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Declaration
on the Elimination of Discrimination against Women
Declaration
on the Elimination of Violence against Women
Declaration
on the Protection of Women and Children in Emergency and Armed
Conflict
Convention
on the Political Rights of Women
Convention
on the Nationality of Married Women
Convention
on Consent to Marriage, Minimum Age for Marriage and Registration of
Marriages
Convention
for the Suppression of the Traffic in Persons and of the
Exploitation of the Prostitution of Others
Convention
against Discrimination in Education
Declaration
on the Elimination of Discrimination against Women
Proclaimed
by General Assembly resolution 2263(XXII) of 7 November 1967
The General
Assembly,
Considering that the
peoples of the United Nations have, in the Charter, reaffirmed their
faith in fundamental human rights, in the dignity and worth of the
human person and in the equal rights of men and women, Considering
that the Universal Declaration of Human Rights asserts the principle
of non-discrimination and proclaims that all human beings are born
free and equal in dignity and rights and that everyone is entitled to
all the rights and freedoms set forth therein without distinction of
any kind, including any distinction as to sex,
Taking into
account the resolutions, declarations, conventions and
recommendations of the United Nations and the specialized agencies
designed to eliminate all forms of discrimination and to promote equal
rights for men and women,
Concerned
that, despite the Charter of the United Nations, the Universal
Declaration of Human Rights, the International Covenants on Human
Rights and other instruments of the United Nations and the specialized
agencies and despite the progress made in the matter of equality of
rights, there continues to exist considerable discrimination against
women,
Considering
that discrimination against women is incompatible with human dignity
and with the welfare of the family and of society, prevents their
participation, on equal terms with men, in the political, social,
economic and cultural life of their countries and is an obstacle to
the full development of the potentialities of women in the service of
their countries and of humanity, Bearing in mind
the great contribution made by women to social, political, economic
and cultural life and the part they play in the family and
particularly in the rearing of children,
Convinced that
the full and complete development of a country, the welfare of the
world and the cause of peace require the maximum participation of
women as well as men in all fields,
Considering that
it is necessary to ensure the universal recognition in law and in fact
of the principle of equality of men and women,
Solemnly proclaims
this Declaration:
Article 1
Discrimination against
women, denying or limiting as it does their equality of rights with
men, is fundamentally unjust and constitutes an offence against human
dignity.
Article 2
All appropriate
measures shall be taken to abolish existing laws, customs, regulations
and practices which are discriminatory against women, and to establish
adequate legal protection for equal rights of men and women, in
particular:
(a) The principle of
equality of rights shall be embodied in the constitution or otherwise
guaranteed by law;
(b) The international
instruments of the United Nations and the specialized agencies
relating to the elimination of discrimination against women shall be
ratified or acceded to and fully implemented as soon as practicable.
Article 3
All appropriate
measures shall be taken to educate public opinion and to direct
national aspirations towards the eradication of prejudice and the
abolition of customary and all other practices which are based on the
idea of the inferiority of women.
Article 4
All appropriate
measures shall be taken to ensure to women on equal terms with men,
without any discrimination:
(a) The right to vote
in all elections and be eligible for election to all publicly elected
bodies;
(b) The right to vote
in all public referenda;
(c) The right to hold
public office and to exercise all public functions.
Such rights shall be
guaranteed by legislation.
Article 5
Women shall have the
same rights as men to acquire, change or retain their nationality.
Marriage to an alien shall not automatically affect the nationality of
the wife either by rendering her stateless or by forcing upon her the
nationality of her husband.
Article 6
1. Without prejudice
to the safeguarding of the unity and the harmony of the family, which
remains the basic unit of any society, all appropriate measures,
particularly legislative measures, shall be taken to ensure to women,
married or unmarried, equal rights with men in the field of civil law,
and in particular:
(a) The right to
acquire, administer, enjoy, dispose of and inherit property, including
property acquired during marriage;
(b) The right to
equality in legal capacity and the exercise thereof;
(c) The same rights as
men with regard to the law on the movement of persons.
