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PASSPORT TO EQUALITY

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Page 1: Passport to equality; 2006 - United Nations · UNESCO UNESCO Foreword bby tthe ... Joint United Nations Programme on HIV/AIDS (UNAIDS), as well as other UN ... Overview CEDAW sets

PASSPORTT O E Q U A L I T Y

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This Passport to Equality was produced by

UUNNEESSCCOO –– SSeeccttiioonn ffoorr WWoommeenn aanndd GGeennddeerr EEqquuaalliittyy(United Nations Educational, Scientific, and

Cultural Organization)

in collaboration with:

UUNNIIFFEEMM (United Nations Development Fund for Women)

UUNNAAIIDDSS (the Joint United Nations Programme on HIV/AIDS)

All information provided in this Passport to Equality is as of January 2006.

BSP/WGE/2006/PI/1

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P A S S P O R T T O E Q U A L I T Y

Surname.................................................................

Given names............................................

Nationality ..................................................

Date of birth .............................Children.......................................

Sex ................Place of birth..................................................................

Date of Expiry: VALID FOR LIFE

Observations:My State (is / is not) party to the CEDAW.My State (is / is not) party to the Optional Protocol.My State (has / has not) made reservations to the CEDAW or the Optional Protocol.

The holder of this Passport undertakes to read the Convention onthe Elimination of All Forms of Discrimination against Women,the text of which is reproduced herein, so that CEDAW maybecome a reference for everyone and be universally implemented.

<< WOMEN AND MEN EVERYWHERE<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<

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UNESCOUNESCOUNESCOUNESCOUNESCO

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CONTENTS

Foreword by the Director-General ofUNESCO...........................................................................................1

Preface by the Special Adviser to the Secretary-General of the United Nations on Gender Issuesand Advancement of Women...............................................2

Introduction and Explanatory Notes by UNESCO -Section for Women and Gender Equality......................4

Table of States Party to the Convention and theOptional Protocol.........................................................................9

Table of Heading Titles for the Convention and theOptional Protocol......................................................................13

Convention on the Elimination of All Forms of

Discrimination against Women .....................................15

Optional Protocol to the Convention on the

Elimination of All Forms of Discrimination against

Women ...........................................................................................37

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UNESCOUNESCOUNESCOUNESCOUNESCO

FFoorreewwoorrdd bbyy tthhee DDiirreeccttoorr-GGeenneerraall ooff UUNNEESSCCOO

This Passport to Equality contains the most important international normativeinstrument concerning women, one that aims at achieving equal rights forwomen everywhere. The Convention on the Elimination of All Forms ofDiscrimination against Women (CEDAW) was adopted in 1979 by the UnitedNations, and came into force on 3 September 1981. To date, 180 states (or178 of the 191 Member States of the United Nations) have become parties tothe Convention, with the most recent accession taking place on 18 March 2005.

The effectiveness of CEDAW has increased since 1999, when the GeneralAssembly of the United Nations adopted the Optional Protocol to thisConvention, thus giving individuals the right to submit communicationsconcerning violations of the Convention by their governments to the Committeeresponsible for CEDAW. The Protocol empowers the Committee to conductinquiries into the violations, if these happen in States that have adhered to theConvention and the Protocol.

UNESCO helps promote the CEDAW, and is particularly committed toimplementing its Article 10, which speaks of women’s equal rights with men inthe field of education, and the elimination of stereotyped concepts of the role ofmen and women at all levels and in all forms of education. UNESCO conceivedthis Passport to Equality as a tool to help promote the Convention. It is aimedespecially at local opinion leaders at the community level: women’sorganizations, teachers, lawyers, medical practitioners, members of local andnational governing bodies, union organisers, journalists, broadcasters andothers. They are invited to help familiarize both women and men with theConvention and to use it when the rights of the former are threatened or violated.

Since its first edition in 1999, the Passport has been distributed in 19languages: Arabic, Chinese, English, French, Hindi, Portuguese, Russian,Spanish, Swahili, Urdu and the nine languages of Guinea. We are grateful toall the partners who are assisting UNESCO in disseminating it worldwide,notably the United Nations Development Fund for Women (UNIFEM) and theJoint United Nations Programme on HIV/AIDS (UNAIDS), as well as other UNagencies and non-governmental organizations. May this Passport to Equalityhelp you personally, and may it help you share the message it contains with asmany people as possible.

Koïchiro Matsuura

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UNOUNOUNOUNOUNO

The Convention on the Elimination of All Forms ofDiscrimination against Women (CEDAW) adopted in 1979by the United Nations General Assembly is often describedas an international bill of rights for women. To date, 180States are party to this “Bill of rights for women”, and thusobliged under international law to realize equality betweenwomen and men in the civil, cultural, economic, politicaland social fields. In States parties, but also in countries thathave not yet ratified it, the Convention is a powerful tool inthe hands of activists and legislators, judges and educators,politicians and professionals. They use the Convention toinfluence legislative processes and Government policies. Itis instrumental in shaping public opinion for women’sequality and in advocating for women’s rights. Courts inmany countries refer to the Convention in domestic litigationto redress discrimination against women in many areas,including work, nationality, and violence against women.The Optional Protocol, which entered into force inDecember 2000, is a complaint procedure entitling womenand groups of individual women to petition the Committeewith respect to violations of the Convention. It also allowsthe Committee of its own initiative to inquire into grave orsystematic violations of the Convention.

The Committee on the Elimination of Discrimination againstWomen monitors the implementation of the Convention.This Committee has been an agent for change for womenboth collectively and individually.

