United Nations CEDAW/SP/2006/2
Convention on the Elimination
of All Forms of Discrimination
against Women
Distr.: General
10 April 2006
Original: English
06-30997 (E) 160506
*0630997*
Meeting of States Parties to the Convention
on the Elimination of All Forms of
Discrimination against Women
Fourteenth meeting
New York, 23 June 2006
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
Contents
Page
I. Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
II. Convention on the Elimination of All Forms of Discrimination against Women. . . . . . . . . . . . . 5
A. General information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
B. Text of declarations and reservations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Algeria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Argentina . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Australia . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Austria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Bahamas. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Bahrain. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Bangladesh . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Brazil . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
China . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
* CEDAW/SP/2006/1.
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Cuba. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Democratic People’s Republic of Korea . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Egypt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
El Salvador . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Ethiopia . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
France . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Germany . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
India . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Indonesia . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Iraq. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Ireland . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Israel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Jamaica . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Jordan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Kuwait . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Lebanon . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Lesotho . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Libyan Arab Jamahiriya . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Liechtenstein . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Luxembourg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Malaysia . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Maldives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Malta . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Mauritania . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Mauritius . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Micronesia (Federated States of) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Monaco . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Morocco. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Myanmar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Netherlands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
New Zealand . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Niger . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Oman . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
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Pakistan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Republic of Korea. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Saudi Arabia . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Singapore. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Spain . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Switzerland . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Syrian Arab Republic . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Thailand. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Trinidad and Tobago . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Tunisia . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Turkey . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
United Arab Emirates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
United Kingdom of Great Britain and Northern Ireland . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Venezuela (Bolivarian Republic of) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
Viet Nam . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
Yemen . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
C. Notification of withdrawal of certain reservations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
Ireland . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
Kuwait . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
Lesotho . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
D. Objections to certain declarations and reservations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
Austria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
Denmark . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
Finland. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
France . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
Germany . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
Greece . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
Latvia . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
Netherlands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
Norway . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
Poland . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
Portugal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
Spain . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
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Sweden. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
United Kingdom of Great Britain and Northern Ireland . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
E. Communications received by the Secretary-General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
United Kingdom of Great Britain and Northern Ireland . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
Annexes
I. Status of declarations, reservations, objections and notifications of withdrawal of
reservations by States parties related to articles of the Convention, as at 1 April 2006 . . . . . . . 48
II. Articles of the Convention for which States parties have not yet withdrawn their reservations,
as at 1 April 2006 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
III. States parties that maintain reservations to the Convention, as at 1 April 2006 . . . . . . . . . . . . . . 60
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I. Introduction
1. Article 28 of the Convention on the Elimination of All Forms of
Discrimination against Women provides that the Secretary-General shall receive and
circulate to all States the texts of reservations made by States at the time of
ratification of, or accession to, the Convention. The present report contains
information on the declarations, reservations, objections and notifications of
withdrawal of reservations made by States parties with respect to the Convention as
at 1 April 2006, reproduced in Multilateral Treaties Deposited with the SecretaryGeneral:
Status as at 31 December 2004.1 Information for 2006 is taken from the
multilateral treaties website of the Office of Legal Affairs of the Secretariat.2 The
present report updates the two previous consolidated reports, which had been
submitted at the Twelfth Meeting of States Parties held on 29 August 2002
(CEDAW/SP/2002/2) and the Thirteenth Meeting of States Parties, held on 5 August
2004 (CEDAW/SP/2004/2).
II. 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. As of 1 April 2006, 182 States had ratified or
acceded to the Convention. Since the last report (CEDAW/SP/2004/2) the following
five States have become party to the Convention: Marshall Islands on 2 March
2006; Micronesia (Federated States of) on 1 September 2004; Monaco on 18 March
2005; Oman on 7 February 2006 and United Arab Emirates on 6 October 2004.
3. By its resolution 54/4 of 6 October 1999, the General Assembly adopted the
Optional Protocol to the Convention on the Elimination of All Forms of
Discrimination against Women. The Optional Protocol entitles individuals and
groups of individuals to submit communications concerning alleged violations of
the Convention by a State party to the Committee on the Elimination of
Discrimination against Women. It also allows the Committee to inquire of its own
motion into grave or systematic violations of the Convention.
4. As at 1 April 2006, 78 States parties to the Convention had ratified or acceded
to the Optional Protocol to the Convention. Since the last report
(CEDAW/SP/2004/2), the following 15 States parties have become party to the
Optional Protocol: Burkina Faso on 10 October 2005; Cameroon on 7 January 2005;
Gabon on 5 November 2004; Lesotho on 24 September 2004; Lithuania on 5 August
2004; Maldives on 13 March 2006; Niger on 30 September 2004; Nigeria on
22 November 2004; Republic of Moldova on 28 February 2006; Saint Kitts and
Nevis on 20 January 2006; San Marino on 15 September 2005; Slovenia on
23 September 2004; South Africa on 18 October 2005; United Kingdom of Great
__________________
1 United Nations publication, Sales No. E.05.V.3, ST/LEG/SER.E/23.
2 http://untreaty.un.org/ENGLISH/bible/englishinternetbible/partI/chapterIV/treaty10.asp.
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Britain and Northern Ireland on 17 December 2004 and United Republic of Tanzania
on 12 January 2006.
5. As at 1 April 2006, 48 States parties to the Convention had deposited with the
Secretary-General the instrument of acceptance of the amendment to article 20,
paragraph 1, of the Convention concerning the Committee’s meeting time. Since the
last report (CEDAW/SP/2004/2), the following four States parties have deposited
instruments of acceptance: Georgia on 30 September 2005; Liberia on 16 September
2005; Lithuania on 5 August 2004; and Republic of Moldova on 28 February 2006.
6. In its resolution 60/230, the General Assembly decided to authorize the
Committee to hold three annual sessions of three weeks each, with a one-week presessional
working group for each session, effective from January 2006 as a
temporary measure, and to continue to authorize two annual sessions of the Working
Group on Communications under the Optional Protocol to the Convention. The
Assembly also decided to authorize the Committee to meet on an exceptional and
temporary basis in 2006 and 2007 for up to seven days in parallel working groups
during its third (July/August) annual session in 2006 and its first (January) and third
(July/August) annual sessions in 2007, taking due account of equitable geographical
distribution, for the purpose of considering reports of States parties submitted under
article 18 of the Convention.
7. During the period 1 June 2004 to 1 April 2006, reservations to the Convention
were entered by the following States parties: Micronesia (Federated States of);
Monaco; Oman; and United Arab Emirates (see section B, and annexes I, II and III).
During the same period, objections to reservations were made by the following
States parties: Austria to the reservations made by the United Arab Emirates;
Denmark to the reservations made by the United Arab Emirates; Finland to the
reservations made by Micronesia (Federated States of) and the United Arab
Emirates; France to the reservations made by the United Arab Emirates; Germany to
the reservations made by the United Arab Emirates; Greece to the reservations made
by the United Arab Emirates; Latvia to the reservations made by the United Arab
Emirates; Netherlands to the reservations made by the United Arab Emirates;
Norway to the reservations made by the United Arab Emirates; Poland to the
reservations made by the United Arab Emirates; Portugal to the reservations made
by the United Arab Emirates and Micronesia (Federated States of); Spain to the
reservations made by the United Arab Emirates; Sweden to the reservations made by
Micronesia (Federated States of) and the United Arab Emirates; United Kingdom of
Great Britain and Northern Ireland to the reservations made by Micronesia
(Federated States of) and the United Arab Emirates (see section D and annexes I, II
and III).
8. During the period 1 June 2004 to 1 April 2006, the Secretary-General received
notifications of withdrawals of reservations from the following three States parties:
Ireland on 11 June 2004 to article 13, paragraphs (b) and (c); Kuwait on 9 December
2005 to article 7, paragraph (a); Lesotho on 25 August 2004, general (see sect. C).
B. Text of declarations and reservations
9. Following are the texts of declarations and reservations made by States parties
to the Convention on the Elimination of All Forms of Discrimination against
Women.
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Algeria
[Original: French]
[22 May 1996]
Reservations
Article 2
The Government of the People’s Democratic Republic of Algeria declares that
it is prepared to apply the provisions of this article on condition that they do not
conflict with the provisions of the Algerian Family Code.
Article 9, paragraph 2
The Government of the People’s Democratic Republic of Algeria wishes to
express its reservations concerning the provisions of article 9, paragraph 2, which
are incompatible with the provisions of the Algerian Nationality Code and the
Algerian Family Code.
The Algerian Nationality Code allows a child to take the nationality of the
mother only when:
– The father is either unknown or stateless;
– The child is born in Algeria to an Algerian mother and a foreign father who
was born in Algeria.
Moreover, a child born in Algeria to an Algerian mother and a foreign father who
was not born on Algerian territory may, under article 26 of the Algerian Nationality
Code, acquire the nationality of the mother providing the Ministry of Justice does
not object.
Article 41 of the Algerian Family Code states that a child is affiliated to its
father through legal marriage.
Article 43 of that Code states that “the child is affiliated to its father if it is
born in the 10 months following the date of separation or death”.
Article 15, paragraph 4
The Government of the People’s Democratic Republic of Algeria declares that
the provisions of article 15, paragraph 4, concerning the right of women to choose
their residence and domicile should not be interpreted in such a manner as to
contradict the provisions of chapter 4 (art. 37) of the Algerian Family Code.
Article 16
The Government of the People’s Democratic Republic of Algeria declares that
the provisions of article 16 concerning equal rights for men and women in all
matters relating to marriage, both during marriage and at its dissolution, should not
contradict the provisions of the Algerian Family Code.
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Article 29
The Government of the People’s Democratic Republic of Algeria does not
consider itself bound by article 29, paragraph 1, which states that 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 or to the International Court of Justice.
