Resolution No. 15/84 of September 19 - Accession to the Convention on the Elimination of all forms of discrimination against women

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1 Resolution No. 15/84 of September 19 - Accession to the Convention on the Elimination of all forms of discrimination against women Page 1/18

2 In 1979 the UN General Assembly adopted the Convention on the Elimination of All Forms of Discrimination Against Women, called upon States to commit themselves to it and promote, in all areas, the status of their citizens. The adoption of this Convention in full during the UN Decade for Women, takes up a special meaning and she wants to be thorough in the prescription of discrimination against women in all areas. Being as this Convention a development of previous conventional texts that determine the equality of men and women, thus constituting a valuable tool for States in the embodiment of universal principles in this area is of any interest to the Republic of Angola which becomes a Party to this Convention. Accordingly, under paragraph a) of Article 38 of Constitutional Law and using the powers granted to me is the point i) of Article 53 of the same Law, the People's Assembly shall consider and I sign and publish the following resolution: ACCESSION TO THE CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN Single point: The People's Assembly approves the accession of the Republic of Angola to the Convention on the Elimination of All Forms of Discrimination Against Women. Seen and approved by the People's Assembly. This Regulation shall be published. Luanda, 19 September The President of the Republic, JOSÉ EDUARDO DOS SANTOS. Page 2/18

3 Convention on the Elimination of all Forms of Discrimination Against Women The Member-States in this Convention. Whereas the Charter of the United Nations reaffirms faith in fundamental human rights, dignity and worth of the human person and the equal rights of men and women, Whereas the Universal Declaration of Human Rights affirms the principle of non-discrimination and proclaims that all human beings are born free and equal in dignity and rights and that each person can avail himself of all rights and freedoms of all there statements, without distinction of any kind, including gender, Whereas the Member-States to the International Covenants on Human Rights have the obligation to ensure equal rights of men and women to enjoy all economic, social, cultural, civil and political, Considering the international conventions concluded under the aegis of the United Nations and specialized agencies to promote equal rights of men and women, Noting also the resolutions, declarations and recommendations adopted by the United Nations and the specialized agencies to promote the equal rights of men and women, However concerned to note that despite these various instruments women continue to be important for discrimination, Recalling that discrimination against women violates the principles of equal rights and respect for human dignity, which hampers women's participation in, the same conditions as men in political, social, economic and cultural development of your country, which hampers the growth of well-being of society and the family that prevents women from serving his country and humanity in all its means. Concerned that in situations of poverty women have the least access to food, medical services, education, training and opportunities for employment and other needs; Convinced that the establishment of new international economic order based on equity and justice will contribute significantly to promoting the equality between men and women, Page 3/18

4 Underlining that the eradication of the apartheid, all forms of racism, racial discrimination, colonialism, neo-colonialism, aggression, foreign occupation and domination and interference in the internal affairs of States is essential to the full enjoyment of their rights by men and women, Affirming that the efforts of international peace and security, the relaxation of international tension, cooperation among all States irrespective of their social and economic systems, general and complete disarmament and, in particular, nuclear under international control and strict effective, the affirmation of the principles of justice, equality and mutual benefit in relations among countries and the right of peoples subject to alien and colonial domination and foreign occupation to self-determination and independence, as well as respect for national sovereignty and territorial integrity will promote social progress and development and consequently contribute to the attainment of full equality between men and women. Convinced that the full development of a country, the welfare of the world and the cause of peace require the maximum participation of women on equal terms with men in all areas, Taking into account the importance of women's contribution to the welfare of the family and progress of society, which until now has not been fully recognized, the social significance of maternity and the role of both parents in the family and education of children, and aware that the role of women in procreation should not be a basis for discrimination but that the upbringing of children requires a sharing of responsibilities between men, women and society as a whole, Aware that a change is needed in the traditional role of men as the role of women in family and society to achieve full equality of men and women. Resolved to implement the principles enunciated in the Declaration on the Elimination of Discrimination against Women, and for that purpose, to adopt the measures necessary for the elimination of such discrimination under all its forms and in all its manifestations. Agreed as follow: PART I ARTICLE 1. Page 4/18