PPrreeffaaccee bbyy RRaacchheell MMaayyaannjjaaSpecial Adviser on Gender Issues and Advancementof Women to the Secretary-General of the UnitedNations

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UNOUNOUNOUNOUNO

Its practical recommendations to States have ensured thatthe Convention is now an active part of domestic legal,political and social discourse. The Committee has assessedthe influence of traditions and customs that relegate womento second-class status, and stereotypes that mould women’s“proper place” in society and in the home. It has reviewedthe compatibility of customary laws, and their application towomen, with the requirements of the Convention. It hasconsidered the strengths and weaknesses of educationalpolicies and their impact on girls and women’s right toquality education and training. It has debated howmarriage and family relations should evolve and betransformed so as to ensure equality of rights betweenwomen and men.

At the 2005 World Summit, Governments and theinternational community once more affirmed their convictionthat “progress for women is progress for all”, resolving topromote gender equality and eliminate pervasive genderdiscrimination. They reaffirmed that the full and effectiveimplementation of the goals and objectives of the BeijingDeclaration and Platform for Action and the outcome of theTwenty-Third Special Session of the United Nations GeneralAssembly is an essential contribution to achievinginternationally agreed development goals, including thosecontained in the Millennium Declaration.

With the help of this Passport to Equality, these goals aremoving within closer reach. And what could be more fittingthan to continue the new millennium with a universalcommitment to women’s right to equality and non-discrimination as universal progress for all.

Rachel Mayanja

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Introduction

A major step towards the attainment of the goal of equalrights for women was taken on 18 December 1979, whenthe General Assembly adopted the Convention on theElimination of All Forms of Discrimination against Women.Its adoption concluded consultations over a five-yearperiod by various working groups, the Commission on theStatus of Women and the General Assembly.

The Passport to Equality is issued by virtue of the right ofevery human being, without distinction of sex, to enjoythe basic rights proclaimed in the Universal Declaration ofHuman Rights. The purpose of the Passport is to makewomen and men all over the world aware of the existenceof the Convention.

CEDAW establishes the universality of the principle ofequality of rights between men and women and makesprovision for measures to ensure equality of rights forwomen throughout the world. It reflects the depth of theexclusion and restriction practised against women solelyon the basis of their gender.

Very open in outlook, the Convention seeks to establishequality of rights for women, whatever their marital status,in all fields - political, economic, social, cultural and civil.It provides for the adoption at the national level oflegislation prohibiting discrimination and for the adoptionof special temporary measures to accelerate theestablishment of de facto equality between women andmen, including changing the paradigms and models ofsociocultural behaviour that perpetuate discrimination.

Introduction and Explanatory Notes by UNESCOSection for Women and Gender Equality

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Explanatory Notes

1. Overview

CEDAW sets out, in legally binding form, internationallyaccepted principles and measures to achieve equal rightsfor women everywhere. The wide ranging Conventioncalls for equal rights for women in the political, economic,social, cultural and civil fields.

The Convention is divided into six Parts containing 30Articles, with a Preamble that (i) lays out the legal basis forequal rights of women and men; (ii) recounts, anddescribes the effects of, the continuing discriminationagainst women; (iii) delineates the essential areas ofconcern that need to be addressed for the attainment offull equality between men and women; and (iv) describesthe necessary and unique contributions of women.

Part I defines discrimination against women and identifiesmeans to eliminate it. The Convention calls for nationallegislation to prohibit discrimination, and to put in placemeasures to guarantee human rights. It furtherrecommends temporary special measures to accelerateequality between women and men, as well as actions tomodify social and cultural patterns that perpetuatediscrimination.

The political rights of women are treated in Part II, whichprovides for equal rights in political and public life, at thenational and international levels. Part II also addressesissues pertaining to nationality and calls for equal rights toacquire, change or retain nationality.

Part III sets out social and economic rights, enumeratingequal rights for women in the areas of education (Article10), employment, health care, economic and social life,with special attention given to the problems of ruralwomen.

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The civil rights of women are addressed in Part IV whichcontains provisions that advance women’s equality before thelaw and that advocate equality in all matters relating tomarriage and family relations, with special focus on childmarriage.

Part V sets out the objectives, composition and functions of theCommittee on the Elimination of Discrimination againstWomen. It also describes the reporting requirements from StateParties.

Part VI deals with the implementation of the Convention andits legal effects at the national and international level, includingreservations that State Parties may make in adopting theConvention.

Throughout the Convention, certain areas particularlypertinent to women are highlighted for equal protection.Maternity, procreation, reproduction and family planning areaddressed in several Articles. Article 6 calls for the suppressionof the trafficking in, and the prostitution of, women.

Find out more about the Convention and its history athttp://www.un.org/womenwatch/daw/cedaw/

2. Implementation and Reservations

In practice, the implementation of the Convention rests largelyon the willingness of governments to incorporate the terms ofthe Convention into their national legislation.

A State Party thus agrees to include these universal standardsin its national laws and to transpose them into administrativeand social policies and practices in order to achieve a de factoeradication of discrimination.

A State’s adoption of this international treaty may, however,sometimes be accompanied by reservations. Reservationsallow a State to waive certain provisions by which it cannot ordoes not wish to be bound, while being a party to the treaty.Various reasons, such as the national legislation in force,

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customary law or religious freedom, are given by States tojustify their reservations. A reservation is not, however,acceptable if it is incompatible with the object and purpose ofthe treaty.

In the case of CEDAW, the number and nature of reservationsexpressed by States in their instruments of ratification nowconstitute a disturbing obstacle to the recognition anduniversal implementation of the Convention. Somereservations question the very principle of the Convention,namely, the elimination of discrimination against women, andare major obstacles to the improvement of the status ofwomen.

Find out more about State reservations athttp://www.un.org/womenwatch/daw/cedaw/

3. Optional Protocol

In the event of a violation by a State Party of any of the rightsin the Convention, victims hitherto had no means of voicingtheir grievances and seeking remedies within the framework ofthe Convention. For that reason, an Optional Protocol toCEDAW was adopted by the United Nations General Assemblyin December 1999, and entered into force on 22 December2000.