The Government of the People’s Democratic Republic of Algeria holds that no
such dispute can be submitted to arbitration or to the International Court of Justice
except with the consent of all the parties to the dispute.
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, paragraph 2 (b), to introduce maternity
leave with pay or with comparable social benefit throughout Australia.
9
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Austria
[Original: English]
[31 March 1982]
Reservation
Austria reserves its right to apply 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.
Bahamas
[Original: English]
[6 October 1993]
Reservation
The Government of the Commonwealth of the Bahamas does not consider
itself bound by the provisions of article 2 (a), article 9, paragraph 2, article 16,
paragraph 1 (h) [and] article 29, paragraph 1, of the Convention.
Bahrain
[Original: Arabic]
[18 June 2002]
Reservation
The Kingdom of Bahrain makes reservations with respect to the following
provisions of the Convention:
Article 2, in order to ensure its implementation within the bounds of the
provisions of the Islamic sharia;
Article 9, paragraph 2;
Article 15, paragraph 4;
Article 16, insofar as it is incompatible with the provisions of the Islamic
sharia;
Article 29, paragraph 1.
10
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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 article 2, as they conflict with sharia law based
on [the] Holy Koran and Sunna.
Brazil
[Original: English]
[1 February 1984]
Reservation
Brazil does not consider itself bound by article 29, paragraph 1, of the
Convention.
China
[Original: Chinese]
[4 November 1980]
Declaration
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.
11
CEDAW/SP/2006/2
Democratic People’s Republic of Korea
[Original: English]
[27 February 2001]
Reservation
The Government of the Democratic People’s Republic of Korea does not
consider itself bound by the provisions of paragraph (f) of article 2, paragraph 2 of
article 9 and paragraph 1 of article 29 of the Convention.
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 sharia 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 sharia 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 sharia 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.
12
CEDAW/SP/2006/2
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 sharia.
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
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.
13
CEDAW/SP/2006/2
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
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.
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, paragraph 1 (g)
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 16 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 16 December 1966 on Civil and Political Rights and on
Economic, Social and Cultural Rights. It will interpret the eleventh paragraph of the
preamble accordingly.
14
CEDAW/SP/2006/2
India
[Original: English]
[9 July 1993]
Declarations
With regard to articles 5 (a) and 16, paragraph 1, of the Convention on the
Elimination of All Forms of Discrimination against Women, the Government of the
Republic of India declares that it shall abide by and ensure these provisions in
conformity with its policy of non-interference in the personal affairs of any
community without its initiative and consent.
With regard to article 16, paragraph 2, of the Convention on the Elimination of
All Forms of Discrimination against Women, the Government of the Republic of
India declares that, though in principle it fully supports the principle of compulsory
registration of marriages, it is not practical in a vast country like India with its
variety of customs, religions and level of literacy.
Reservation
With regard to article 29 of the Convention on the Elimination of All Forms of
Discrimination against Women, the Government of the Republic of India declares
that it does not consider itself bound by paragraph 1 of this article.
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
Approval of and accession to this Convention shall not mean that the Republic
of Iraq is bound by the provisions of article 2, subparagraphs (f) and (g), of article 9,
paragraphs 1 and 2, or of article 16 of the Convention. The reservations to this lastmentioned
article shall be without prejudice to the provisions of the Islamic sharia
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,
15
CEDAW/SP/2006/2
of this Convention with regard to the principle of international arbitration in
connection with the interpretation or application of this Convention.
This approval in no way implies recognition of or entry into any relations with
Israel.
Ireland
[Original: English]
[23 December 1985]
Reservations
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.
Articles 11, paragraph 1, and 13 (a)
Ireland reserves the right to regard the Anti-Discrimination (Pay) Act, 1974
and the Employment Equality Act, 1977 and other measures taken in
implementation of the European Economic Community standards concerning
employment opportunities and pay as sufficient implementation of article 11,
paragraph 1 (b), (c) and (d).
Ireland reserves the right for the time being to maintain provisions of Irish
legislation in the area of social security which are more favourable to women than
men.
Israel
[Original: English]
[3 October 1991]
Reservations
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.
The State of Israel hereby expresses its reservation with regard to article 16 of
the Convention, insofar as the laws of personal status binding on the several
religious communities in Israel do not conform with the provisions of that article.
16
CEDAW/SP/2006/2
Declaration
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]
Reservation
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]
Reservations
Jordan does not consider itself bound by the following provisions:
(a) Article 9, paragraph 2;
(b) Article 15, paragraph 4 (a woman’s residence and domicile are with her
husband);
(c) Article 16, paragraph 1 (c), relating to the rights arising upon the
dissolution of a marriage in connection with maintenance and compensation;
(d) Article 16, paragraph 1 (d) and (g).
Kuwait
[Original: Arabic]
[2 September 1994]
Reservations
Article 9, paragraph 2
The Government of Kuwait reserves its right not to implement the provision
contained in article 9, paragraph 2, of the Convention, inasmuch as it runs counter to
the Kuwaiti Nationality Act, which stipulates that a child’s nationality shall be
determined by that of his father.
17
CEDAW/SP/2006/2
Article 16, paragraph 1 (f)
The Government of the State of Kuwait declares that it does not consider itself
bound by the provision contained in article 16, paragraph 1 (f), inasmuch as it
conflicts with the provisions of the Islamic sharia, Islam being the official religion
of the State.
Article 29, paragraph 1
The Government of Kuwait declares that it is not bound by the provision
contained in article 29, paragraph 1.
Lebanon
[Original: French]
[16 April 1997]
Reservations
The Government of the Lebanese Republic enters reservations regarding
article 9, paragraph 2, and article 16, paragraph 1 (c), (d), (f) and (g) (regarding the
right to choose a family name).
In accordance with paragraph 2 of article 29, the Government of the Lebanese
Republic declares that it does not consider itself bound by the provisions of
paragraph 1 of that article.
Lesotho
[Original: English]
[22 August 1995]
Reservations
The Government of the Kingdom of Lesotho declares that it does not consider
itself bound by article 2 to the extent that it conflicts with Lesotho’s constitutional
stipulations relative to succession to the throne of the Kingdom of Lesotho and the
law relating to succession to chieftainship.
Libyan Arab Jamahiriya
[Original: Arabic]
[5 July 1995]
Reservations
Article 2 of the Convention shall be implemented with due regard for the
peremptory norms of the Islamic sharia relating to determination of the inheritance
portions of the estate of a deceased person, whether female or male.
18
CEDAW/SP/2006/2
The implementation of article 16, paragraph 1 (c) and (d), of the Convention
shall be without prejudice to any of the rights guaranteed to women by the Islamic
sharia.
Liechtenstein
[Original: English]
[22 December 1995]
Reservation
In the light of the definition given in article 1 of the Convention, the
Principality of Liechtenstein reserves the right to apply, with respect to all the
obligations of the Convention, article 3 of the Liechtenstein Constitution.
Luxembourg
[Original: French]
[2 February 1989]
Reservations
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.
The application of paragraph 1 (g) of article 16 of the Convention shall not
affect the right to choose the family name of children.
Malaysia
[Original: English]
[5 July 1995]
Reservations
The Government of Malaysia declares that Malaysia’s accession is subject to
the understanding that the provisions of the Convention do not conflict with the
provisions of the Islamic sharia law and the Federal Constitution of Malaysia. With
regard thereto, further, the Government of Malaysia does not consider itself bound
by the provisions of articles 5 (a), 7 (b), 9, paragraph 2, and 16, paragraph 1, (a),
(c), (f) and (g), and paragraph 2 of the aforesaid Convention.
In relation to article 11, Malaysia interprets the provisions of this article as a
reference to the prohibition of discrimination on the basis of equality between men
and women only.
19
CEDAW/SP/2006/2
Maldives
[Original: English]
[23 June 1999]
Reservations
The Government of the Republic of Maldives expresses its reservation to
article 7 (a) of the Convention, to the extent that the provision contained in the said
paragraph conflicts with the provision of article 34 of the Constitution of the
Republic of Maldives.
The Government of the Republic of Maldives reserves its right to apply article
16 of the Convention concerning the equality of men and women in all matters
relating to marriage and family relations without prejudice to the provisions of the
Islamic sharia, which govern all marital and family relations of the 100 per cent
Muslim population of the Maldives.
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
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.
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, insofar 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.
20
CEDAW/SP/2006/2
Article 16, paragraph 1 (e)
The Government of Malta does not consider itself bound by subparagraph (e)
of paragraph 1 of article 16, insofar as the same may be interpreted as imposing an
obligation on Malta to legalize abortion.
Mauritania
[Original: French]
[10 May 2001]
Reservation
The Government of Mauritania, having seen and examined the Convention on
the Elimination of All Forms of Discrimination against Women, adopted by the
United Nations General Assembly on 18 December 1979, has approved and does
approve it in each and every one of its parts which are not contrary to Islamic sharia
and are in accordance with our Constitution.
Mauritius
[Original: English]
[9 July 1984]
Reservation
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.
Micronesia (Federated States of)
[Original: English]
[1 September 2004]
Reservations
The Government of the Federated States of Micronesia advises that it is not at
present in a position to take the measures either required by article 11, paragraph
1 (d) of the Convention to enact comparable worth legislation, or by article 11,
paragraph 2 (b) to enact maternity leave with pay or with comparable social benefits
throughout the nation.
The Government of the Federated States of Micronesia, in its capacity as
trustee of the heritage of diversity within its States under article V of its
Constitution, reserves the right not to apply the provisions of articles 2 (f), 5 and 16
to the succession of certain well-established traditional titles, and to marital customs
that divide tasks or decision-making in purely voluntary or consensual private
conduct.