2. All appropriate
measures shall be taken to ensure the principle of equality of status
of the husband and wife, and in particular:
(a) Women shall have
the same right as men to free choice of a spouse and to enter into
marriage only with their free and full consent;
(b) Women shall have
equal rights with men during marriage and at its dissolution. In all
cases the interest of the children shall be paramount;
(c) Parents shall have
equal rights and duties in matters relating to their children. In all
cases the interest of the children shall be paramount.
3. Child marriage and
the betrothal of young girls before puberty shall be prohibited, and
effective action, including legislation, shall be taken to specify a
minimum age for marriage and to make the registration of marriages in
an official registry compulsory.
Article 7
All provisions of
penal codes which constitute discrimination against women shall be
repealed.
Article 8
All appropriate
measures, including legislation, shall be taken to combat all forms of
traffic in women and exploitation of prostitution of women.
Article 9
All appropriate
measures shall be taken to ensure to girls and women, married or
unmarried, equal rights with men in education at all levels, and in
particular:
(a) Equal conditions
of access to, and study in, educational institutions of all types,
including universities and vocational, technical and professional
schools;
(b) The same choice of
curricula, the same examinations, teaching staff with qualifications
of the same standard, and school premises and equipment of the same
quality, whether the institutions are co-educational or not;
(c) Equal
opportunities to benefit from scholarships and other study grants;
(d) Equal
opportunities for access to programmes of continuing education,
including adult literacy programmes;
(e) Access to
educational information to help in ensuring the health and well-being
of families.
Article 10
1. All appropriate
measures shall be taken to ensure to women, married or unmarried,
equal rights with men in the field of economic and social life, and in
particular:
(a) The right, without
discrimination on grounds of marital status or any other grounds, to
receive vocational training, to work, to free choice of profession and
employment, and to professional and vocational advancement;
(b) The right to equal
remuneration with men and to equality of treatment in respect of work
of equal value;
(c) The right to leave
with pay, retirement privileges and provision for security in respect
of unemployment, sickness, old age or other incapacity to work;
(d) The right to
receive family allowances on equal terms with men.
2. In order to prevent
discrimination against women on account of marriage or maternity and
to ensure their effective right to work, measures shall be taken to
prevent their dismissal in the event of marriage or maternity and to
provide paid maternity leave, with the guarantee of returning to
former employment, and to provide the necessary social services,
including child-care facilities.
3. Measures taken to
protect women in certain types of work, for reasons inherent in their
physical nature, shall not be regarded as discriminatory.
Article 11
1. The principle of
equality of rights of men and women demands implementation in all
States in accordance with the principles of the Charter of the United
Nations and of the Universal Declaration of Human Rights.
2. Governments,
non-governmental organizations and individuals are urged, therefore,
to do all in their power to promote the implementation of the
principles contained in this Declaration.
©
Copyright 1997 Office of the United Nations High
Commissioner for Human Rights Geneva, Switzerland
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Declaration
on the Elimination of Violence against Women
A/RES/48/104
85th
plenary meeting
20
December 1993
The
General Assembly,
Recognizing
the urgent need for the universal application to women of the rights
and principles with regard to equality, security, liberty, integrity
and dignity of all human beings,
Noting
that those rights and principles are enshrined in international
instruments, including the Universal Declaration of Human Rights, the
International Covenant on Civil and Political Rights, the
International Covenant on Economic, Social and Cultural Rights, the
Convention on the Elimination of All Forms of Discrimination against
Women and the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment,
Recognizing
that effective implementation of the Convention on the Elimination of
All Forms of Discrimination against Women would contribute to the
elimination of violence against women and that the Declaration on the
Elimination of Violence against Women, set forth in the present