The Optional Protocol gives individuals and groups ofindividuals the right to submit communications to theCommittee on the Elimination of Discrimination againstWomen (Committee) concerning all violations of theConvention by their governments. The Optional Protocol alsocreates an inquiry procedure enabling the Committee toinitiate inquiries on its own into situations of grave orsystematic violations by a State Party of the rights provided inthe Convention.

Find out more about the Protocol and the rules of procedureat http://www.un.org/womenwatch/daw/cedaw/

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4. The Committee on the Elimination of Discrimination against Women

The Committee is established under Part V of the Convention,which sets up the machinery for the international supervision ofthe obligations accepted by States under the Convention. TheCommittee, composed of 23 experts elected by State Parties andserving in their personal capacity, convened for the first time in1982, after the Convention entered into force.

The main task of the Committee is to consider the progress madeby States, through their periodical reports submitted to theCommittee, concerning the legislative, judicial, administrative andother measures adopted to give effect to the Convention and tomake recommendations to the States on steps to be taken toimplement the Convention, in particular, by transposing it intonational legislation.

The Committee’s scope of authority expanded under theOptional Protocol, permitting it to consider State violations of theConvention and to make recommendations to the States. Withrespect to third party communications, the Committee canconsider only those that are not anonymous, that concern a StateParty to the Convention and to the Optional Protocol, and thatnormally follow the exhaustion of all available domesticremedies. Regarding the Committee’s independent authority toconsider grave or systematic State violations, a State could choosenot to recognize this competence.

Find out more about the Committee, its working methods, the countryreports, as well as a model form for submitting a communication tothe Committee, at http://www.un.org/womenwatch/daw/cedaw/

We are happy to share this new edition of the Passport with youand we hope that you will take every opportunity to read, discussand spread the word on the CEDAW and the Optional Protocol.

S. Gülser Corat

Chief

Section for Women and Gender Equality

Bureau of Strategic Planning

http://www.unesco.org/women

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Table of States Party to the Convention

and the Option Protocol

As of 18 March 2005, 180 States have ratified or approvedthe Convention, among which 60 States have madereservations to, or declarations regarding, the Convention.

As of 20 January 2006, 76 States have ratified or approvedthe Optional Protocol, among which 4 States have madereservations to, or declarations regarding, the OptionalProtocol.

For regular updates and further information on States party tothe Convention and the Optional Protocol, please consulthttp://www.un.org/womenwatch/daw/cedaw/states.htm

It should be noted that some States have signed but not yetratified or approved the relevant instrument. A simplesignature does not establish the consent of the State to bebound. However, it expresses the willingness of the signatoryState to continue the treaty-making process. The signaturequalifies the State to proceed to ratification, acceptance orapproval. It also creates an obligation to refrain, in good faith,from acts that would defeat the object and the purpose of thetreaty. In this context, 1 State has signed but not yet ratified orapproved the Convention; 21 States have signed but not yetratified or approved the Optional Protocol.

The chart that follows summarizes all States party to theConvention and/or the Optional Protocol:

“ √ ” - indicates that the State has ratified or approvedthe relevant instrument;

“ S ” - indicates that the State has signed, but not yetratified or approved, the relevant instrument;

“ * ” - indicates that the State has made reservations to,or declarations regarding, the relevant instrument.

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Table of Heading Titles for the Convention and the

Optional Protocol

The full texts of the Convention and the Optional Protocol areset out in the pages that follow. We provide the followingtables of contents for your ease of reference. The headingtitles are summaries, not part of the official text, which wefurnish to assist you in navigating through the instruments.Your reading and understanding of the Convention and theOptional Protocol should not be limited in anyway by theseheading titles.

Convention

PPrreeaammbbllee

PPaarrtt II –– DDeeffiinniittiioonn aanndd AApppprroopprriiaattee MMeeaassuurreessArt. 1 Definition of DiscriminationArt. 2 Eliminating DiscriminationArt. 3 Guaranteeing Human RightsArt. 4 Accelerating EqualityArt. 5 Eliminating Stereotyped RolesArt. 6 Suppressing Trafficking and Prostitution

PPaarrtt IIII –– PPoolliittiiccaall RRiigghhttssArt. 7 Political and Public LifeArt. 8 International Participation Art. 9 Nationality

PPaarrtt IIIIII –– SSoocciiaall aanndd EEccoonnoommiicc RRiigghhttssArt. 10 EducationArt. 11 EmploymentArt. 12 Health CareArt. 13 Economic and Social LifeArt. 14 Rural Women

PPaarrtt IIVV –– CCiivviill RRiigghhttssArt. 15 Equality Before the Law / Legal CapacityArt. 16 Marriage and Family Relations

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PPaarrtt VV –– CCoommmmiitttteeee oonn tthhee EElliimmiinnaattiioonn ooff DDiissccrriimmiinnaattiioonn aaggaaiinnsstt WWoommeennArt. 17 Purpose, Composition and ElectionArt. 18 Periodic Reports by StatesArt. 19 Rules of ProcedureArt. 20 Annual MeetingsArt. 21 Annual Reports of the CommitteeArt. 22 Role of Specialized Agencies

PPaarrtt VVll –– EEffffeecctt ooff CCoonnvveennttiioonnArt. 23 Effect on Legislation and Other TreatiesArt. 24 Achieving Full Realization of RightsArt. 25 Signature, Ratification, AccessionArt. 26 RevisionArt. 27 Entry into ForceArt. 28 ReservationsArt. 29 Negotiation, Arbitration, International Court of JusticeArt. 30 Official Languages

Optional Protocol

PPrreeaammbblleeArt. 1 Competence of the CommitteeArt. 2 Communications Claiming ViolationsArt. 3 In Writing and Not AnonymousArt. 4 Domestic Remedies / Other International ProceduresArt. 5 Interim Measures by State PartyArt. 6 Confidentiality of State PartyArt. 7 Recommendations by CommitteeArt. 8 Grave and Systematic ViolationsArt. 9 Reports by State PartyArt. 10 Recognition by State PartyArt. 11 Ill Treatment or IntimidationArt. 12 Annual Report by CommitteeArt. 13 Publicity Art. 14 Rules of ProcedureArt. 15 Signature, Ratification, AccessionArt. 16 Entry into ForceArt. 17 No ReservationsArt. 18 AmendmentsArt. 19 DenunciationsArt. 20 Information on Status of ProtocolArt. 21 Official Languages