The Government of the Federated States of Micronesia does not consider itself
bound by the provisions of article 29, paragraph 1 of the Convention, and takes the
21
CEDAW/SP/2006/2
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 parties to the dispute.
Monaco
[Original: French]
[18 March 2005]
Declarations
The implementation of the Convention on the Elimination of All Forms of
Discrimination against Women does not affect the validity of conventions concluded
with France.
The Principality of Monaco deems that the aims of the Convention are to
eliminate all forms of discrimination against women and guarantee every individual,
irrespective of gender, equality before the law, when the aforementioned aims are in
line with the principles stipulated in the Constitution.
The Principality of Monaco declares that no provision in the Convention can
be interpreted as impeding the provisions of the laws and regulations of Monaco
that are more favourable to women than to men.
Reservations
The ratification of the Convention by the Principality of Monaco shall have no
effect on the constitutional provisions governing the succession to the throne.
The Principality of Monaco reserves the right not to apply the provisions of
article 7 (b), of the Convention regarding recruitment to the police force.
The Principality of Monaco does not consider itself bound by the provisions of
article 9, which are not compatible with its nationality laws.
The Principality of Monaco does not consider itself bound by article 16,
paragraph 1 (g), regarding the right to choose one’s surname.
The Principality of Monaco does not consider itself bound by article 16,
paragraph 1 (e), to the extent that the latter can be interpreted as forcing the
legalization of abortion or sterilization.
The Principality of Monaco reserves the right to continue to apply its social
security laws which, in certain circumstances, envisage the payment of certain
benefits to the head of the household who, according to this legislation, is presumed
to be the husband.
The Principality of Monaco declares, in conformity with the provisions of
article 29, paragraph 2, that it does not consider itself bound by the provisions of the
first paragraph of this article.
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Morocco
[Original: French]
[21 June 1993]
Declarations
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 sharia. 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 sharia, which strives, among its other objectives, to strike a
balance between the spouses in order to preserve the coherence of family life.
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.
Reservations
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.
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 sharia,
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.
23
CEDAW/SP/2006/2
The provisions of the Islamic sharia 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 sharia confers the right of divorce on a woman
only by decision of a sharia judge.
Article 29
The Government of the Kingdom of Morocco does not consider itself bound
by the first paragraph of this article, which provides that “[a]ny 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.
Myanmar
[Original: English]
[22 July 1997]
Reservation
Article 29
[The Government of Myanmar] does not consider itself bound by the provision
set forth in the said article.
Netherlands
[Original: English]
[23 July 1991]
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.
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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
insofar 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.
Niger
[Original: French]
[8 October 1999]
Reservations
Article 2 (d) and (f)
The Government of the Republic of the Niger expresses reservations with
regard to article 2, paragraphs (d) and (f), concerning the taking of all appropriate
measures to abolish all customs and practices which constitute discrimination
against women, particularly in respect of succession.
Article 5 (a)
The Government of the Republic of the Niger expresses reservations with
regard to the modification of social and cultural patterns of conduct of men and
women.
Article 15, paragraph 4
The Government of the Republic of the Niger declares that it can be bound by
the provisions of the paragraph, particularly those concerning the right of women to
choose their residence and domicile, only to the extent that these provisions refer
only to unmarried women.
25
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Article 16, paragraph 1 (c), (e) and (g)
The Government of the Republic of the Niger expresses reservations
concerning the above-referenced provisions of article 16, particularly those
concerning the same rights and responsibilities during marriage and its dissolution,
the same rights to decide freely and responsibly on the number and spacing of their
children, and the right to choose a family name.
The Government of the Republic of the Niger declares that the provisions of
article 2 (d) and (f), article 5 (a) and (b), article 15, paragraph 4, and article 16,
paragraph 1 (c), (e) and (g), concerning family relations, cannot be applied
immediately, as they are contrary to existing customs and practices which, by their
nature, can be modified only with the passage of time and the evolution of society
and cannot, therefore, be abolished by an act of authority.
Article 29
The Government of the Republic of the Niger expresses a reservation
concerning article 29, paragraph 1, which provides that any dispute between two or
more States 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.
In the view of the Government of the Niger, a dispute of this nature can be
submitted to arbitration only with the consent of all parties to the dispute.
Declaration
The Government of the Republic of the Niger declares that the term “family
education” which appears in article 5 (b), of the Convention should be interpreted as
referring to public education concerning the family, and that in any event, article 5
would be applied in compliance with article 17 of the International Covenant on
Civil and Political Rights.
Oman
[Original: Arabic]
[7 February 2006]
Reservations
[The Sultanate of Oman makes reservation to:]
All provisions of the Convention not in accordance with the provisions of the
Islamic sharia and legislation in force in the Sultanate of Oman;
Article 9, paragraph 2, which provides that States parties shall grant women
equal rights with men with respect to the nationality of their children;
Article 15, paragraph 4, which provides that States parties shall accord to men
and women the same rights with regard to the law relating to the movement of
persons and the freedom to choose their residence and domicile;
Article 16, regarding the equality of men and women, and in particular
paragraph 1, subparagraphs (a), (c) and (f) (regarding adoption).
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CEDAW/SP/2006/2
The Sultanate is not bound by article 29, paragraph 1, regarding arbitration and
the referral to the International Court of Justice of any dispute between two or more
States which is not settled by negotiation.
Pakistan
[Original: English]
[12 March 1996]
Declaration
The accession by [the] Government of the Islamic Republic of Pakistan to the
[Convention] is subject to the provisions of the Constitution of the Islamic Republic
of Pakistan.
Reservation
The Government of the Islamic Republic of Pakistan declares that it does not
consider itself bound by paragraph 1 of article 29 of the Convention.
Republic of Korea
[Original: English]
[27 December 1984]
Reservations
The Government of the Republic of Korea, having examined the said
Convention, hereby ratifies the Convention, considering itself not bound by the
provisions of subparagraph (g) of paragraph 1 of article 16 of the Convention.
Saudi Arabia
[Original: English]
[7 September 2000]
Reservations
In case of contradiction between any term of the Convention and norms of
Islamic law, the Kingdom of Saudi Arabia is not under obligation to observe the
contradictory terms of the Convention.
The Kingdom does not consider itself bound by paragraph 2 of article 9 of the
Convention and paragraph 1 of article 29 of the Convention.
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Singapore
[Original: English]
[5 October 1995]
Reservations
In the context of Singapore’s multiracial and multireligious society and the
need to respect the freedom of minorities to practise their religious and personal
laws, the Republic of Singapore reserves the right not to apply the provisions of
articles 2 and 16 where compliance with these provisions would be contrary to their
religious or personal laws.
Singapore is geographically one of the smallest independent countries in the
world and one of the most densely populated. The Republic of Singapore
accordingly reserves the right to apply such laws and conditions governing the entry
into, stay in, employment in and departure from its territory to those who do not
have the right under the laws of Singapore to enter and remain indefinitely in
Singapore, and to the conferment, acquisition and loss of citizenship of women who
have acquired such citizenship by marriage and of children born outside Singapore.
Singapore interprets article 11, paragraph 1, in the light of the provisions of
article 4, paragraph 2, as not precluding prohibitions, restrictions or conditions on
the employment of women in certain areas, or on 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 Singapore, and considers that
legislation in respect of article 11 is unnecessary for the minority of women who do
not fall within the ambit of Singapore’s employment legislation.
The Republic of Singapore 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.
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.
28
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Switzerland
[Original: French]
[27 March 1997]
Reservations
Article 16, paragraph 1 (g)
Said provision shall be applied subject to the regulations on family name
(Civil Code, article 160 and article 8 (a), final section).
Article 15, paragraph 2, and article 16, paragraph 1 (h)
Said provisions shall be applied subject to several interim provisions of the
matrimonial regime (Civil Code, articles 9 (e) and 10, final section).
Syrian Arab Republic
[Original: Arabic]
[28 March 2003]
Reservation
[The Government of the Syrian Arab Republic makes] reservations to article 2;
article 9, paragraph 2, concerning the grant of a woman’s nationality to her children;
article 15, paragraph 4, concerning freedom of movement and of residence and
domicile; article 16, paragraph 1 (c), (d), (f) and (g), concerning equal rights and
responsibilities during marriage and at its dissolution with regard to guardianship,
the right to choose a family name, maintenance and adoption; article 16, paragraph
2, concerning the legal effect of the betrothal and the marriage of a child, inasmuch
as this provision is incompatible with the provisions of the Islamic sharia; and
article 29, paragraph 1, concerning arbitration between States in the event of a
dispute.
The accession of the Syrian Arab Republic to this Convention shall in no way
signify recognition of Israel or entail entry into any dealings with Israel in the
context of the provisions of the Convention.
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.
29
CEDAW/SP/2006/2
Reservation
The Royal Thai Government does not consider itself bound by the provisions
of 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, paragraph 1, of the said Convention, relating to the settlement
of disputes.
Tunisia
[Original: Arabic]
[20 September 1985]
General declaration
The Government of Tunisia 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.
Reservations
Article 9, paragraph 2
The Government of Tunisia expresses its reservation with regard to the
provisions of article 9, paragraph 2, of the Convention, which must not conflict with
the provisions of chapter VI of the Tunisian Nationality Code.
Article 16, paragraph 1 (c), (d), (f), (g) and (h)
The Government of Tunisia considers itself not bound by article 16, paragraph
1 (c), (d) and (f), of the Convention and declares that paragraph 1 (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, paragraph 1
The Government of Tunisia 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 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.
30
CEDAW/SP/2006/2
The Government of Tunisia 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.
Declaration concerning article 15, paragraph 4
In accordance with the provisions of the Vienna Convention on the Law of
Treaties, dated 23 May 1969, the Government of Tunisia 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.
Turkey
[Original: English]
[20 December 1985]
Reservations
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.