resolution, will strengthen and complement that process,
Concerned
that violence against women is an obstacle to the achievement of
equality, development and peace, as recognized in the Nairobi
Forward-looking Strategies for the Advancement of Women, in which a
set of measures to combat violence against women was recommended, and
to the full implementation of the Convention on the Elimination of All
Forms of Discrimination against Women,
Affirming
that violence against women constitutes a violation of the rights and
fundamental freedoms of women and impairs or nullifies their enjoyment
of those rights and freedoms, and concerned about the long-standing
failure to protect and promote those rights and freedoms in the case
of violence against women,
Recognizing
that violence against women is a manifestation of historically unequal
power relations between men and women, which have led to domination
over and discrimination against women by men and to the prevention of
the full advancement of women, and that violence against women is one
of the crucial social mechanisms by which women are forced into a
subordinate position compared with men,
Concerned
that some groups of women, such as women belonging to minority groups,
indigenous women, refugee women, migrant women, women living in rural
or remote communities, destitute women, women in institutions or in
detention, female children, women with disabilities, elderly women and
women in situations of armed conflict, are especially vulnerable to
violence,
Recalling
the conclusion in paragraph 23 of the annex to Economic and Social
Council resolution 1990/15 of 24 May 1990 that the recognition that
violence against women in the family and society was pervasive and cut
across lines of income, class and culture had to be matched by urgent
and effective steps to eliminate its incidence,
Recalling
also Economic and Social Council resolution 1991/18 of 30 May 1991, in
which the Council recommended the development of a framework for an
international instrument that would address explicitly the issue of
violence against women,
Welcoming
the role that women's movements are playing in drawing increasing
attention to the nature, severity and magnitude of the problem of
violence against women,
Alarmed
that opportunities for women to achieve legal, social, political and
economic equality in society are limited, inter alia, by continuing
and endemic violence,
Convinced
that in the light of the above there is a need for a clear and
comprehensive definition of violence against women, a clear statement
of the rights to be applied to ensure the elimination of violence
against women in all its forms, a commitment by States in respect of
their responsibilities, and a commitment by the international
community at large to the elimination of violence against women,
Solemnly
proclaims the following Declaration on the Elimination of Violence
against Women and urges that every effort be made so that it becomes
generally known and respected:
Article
1
For
the purposes of this Declaration, the term "violence against
women" means any act of gender-based violence that results in, or
is likely to result in, physical, sexual or psychological harm or
suffering to women, including threats of such acts, coercion or
arbitrary deprivation of liberty, whether occurring in public or in
private life.
Article
2
Violence
against women shall be understood to encompass, but not be limited to,
the following:
- Physical, sexual
and psychological violence occurring in the family, including
battering, sexual abuse of female children in the household,
dowry-related violence, marital rape, female genital mutilation and
other traditional practices harmful to women, non-spousal violence
and violence related to exploitation;
- Physical, sexual
and psychological violence occurring within the general community,
including rape, sexual abuse, sexual harassment and intimidation at
work, in educational institutions and elsewhere, trafficking in
women and forced prostitution;
- Physical, sexual
and psychological violence perpetrated or condoned by the State,
wherever it occurs.
Article
3
Women
are entitled to the equal enjoyment and protection of all human rights
and fundamental freedoms in the political, economic, social, cultural,
civil or any other field. These rights include, inter alia:
- The right to
liberty and security of person;
- The right to equal
protection under the law;
- The right to be
free from all forms of discrimination;
- The right to the
highest standard attainable of physical and mental health;
- The right to just
and favourable conditions of work;
- The right not to be
subjected to torture, or other cruel, inhuman or degrading treatment
or punishment.
