original: English]

 

"In all matters that concern national security, maintenance of public order and service or employment in the military or paramilitary forces, the Royal Thai Government reserves its right to apply the provisions of the Convention on the Elimination of All Forms of Discrimination against Women, in particular articles 7 and 10, only within the limits by national laws, regulations and practices.

 

"With regard to article 9, paragraph 2, [and article 11, paragraph 1 (b), as far as night work of women and special protection of working women are concerned] the Royal Thai Government considers that the application of the said provision(s) shall be subject to the limits and criteria established by national laws, regulations and practices.

 

 

 

________________________

 

          *         English translation provided by the Government of the Republic of Korea.

 

"The Royal Thai Government does not consider itself bound by the provisions of [article 15, paragraph 3,] article 16 and article 29, paragraph 1, of the Convention."

 

 

Notes

 

          1/       Multilateral Treaties Deposited with the Secretary-General: Status as at 31 December 1992 (United Nations publication, Sales No. E.93.V.11).

 

 


Annex I

 

             STATUS OF DECLARATIONS, RESERVATIONS, OBJECTIONS AND NOTIFICATIONS

             OF WITHDRAWAL OF RESERVATIONS BY STATES PARTIES RELATED TO ARTICLES

             OF THE CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION

AGAINST WOMEN

 

 

State party

Articles for which declarations or reservations have been made

States parties that have raised objections

Articles for which reservations have been withdrawn

Argentina

29, para. 1

 

 

Australia

11, para 2 (b)

 

 

Austria

7, para. (b)

11, para 1 (f)

 

 

Bangladesh

2

Germany

Mexico

Netherlands

Sweden

 

 

13, para. (a)

Germany

Mexico

Netherlands

Sweden

 

 

16, paras. 1 (c)

  and (f)

Germany

Mexico

Netherlands

Sweden

 

Belarus

[29, para. 1]

 

29, para. 1

Belgium

7, paras. (a) and (b)

15, paras. 2 and 3

 

 

Brazil

15, para. 4

Germany

Netherlands

Sweden

 

 

16, paras. 1 (a), (c),

  (g) and (h)

Germany

Netherlands

Sweden

 

 

29, para. 1

 

 

Bulgaria

29, para. 1

 

29, para. 1

Canada

[11, para. 1 (d)]

Canada

11, para 1 (d)

China

29, para. 1

 

 

Cuba

29, para. 1

 

 

Cyprus

9, para. 2

Mexico

 

Egypt

2

Germany

Netherlands

Sweden

 

 

9, para. 2

Germany

Mexico

Netherlands

Sweden

 

 

16

Germany

Mexico

Netherlands

Sweden

 

 

29, para. 1

Mexico

 

El Salvador

29, para. 1

 

 

Ethiopia

29, para. 1

 

 

France

[7]

14, paras. 2 (c)

  and (h)

[15, paras. 2 and 3]

[16, paras. 1 (c),

  (d) and (h)]

16, para. 1 (g)

29, para. 1

 

7



15, paras. 2 and 3

16, paras. 1 (c),

  (d) and (h)

Germany

General declaration:

7, para. (b)

 

 

Hungary

[29, para. 1]

 

29, para. 1

Indonesia

29, para. 1

 

 

Iraq

2, paras. (f) and (g)

Germany

Mexico

Netherlands

Sweden

 

 

9, para. 1

Sweden

 

 

9, paras. 1 and

  2

Germany

Israel

Mexico

Netherlands

Sweden

 

 

16

Germany

Mexico

Netherlands

Sweden

 

 

29.1

Sweden

 

Ireland

[9, para. 1]

[11, para. 1]

[13, para. (a)]

13, paras. (b) and (c)

15, para. 3

[15, para. 4]

16, paras. 1 (d) and

  (f)

 

9, para. 1

11, para. 1

13, para. (a)


15, para. 4

Israel

7, para. (b)