Declaration
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.
United Arab Emirates
[Original: Arabic]
[6 October 2004]
Reservations
The United Arab Emirates makes reservations to articles 2 (f), 9, 15, paragraph
2, 16 and 29, paragraph 1, of the Convention, as follows:
Article 2 (f)
The United Arab Emirates, being of the opinion that this paragraph violates the
rules of inheritance established in accordance with the precepts of the sharia, makes
a reservation thereto and does not consider itself bound by the provisions thereof.
Article 9
The United Arab Emirates, considering the acquisition of nationality an
internal matter which is governed, and the conditions and controls of which are
31
CEDAW/SP/2006/2
established, by national legislation makes a reservation to this article and does not
consider itself bound by the provisions thereof.
Article 15, paragraph 2
The United Arab Emirates, considering this paragraph in conflict with the
precepts of the sharia regarding legal capacity, testimony and the right to conclude
contracts, makes a reservation to the said paragraph of the said article and does not
consider itself bound by the provisions thereof.
Article 16
The United Arab Emirates will abide by the provisions of the article insofar as
they are not in conflict with the principles of the sharia. The United Arab Emirates
considers that the payment of a dowry and support after divorce is an obligation of
the husband, and the husband has the right to divorce, just as the wife has her
independent financial security and her full rights to her property and is not required
to pay her husband’s or her own expenses out of her own property. The sharia makes
a woman’s right to divorce conditional on a judicial decision, in a case in which she
has been harmed.
Article 29, paragraph 1
The United Arab Emirates appreciates and respects the functions of this
article, which provides: “Any dispute between two or more States Parties
concerning the interpretation or application on the present Convention which is not
settled by negotiation shall, at the request of one of them, be submitted to
arbitration. If within six months ... the parties are unable to agree … any one of
those parties may refer the dispute to the International Court of Justice …” This
article, however, violates the general principle that matters are submitted to an
arbitration panel by agreement between the parties. In addition, it might provide an
opening for certain States to bring other States to trial in defence of their nationals;
the case might then be referred to the Committee charged with discussing the State
reports required by the Convention and a decision might be handed down against the
State in question for violating the provisions of the Convention. For these reasons
the United Arab Emirates makes a reservation to this article and does not consider
itself bound by the provisions thereof.
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
32
CEDAW/SP/2006/2
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.
...
(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 any act done for the purpose of ensuring the combat effectiveness of 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, paragraph 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 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.
Article 11
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:
...
(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;
33
CEDAW/SP/2006/2
...
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, paragraph 2.
Article 15
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 subparagraph 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.
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.]
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CEDAW/SP/2006/2
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, paragraph 2.
Articles 13, 15 and 16
[Same reservations as those made on behalf of the United Kingdom.]
Venezuela (Bolivarian Republic of)
[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
In implementing this Convention, the Socialist Republic of Viet Nam will not
be bound by the provisions of paragraph 1 of article 29.
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CEDAW/SP/2006/2
Yemen3
[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. Notification of withdrawal of certain reservations
10. Since the previous two reports (CEDAW/SP/2002/2 and CEDAW/SP/2004/2),
the following notifications of withdrawal of certain reservations have been received.
For a listing of all notifications of withdrawal of reservations, see annex I.
Ireland
On 11 June 2004, the Government of Ireland notified the Secretary-General
that it had decided to withdraw its reservation to article 13 (b) and (c) made upon
accession.
Kuwait
The Government of Kuwait informed the Secretary-General, by a notification
received on 9 December 2005, of its decision to withdraw the reservation in respect
of article 7 (a), made upon accession to the Convention.
Lesotho
On 25 August 2004, the Government of Lesotho informed the SecretaryGeneral
that it had decided to modify its reservation, resulting in the withdrawal of
aspects pertaining in general to the Convention.
D. Objections to certain declarations and reservations
11. Since the previous two reports (CEDAW/SP/2002/2 and CEDAW/SP/2004/2),
the following objections to certain declarations and reservations were made.4 For a
list of all objections that have been made, see annex I.
__________________
3 Ratification was effected by the former Democratic Yemen.
4 Communications received by the Secretary-General which convey objections to certain
declarations and reservations are set out in the present section.
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CEDAW/SP/2006/2
Austria
[Original: English]
[5 October 2005]
With regard to the reservations made by the United Arab Emirates upon
accession:
The Government of Austria has examined the reservation made by the
Government of the United Arab Emirates upon accession to the Convention on the
Elimination of All Forms of Discrimination against Women regarding articles 2 (f),
9, 15, paragraph 2, 16 and 29, paragraph 1.
The Government of Austria finds that the reservations to article 2 (f), article 9,
article 15, paragraph 2, and article 16, if put into practice, would inevitably result in
discrimination against women on the basis of sex. This is contrary to the object and
purpose of the Convention.
The Government of Austria would like to recall that, according to article 28,
paragraph 2, of the Convention as well as customary international law as codified in
the Vienna Convention on the Law of Treaties, a reservation incompatible with the
object and purpose of a treaty shall not be permitted.
It is in the common interest of States that treaties to which they have chosen to
become parties are respected as to their object and purpose, by all parties, and that
States are prepared to undertake any legislative changes necessary to comply with
their obligations under the treaties.
For these reasons, the Government of Austria objects to the aforementioned
reservations made by the United Arab Emirates to the Convention on the
Elimination of All Forms of Discrimination against Women.
This position, however, does not preclude the entry into force in its entirety of
the Convention between the United Arab Emirates and Austria.
Denmark
[Original: English]
[14 December 2005]
The Government of Denmark has examined the reservations made by the
Government of the United Arab Emirates upon accession to the Convention on the
Elimination of All Forms of Discrimination against Women regarding articles 2 (f),
15, paragraph 2, and 16 pertaining to sharia principles.
The Government of Denmark considers that the reservations made by the
United Arab Emirates to articles 2 (f), 15, paragraph 2, and 16 referring to the
contents of the sharia Law do not clearly specify the extent to which the United
Arab Emirates feel committed to the object and purpose of the Convention.
Consequently, the Government of Denmark considers the said reservations as being
incompatible with the object and purpose of the Convention and accordingly
inadmissible and without effect under international law.
37
CEDAW/SP/2006/2
The Government of Denmark wishes to recall that, according to article 28,
paragraph 2, of the Convention reservations incompatible with the object and
purpose of the Convention shall not be permitted.
The Government of Denmark therefore objects to the aforementioned
reservations made by the Government of the United Arab Emirates to the
Convention on the Elimination of All Forms of Discrimination against Women. This
shall not preclude the entry into force of the Convention in its entirety between the
United Arab Emirates and Denmark.
The Government of Denmark recommends that the Government of the United
Arab Emirates reconsider its reservations to the Convention on the Elimination of
All Forms of Discrimination against Women.
Finland
[Original: English]
[7 September 2005]
With regard to the reservations made by the Federated States of Micronesia
upon accession:
The Government of Finland has carefully examined the contents of the
reservations made by the Government of the Federated States of Micronesia to
paragraph (f) of article 2, article 5, paragraphs 1 (d) and 2 (b) of article 11, and
article 16 of the Convention on the Elimination of All Forms of Discrimination
against Women.
The Government of Finland recalls that by acceding to the Convention, a State
commits itself to adopt the measures required for the elimination of discrimination,
in all its forms and manifestations, against women.
The Government of Finland notes that the reservations made by Micronesia,
addressing some of the most essential provisions of the Convention, and aiming to
exclude the obligations under those provisions, are in contradiction with the object
and purpose of the Convention.
The Government of Finland also recalls Part VI, article 28, of the Convention
according to which reservations incompatible with the object and purpose of the
Convention are not permitted.
The Government of Finland therefore objects to the above-mentioned
reservations made by the Government of the Federated States of Micronesia to the
Convention. This objection does not preclude the entry into force of the Convention
between Micronesia and Finland. The Convention will thus become operative
between the two States without Micronesia benefiting from its reservations.
[Original: English]
[15 November 2005]
With regard to the reservations made by the United Arab Emirates upon
accession:
The Government of Finland has carefully examined the contents of the
reservations made by the Government of the United Arab Emirates to
38
CEDAW/SP/2006/2
subparagraph (f) of article 2, article 9, paragraph 2 of article 15, and article 16 of
the Convention on the Elimination of All Forms of Discrimination against Women,
The Government of Finland recalls that by acceding to the Convention, a State
commits itself to adopt the measures required for the elimination of discrimination,
in all its forms and manifestations, against women.
The Government of Finland notes that a reservation which consists of a
general reference to religious or other national law without specifying its content
does not clearly define to other parties to the Convention the extent to which the
reserving State commits itself to the Convention and creates serious doubts as to the
commitment of the receiving State to fulfil its obligations under the Convention.
Such reservations are, furthermore, subject to the general principle of treaty
interpretation according to which a party may not invoke the provisions of its
domestic law as justification for a failure to perform its treaty obligations.
The Government of Finland notes that the reservations made by the United
Arab Emirates, addressing some of the most essential provisions of the Convention,
and aiming to exclude the obligations under those provisions, are in contradiction
with the object and purpose of the Convention.
The Government of Finland also recalls Part VI, article 28, of the Convention
according to which reservations incompatible with the object and purpose of the
Convention are not permitted.
The Government of Finland therefore objects to the above-mentioned
reservations made by the Government of the United Arab Emirates to the
Convention. This objection does not preclude the entry into force of the Convention
between the United Arab Emirates and Finland. The Convention will thus become
operative between the two States without the United Arab Emirates benefiting from
its reservations.