5 For the purposes of this Convention, the term "discrimination against women" means any distinction, exclusion or restriction based on sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, whatever marital status, based on the equality of men and women, human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field. ARTICLE 2. Member-States condemn discrimination against women in all its forms, agree to pursue by all appropriate means and without delay a policy of eliminating discrimination against women and to this end, undertake to: a) include in their national constitutions or other appropriate law the principle of equality of men and women if it has not already been done, and through law or by other appropriate means, the practical realization of this principle; b) adopt legislative and other measures, including the determination of penalties appropriate, prohibiting all discrimination against women; c) establish legal protection of women's rights on an equal footing with men and to ensure through competent national tribunals and other public institutions the effective protection of women against any act of discrimination; d) refrain from any act or practice of discrimination against women and act so that public authorities and institutions act in conformity with this obligation; e) take all appropriate measures to eliminate discrimination against women by any person, organization or enterprise; f) take all appropriate measures, including legislation, to modify or abolish existing laws, regulations, customs and practices which constitute discrimination against women; g) To repeal all, penal provisions which constitute discrimination against women. ARTICLE 3. Page 5/18

6 Member-States shall take in all fields, in particular in political, social, economic and cultural fields, all appropriate measures, including legislation, to ensure the full development and advancement of women, with a view to guaranteeing them the exercise and enjoyment of human rights and fundamental freedoms on the basis of equality with men. ARTICLE Adoption by Member-States of temporary special measures aimed at accelerating the establishment of an equality between men and women is not regarded as an act of discrimination as defined in this Convention, but should not in any way have the effect of maintenance of unequal or separate standards, these measures shall be discontinued when the objectives of equality of opportunity and treatment have been achieved. 2. Adoption by Member-States of special measures, including measures under the Convention, aimed at protecting maternity shall not be considered discriminatory. ARTICLE 5. Member-States shall take all appropriate measures: a) modify the schemes and models of socio-cultural behavior of men and women to achieve the elimination of prejudices and customary practices, or any other type, which are based on the idea of the inferiority or the superiority of one or other sex in a stereotyped roles for men and women; b) ensure that family education includes a proper understanding of maternity tell a social function and the recognition of the common responsibility of men and women in education and development of children, it being understood that the interest ARTICLE 6. Page 6/18

7 Member-States shall take all appropriate measures, including legislation, to suppress all forms of trafficking in women and exploitation of prostitution of women. PART II ARTICLE 7. Member-States shall take all appropriate measures to eliminate discrimination against women in political and public life of the country and, in particular, shall ensure to women, on equal terms with men, the right: a) to vote in all elections and public referendum and all to be unreadable to all publicly elected bodies; b) to take part in the formulation of government policy and its implementation, hold public office and perform all public offices at all levels of government; c) to participate in organizations and non-governmental organizations dealing with public and political life of the country. ARTICLE 8. Member-States shall take all appropriate measures so that women, on equal terms with men and without any discrimination, have the opportunity to represent their Governments at the international level and to participate in the work of international organizations. ARTICLE 9. Page 7/18

8 1. Member-States shall grant women equal rights with men regarding the acquisition, change or preservation of their nationality. Ensure in particular that neither marriage to a foreigner nor change of nationality by the husband during marriage shall automatically change the nationality of the wife, render her stateless or force to obtain the nationality of the husband. 2. Member-States shall grant women equal rights with men with respect to the nationality of their children. PARTE III ARTICLE 10. Member-States shall take all appropriate measures to eliminate discrimination against women in order to ensure them equal rights with men in education and in particular to ensure, on the basis of equality of men and women: a) The same conditions for career guidance, access to education and achievement of diplomas in educational establishments of all categories in rural and urban areas, this equality must be ensured in preschool, general, technical, professional and higher technical education, as well as other types of vocational training; b) access to the same curricula, the same examinations, a teaching staff with qualifications of the same level, schools and equipment of the same quality; c) the elimination of any stereotyped concept of the roles of men and women at all levels and in all forms of education by encouraging coeducation and other types of education that will help achieve this goal and, in particular, the revision of textbooks and adapting curricula and teaching methods; d) the same opportunities with regard to scholarships and other benefits for the studies; e) the same opportunities for access to programs of continuing education programs including adult literacy and functional literacy, particularly with a view to reduce as soon as possible any gap in education existing between men and women; Page 8/18