16

29, para. 1

 

 

Jamaica

9, para. 2

Germany

Mexico

Netherlands

Sweden

 

 

29, para. 1

 

 

Jordan

9, para. 2

15, para. 4

16, paras. (c), (d) and

  (g)



Sweden

 

Libyan Arab

Jamahiriya

General

Denmark

Finland

Germany

Mexico

Netherlands

Norway

Sweden

 

Luxembourg

7

16, para. 1 (g)

 

 

Malawi

[5]

Germany

Mexico

Netherlands

Sweden

5

 

[29, para. 1]

 

29, para. 1

Maldives

2

 

 

Malta

11, para. 1

13

15

16, para. 1 (e)

 

 

Mauritius

11, paras. 1 (b) and

  (d)

Germany

Mexico

Netherlands

Sweden

 

 

16, para. 1 (g)

Germany

Mexico

Netherlands

Sweden

 

 

29, para. 1

 

 

Mongolia

[29, para. 1]

 

29, para. 1

Morocco

2, 9, para. 2,

15, para. 4,

16

29

 

 

New Zealand (Cook Islands)

2, para. (f)

Mexico

Sweden

 

(Cook Islands)

5, para. (a)

Mexico

Sweden

 

(Cook Islands and Niue)

11, para. 2 (b)

 

 

Poland

29, para. 1

 

 

Republic of Korea

9

Germany

Mexico

Netherlands

Sweden

 

 

16, paras. 1 [(c), (d)

  and (f)] (g)

Germany

Mexico

Netherlands

Sweden

16, paras. 1 (c),

  (d) and (f)

Romania

29, para. 1

 

 

Spain

7 (declaration)

 

 

Thailand

7

Germany

 

 

9, para. 2

Germany

Mexico

Netherlands

Sweden

 

 

10

Germany

Mexico

 

 

[11, para. 1 (b)]

Germany

11, para. 1 (b)

 

[15, para. 3]

Germany

Mexico

Netherlands

Sweden

15, para. 3

 

16

Germany

Mexico

Netherlands

Sweden

 

 

29, para. 1

 

 

Trinidad and Tobago

29, para. 1

 

 

Tunisia

9, para. 2

Germany

Netherlands

Sweden

 

 

15, para. 4

Germany

Netherlands

Sweden

 

 

16, paras. 1 (c), (d),

  (f), (g) and (h)

29, para. 1

Germany

Netherlands

Sweden

 

Turkey

9, para. 1

  (declaration)

 

 

 

15, paras. 2 and 4

Germany

Netherlands

 

 

16, paras. 1 (c), (d),

  (f) and (g)

Germany

Mexico

Netherlands

 

 

29, para. 1

 

 

Ukraine

[19, para. 1]

 

29, para. 1

Russian Federation

[29, para. 1]

 

29, para. 1

United Kingdom of Great Britain and Northern Ireland

(declarations)

1

2, paras. (f) and (g)

9

10, para. (c)

11, paras. 1 and 2

13

15, paras. 2 and 3

16, para. 1

Argentina

 

  on behalf of:

  British

  Virgin

  Islands,

  Falkland

  Islands

  (Malvinas),

  Isle of Man,

  South Georgia

  and South

  Sandwich

  Islands, and

  Turks and

  Caicos

  Islands

(declarations)






1, 2, 9, 11,

13, 15, 16

 

 

Venezuela

29, para. 1

 

 

Viet Nam

29, para. 1

 

 

Yemen

29, para. 1

 

 

 


Annex II

 

                      ARTICLES OF THE CONVENTION ON THE ELIMINATION OF ALL FORMS OF

                       DISCRIMINATION AGAINST WOMEN FOR WHICH STATES PARTIES HAVE

NOT YET WITHDRAWN THEIR RESERVATIONS

 

 

    Article                                                       State party

 