France
[Original: French]
[18 November 2005]
With regard to the reservations made by the United Arab Emirates upon
accession:
The Government of the French Republic has examined the reservations
formulated by the United Arab Emirates upon accession to the Convention on the
Elimination of All Forms of Discrimination against Women, of 18 December 1979,
according to which the United Arab Emirates, on the one hand, does not consider
itself bound by the provisions of article 2 (f) and article 15, paragraph 2, because
they are contrary to the sharia and, on the other, states that it will abide by the
provisions of article 16 in so far as they are not in conflict with the principles of the
sharia. The Government of the French Republic considers that, by precluding the
application of these provisions, or by making it subject to the principles of the
sharia, the United Arab Emirates is formulating reservations with a general scope
depriving the provisions of the Convention of any effect. The Government of the
French Republic considers that these reservations are contrary to the object and
purpose of the Convention and enters an objection thereto. The Government of the
39
CEDAW/SP/2006/2
French Republic also objects to the reservation formulated to article 9. These
objections shall not preclude the entry into force of the Convention between France
and the United Arab Emirates.
Germany
[Original: German; courtesy copy, English]
[9 November 2005]
With regard to the reservations made by the United Arab Emirates upon
accession:
The Government of the Federal Republic of Germany has carefully examined
the reservations made by the Government of the United Arab Emirates upon
accession to the International Convention on the Elimination of All Forms of
Discrimination against Women. It is of the opinion that from the reservations to
article 2 (f), article 15, paragraph 2, and article 16, which give a specific legal
system, the Islamic sharia, precedence as a rule over the provisions of the
Convention, it is unclear to what extent the United Arab Emirates feels bound by the
obligations of the Convention.
Moreover, the reservations to article 9, paragraph 2, and article 15, paragraph
2, would in practice result in a legal situation that discriminated against women,
which would not be compatible with the object and purpose of the Convention.
Pursuant to article 28, paragraph 2, of the Convention, reservations that are
incompatible with the object and purpose of the Convention shall not be permitted.
The Government of the Federal Republic of Germany therefore objects to the
above-mentioned reservations made by the Government of the United Arab Emirates
to the Convention on the Elimination of All Forms of Discrimination against
Women. This objection shall not preclude the entry into force of the Convention
between the Federal Republic of Germany and the United Arab Emirates.
Greece
[Original: English]
[4 October 2005]
With regard to the reservations made by the United Arab Emirates upon
accession:
The Government of the Hellenic Republic has examined the reservations made
by the Government of the United Arab Emirates upon accession to the Convention
on the Elimination of All Forms of Discrimination against Women (New York,
18 December 1979).
The Government of the Hellenic Republic considers that the reservations in
respect of articles 2 (f), which is a core provision of the above Convention, 15,
paragraph 2, and 16, all containing a reference to the provisions of the Islamic
sharia, are of unlimited scope and, therefore, incompatible with the object and
purpose of the Convention.
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CEDAW/SP/2006/2
The Government of the Hellenic Republic recalls that, according to article 28,
paragraph 2, of the Convention, a reservation incompatible with the object and
purpose of the Convention shall not be permitted.
Consequently, the Government of the Hellenic Republic objects to the
aforementioned reservations made by the Government of the United Arab Emirates.
This objection shall not preclude the entry into force of the Convention between
Greece and the United Arab Emirates.
Latvia
[Original: English]
[4 October 2005]
With regard to the reservations made by the United Arab Emirates upon
accession:
The Government of the Republic of Latvia has carefully examined the
reservations made by the United Arab Emirates to the Convention on the
Elimination of All Forms of Discrimination against Women upon accession to the
Convention regarding article 2 (f), article 15, paragraph 2, and article 16 thereof.
The Government of the Republic of Latvia considers that the reservations
made by the United Arab Emirates contain general reference to national law without
making specific reference to the extent of the obligations the United Arab Emirates
are accepting.
Moreover, the Government of the Republic of Latvia is of the opinion that
these reservations contradict the object and purpose of the Convention and in
particular the obligation of all States parties to pursue by all appropriate means and
without delay a policy of eliminating discrimination against women.
The Government of the Republic of Latvia recalls Part VI, article 28, of the
Convention setting out that reservations incompatible with the object and purpose of
the Convention are not permitted.
The Government of the Republic of Latvia therefore objects to the aforesaid
reservations made by the United Arab Emirates to the Convention on the
Elimination of All Forms of Discrimination against Women.
However, this objection shall not preclude the entry into force of the
Convention between the Republic of Latvia and the United Arab Emirates.
Netherlands
[Original: English]
[31 May 2005]
With regard to the reservations made by the United Arab Emirates upon
accession:
The Government of the Netherlands has examined the reservations made by
the United Arab Emirates to the Convention on the Elimination of All Forms of
Discrimination against Women.
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The application of articles 2 (f), 15, paragraph 2, and 16 of the Convention on
the Elimination of All Forms of Discrimination against Women has been made
subject to religious considerations. This makes it unclear to what extent the United
Arab Emirates considers itself bound by the obligations of the treaty and therefore
raises concerns as to the commitment of the United Arab Emirates to the object and
purpose of the Covenant.
It is in the common interest of States that all parties respect treaties to which
they have chosen to become parties and that States are prepared to undertake any
legislative changes necessary to comply with their obligations under the treaties.
According to customary international law, as codified in the Vienna Convention on
the Law of Treaties, a reservation which is incompatible with the object and purpose
of a treaty shall not be permitted (art. 19 (c)).
The Government of the Netherlands therefore objects to the reservation made
by the United Arab Emirates to the Convention on the Elimination of All Forms of
Discrimination against Women.
This objection shall not preclude the entry into force of the Convention
between the United Arab Emirates and the Kingdom of the Netherlands, without the
United Arab Emirates benefiting from its reservation.
Norway
[Original: English]
[1 December 2005]
With regard to the reservations made by the United Arab Emirates upon
accession:
The Government of the Kingdom of Norway has examined the reservations
made by the Government of the United Arab Emirates on 6 October 2004 on
accession to the Convention on the Elimination of All Forms of Discrimination
against Women (New York, 18 December 1979) in respect of articles 2 (f), 9, 15 (c)
and 16.
The Government of the Kingdom of Norway is of the view that the reservation
in respect of article 2 (f), which is a core provision of the above Convention, taken
together with the reservations in respect of articles 9, 15 (c) and 16, raise doubts as
to the full commitment of the United Arab Emirates to the object and purpose of the
Convention on the Elimination of All Forms of Discrimination against Women and
would like to recall that, according to article 28, paragraph 2, of the Convention, a
reservation incompatible with the object and purpose of the present Convention
shall not be permitted.
The Government of the Kingdom of Norway therefore objects to the aforesaid
reservations made by the Government of the United Arab Emirates to the
Convention on the Elimination of All Forms of Discrimination against Women. This
objection does not preclude the entry into force, in its entirety, of the Convention
between the Kingdom of Norway and the United Arab Emirates, without the United
Arab Emirates benefiting from these reservations.
42
CEDAW/SP/2006/2
Poland
[Original: English and Polish]
[28 November 2005]
With regard to the reservations made by the United Arab Emirates upon
accession:
The Government of the Republic of Poland has examined the reservations
made by the United Arab Emirates upon accession to the Convention on the
Elimination of All Forms of Discrimination against Women, adopted by the General
Assembly of the United Nations on 18 December 1979, regarding articles 2 (f), 9,
15, paragraph 2, and 16.
The Government of the Republic of Poland considers that the reservations
made by the United Arab Emirates are incompatible with the object and purpose of
the Convention, which guarantees equal rights of women and men to exercise their
economic, social, cultural, civil and political rights. The Government of the
Republic of Poland therefore considers that, according to customary international
law as codified in the Vienna Convention on the Law of Treaties (art. 19 (c)), done
at Vienna on 23 May 1969, as well as article 28, paragraph 2, of the Convention on
the Elimination of All Forms of Discrimination against Women, reservations
incompatible with the object and purpose of a treaty shall not be permitted.
The Government of the Republic of Poland therefore objects to the
aforementioned reservations made by the United Arab Emirates upon accession to
the Convention on the Elimination of All Forms of Discrimination against Women,
regarding articles 2 (f), 9, 15, paragraph 2, and 16.
This objection does not preclude the entry into force of the Convention
between the Republic of Poland and the United Arab Emirates.
Portugal
[Original: English]
[28 November 2005]
With regard to the reservations made by the United Arab Emirates upon
accession:
The Government of Portugal has carefully examined the reservations made by
the United Arab Emirates upon its accession to the Convention on the Elimination
of All Forms of Discrimination against Women.
Most of these reservations concern fundamental provisions of the Convention,
such as articles 2 (f), 9, 15, paragraph 2, and 16, since they outline the measures
which a State party is required to take in order to implement the Convention, cover
the fundamental rights of women and deal with the key elements for the elimination
of discrimination against women.
Portugal considers that such reservations, consisting of references to the
precepts of the sharia and to national legislation, create serious doubts as to the
commitment of the reserving State to the object and purpose of the Convention and
43
CEDAW/SP/2006/2
to the extent it has accepted the obligations imposed by the Convention and,
moreover, contribute to undermining the basis of international law.
It is in the common interest of all States that treaties to which they have
chosen to become parties are respected as to their object and purpose by all parties
and that States are prepared to undertake any legislative changes necessary to
comply with their obligations under these treaties.
The Government of the Portuguese Republic therefore objects to the above
reservations made by the United Arab Emirates to the Convention on the
Elimination of All Forms of Discrimination against Women.
This objection shall not preclude the entry into force of the Convention
between Portugal and the United Arab Emirates.
[Original: English]
[15 December 2005]
The Government of Portugal has carefully examined the reservations made by
the Federated States of Micronesia upon its accession to the Convention on the
Elimination of All Forms of Discrimination against Women.