Article
4
States
should condemn violence against women and should not invoke any
custom, tradition or religious consideration to avoid their
obligations with respect to its elimination. States should pursue by
all appropriate means and without delay a policy of eliminating
violence
against
women and, to this end, should:
- Consider, where
they have not yet done so, ratifying or acceding to the Convention
on the Elimination of All Forms of Discrimination against Women or
withdrawing reservations to that Convention;
- Refrain from
engaging in violence against women;
- Exercise due
diligence to prevent, investigate and, in accordance with national
legislation, punish acts of violence against women, whether those
acts are perpetrated by the State or by private persons;
- Develop penal,
civil, labour and administrative sanctions in domestic legislation
to punish and redress the wrongs caused to women who are subjected
to violence; women who are subjected to violence should be provided
with access to the mechanisms of justice and, as provided for by
national legislation, to just and effective remedies for the harm
that they have suffered; States should also inform women of their
rights in seeking redress through such mechanisms;
- Consider the
possibility of developing national plans of action to promote the
protection of women against any form of violence, or to include
provisions for that purpose in plans already existing, taking into
account, as appropriate, such cooperation as can be provided by
non-governmental organizations, particularly those concerned with
the issue of violence against women;
- Develop, in a
comprehensive way, preventive approaches and all those measures of a
legal, political, administrative and cultural nature that promote
the protection of women against any form of violence, and ensure
that the re-victimization of women does not occur because of laws
insensitive to gender considerations, enforcement practices or other
interventions;
- Work to ensure, to
the maximum extent feasible in the light of their available
resources and, where needed, within the framework of international
cooperation, that women subjected to violence and, where
appropriate, their children have specialized assistance, such as
rehabilitation, assistance in child care and maintenance, treatment,
counselling, and health and social services, facilities and
programmes, as well as support structures, and should take all other
appropriate measures to promote their safety and physical and
psychological rehabilitation;
- Include in
government budgets adequate resources for their activities related
to the elimination of violence against women;
- Take measures to
ensure that law enforcement officers and public officials
responsible for implementing policies to prevent, investigate and
punish violence against women receive training to sensitize them to
the needs of women;
- Adopt all
appropriate measures, especially in the field of education, to
modify the social and cultural patterns of conduct of men and women
and to eliminate prejudices, customary practices and all other
practices based on the idea of the inferiority or superiority of
either of the sexes and on stereotyped roles for men and women;
- Promote research,
collect data and compile statistics, especially concerning domestic
violence, relating to the prevalence of different forms of violence
against women and encourage research on the causes, nature,
seriousness and consequences of violence against women and on the
effectiveness of measures implemented to prevent and redress
violence against women; those statistics and findings of the
research will be made public;
- Adopt measures
directed towards the elimination of violence against women who are
especially vulnerable to violence;
- Include, in
submitting reports as required under relevant human rights
instruments of the United Nations, information pertaining to
violence against women and measures taken to implement the present
Declaration;
- Encourage the
development of appropriate guidelines to assist in the
implementation of the principles set forth in the present
Declaration;
- Recognize the
important role of the women's movement and non-governmental
organizations world wide in raising awareness and alleviating the
problem of violence against women;
- Facilitate and
enhance the work of the women's movement and non-governmental
organizations and cooperate with them at local, national and
regional levels;
(q)
Encourage intergovernmental regional organizations of which they are
members to include the elimination of violence against women in their
programmes, as appropriate.
Article
5
The
organs and specialized agencies of the United Nations system should,
within their respective fields of competence, contribute to the
recognition and realization of the rights and the principles set forth
in the present Declaration and, to this end, should, inter alia:
- Foster
international and regional cooperation with a view to defining
regional strategies for combating violence, exchanging experiences
and financing programmes relating to the elimination of violence
against women;
- Promote meetings
and seminars with the aim of creating and raising awareness among
all persons of the issue of the elimination of violence against
women;
- Foster coordination
and exchange within the United Nations system between human rights
treaty bodies to address the issue of violence against women
effectively;
- Include in analyses
prepared by organizations and bodies of the United Nations system of
social trends and problems, such as the periodic reports on the
world social situation, examination of trends in violence against
women;
- Encourage
coordination between organizations and bodies of the United Nations
system to incorporate the issue of violence against women into
ongoing programmes, especially with reference to groups of women
particularly vulnerable to violence;
- Promote the
formulation of guidelines or manuals relating to violence against
women, taking into account the measures referred to in the present
Declaration;
- Consider the issue
of the elimination of violence against women, as appropriate, in
fulfilling their mandates with respect to the implementation of
human rights instruments;
- Cooperate with
non-governmental organizations in addressing the issue of violence
against women.
Article
6
Nothing
in the present Declaration shall affect any provision that is more
conducive to the elimination of violence against women that may be
contained in the legislation of a State or in any international
convention, treaty or other instrument in force in a State.