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Convention on the Elimination of All Forms of

Discrimination against Women

The States Parties to the present Convention,

Noting that the Charter of the United Nations reaffirmsfaith in fundamental human rights, in the dignity andworth of the human person and in the equal rights ofmen and women,

Noting that the Universal Declaration of Human Rightsaffirms the principle of the inadmissibility ofdiscrimination and proclaims that all human beings areborn free and equal in dignity and rights and thateveryone is entitled to all the rights and freedoms setforth therein, without distinction of any kind, includingdistinction based on sex,

Noting that the States Parties to the InternationalCovenants on Human Rights have the obligation toensure the equal right of men and women to enjoy alleconomic, social, cultural, civil and political rights,

Considering the international conventions concludedunder the auspices of the United Nations and thespecialized agencies promoting equality of rights of menand women,

Noting also the resolutions, declarations andrecommendations adopted by the United Nations andthe specialized agencies promoting equality of rights ofmen and women,

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

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Recalling that discrimination against women violates theprinciples of equality of rights and respect for humandignity, is an obstacle to the participation of women, onequal terms with men, in the political, social, economicand cultural life of their countries, hampers the growth ofthe prosperity of society and the family and makes moredifficult the full development of the potentialities ofwomen in the service of their countries and of humanity,

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

Convinced that the establishment of the new internationaleconomic order based on equity and justice willcontribute significantly towards the promotion of equalitybetween men and women,

Emphasizing that the eradication of apartheid, of allforms of racism, racial discrimination, colonialism, neo-colonialism, aggression, foreign occupation anddomination and interference in the internal affairs ofStates is essential to the full enjoyment of the rights ofmen and women,

Affirming that the strengthening of international peaceand security, relaxation of international tension, mutualco-operation among all States irrespective of their socialand economic systems, general and completedisarmament, and in particular nuclear disarmamentunder strict and effective international control, theaffirmation of the principles of justice, equality andmutual benefit in relations among countries and therealization of the right of peoples under alien andcolonial domination and foreign occupation to self-

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determination and independence, as well as respect fornational sovereignty and territorial integrity, will promotesocial progress and development and as a consequencewill contribute to the attainment of full equality betweenmen and women,

Convinced that the full and complete development of acountry, the welfare of the world and the cause of peacerequire the maximum participation of women on equalterms with men in all fields,

Bearing in mind the great contribution of women to thewelfare of the family and to the development of society,so far not fully recognized, the social significance ofmaternity and the role of both parents in the family andin the upbringing of children, and aware that the role ofwomen in procreation should not be a basis fordiscrimination but that the upbringing of childrenrequires a sharing of responsibility between men andwomen and society as a whole,

Aware that a change in the traditional role of men as wellas the role of women in society and in the family isneeded to achieve full equality between men andwomen,

Determined to implement the principles set forth in theDeclaration on the Elimination of Discrimination againstWomen and, for that purpose, to adopt the measuresrequired for the elimination of such discrimination in allits forms and manifestations,

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Have agreed on the following:

PART I

Article 1For the purposes of the present Convention, the term“discrimination against women” shall mean anydistinction, exclusion or restriction made on the basis ofsex which has the effect or purpose of impairing ornullifying the recognition, enjoyment or exercise bywomen, irrespective of their marital status, on a basis ofequality of men and women, of human rights andfundamental freedoms in the political, economic, social,cultural, civil or any other field.

Article 2States Parties condemn discrimination against women inall its forms, agree to pursue by all appropriate meansand without delay a policy of eliminating discriminationagainst women and, to this end, undertake:

(a) To embody the principle of the equality of men andwomen in their national constitutions or otherappropriate legislation if not yet incorporated thereinand to ensure, through law and other appropriatemeans, the practical realization of this principle;

(b) To adopt appropriate legislative and other measures,including sanctions where appropriate, prohibiting alldiscrimination against women;

(c) To establish legal protection of the rights of women onan equal basis with men and to ensure throughcompetent national tribunals and other publicinstitutions the effective protection of women againstany act of discrimination;

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(d) To refrain from engaging in any act or practice ofdiscrimination against women and to ensure thatpublic authorities and institutions shall act inconformity with this obligation;

(e) To take all appropriate measures to eliminatediscrimination against women by any person,organization or enterprise;

(f) To take all appropriate measures, includinglegislation, to modify or abolish existing laws,regulations, customs and practices which constitutediscrimination against women;

(g) To repeal all national penal provisions whichconstitute discrimination against women.

Article 3States Parties shall take in all fields, in particular in thepolitical, social, economic and cultural fields, allappropriate measures, including legislation, to ensurethe full development and advancement of women, for thepurpose of guaranteeing them the exercise andenjoyment of human rights and fundamental freedomson a basis of equality with men.

Article 41. Adoption by States Parties of temporary specialmeasures aimed at accelerating de facto equality betweenmen and women shall not be considered discriminationas defined in the present Convention, but shall in no wayentail as a consequence the maintenance of unequal orseparate standards; these measures shall be discontinued when the objectives of equality of opportunity andtreatment have been achieved.

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2. Adoption by States Parties of special measures,including those measures contained in the presentConvention, aimed at protecting maternity shall not beconsidered discriminatory.

Article 5States Parties shall take all appropriate measures:

(a) To modify the social and cultural patterns of conduct ofmen and women, with a view to achieving theelimination of prejudices and customary and all otherpractices which are based on the idea of the inferiorityor the superiority of either of the sexes or onstereotyped roles for men and women;

(b) To ensure that family education includes a properunderstanding of maternity as a social function and therecognition of the common responsibility of men andwomen in the upbringing and development of theirchildren, it being understood that the interest of thechildren is the primordial consideration in all cases.