The first and second reservations concern fundamental provisions of the
Convention and are not in conformity with its object and purpose. Articles 2, 5, 11
and 16 outline the measures which a State party is required to take in order to
implement the Convention, cover the fundamental rights of women and deal with
key elements for the elimination and discrimination against women.
Portugal considers that such reservations may create doubts as to the
commitment of the reserving State to the objection and purpose of the Convention
and, moreover, contribute to undermining the basis of international law.
It is in the common interest of all States that treaties to which they have
chosen to become parties are respected as to their object and purpose by all parties
and that States are prepared to undertake any legislative changes necessary to
comply with their obligations under the treaties.
The Government of the Portuguese Republic therefore objects to the above
reservations made by the Federated States of Micronesia to the Convention on the
Elimination of All Forms of Discrimination against Women.
This objection shall not preclude the entry into force of the Convention
between Portugal and Micronesia.
Spain
[Original: Spanish]
[6 October 2005]
With regard to the reservations made by the United Arab Emirates upon
accession:
The Government of the Kingdom of Spain has examined the reservations
entered by the Government of the United Arab Emirates to article 2 (f), article 9,
article 15, paragraph 2, and article 16 of the Convention on the Elimination of All
44
CEDAW/SP/2006/2
Forms of Discrimination against Women upon its accession to that instrument on
6 October 2004.
The Government of the Kingdom of Spain considers that these reservations are
incompatible with the object and purpose of the Convention, since they are intended
to exempt the United Arab Emirates from obligations relating to essential aspects of
the Convention: one of a general nature, namely the adoption of measures, including
legislation, to eliminate all forms of discrimination against women (art. 2 (f)), and
others concerning specific forms of discrimination in relation to nationality (art. 9),
legal capacity in civil matters (art. 15, para. 2) and marriage and family relations
(art. 16).
The Government of the Kingdom of Spain recalls that, under article 28,
paragraph 2, of the Convention, reservations incompatible with the object and
purpose of the Convention are not permitted.
Moreover, the reservation to article 16 of the Convention makes a general
reference to the principles of Islamic law without specifying their content, with the
result that the other States parties cannot precisely determine the extent to which the
Government of the United Arab Emirates accepts the obligations set out in article 16
of the Convention.
Accordingly, the Government of the Kingdom of Spain objects to the
reservations entered by the Government of the United Arab Emirates to article 2 (f),
article 9, article 15, paragraph 2, and article 16 of the Convention on the
Elimination of All Forms of Discrimination against Women.
This objection shall not preclude the entry into force of the Convention
between the Kingdom of Spain and the United Arab Emirates.
Sweden
[Original: English]
[25 August 2005]
With regard to the reservations made by the Federated States of Micronesia
upon accession:
The Government of Sweden is of the view that this reservation raises serious
doubts as to the commitment of the Government of the Federated States of
Micronesia to the object and purpose of the Convention. The reservation would, if
put into practice, result in discrimination against women on the basis of sex. It
should be borne in mind that the principles of the equal right 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 the purposes of the Organization, as well as in the Universal
Declaration of Human Rights of 1948.
According to article 28, paragraph 2, of the Convention, and to customary
international law as codified in the Vienna Convention on the Law of Treaties,
reservations incompatible with the object and purpose of the Convention shall not
be permitted. It is in the common interest of States that treaties to which they have
chosen to become parties are respected as to their object and purpose, by all parties,
and that States are prepared to undertake any legislative changes necessary to
comply with their obligations under the treaties.
45
CEDAW/SP/2006/2
The Government of Sweden therefore objects to the aforesaid reservation
made by the Government of the Federated States of Micronesia to the Convention
on the Elimination of All Forms of Discrimination against Women and considers the
reservation null and void. The Convention enters into force in its entirety between
the two States, without the Federated States of Micronesia benefiting from its
reservations.
[Original: English]
[5 October 2005]
With regard to the reservations made by the United Arab Emirates upon
accession:
The Government of Sweden has examined the reservations made by the United
Arab Emirates upon acceding to the Convention on the Elimination of All Forms of
Discrimination against Women, regarding articles 2 (f), 9, 15, paragraph 2, and 16.
The Government of Sweden notes that the said articles are being made subject
to reservations referring to national legislation and sharia principles.
The Government of Sweden is of the view that these reservations, which do
not clearly specify the extent of the United Arab Emirates’ derogation from the
provisions in question, raise serious doubts as to the commitment of the United Arab
Emirates to the object and purpose of the Convention. The reservations in question,
if put into practice, would inevitably result in discrimination against women on the
basis of sex, which is contrary to the object and purpose of the Convention. It
should be borne in mind that the principles of the equal rights of women and men
and of non-discrimination on the basis of sex are set forth in the Charter of the
United Nations as one of the purposes of the organization, as well as in the
Universal Declaration of Human Rights of 1948.
According to article 28, paragraph 2, of the Convention, and to customary
international law as codified in the Vienna Convention on the Law of the Treaties,
reservations incompatible with the object and purpose of the Convention shall not
be permitted. It is in the common interest of States that treaties to which they have
chosen to become parties are respected as to their object and purpose, by all parties,
and that States are prepared to undertake any legislative changes necessary to
comply with their obligations under the treaties.
The Government of Sweden therefore objects to the aforesaid reservations
made by the Government of the United Arab Emirates to the Convention on the
Elimination of All Forms of Discrimination against Women and considers them null
and void.
This objection shall not preclude the entry into force of the Convention
between the United Arab Emirates and Sweden. The Convention enters into force in
its entirety between the two States, without the United Arab Emirates benefiting
from its reservations.
46
CEDAW/SP/2006/2
United Kingdom of Great Britain and Northern Ireland
[Original: English]
[17 August 2005]
With regard to the reservations made by the United Arab Emirates upon
accession:
The Government of the United Kingdom has examined the reservations made
by the Government of the United Arab Emirates to the Convention on the
Elimination of all Forms of Discrimination against Women (New York,
18 December 1979) on 6 October 2004 in respect of articles 2 (f), 15, paragraph 2,
and 16 on the applicability of sharia law.
The Government of the United Kingdom notes that a reservation which
consists of a general reference to a system of law without specifying its content does
not clearly define for the other States parties to the Convention the extent to which
the reserving State has accepted the obligations of the Convention. The Government
of the United Kingdom therefore objects to the aforesaid reservations made by the
Government of the United Arab Emirates.
This objection shall not preclude the entry into force of the Convention
between the United Kingdom of Great Britain and Northern Ireland and the United
Arab Emirates.
With regard to the reservations made by the Federated States of Micronesia
upon accession:
The Government of the United Kingdom has examined the reservations made
by the Government of the Federated States of Micronesia to the Convention on the
Elimination of All Forms of Discrimination against Women (New York,
18 December 1979) on 9 September 2004 in respect of article 11, paragraph 1 (d),
on the enactment of comparable worth legislation.
The Government of the United Kingdom objects to the aforesaid reservation
made by the Government of the Federated States of Micronesia.
This objection shall not preclude the entry into force of the Convention
between the United Kingdom of Great Britain and Northern Ireland and the
Federated States of Micronesia.
E. Communications received by the Secretary-General
12. Since the previous two reports (CEDAW/SP/2002/2 and CEDAW/SP/2004/2),
the following communication has been received by the Secretary-General. See the
two prior reports for previous communications that were received.
United Kingdom of Great Britain and Northern Ireland
On 6 June 2005, the Government of the United Kingdom notified the
Secretary-General of the following:
“… The Government of the United Kingdom wish to withdraw from paragraph
A (c) of [its reservation made upon ratification] the words ‘to the admission into or
47
CEDAW/SP/2006/2
service in the Armed Forces of the Crown’ and to substitute the words ‘Any act
done for the purpose of ensuring the combat effectiveness of the Armed Forces of
the Crown’.” [For the revised text, see chap. II, sect. B.]