9 f) reduction in dropout rates and female student organizing programs for girls and women who have left school prematurely; g) The same opportunities to participate actively in sports and physical education; h) access to specific educational information designed to ensure the health and well-being of families, including information and advice on family planning. ARTICLE Member-States undertake to take all appropriate measures to eliminate discrimination against women in employment to ensure, on the basis of equality of men and women the same rights and in particular: a) the right to work as an inalienable right of all human beings; b) a right to equal employment opportunities, including applying the same criteria for selection in matters of employment; c) the right to free choice of profession and employment, the right to promotion, job security and all benefits and working conditions, the right to vocational training and retraining, including apprenticeships, advanced vocational training and lifelong learning ; d) the right to equal remuneration, including benefits and equal treatment for work of equal value and equal treatment with regard to assessing the quality of work; e) the right to social security, particularly in cases of retirement, unemployment, sickness, disability and old age and any other loss of working capacity, as well as the right to paid vacations; f) The right to protection of health and safety in working conditions, including the safeguarding of the function of reproduction. 2. In order to prevent discrimination against women because of marriage or maternity and to ensure their effective right to work, Member-States undertake to take appropriate measures to: a) prohibit, under penalty of sanctions, dismissal because of pregnancy or enjoyment of the right to a period of leave from work during maternity, and discrimination in dismissals on grounds of marital status; Page 9/18

10 b) establish the right to grant a period of leave from work during maternity pay or be eligible for benefits comparable with ensuring the maintenance of former employment, seniority rights and social advantages; c) encourage the provision of necessary supporting social services to enable parents to combine family obligations with work responsibilities and participation in public life, in particular through promoting the establishment and development of a network of child care; d) ensure special protection to pregnant women whose work proved to be harmful. 3. The legislation aims to protect women in the fields covered by this article shall be reviewed periodically in the light-the scientific and technical knowledge and will be modified, repealed or extended as necessary ARTICLE Member-States shall take all appropriate measures to eliminate discrimination against women in the field of health care in order to ensure, on the basis of equality of men and women, access to health services, including those relating to family planning. 2. Notwithstanding the provisions of paragraph 1, Member-States shall provide to women during pregnancy, childbirth and after delivery, appropriate services and, if necessary, free as well as adequate nutrition during pregnancy and lactation. ARTICLE 13. Member-States undertake to take all appropriate measures to eliminate discrimination against women in other areas of economic and social life in order to ensure, on the basis of equality between men and women the same rights and, in particular: a) the right to family benefits; b) the right to receive bank loans, mortgages and other forms of financial credit; c) the right to participate in recreational activities, sports and all aspects of cultural life. Page 10/18

11 ARTICLE Member-States shall take into consideration the problems faced by particular rural women and the important role they play in economic survival of their families, in particular for his work in the non-monetized sectors of the economy, and shall take all appropriate measures to ensure the application of the provisions of this Convention to women in rural areas. 2. Member-States shall take all appropriate measures to eliminate discrimination against women in rural areas to ensure, on the basis of equality of men and women, their participation in rural development and the benefits derived therefrom and, in particular, ensure them the right: a) participate in the elaboration and implementation of development plans at all levels; b) to have access to adequate health including, advice and services in family planning; c) to benefit directly from social security programs; d) to receive all types of training and education, school or not, including those relating to functional literacy and to benefit all community and extension services, in particular, to improve their technical competence; e) organize mutual help groups and cooperatives that allow equal opportunities in economic terms, whether employment or self-employment; f) to participate in all community activities; g) To have access to agricultural credit and loans, as well as marketing facilities and appropriate technology, and to receive equal treatment in agrarian land reform and rural development projects; h) to enjoy adequate living conditions, particularly in relation to, housing, sanitation, electricity and water supply, transport and communications. PART IV ARTICLE 15. Page 11/18