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

PART II

Article 7States Parties shall take all appropriate measures toeliminate discrimination against women in the politicaland public life of the country and, in particular, shallensure to women, on equal terms with men, the right:

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(a) To vote in all elections and public referenda and to beeligible for election to all publicly elected bodies;

(b) To participate in the formulation of government policyand the implementation thereof and to hold publicoffice and perform all public functions at all levels ofgovernment;

(c) To participate in non-governmental organizations andassociations concerned with the public and politicallife of the country.

Article 8States Parties shall take all appropriate measures toensure to women, on equal terms with men and withoutany discrimination, the opportunity to represent theirGovernments at the international level and to participatein the work of international organizations.

Article 91. States Parties shall grant women equal rights with mento acquire, change or retain their nationality. They shallensure in particular that neither marriage to an alien norchange of nationality by the husband during marriageshall automatically change the nationality of the wife,render her stateless or force upon her the nationality ofthe husband.

2. States Parties shall grant women equal rights with menwith respect to the nationality of their children.

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PART III

Article 10States Parties shall take all appropriate measures toeliminate discrimination against women in order toensure to them equal rights with men in the field ofeducation and in particular to ensure, on a basis ofequality of men and women:

(a) The same conditions for career and vocationalguidance, for access to studies and for theachievement of diplomas in educationalestablishments of all categories in rural as well as inurban areas; this equality shall be ensured in pre-school, general, technical, professional and highertechnical education, as well as in all types ofvocational training;

(b) Access to the same curricula, the same examinations,teaching staff with qualifications of the same standardand school premises and equipment of the samequality;

(c) The elimination of any stereotyped concept of theroles of men and women at all levels and in all formsof education by encouraging coeducation and othertypes of education which will help to achieve this aimand, in particular, by the revision of textbooks andschool programmes and the adaptation of teachingmethods;

(d) The same opportunities to benefit from scholarshipsand other study grants;

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(e) The same opportunities for access to programmes ofcontinuing education, including adult and functionalliteracy programmes, particularly those aimed atreducing, at the earliest possible time, any gap ineducation existing between men and women;

(f) The reduction of female student drop-out rates and theorganization of programmes for girls and women whohave left school prematurely;

(g) The same opportunities to participate actively in sportsand physical education;

(h) Access to specific educational information to help toensure the health and well-being of families, includinginformation and advice on family planning.

Article 111. States Parties shall take all appropriate measures toeliminate discrimination against women in the field ofemployment in order to ensure, on a basis of equality ofmen and women, the same rights, in particular:

(a) The right to work as an inalienable right of all humanbeings;

(b) The right to the same employment opportunities,including the application of the same criteria for selectionin matters of employment;

(c) The right to free choice of profession and employment,the right to promotion, job security and all benefits andconditions of service and the right to receive vocationaltraining and retraining, including apprenticeships,advanced vocational training and recurrent training;

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(d) The right to equal remuneration, including benefits,and to equal treatment in respect of work of equal value,as well as equality of treatment in the evaluation of thequality of work;

(e) The right to social security, particularly in cases ofretirement, unemployment, sickness, invalidity and oldage and other incapacity to work, as well as the right topaid leave;

(f) The right to protection of health and to safety inworking conditions, including the safeguarding of thefunction of reproduction.

2. In order to prevent discrimination against women onthe grounds of marriage or maternity and to ensure theireffective right to work, States Parties shall takeappropriate measures:

(a) To prohibit, subject to the imposition of sanctions,dismissal on the grounds of pregnancy or of maternityleave and discrimination in dismissals on the basis ofmarital status;

(b) To introduce maternity leave with pay or withcomparable social benefits without loss of formeremployment, seniority or social allowances;

(c) To encourage the provision of the necessarysupporting social services to enable parents tocombine family obligations with work responsibilitiesand participation in public life, in particular throughpromoting the establishment and development of anetwork of child-care facilities;

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(d) To provide special protection to women duringpregnancy in types of work proved to be harmful tothem.

3. Protective legislation relating to matters covered in thisarticle shall be reviewed periodically in the light ofscientific and technological knowledge and shall berevised, repealed or extended as necessary.

Article 121. States Parties shall take all appropriate measures toeliminate discrimination against women in the field ofhealth care in order to ensure, on a basis of equality ofmen and women, access to health care services,including those related to family planning.

2. Notwithstanding the provisions of paragraph 1 of thisarticle, States Parties shall ensure to women appropriateservices in connexion with pregnancy, confinement andthe post-natal period, granting free services wherenecessary, as well as adequate nutrition duringpregnancy and lactation.

Article 13States Parties shall take all appropriate measures toeliminate discrimination against women in other areas ofeconomic and social life in order to ensure, on a basis ofequality of men and women, the same rights, inparticular:

(a) The right to family benefits;

(b) The right to bank loans, mortgages and other formsof financial credit;

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(c) The right to participate in recreational activities, sportsand all aspects of cultural life.

Article 141. States Parties shall take into account the particularproblems faced by rural women and the significant roleswhich rural women play in the economic survival of theirfamilies, including their work in the non-monetizedsectors of the economy, and shall take all appropriatemeasures to ensure the application of the provisions ofthis Convention to women in rural areas.

2. States Parties shall take all appropriate measures toeliminate discrimination against women in rural areas inorder to ensure, on a basis of equality of men andwomen, that they participate in and benefit from ruraldevelopment and, in particular, shall ensure to suchwomen the right:

(a) To participate in the elaboration and implementationof development planning at all levels;

(b) To have access to adequate health care facilities,including information, counselling and services infamily planning;

(c) To benefit directly from social security programmes;

(d) To obtain all types of training and education, formaland non-formal, including that relating to functionalliteracy, as well as, inter alia, the benefit of allcommunity and extension services, in order toincrease their technical proficiency;

(e) To organize self-help groups and co-operatives inorder to obtain equal access to economic opportunitiesthrough employment or self-employment;

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(f) To participate in all community activities;

(g) To have access to agricultural credit and loans,marketing facilities, appropriate technology andequal treatment in land and agrarian reform as wellas in land resettlement schemes;

(h) To enjoy adequate living conditions, particularly inrelation to housing, sanitation, electricity and watersupply, transport and communications.