48
CEDAW/SP/2006/2
Annex I
Status of declarations, reservations, objections and notifications
of withdrawal of reservations by States parties related to articles
of the Convention, as at 1 April 2006
State party
Articles for which
declarations or reservations
have been made
States parties that have raised
objections
Articles for which
reservations have been
withdrawn
Algeria 2
9, para. 2
15, para. 4
16
29, para. 1
Denmark, Germany,
Netherlands, Norway,
Portugal, Sweden
Argentina 29, para. 1
Australia 11, para. 2 (b)
Austria [7, para. (b)]
11, para. 1 (f)
7, para. (b)
Bahamas 2, para. (a)
9, para. 2
16, para. 1 (h)
29, para. 1
Bahrain 2 Austria, Denmark,
Finland, France,
Germany, Greece,
Netherlands, Sweden,
United Kingdom of Great
Britain and Northern
Ireland
9, para. 2 Austria, Denmark,
Finland, France,
Germany, Netherlands,
Sweden
15, para. 4 Austria, Denmark,
Finland, France,
Germany, Netherlands,
Sweden
16 Austria, Denmark,
Finland, France,
Germany, Greece,
Netherlands, Sweden,
United Kingdom of Great
Britain and Northern
Ireland
29, para. 1
Bangladesh 2 Germany, Mexico,
Netherlands, Sweden
[13, para. (a)] Germany, Mexico,
Netherlands, Sweden
13, para. (a)
[16, paras. 1 (c) and
(f)]
Germany, Mexico,
Netherlands, Sweden
16, para. 1 (c) and
(f)
49
CEDAW/SP/2006/2
State party
Articles for which
declarations or reservations
have been made
States parties that have raised
objections
Articles for which
reservations have been
withdrawn
Belarus [29, para. 1] 29, para. 1
Belgium [7]
[15, paras. 2 and 3]
7
15, paras. 2 and 3
Brazil [15, para. 4] Germany, Netherlands,
Sweden
15, para. 4
[16, paras. 1 (a), (c),
(g) and (h)]
Germany, Netherlands,
Sweden
16, paras. 1 (a),
(c), (g) and (h)
29, para. 1
Bulgaria [29, para. 1] 29, para. 1
Canada [11, para. 1 (d)] 11, para. 1 (d)
China 29, para. 1
Cuba 29, para. 1
Cyprus [9, para. 2] Mexico 9, para. 2
Democratic People’s
Republic of Korea
2, para. (f) Austria, Denmark,
Finland, France,
Germany, Netherlands,
Norway, Portugal, Spain,
Sweden, United Kingdom
of Great Britain and
Northern Ireland
9, para. 2 Austria, Denmark,
Finland, France,
Germany, Netherlands,
Norway, Portugal, Spain,
Sweden
29, para. 1
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
Fiji [5, para. (a), and 9] Netherlands 5, para. (a), and 9
France [5, para. (b)]
[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
5, para. (b)
7
15, paras. 2 and 3
16, paras. 1 (c), (d)
and (h)
50
CEDAW/SP/2006/2
State party
Articles for which
declarations or reservations
have been made
States parties that have raised
objections
Articles for which
reservations have been
withdrawn
Germany General declaration
[7, para. (b)] 7, para. (b)
Hungary [29, para. 1] 29, para. 1
India 5, para. (a) Netherlands
16, para. 1 Netherlands
16, para. 2 Netherlands
29, para. 1
Indonesia 29, para. 1
Iraq 2, paras. (f) and (g) Germany, Mexico,
Netherlands, Sweden
9, para. 1 Germany, Israel, Mexico,
Netherlands, Sweden
9, para. 2 Germany, Israel, Mexico,
Netherlands
16 Germany, Mexico,
Netherlands, Sweden
29, para. 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 (part)
13, para. (a) (part)
13, paras. (b) and
(c)
15, para. 3
15, para. 4
Israel 7, para. (b)
16
29, para. 1
Jamaica [9, para. 2] Germany, Mexico,
Netherlands, Sweden
9, para. 2
29, para. 1
Jordan 9, para. 2 Sweden
15, para. 4 Sweden
16, paras. 1 (c), (d) and
(g)
Sweden
Kuwait [7, para. (a)] Austria, Belgium,
Denmark, Finland,
Netherlands, Norway,
Portugal, Sweden
7, para. (a)
9, para. 2 Denmark, Finland,
Netherlands, Norway,
Sweden
51
CEDAW/SP/2006/2
State party
Articles for which
declarations or reservations
have been made
States parties that have raised
objections
Articles for which
reservations have been
withdrawn
16, para. 1 (f) Austria, Belgium,
Denmark, Finland,
Netherlands, Norway,
Portugal, Sweden
29, para. 1
Lebanon 9, para. 2
16, paras. 1 (c), (d), (f)
and (g)
Austria, Denmark,
Netherlands, Sweden
29, para. 1
Lesotho [General]
2
Denmark, Finland,
Germany, Mexico,
Netherlands, Norway
General
Libyan Arab
Jamahiriya
General Denmark, Finland,
Germany, Mexico,
Netherlands, Norway,
Sweden
2
16, paras. 1 (c) and (d)
Liechtenstein 1
[9, para. 2] 9, para. 2
Luxembourg 7
16, para. 1 (g)
Malawi [5] Germany, Mexico,
Netherlands, Sweden
5
[29, para. 2] 29, para. 2
Malaysia [2, para. (f)]
5, para. (a)
7, para. (b)
9, [paras. 1] and 2
11
16, paras. 1 (a), [(b)],
(c), [(d), (e)], (f), (g)
and [(h)]
16, para. 2
Denmark, Finland,
France, Germany,
Netherlands, Norway
2, para. (f)
9, para. 1
16, paras. 1 (b),
(d), (e) and (h)
Maldives 7, para. (a)
16
Austria, Canada,
Denmark, Finland,
Germany, Netherlands,
Norway, Portugal,
Sweden
Malta 11, para. 1
13
15
16, para. 1 (e)
52
CEDAW/SP/2006/2
State party
Articles for which
declarations or reservations
have been made
States parties that have raised
objections
Articles for which
reservations have been
withdrawn
Mauritania General reservation Austria, Denmark,
Finland, Germany,
Netherlands, Norway,
Portugal, Sweden, United
Kingdom of Great Britain
and Northern Ireland
Mauritius [11, paras. 1 (b) and
(d)]
Germany, Mexico,
Netherlands, Sweden
11, paras. 1 (b) and
(d)
[16, para. 1 (g)] Germany, Mexico,
Netherlands, Sweden
16, para. 1 (g)
29, para. 1
Micronesia (Federated
States of)
2, para. (f) Finland, Portugal,
Sweden, United Kingdom
of Great Britain and
Northern Ireland
5 Finland, Portugal,
Sweden
11, para. 1 (d) Finland, Portugal,
Sweden, United Kingdom
of Great Britain and
Northern Ireland
11, para. 2 (b) Finland, Portugal,
Sweden
16 Finland, Portugal,
Sweden
29, para. 1
Monaco 7, para. (b)
9
16, paras. 1 (e) and (g)
29, para. 1
Declaration
Mongolia [29, para. 1] 29, para. 1
Morocco 2 Netherlands
9, para. 2 Netherlands
15, para. 4 Netherlands
16 Netherlands
29, para. 1
Myanmar 29, para. 1
Netherlands General declaration
New Zealand
(Cook Islands and
Niue)
Reservation
[11, para. 2 (b)] 11, para. 2 (b)
(Cook Islands) 2, para. (f)
5, para. (a)
Mexico, Sweden
53
CEDAW/SP/2006/2
State party
Articles for which
declarations or reservations
have been made
States parties that have raised
objections
Articles for which
reservations have been
withdrawn
Niger 2, paras. (d) and (f)
5, paras. (a) and (b)
15, para. (4)
16, paras. 1 (c), (e) and
(g)
Denmark, Finland,
Norway, Sweden
29, para. 1
Oman 9, para. 2
15, para. 4
16, paras. 1 (a), (c) and
(f)
29, para. 1
General reservation
Pakistan General declaration Austria, Denmark,
Finland, Germany,
Netherlands, Norway,
Portugal
29, para. 1
Poland [29, para. 1] 29, para. 1
Republic of Korea [9] Germany, Mexico,
Netherlands, Sweden
9
16, paras. 1 [(c), (d),
(f)] and (g)
Germany, Mexico,
Netherlands, Sweden
16, paras. 1 (c), (d)
and (f)
Romania [29, para. 1] 29, para. 1
Russian Federation [29, para. 1] 29, para. 1
Saudi Arabia General reservation
9, para. 2
Austria, Denmark,
Finland, France,
Germany, Ireland,
Netherlands, Norway,
Portugal, Spain, Sweden,
United Kingdom of Great
Britain and Northern
Ireland
29, para. 1
Singapore 2
11, para. 1
16
29, para. 1
Denmark, Finland,
Netherlands, Norway,
Sweden
Spain Declaration
Switzerland [7, para. (b)]
15, para. 2
16, paras. 1 (g) and (h)
7, para. (b)
54
CEDAW/SP/2006/2
State party
Articles for which
declarations or reservations
have been made
States parties that have raised
objections
Articles for which
reservations have been
withdrawn
Syrian Arab Republic 2 Austria, Denmark,
Estonia, Finland, France,
Germany, Greece, Italy,
Netherlands, Norway,
Romania, Spain, Sweden,
United Kingdom of Great
Britain and Northern
Ireland
9, para. 2 Austria, Denmark,
Estonia, Finland, France,
Germany, Italy,
Netherlands, Norway,
Romania, Spain, Sweden
15, para. 4 Austria, Denmark,
Estonia, Finland, France,
Germany, Italy,
Netherlands, Norway,
Romania, Spain, Sweden
16, paras. 1 (c), (d), (f)
and (g)
Austria, Denmark,
Estonia, Finland, France,
Germany, Italy,
Netherlands, Norway,
Romania, Spain, Sweden,
United Kingdom of Great
Britain and Northern
Ireland
16, para. 2 Austria, Denmark,
Estonia, France,
Germany, Greece, Italy,
Netherlands, Norway,
Romania, Spain, Sweden,
United Kingdom of Great
Britain and Northern
Ireland
29, para. 1
Thailand [7] Germany 7
[9, para. 2] Germany, Mexico,
Netherlands, Sweden
9, para. 2
[10] Germany 10
[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
55
CEDAW/SP/2006/2
State party
Articles for which
declarations or reservations
have been made
States parties that have raised
objections
Articles for which
reservations have been
withdrawn
Tunisia 9, para. 2 Germany, Netherlands,
Sweden
15, para. 4 Germany, Netherlands,
Sweden
16, paras. 1 (c), (d), (f),
(g) and (h)
Germany, Netherlands,
Sweden
29, para. 1
Turkey 9, para. 1 (declaration)
[15, paras. 2 and 4] Germany, Mexico,
Netherlands
15, paras. 2 and 4
[16, paras. 1 (c), (d),
(f) and (g)]
Germany, Mexico,
Netherlands
16, paras. 1 (c),
(d), (f) and (g)
29, para. 1
Ukraine [29, para. 1] 29, para. 1
United Arab Emirates 2, para. (f) Austria, Denmark,
Finland, France,
Germany, Greece, Latvia,
Netherlands, Norway.