1                                                                                 United Kingdom and on behalf of: British Virgin Islands, Falkland Islands (Malvinas), South Georgia and South Sandwich Islands, and Turks and Caicos Islands

 

2                                                                                 Bangladesh

                                                                                   Egypt

                                                                                   Maldives

                                                                                   Morocco

                                                                                   United Kingdom and on behalf of:

British Virgin Islands, Falkland Islands (Malvinas), South Georgia and South Sandwich Islands, and Turks and Caicos Islands

 

2, para. (f)                                                                  New Zealand

                                                                                   (Cook Islands)

 

2, paras. (f) and (g)                                                   Iraq, United Kingdom

 

5, para. (a)                                                                 New Zealand

                                                                                   (Cook Islands)

 

7                                                                                 Belgium, Luxembourg, Spain, Thailand

 

7, para. (b)                                                                 Austria, Germany, Israel

 

9                                                                                 Republic of Korea, United Kingdom and on behalf of: British Virgin Islands, Falkland Islands (Malvinas), South Georgia and South Sandwich Islands, and Turks and Caicos Islands

 

9, paras. 1 and 2                                                       Iraq

 

9, para. 2                                                                    Cyprus, Egypt, Jamaica, Jordan, Morocco, Thailand, Tunisia

 

10                                                                               Thailand

 

10, para. (c)                                                               United Kingdom

 

    Article                                                       State party

 

11                                                                               United Kingdom and on behalf of: British Virgin Islands, Falkland Islands (Malvinas), South Georgia and South Sandwich Islands, and Turks and Caicos Islands

 

11, para. 1                                                                  Malta

 

11, para. 1 (b)                                                            Thailand

 

11, paras. 1 (b) and (d)                                             Mauritius

 

11, para. 1 (f)                                                             Austria

 

11, para. 2 (b)                                                            Australia, New Zealand

                                                                                   (Cook Islands and Niue)

 

13                                                                               Malta, United Kingdom and on behalf of: British Virgin Islands, Falkland Islands (Malvinas), South Georgia and South Sandwich Islands, and Turks and Caicos Islands

 

13, para. (a)                                                               Bangladesh

 

14, para. 2 (c)                                                            France

 

14, para. 2 (h)                                                            France

 

15                                                                               Malta

 

15, paras. 2 and 3                                                     Belgium, United Kingdom and on behalf of: British Virgin Islands, Falkland Islands (Malvinas), South Georgia and South Sandwich Islands, and Turks and Caicos Islands

 

15, paras. 2 and 4                                                     Turkey

 

15, para. 3                                                                  Thailand

 

15, para. 4                                                                  Brazil, Jordan, Morocco, Tunisia

 

16                                                                               Egypt, Iraq, Israel, Malta, Morocco, Thailand

 

    Article                                                       State party

 

16, para. 1 (f)                                                             United Kingdom and on behalf of: British Virgin Islands, Falkland Islands (Malvinas), South Georgia and South Sandwich Islands, and Turks and Caicos Islands

 

16, paras. 1 (a), (c), (g) and (h)                                Brazil

 

16, paras. 1 (c), (d), (f) and (g)                                 Republic of Korea, Turkey

 

16, paras. 1 (c), (d), (f), (g)                                        Tunisia

  and (h) 

 

16, paras. 1 (c), (d), (g)                                             Jordan

 

16, paras. 1 (c) and (f)                                              Bangladesh

 

16, paras. 1 (d) and (f)                                              Ireland

 

16, para. 1 (e)                                                            Malta

 

16, para. 1 (g)                                                            France, Luxembourg, Mauritius

 

29, para. 1                                                                  Argentina, Brazil, China, Cuba, Egypt, El Salvador, Ethiopia, France, Indonesia, Iraq, Israel, Jamaica, Mauritius, Morocco, Poland, Romania, Thailand, Trinidad and Tobago, Tunisia, Turkey, Venezuela, Viet Nam, Yemen

 

 

-----