PART IV

Article 151. States Parties shall accord to women equality with menbefore the law.

2. States Parties shall accord to women, in civil matters, alegal capacity identical to that of men and the sameopportunities to exercise that capacity. In particular, theyshall give women equal rights to conclude contracts andto administer property and shall treat them equally in allstages of procedure in courts and tribunals.

3. States Parties agree that all contracts and all otherprivate instruments of any kind with a legal effect whichis directed at restricting the legal capacity of women shallbe deemed null and void.

4. States Parties shall accord to men and women thesame rights with regard to the law relating to themovement of persons and the freedom to choose theirresidence and domicile.

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Article 161. States Parties shall take all appropriate measures toeliminate discrimination against women in all mattersrelating to marriage and family relations and inparticular shall ensure, on a basis of equality of men andwomen:(a) The same right to enter into marriage;

(b) The same right freely to choose a spouse and to enterinto marriage only with their free and full consent;

(c) The same rights and responsibilities during marriageand at its dissolution;

(d) The same rights and responsibilities as parents,irrespective of their marital status, in matters relatingto their children; in all cases the interests of thechildren shall be paramount;

(e) The same rights to decide freely and responsibly onthe number and spacing of their children and to haveaccess to the information, education and means toenable them to exercise these rights;

(f) The same rights and responsibilities with regard toguardianship, wardship, trusteeship and adoption ofchildren, or similar institutions where these conceptsexist in national legislation; in all cases the interests ofthe children shall be paramount;

(g) The same personal rights as husband and wife,including the right to choose a family name, aprofession and an occupation;

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(h) The same rights for both spouses in respect of theownership, acquisition, management, administration,enjoyment and disposition of property, whether free ofcharge or for a valuable consideration.

2. The betrothal and the marriage of a child shall haveno legal effect, and all necessary action, includinglegislation, shall be taken to specify a minimum age formarriage and to make the registration of marriages in anofficial registry compulsory.

PART V

Article 171. For the purpose of considering the progress made inthe implementation of the present Convention, there shallbe established a Committee on the Elimination ofDiscrimination against Women (hereinafter referred to asthe Committee) consisting, at the time of entry into forceof the Convention, of eighteen and, after ratification of oraccession to the Convention by the thirty-fifth State Party,of twenty-three experts of high moral standing andcompetence in the field covered by the Convention. Theexperts shall be elected by States Parties from amongtheir nationals and shall serve in their personal capacity,consideration being given to equitable geographicaldistribution and to the representation of the differentforms of civilization as well as the principal legal systems.

2. The members of the Committee shall be elected bysecret ballot from a list of persons nominated by StatesParties. Each State Party may nominate one person fromamong its own nationals.

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3. The initial election shall be held six months after thedate of the entry into force of the present Convention. Atleast three months before the date of each election theSecretary-General of the United Nations shall address aletter to the States Parties inviting them to submit theirnominations within two months. The Secretary-Generalshall prepare a list in alphabetical order of all personsthus nominated, indicating the States Parties which havenominated them, and shall submit it to the States Parties.

4. Elections of the members of the Committee shall beheld at a meeting of States Parties convened by theSecretary-General at United Nations Headquarters. Atthat meeting, for which two thirds of the States Partiesshall constitute a quorum, the persons elected to theCommittee shall be those nominees who obtain thelargest number of votes and an absolute majority of thevotes of the representatives of States Parties present andvoting.

5. The members of the Committee shall be elected for aterm of four years. However, the terms of nine of themembers elected at the first election shall expire at theend of two years; immediately after the first election thenames of these nine members shall be chosen by lot bythe Chairman of the Committee.

6. The election of the five additional members of theCommittee shall be held in accordance with theprovisions of paragraphs 2, 3 and 4 of this article,following the thirty-fifth ratification or accession. Theterms of two of the additional members elected on thisoccasion shall expire at the end of two years, the namesof these two members having been chosen by lot by theChairman of the Committee.

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7. For the filling of casual vacancies, the State Partywhose expert has ceased to function as a member of theCommittee shall appoint another expert from among itsnationals, subject to the approval of the Committee.

8. The members of the Committee shall, with theapproval of the General Assembly, receive emolumentsfrom United Nations resources on such terms andconditions as the Assembly may decide, having regard tothe importance of the Committee’s responsibilities.

9. The Secretary-General of the United Nations shallprovide the necessary staff and facilities for the effectiveperformance of the functions of the Committee under thepresent Convention.

Article 181. States Parties undertake to submit to the Secretary-General of the United Nations, for consideration by theCommittee, a report on the legislative, judicial,administrative or other measures which they haveadopted to give effect to the provisions of the presentConvention and on the progress made in this respect:

(a) Within one year after the entry into force for the Stateconcerned; and

(b) Thereafter at least every four years and furtherwhenever the Committee so requests.

2. Reports may indicate factors and difficulties affectingthe degree of fulfilment of obligations under the presentConvention.

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Article 191. The Committee shall adopt its own rules of procedure.

2. The Committee shall elect its officers for a term of twoyears.

Article 201. The Committee shall normally meet for a period of notmore than two weeks annually in order to consider thereports submitted in accordance with article 18 of thepresent Convention.

2. The meetings of the Committee shall normally be heldat United Nations Headquarters or at any otherconvenient place as determined by the Committee.

Article 211. The Committee shall, through the Economic andSocial Council, report annually to the General Assemblyof the United Nations on its activities and may makesuggestions and general recommendations based on theexamination of reports and information received from theStates Parties. Such suggestions and generalrecommendations shall be included in the report of theCommittee together with comments, if any, from StatesParties.