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Declaration
on the Protection of Women and Children in Emergency and Armed
Conflict
Proclaimed
by General Assembly resolution 3318(XXIX) of 14 December 1974
The General
Assembly,
Having considered
the recommendation of the Economic and Social Council contained in its
resolution 1861 (LVI) of 16 May 1974,
Expressing its
deep concern over the sufferings of women and children belonging
to the civilian population who in periods of emergency and armed
conflict in the struggle for peace, self-determination, national
liberation and independence are too often the victims of inhuman acts
and consequently suffer serious harm,
Aware of the
suffering of women and children in many areas of the world, especially
in those areas subject to suppression, aggression, colonialism,
racism, alien domination and foreign subjugation,
Deeply concerned
by the fact that, despite general and unequivocal condemnation,
colonialism, racism and alien and foreign domination continue to
subject many peoples under their yoke, cruelly suppressing the
national liberation movements and inflicting heavy losses and
incalculable sufferings on the populations under their domination,
including women and children,
Deploring the
fact that grave attacks are still being made on fundamental freedoms
and the dignity of the human person and that colonial and racist
foreign domination Powers continue to violate international
humanitarian law,
Recalling the
relevant provisions contained in the instruments of international
humanitarian law relative to the protection of women and children in
time of peace and war,
Recalling,
among other important documents, its resolutions 2444 (XXIII) of 19
December 1968, 2597 (XXIV) of 16 December 1969 and 2674 (XXV) and 2675
(XXV) of 9 December 1970, on respect for human rights and on basic
principles for the protection of civilian populations in armed
conflicts, as well as Economic and Social Council resolution 1515
(XLVIII) of 28 May 1970 in which the Council requested the General
Assembly to consider the possibility of drafting a declaration on the
protection of women and children in emergency or wartime,
Conscious of
its responsibility for the destiny of the rising generation and for
the destiny of mothers, who play an important role in society, in the
family and particularly in the upbringing of children,
Bearing in mind
the need to provide special protection of women and children belonging
to the civilian population,
Solemnly proclaims
this Declaration on the Protection of Women and Children in Emergency
and Armed Conflict and calls for the strict observance of the
Declaration by all Member States:
1. Attacks and
bombings on the civilian population, inflicting incalculable
suffering, especially on women and children, who are the most
vulnerable members of the population, shall be prohibited, and such
acts shall be condemned.
2. The use of chemical
and bacteriological weapons in the course of military operations
constitutes one of the most flagrant violations of the Geneva Protocol
of 1925, the Geneva Conventions of 1949 and the principles of
international humanitarian law and inflicts heavy losses on civilian
populations, including defenceless women and children, and shall be
severely condemned.
3. All States shall
abide fully by their obligations under the Geneva Protocol of 1925 and
the Geneva Conventions of 1949, as well as other instruments of
international law relative to respect for human rights in armed
conflicts, which offer important guarantees for the protection of
women and children.
4. All efforts shall
be made by States involved in armed conflicts, military operations in
foreign territories or military operations in territories still under
colonial domination to spare women and children from the ravages of
war. All the necessary steps shall be taken to ensure the prohibition
of measures such as persecution, torture, punitive measures, degrading
treatment and violence, particularly against that part of the civilian
population that consists of women and children.
5. All forms of
repression and cruel and inhuman treatment of women and children,
including imprisonment, torture, shooting, mass arrests, collective
punishment, destruction of dwellings and forcible eviction, committed
by belligerents in the course of military operations or in occupied
territories shall be considered criminal.
6. Women and children
belonging to the civilian population and finding themselves in
circumstances of emergency and armed conflict in the struggle for
peace, self-determination, national liberation and independence, or
who live in occupied territories, shall not be deprived of shelter,
food, medical aid or other inalienable rights, in accordance with the
provisions of the Universal Declaration of Human Rights, the
International Covenant on Civil and Political Rights, the
International Covenant on Economic, Social and Cultural Rights, the
Declaration of the Rights of the Child or other instruments of
international law.
© Copyright 1997
Office of the United Nations High Commissioner for Human
Rights Geneva, Switzerland
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Convention on the Political Rights of Women
Opened
for signature and ratification by General Assembly resolution 640(VII)
of 20 December 1952
entry
into force 7 July 1954, in accordance with article VI
The Contracting
Parties,
Desiring to
implement the principle of equality of rights for men and women
contained in the Charter of the United Nations,
Recognizing
that everyone has the right to take part in the government of his
country directly or indirectly through freely chosen representatives,
and has the right to equal access to public service in his country,
and desiring to equalize the status of men and women in the enjoyment
and exercise of political rights, in accordance with the provisions of
the Charter of the United Nations and of the Universal Declaration of
Human Rights,
Having resolved
to conclude a Convention for this purpose,
Hereby agree
as hereinafter provided:
Article I
Women shall be
entitled to vote in all elections on equal terms with men, without any
discrimination.