Poland, Portugal, Spain,
Sweden, United Kingdom
of Great Britain and
Northern Ireland
9 Austria, Finland, France,
Germany, Norway,
Poland, Portugal, Spain,
Sweden
15, para. 2 Austria, Denmark,
Finland, France,
Germany, Greece, Latvia,
Netherlands, Norway,
Poland, Portugal, Spain,
Sweden, United Kingdom
of Great Britain and
Northern Ireland
16 Austria, Denmark,
Finland, France,
Germany, Greece, Latvia,
Netherlands, Norway,
Poland, Portugal, Spain,
Sweden, United Kingdom
of Great Britain and
Northern Ireland
29, para. 1
56
CEDAW/SP/2006/2
State party
Articles for which
declarations or reservations
have been made
States parties that have raised
objections
Articles for which
reservations have been
withdrawn
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 (f)
Argentina
2, paras. (f) and (g)
10, para. (c)
11, para. 1 (part)
13
15, para. 2
United Kingdom of
Great Britain and
Northern Ireland on
behalf of:
Declarations
British Virgin Islands,
Falkland Islands
(Malvinas), Isle of
Man, South Georgia
and South Sandwich
Islands, and Turks and
Caicos Islands
1, 2, 9, 11, 13, 15 and
16
Venezuela 29, para. 1
Viet Nam 29, para. 1
Yemen 29, para. 1
57
CEDAW/SP/2006/2
Annex II
Articles of the Convention for which States parties have
not yet withdrawn their reservations, as at 1 April 2006
Article State party
1 Liechtenstein, United Kingdom of Great Britain
and Northern Ireland and on behalf of: British
Virgin Islands, Falkland Islands (Malvinas),
South Georgia and South Sandwich Islands, and
Turks and Caicos Islands
2 Algeria, Bahrain, Bangladesh, Egypt, Lesotho,
Libyan Arab Jamahiriya, Morocco, Singapore,
Syrian Arab Republic, United Kingdom of Great
Britain and Northern Ireland on behalf of: British
Virgin Islands, Falkland Islands (Malvinas),
South Georgia and South Sandwich Islands, and
Turks and Caicos Islands
2, para. (a) Bahamas
2, para. (f) Democratic People’s Republic of Korea,
Micronesia (Federated States of), New Zealand
(Cook Islands), United Arab Emirates
2, paras. (d) and (f) Niger
2, paras. (f) and (g) Iraq
5, para. (a) India, Malaysia, New Zealand (Cook Islands)
5, paras. (a) and (b) Micronesia (Federated States of), Niger
7 Luxembourg
7, para. (a) Maldives
7, para. (b) Israel, Malaysia, Monaco
9 Monaco, United Arab Emirates, United Kingdom
of Great Britain and Northern Ireland and on
behalf of: British Virgin Islands, Falkland Islands
(Malvinas), South Georgia and South Sandwich
Islands, and Turks and Caicos Islands
9, para. 1 Turkey
9, paras. 1 and 2 Iraq
9, para. 2 Algeria, Bahamas, Bahrain, Democratic People’s
Republic of Korea, Egypt, Jordan, Kuwait,
Lebanon, Malaysia, Morocco, Oman, Saudi
Arabia, Syrian Arab Republic, Tunisia
58
CEDAW/SP/2006/2
Article State party
11 Malaysia, United Kingdom of Great Britain and
Northern Ireland and on behalf of: British Virgin
Islands, Falkland Islands (Malvinas), South
Georgia and South Sandwich Islands, and Turks
and Caicos Islands
11, para. 1 Ireland, Malta, Singapore
11, para. 1 (d) Micronesia (Federated States of)
11, para. 1 (f) Austria
11, para. 2 (b) Australia, Micronesia (Federated States of)
13 Malta, United Kingdom on behalf of: British
Virgin Islands, Falkland Islands (Malvinas),
South Georgia and South Sandwich Islands, and
Turks and Caicos Islands
14, paras. 2 (c) and (h) France
15 Malta
15, para. 2 Switzerland, United Arab Emirates
15, paras. 2 and 3 United Kingdom of Great Britain and Northern
Ireland on behalf of: British Virgin Islands,
Falkland Islands (Malvinas), South Georgia and
South Sandwich Islands, and Turks and Caicos
Islands
15, para. 3 United Kingdom of Great Britain and Northern
Ireland
15, para. 4 Algeria, Bahrain, Jordan, Morocco, Niger, Oman,
Syrian Arab Republic, Tunisia
16 Algeria, Bahrain, Egypt, Iraq, Israel, Maldives,
Micronesia (Federated States of), Morocco,
Singapore, Thailand, United Arab Emirates
16, para. 1 India
16, paras. 1 (a), (c) and (f) Oman
16, paras. 1 (a), (c), (f) and (g) Malaysia
16, paras. 1 (c) and (d) Libyan Arab Jamahiriya
16, paras. 1 (c), (d), (f) and (g) Lebanon, Syrian Arab Republic
16, paras. 1 (c), (e), (g) Niger
59
CEDAW/SP/2006/2
Article State party
16, paras. 1 (c), (d), (f), (g)
and (h)
Tunisia
16, paras. 1 (c), (d), (g) Jordan
16, paras. 1 (d) and (f) Ireland
16, para. 1 (e) Malta
16, paras. 1 (e) and (g) Monaco
16, para. 1 (f) Kuwait, United Kingdom of Great Britain and
Northern Ireland and on behalf of: British Virgin
Islands, Falkland Islands (Malvinas), South
Georgia and South Sandwich Islands, and Turks
and Caicos Islands
16, para. 1 (g) France, Luxembourg, Republic of Korea
16, paras. 1 (g) and (h) Switzerland
16, para. 1 (h) Bahamas
16, para. 2 India, Malaysia, Syrian Arab Republic
29, para. 1 Algeria, Argentina, Bahamas, Bahrain, Brazil,
China, Cuba, Democratic People’s Republic of
Korea, Egypt, El Salvador, Ethiopia, France,
India, Indonesia, Iraq, Israel, Jamaica, Kuwait,
Lebanon, Mauritius, Micronesia (Federated
States of), Monaco, Morocco, Myanmar, Niger,
Oman, Pakistan, Saudi Arabia, Singapore, Syrian
Arab Republic, Thailand, Trinidad and Tobago,
Tunisia, Turkey, United Arab Emirates,
Venezuela, Viet Nam, Yemen
CEDAW/SP/2006/2
60 Annex III
States parties that maintain reservations to the Convention, as at 1 April 2006
Country
Article
1
Article
2
Article
3
Article
4
Article
5
Article
6
Article
7
Article
8
Article
9
Article
10
Article
11
Article
12
Article
13
Article
14
Article
15
Article
16
Article
29
Algeria 2 9.2 15.4 16 29.1
Argentina 29.1
Australia 11.2(b)
Austria 11(f)
Bahamas 2(a) 9.2 16.1(h) 29.1
Bahrain 2 9.2 15.4 16 29.1
Bangladesh 2
Brazil 29.1
China 29.1
Cuba 29.1
Democratic
People’s
Republic of
Korea
2(f) 9.2 29.1
Egypt 2 9.2 16 29.1
El Salvador 29.1
Ethiopia 29.1
France 14.2(c),
(h)
16.1(g) 29.1
India 5(a) 16.1,
16.2
29.1
Indonesia 29.1
Iraq 2(f), (g) 9.1, 9.2 16 29.1
Ireland 16.1(d),
(f)
Israel 7(b) 16 29.1
Jamaica 29.1
Jordan 9.2 15.4 16.1(c),
(d), (g)
Kuwait 9.2 16.1(f) 29.1
CEDAW/SP/2006/2
61
Country
Article
1
Article
2
Article
3
Article
4
Article
5
Article
6
Article
7
Article
8
Article
9
Article
10
Article
11
Article
12
Article
13
Article
14
Article
15
Article
16
Article
29
Lebanon 9.2 16.1(c),
(d), (f),
(g)
29.1
Lesotho 2
Libyan Arab
Jamahiriya
2 16.1(c),
(d)
Liechtenstein 1
Luxembourg 7 16.1(g)
Malaysia 5(a) 7(b) 9.2 11 16.1(a),
(c), (f),
(g), 16.2
Maldives 7(a) 16
Malta 11.1 13 15 16.1(e)
Mauritaniaa
Mauritius 29.1
Micronesia
(Federated
States of)
2(f) 5 11.1(d),
11.2(b)
16 29.1
Monaco 7(b) 9 16.1(e),
(g)
29.1
Morocco 2 9.2 15.4 16 29.1
Myanmar 29.1
New Zealand
(Cook Islands)
2(f) 5(a)
Niger 2(d), (f) 5(a), (b) 15.4 16.1(c),
(e), (g)
29.1
Oman 9.2 15.4 16.1(a),
(c), (f)
29.1
Pakistana
29.1
Republic of
Korea
16.1(g)
Saudi Arabiaa
9.2 29.1
Singapore 2 11.1 16 29.1
Spainb
CEDAW/SP/2006/2
62
Country
Article
1
Article
2
Article
3
Article
4
Article
5
Article
6
Article
7
Article
8
Article
9
Article
10
Article
11
Article
12
Article
13
Article
14
Article
15
Article
16
Article
29
Switzerland 15.2 16.1(g),
(h)
Syrian Arab
Republic
2 9.2 15.4 16.1(c),
(d), (f),
(g), 16.2
29.1
Thailand 16 29.1
Trinidad and
Tobago
29.1
Tunisia 9.2 15.4 16.1(c),
(d), (f),
(g), (h)
29.1
Turkey 9.1 29.1
United Arab
Emirates
2(f) 9 15.2 16 29.1
United
Kingdom of
Great Britain
and Northern
Ireland
1c
9 11 15.3 16.1(f)
United
Kingdomd
1 2 9 11 13 15 16
Venezuela 29.1
Viet Nam 29.1
Yemen 29.1
a
General reservation.
b
Reservation concerning succession to the Spanish Crown.
c
Declaration.
d
On behalf of: British Virgin Islands, Falkland Islands (Malvinas), South Georgia and South Sandwich Islands, and Turks and Caicos Islands.