2. The Secretary-General shall transmit the reports of theCommittee to the Commission on the Status of Womenfor its information.

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

PART VI

Article 23Nothing in this Convention shall affect any provisions thatare more conducive to the achievement of equalitybetween men and women which may be contained:

(a) In the legislation of a State Party; or

(b) In any other international convention, treaty oragreement in force for that State.

Article 24 States Parties undertake to adopt all necessary measuresat the national level aimed at achieving the fullrealization of the rights recognized in the presentConvention.

Article 251. The present Convention shall be open for signature byall States.

2. The Secretary-General of the United Nations isdesignated as the depositary of the present Convention.

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3. The present Convention is subject to ratification.Instruments of ratification shall be deposited with theSecretary-General of the United Nations.

4. The present Convention shall be open to accession byall States. Accession shall be effected by the deposit of aninstrument of accession with the Secretary-General of theUnited Nations.

Article 261. A request for the revision of the present Conventionmay be made at any time by any State Party by means ofa notification in writing addressed to the Secretary-General of the United Nations.2. The General Assembly of the United Nations shalldecide upon the steps, if any, to be taken in respect ofsuch a request.

Article 271. The present Convention shall enter into force on thethirtieth day after the date of deposit with the Secretary-General of the United Nations of the twentieth instrumentof ratification or accession.

2. For each State ratifying the present Convention oracceding to it after the deposit of the twentieth instrumentof ratification or accession, the Convention shall enterinto force on the thirtieth day after the date of the depositof its own instrument of ratification or accession.

Article 281. The Secretary-General of the United Nations shallreceive and circulate to all States the text of reservationsmade by States at the time of ratification or accession.

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2. A reservation incompatible with the object andpurpose of the present Convention shall not bepermitted.

3. Reservations may be withdrawn at any time bynotification to this effect addressed to the Secretary-General of the United Nations, who shall then inform allStates thereof. Such notification shall take effect on thedate on which it is received.

Article 291. Any dispute between two or more States Partiesconcerning the interpretation or application of thepresent Convention which is not settled by negotiationshall, at the request of one of them, be submitted toarbitration. If within six months from the date of therequest for arbitration the parties are unable to agree onthe organization of the arbitration, any one of thoseparties may refer the dispute to the International Court ofJustice by request in conformity with the Statute of theCourt.

2. Each State Party may at the time of signature orratification of this Convention or accession theretodeclare that it does not consider itself bound byparagraph 1 of this article. The other States Parties shallnot be bound by that paragraph with respect to any StateParty which has made such a reservation.

3. Any State Party which has made a reservation inaccordance with paragraph 2 of this article may at anytime withdraw that reservation by notification to theSecretary-General of the United Nations.

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

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

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Optional Protocol to the Convention on the Eliminationof All Forms of Discrimination against Women

The States Parties to the present Protocol,

Noting that the Charter of the United Nationsreaffirms faith in fundamental human rights, in thedignity and worth of the human person and in the equalrights of men and women,

Also noting that the Universal Declaration of HumanRights proclaims that all human beings are born free andequal in dignity and rights and that everyone is entitled toall the rights and freedoms set forth therein, withoutdistinction of any kind, including distinction based on sex,

Recalling that the International Covenants on HumanRights and other international human rights instrumentsprohibit discrimination on the basis of sex,

Also recalling the Convention on the Elimination ofAll Forms of Discrimination against Women (“theConvention”), in which the States Parties thereto condemndiscrimination against women in all its forms and agreeto pursue by all appropriate means and without delay apolicy of eliminating discrimination against women,

Reaffirming their determination to ensure the full andequal enjoyment by women of all human rights andfundamental freedoms and to take effective action toprevent violations of these rights and freedoms,

Have agreed as follows:

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Article 1A State Party to the present Protocol (“State Party”)recognizes the competence of the Committee on theElimination of Discrimination against Women (“theCommittee”) to receive and consider communicationssubmitted in accordance with article 2.

Article 2Communications may be submitted by or on behalf ofindividuals or groups of individuals, under the jurisdictionof a State Party, claiming to be victims of a violation ofany of the rights set forth in the Convention by that StateParty. Where a communication is submitted on behalf ofindividuals or groups of individuals, this shall be withtheir consent unless the author can justify acting on theirbehalf without such consent.

Article 3Communications shall be in writing and shall not beanonymous. No communication shall be received by theCommittee if it concerns a State Party to the Conventionthat is not a party to the present Protocol.

Article 41. The Committee shall not consider a communicationunless it has ascertained that all available domesticremedies have been exhausted unless the application ofsuch remedies is unreasonably prolonged or unlikely tobring effective relief.

2. The Committee shall declare a communicationinadmissible where:

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(a) The same matter has already been examined by theCommittee or has been or is being examined underanother procedure of international investigation orsettlement;

(b) It is incompatible with the provisions of theConvention;

(c) It is manifestly ill-founded or not sufficientlysubstantiated;

(d) It is an abuse of the right to submit a communication;

(e) The facts that are the subject of the communicationoccurred prior to the entry into force of the presentProtocol for the State Party concerned unless thosefacts continued after that date.

Article 51. At any time after the receipt of a communication andbefore a determination on the merits has been reached,the Committee may transmit to the State Party concernedfor its urgent consideration a request that the State Partytake such interim measures as may be necessary to avoidpossible irreparable damage to the victim or victims ofthe alleged violation.

2. Where the Committee exercises its discretion underparagraph 1 of the present article, this does not imply adetermination on admissibility or on the merits of thecommunication.

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Article 61. Unless the Committee considers a communicationinadmissible without reference to the State Partyconcerned, and provided that the individual orindividuals consent to the disclosure of their identity tothat State Party, the Committee shall bring anycommunication submitted to it under the present Protocolconfidentially to the attention of the State Partyconcerned.