Article II
Women shall be
eligible for election to all publicly elected bodies, established by
national law, on equal terms with men, without any discrimination.
Article III
Women shall be
entitled to hold public office and to exercise all public functions,
established by national law, on equal terms with men, without any
discrimination.
Article IV
1. This Convention
shall be open for signature on behalf of any Member of the United
Nations and also on behalf of any other State to which an invitation
has been addressed by the General Assembly.
2. This Convention
shall be ratified and the instruments of ratification shall be
deposited with the Secretary-General of the United Nations.
Article V
1. This Convention
shall be open for accession to all States referred to in paragraph 1
of article IV.
2. Accession shall be
effected by the deposit of an instrument of accession with the
Secretary-General of the United Nations.
Article VI
1. This Convention
shall come into force on the ninetieth day following the date of
deposit of the sixth instrument of ratification or accession.
2. For each State
ratifying or acceding to the Convention after the deposit of the sixth
instrument of ratification or accession the Convention shall enter
into force on the ninetieth day after deposit by such State of its
instrument of ratification or accession.
Article VII
In the event that any
State submits a reservation to any of the articles of this Convention
at the time of signature, ratification or accession, the
Secretary-General shall communicate the text of the reservation to all
States which are or may become Parties to this Convention. Any State
which objects to the reservation may, within a period of ninety days
from the date of the said communication (or upon the date of its
becoming a Party to the Convention), notify the Secretary-General that
it does not accept it. In such case, the Convention shall not enter
into force as between such State and the State making the reservation.
Article VIII
1. Any State may
denounce this Convention by written notification to the
Secretary-General of the United Nations. Denunciation shall take
effect one year after the date of receipt of the notification by the
Secretary-General.
2. This Convention
shall cease to be in force as from the date when the denunciation
which reduces the number of Parties to less than six becomes
effective.
Article IX
Any dispute which may
arise between any two or more Contracting States concerning the
interpretation or application of this Convention, which is not settled
by negotiation, shall at the request of any one of the parties to the
dispute be referred to the International Court of Justice for
decision, unless they agree to another mode of settlement.
Article X
The Secretary-General
of the United Nations shall notify all Members of the United Nations
and the non-member States contemplated in paragraph 1 of article IV of
this Convention of the following:
(a) Signatures and
instruments of ratification received in accordance with article IV;
(b) Instruments of
accession received in accordance with article V;
(c) The date upon
which this Convention enters into force in accordance with article VI;
(d) Communications and
notifications received in accordance with article VII;
(e) Notifications of
denunciation received in accordance with paragraph 1 of article VIII;
(f) Abrogation in
accordance with paragraph 2 of article VIII.
Article XI
1. This Convention, of
which the Chinese, English, French, Russian and Spanish texts shall be
equally authentic, shall be deposited in the archives of the United
Nations.
2. The
Secretary-General of the United Nations shall transmit a certified
copy to all Members of the United Nations and to the non-member States
contemplated in paragraph 1 of article IV.
©
Copyright 1997 Office of the United
Nations High Commissioner for Human Rights Geneva,
Switzerland
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Convention on the Nationality of Married Women
- Opened for
signature and ratification by General Assembly resolution 1040 (XI)
- of 29 January
1957
entry
into force 11 August 1958, in accordance with article 6
The
Contracting States,
Recognizing that,
conflicts in law in practice with reference to nationality arise as a
result of provisions concerning the loss or acquisition of nationality
by women as a result of marriage, of its dissolution or of the change
of nationality by the husband during marriage,
Recognizing
that, in article 15 of the Universal Declaration of Human Rights, the
General Assembly of the United Nations has proclaimed that "everyone
has the right to a nationality" and that "no one shall be
arbitrarily deprived of his nationality nor denied the right to change
his nationality",
Desiring to
co-operate with the United Nations in promoting universal respect for,
and observance of, human rights and fundamental freedoms for all
without distinction as to sex,
Hereby agree
as hereinafter provided:
Article 1
Each Contracting State
agrees that neither the celebration nor the dissolution of a marriage
between one of its nationals and an alien, nor the change of
nationality by the husband during marriage, shall automatically affect
the nationality of the wife.