12 1. Member-States shall accord to women equality with men before the law. 2. Member-States shall accord to women, in civil matters, a legal capacity identical to that of men and the same opportunities to exercise that capacity. Recognize them in particular equal rights with respect to contracts and to the administration of property and shall treat them equally in all stages of judicial proceedings. 3. Member-States agree that all contracts and all other private instruments of any kind is that at restricting the legal capacity of women shall be deemed null and void. 4. Member-States recognize the men and women the same rights with regard to legislation on the free movement of persons and the freedom to choose their residence and domicile. ARTICLE Member-States shall take all necessary measures to eliminate discrimination against women in all matters relating to marriage and family relations, in particular, provide a basis of equality of men and women: a) the same right to marry; b) The same right freely to choose a spouse and to enter into marriage only with their free and full consent; c) the same rights and same responsibilities during marriage and at its dissolution; d) the same rights and same responsibilities as parents, irrespective of their marital status, for matters relating to their children, in all cases the interests of children shall be paramount; e) the same rights to decide freely and with full knowledge of the cause of the number and spacing of their children and to have access to information, education and necessary to allow the exercise of these rights; f) the same rights and responsibilities with regard to guardianship, wardship, trusteeship and adoption of children or similar institutions where these institutions exist in national legislation in all cases the interests of children shall be paramount; g) the same personal rights as husband and wife, including the right to choose family name, a profession and an occupation; Page 12/18

13 h) the same rights for both spouses in respect of the ownership, acquisition, management, administration, enjoyment and disposition of property, whether free of charge as payment. 2. The betrothal and marriage of children have no legal effect and all necessary measures, including legislation, shall be taken in order to set a minimum age for marriage and for mandatory registration of marriages in an official register. PART V ARTICLE In order to examine the progress in the implementation of this Convention shall be established a Committee on the Elimination of Discrimination against Women (hereinafter the Committee) which consists, at the time of entry into force of the Convention, of eighteen and then ratification or accession of the thirty-fifth State Party, of twenty-three experts of high moral character and high competence in the field covered by this Convention. Experts are elected by Member-States from among their nationals and shall serve on a personal basis, given the starts of equitable geographical representation and representation of different forms of civilization as well as main legal systems. 2. Committee members are elected by secret ballot from a list of persons nominated by Member-States- Each Member-State may nominate one person from among their nationals. 3. The first election shall be held six months after the date of entry into force of this Convention. At least three months before the date of each election the Secretary-General of the United Nations shall address a letter to Member-States inviting them to submit their nominations within two months. The Secretary-General shall prepare an alphabetical list of all applicants, indicating that the state appointed, a list that is communicated to the Member- States. 4. Committee members are elected at a meeting of the Member-States convened by the Secretary-General Headquarters of the United Nations. At the meeting where a quorum is constituted by two thirds of Member-States, the Committee members are elected the candidates who obtained the greatest number of votes and an absolute majority of votes of the representatives of Member-States present and voting. Page 13/18

14 5. Committee members are elected for a period of four years. However, the term of nine members elected at the first election shall expire at the end of two years, the President of the Committee will cast lot the names of these nine members immediately after the first election. 6. The election of five additional members of the Committee shall be held under the provisions of paragraphs 2, 3 and 4 of this article, following the thirty-fifth ratification or accession. The terms of two additional members elected on this occasion shall expire at the end of two years, the name of these two members having been chosen by lot by the Chairman of the Committee. 7. To fill any vacancies, the State Party whose expert has ceased to perform his duties as a member of the Committee shall appoint another expert from among its nationals, subject to the approval of the Committee. 8. Members of the Committee shall, with the approval of the General Assembly removed the fees funds of the United Nations, as laid down by the Assembly, taking into account the importance of the functions of the Committee. 9. The Secretary General of the United Nations makes available to the Committee the staff and material resources that are necessary for the effective performance of the functions entrusted to it by this Convention. ARTICLE Member-States undertake to submit to the Secretary-General of the United Nations, for consideration by the Committee, a report on the legislative, judicial, administrative or other they have taken to implement the provisions of this Convention and on progresses made in this regard: a) in the year following the entry into force of the Convention for the State concerned, and b) then every four years and whenever the Committee so requests. 2. Reports may indicate factors and difficulties affecting the degree of fulfillment of obligations under the Convention. Page 14/18