2. Within six months, the receiving State Party shallsubmit to the Committee written explanations orstatements clarifying the matter and the remedy, if any,that may have been provided by that State Party.

Article 71. The Committee shall consider communicationsreceived under the present Protocol in the light of allinformation made available to it by or on behalf ofindividuals or groups of individuals and by the State Partyconcerned, provided that this information is transmittedto the parties concerned.

2. The Committee shall hold closed meetings whenexamining communications under the present Protocol.

3. After examining a communication, the Committeeshall transmit its views on the communication, togetherwith its recommendations, if any, to the partiesconcerned.

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4. The State Party shall give due consideration to theviews of the Committee, together with itsrecommendations, if any, and shall submit to theCommittee, within six months, a written response,including information on any action taken in the light ofthe views and recommendations of the Committee.

5. The Committee may invite the State Party to submitfurther information about any measures the State Partyhas taken in response to its views or recommendations, ifany, including as deemed appropriate by the Committee,in the State Party’s subsequent reports under article 18 ofthe Convention.

Article 81. If the Committee receives reliable informationindicating grave or systematic violations by a State Partyof rights set forth in the Convention, the Committee shallinvite that State Party to cooperate in the examination ofthe information and to this end to submit observationswith regard to the information concerned.

2. Taking into account any observations that may havebeen submitted by the State Party concerned as well asany other reliable information available to it, theCommittee may designate one or more of its members toconduct an inquiry and to report urgently to theCommittee. Where warranted and with the consent of theState Party, the inquiry may include a visit to its territory.

3. After examining the findings of such an inquiry, theCommittee shall transmit these findings to the State Partyconcerned together with any comments and recommen-dations.

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4. The State Party concerned shall, within six months ofreceiving the findings, comments and recommendationstransmitted by the Committee, submit its observations tothe Committee.

5. Such an inquiry shall be conducted confidentially andthe cooperation of the State Party shall be sought at allstages of the proceedings.

Article 91. The Committee may invite the State Party concerned toinclude in its report under article 18 of the Conventiondetails of any measures taken in response to an inquiryconducted under article 8 of the present Protocol.

2. The Committee may, if necessary, after the end of theperiod of six months referred to in article 8.4, invite theState Party concerned to inform it of the measures takenin response to such an inquiry.

Article 101. Each State Party may, at the time of signature orratification of the present Protocol or accession thereto,declare that it does not recognize the competence of theCommittee provided for in articles 8 and 9.

2. Any State Party having made a declaration inaccordance with paragraph 1 of the present article may,at any time, withdraw this declaration by notification tothe Secretary-General.

Article 11A State Party shall take all appropriate steps to ensurethat individuals under its jurisdiction are not subjected toill treatment or intimidation as a consequence ofcommunicating with the Committee pursuant to thepresent Protocol.

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Article 12The Committee shall include in its annual report underarticle 21 of the Convention a summary of its activitiesunder the present Protocol.

Article 13Each State Party undertakes to make widely known and togive publicity to the Convention and the present Protocoland to facilitate access to information about the viewsand recommendations of the Committee, in particular,on matters involving that State Party.

Article 14The Committee shall develop its own rules of procedureto be followed when exercising the functions conferred onit by the present Protocol.

Article 151. The present Protocol shall be open for signature by anyState that has signed, ratified or acceded to theConvention.

2. The present Protocol shall be subject to ratification byany State that has ratified or acceded to the Convention.Instruments of ratification shall be deposited with theSecretary-General of the United Nations.

3. The present Protocol shall be open to accession by anyState that has ratified or acceded to the Convention.

4. Accession shall be effected by the deposit of aninstrument of accession with the Secretary-General of theUnited Nations.

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Article 161. The present Protocol shall enter into force threemonths after the date of the deposit with the Secretary-General of the United Nations of the tenth instrument ofratification or accession.

2. For each State ratifying the present Protocol oracceding to it after its entry into force, the presentProtocol shall enter into force three months after the dateof the deposit of its own instrument of ratification oraccession.

Article 17No reservations to the present Protocol shall bepermitted.

Article 181. Any State Party may propose an amendment to thepresent Protocol and file it with the Secretary-General ofthe United Nations. The Secretary-General shallthereupon communicate any proposed amendments tothe States Parties with a request that they notify her or himwhether they favour a conference of States Parties for thepurpose of considering and voting on the proposal. In theevent that at least one third of the States Parties favoursuch a conference, the Secretary-General shall convenethe conference under the auspices of the United Nations.Any amendment adopted by a majority of the StatesParties present and voting at the conference shall besubmitted to the General Assembly of the United Nationsfor approval.

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2. Amendments shall come into force when they havebeen approved by the General Assembly of the UnitedNations and accepted by a two-thirds majority of theStates Parties to the present Protocol in accordance withtheir respective constitutional processes.

3. When amendments come into force, they shall bebinding on those States Parties that have accepted them,other States Parties still being bound by the provisions ofthe present Protocol and any earlier amendments thatthey have accepted.

Article 191. Any State Party may denounce the present Protocol atany time by written notification addressed to theSecretary-General of the United Nations. Denunciationshall take effect six months after the date of receipt of thenotification by the Secretary-General.

2. Denunciation shall be without prejudice to thecontinued application of the provisions of the presentProtocol to any communication submitted under article 2or any inquiry initiated under article 8 before the effectivedate of denunciation.

Article 20The Secretary-General of the United Nations shall informall States of:

(a) Signatures, ratifications and accessions under thepresent Protocol;

(b) The date of entry into force of the present Protocol andof any amendment under article 18;

(c) Any denunciation under article 19.

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Article 211. The present Protocol, of which the Arabic, Chinese,English, French, Russian and Spanish texts are equallyauthentic, shall be deposited in the archives of the UnitedNations.

2. The Secretary-General of the United Nations shalltransmit certified copies of the present Protocol to allStates referred to in article 25 of the Convention.

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