Article 2
Each Contracting State
agrees that neither the voluntary acquisition of the nationality of
another State nor the renunciation of its nationality by one of its
nationals shall prevent the retention of its nationality by the wife
of such national.
Article 3
1. Each Contracting
State agrees that the alien wife of one of its nationals may, at her
request, acquire the nationality of her husband through specially
privileged naturalization procedures; the grant of such nationality
may be subject to such limitations as may be imposed in the interests
of national security or public policy.
2. Each Contracting
State agrees that the present Convention shall not be construed as
affecting any legislation or judicial practice by which the alien wife
of one of its nationals may, at her request, acquire her husband's
nationality as a matter of right.
Article 4
1. The present
Convention shall be open for signature and ratification on behalf of
any State Member of the United Nations and also on behalf of any other
State which is or hereafter becomes a member of any specialized agency
of the United Nations, or which is or hereafter becomes a Party to the
Statute of the International Court of Justice, or any other State to
which an invitation has been addressed by the General Assembly of the
United Nations.
2. The present
Convention shall be ratified and the instruments of ratification shall
be deposited with the Secretary-General of the United Nations.
Article 5
1. The present
Convention shall be open for accession to all States referred to in
paragraph I of article 4.
2. Accession shall be
effected by the deposit of an instrument of accession with the
Secretary-General of the United Nations.
Article 6
1. The present
Convention shall come into force on the ninetieth day following the
date of deposit of the sixth instrument of ratification or accession.
2. For each State
ratifying or acceding to the Convention after the deposit of the sixth
instrument of ratification or accession, the Convention shall enter
into force on the ninetieth day after deposit by such State of its
instrument of ratification or accession.
Article 7
1. The present
Convention shall apply to all non-self-governing, trust, colonial and
other non-metropolitan territories for the international relations of
which any Contracting State is responsible; the Contracting State
concerned shall, subject to the provisions of paragraph 2 of the
present article, at the time of signature, ratification or accession
declare the non-metropolitan territory or territories to which the
Convention shall apply ipso facto as a result of such signature,
ratification or accession.
2. In any case in
which, for the purpose of nationality, a non-metropolitan territory is
not treated as one with the metropolitan territory, or in any case in
which the previous consent of a non-metropolitan territory is required
by the constitutional laws or practices of the Contracting State or of
the non-metropolitan territory for the application of the Convention
to that territory, that Contracting State shall endeavour to secure
the needed consent of the non-metropolitan territory within the period
of twelve months from the date of signature of the Convention by that
Contracting State, and when such consent has been obtained the
Contracting State shall notify the Secretary-General of the United
Nations. The present Convention shall apply to the territory or
territories named in such notification from the date of its receipt by
the Secretary-General.
3. After the expiry of
the twelve-month period mentioned in paragraph 2 of the present
article, the Contracting States concerned shall inform the
Secretary-General of the results of the consultations with those
non-metropolitan territories for whose international relations they
are responsible and whose consent to the application of the present
Convention may have been withheld.
Article 8
1. At the time of
signature, ratification or accession, any State may make reservations
to any article of the present Convention other than articles 1 and 2.
2. If any State makes
a reservation in accordance with paragraph 1 of the present article,
the Convention, with the exception of those provisions to which the
reservation relates, shall have effect as between the reserving State
and the other Parties. The Secretary-General of the United Nations
shall communicate the text of the reservation to all States which are
or may become Parties to the Convention. Any State Party to the
Convention or which thereafter becomes a Party may notify the
Secretary-General that it does not agree to consider itself bound by
the Convention with respect to the State making the reservation. This
notification must be made, in the case of a State already a Party,
within ninety days from the date of the communication by the
Secretary-General; and, in the case of a State subsequently becoming a
Party, within ninety days from the date when the instrument of
ratification or accession is deposited. In the event that such a
notification is made, the Convention shall not be deemed to be in
effect as between the State making the notification and the State
making the reservation.