15 ARTICLE The Committee adopts his own internal regulation. 2. The Committee elects the secratariate for a period of two years. ARTICLE The Committee shall normally meet for a period of two weeks or less each year to examine the reports submitted under Article 18. Of this Convention. 2. The Committee meetings usually take place at the Headquarters of the United Nations or any other convenient place as determined by the Committee. ARTICLE The Committee shall submit accounts annually to the General Assembly of the United Nations through the Economic and Social Council of its activities and may make suggestions and general recommendations based on the examination of reports and information received from the Member-States. These suggestions and recommendations are included in the report of the Committee, accompanied, where appropriate, by the comments of the Member-States. 2. The Secretary-General transmitting the report of the Committee to the Commission on the Status of Women, for reference. ARTICLE 22. Specialized institutions have the right to be represented at the consideration of the application of any provision of this Convention which fall within the scope of their activities. The Page 15/18

16 Committee may invite the specialized agencies to submit reports on the implementation of the Convention in areas falling within the scope of their activities. PART VI ARTICLE 23. Nothing in this Convention call into question the provisions more conducive to the achievement of equality between men and women that may be contained: a) the law of a Member-State; b) in any other convention, treaty or international agreement in force in that State. ARTICLE 24. Member-States undertake to adopt all necessary measures at national level to ensure the full enjoyment of rights granted by this Convention ARTICLE is Convention is open for signature by all States. 2. The Secretary General of the United Nations is designated as the depositary of this Convention. 3. This Convention is subject to ratification and instruments of ratification shall be deposited with the Secretary-General of the United Nations. 4. This Convention is open for accession by all States. Accession shall be effected by the deposit of an instrument of accession with the Secretary-General of the United Nations. Page 16/18

17 ARTICLE Any Member-State may request at any time review of the Convention addressing a written communication to effect the Secretary-General of the United Nations. 2. The General Assembly of the United Nations decides to take measures, where appropriate, in relation to such a request. ARTICLE This Convention shall enter into force thirty days following the date of deposit with the Secretary General of the United Nations of the twentieth instrument of ratification or accession. 2. For each State ratifying or acceding to the Convention after the deposit of the sixth instrument of ratification or accession, the Convention shall enter into force on the ninetieth day following the date of deposit by such State of its instrument of ratification or accession. ARTIGO 28.º 1. The Secretary General of the United Nations shall receive and circulate to all States the text of reservations made upon ratification or accession. 2. Not authorized reservation incompatible with the object and purpose of this Convention. 3. Reservations may be withdrawn at any time by notification addressed to the Secretary General of the United Nations, who shall inform all Member-States to the Convention. The notification shall take effect on the date of receipt. Page 17/18

18 ARTICLE Any dispute between two or more Member-States concerning the interpretation or application of this Convention which is not settled by negotiation shall be submitted to arbitration at the request of one of them. If, within six months following the date the request for arbitration, the parties can not agree on the organization of the arbitration, either party may refer the dispute to the International Court of Justice by request in conformity with the Statute of the Court. 2. Any Member-State may, when signing this Convention, to ratify or accede to it, declare that it does not consider itself bound by the provisions of paragraph 1 of this article. The other Member-States are not bound by the same provisions in their relations with a State Party which has made such a reservation. 3. Any Member-State Party having made a reservation in accordance with the provisions of paragraph 2 of this article may at any time withdraw that reservation by notification to the Secretary-General of the United Nations. ARTICLE 30. This Convention, of which the English, Arabic, Chinese, Spanish, French and Russian texts are equally authentic, shall be deposited with the Secretary-General of the United Nations. IN WITNESS WHEREOF, THAT undersigned, duly authorized, have signed this Convention. The President of the Republic, JOSÉ EDUARDO DOS SANTOS. Page 18/18

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