3. Any State making a
reservation in accordance with paragraph 1 of the present article may
at any time withdraw the reservation, in whole or in part, after it
has been accepted, by a notification to this effect addressed to the
Secretary-General of the United Nations. Such notification shall take
effect on the date on which it is received.
Article 9
1. Any Contracting
State may denounce the present Convention by written notification to
the Secretary-General of the United Nations. Denunciation shall take
effect one year after the date of receipt of the notification by the
Secretary-General.
2. The present
Convention shall cease to be in force as from the date when the
denunciation which reduces the number of Parties to less than six
becomes effective.
Article 10
Any dispute which may
arise between any two or more Contracting States concerning the
interpretation or application of the present Convention which is not
settled by negotiation, shall, at the request of any one of the
parties to the dispute, be referred to the International Court of
Justice for decision, unless the parties agree to another mode of
settlement.
Article 11
The Secretary-General
of the United Nations shall notify all States Members of the United
Nations and the non-member States contemplated in paragraph 1 of
article 4 of the present Convention of the following:
(a) Signatures and
instruments of ratification received in accordance with article 4;
(b) Instruments of
accession received in accordance with article 5;
(c) The date upon
which the present Convention enters into force in accordance with
article 6;
(d) Communications and
notifications received in accordance with article 8;
(e) Notifications of
denunciation received in accordance with paragraph 1 of article 9;
(f) Abrogation in
accordance with paragraph 2 of article 9.
Article 12
1. The present
Convention, of which the Chinese, English, French, Russian and Spanish
texts shall be equally authentic, shall be deposited in the archives
of the United Nations.
2. The
Secretary-General of the United Nations shall transmit a certified
copy of the Convention to all States Members of the United Nations and
to the non-member States contemplated in paragraph 1 of article 4.
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Convention on Consent to Marriage, Minimum Age for Marriage and
Registration of Marriages
- Opened for
signature and ratification by General Assembly resolution 1763 A
- (XVII) of 7
November 1962
entry
into force 9 December 1964, in accordance with article 6
The Contracting
States,
Desiring, in
conformity with the Charter of the United Nations, to promote
universal respect for, and observance of, human rights and fundamental
freedoms for all, without distinction as to race, sex, language or
religion,
Recalling that
article 16 of the Universal Declaration of Human Rights states that:
(1) Men and women of
full age, without any limitation due to race, nationality or religion,
have the right to marry and to found a family. They are entitled to
equal rights as to marriage, during marriage and at its dissolution.
(2) Marriage shall be
entered into only with the free and full consent of the intending
spouses,
Recalling further
that the General Assembly of the United Nations declared, by
resolution 843 (IX) of 17 December 1954, that certain customs, ancient
laws and practices relating to marriage and the family were
inconsistent with the principles set forth in the Charter of the
United Nations and in the Universal Declaration of Human Rights,
Reaffirming
that all States, including those which have or assume responsibility
for the administration of Non-Self-Governing and Trust Territories
until their achievement of independence, should take all appropriate
measures with a view to abolishing such customs, ancient laws and
practices by ensuring, inter alia, complete freedom in the choice of a
spouse, eliminating completely child marriages and the betrothal of
young girls before the age of puberty, establishing appropriate
penalties where necessary and establishing a civil or other register
in which all marriages will be recorded,
Hereby agree
as hereinafter provided:
Article 1
1. No marriage shall
be legally entered into without the full and free consent of both
parties, such consent to be expressed by them in person after due
publicity and in the presence of the authority competent to solemnize
the marriage and of witnesses, as prescribed by law.
2. Notwithstanding
anything in paragraph 1 above, it shall not be necessary for one of
the parties to be present when the competent authority is satisfied
that the circumstances are exceptional and that the party has, before
a competent authority and in such manner as may be prescribed by law,
expressed and not withdrawn consent.
Article 2
States Parties to the
present Convention shall take legislative action to specify a minimum
age for marriage. No marriage shall be legally entered into by any
person under this age, except where a competent authority has granted
a dispensation as to age, for serious reasons, in the interest of the
intending spouses.
Article 3
All marriages shall be
registered in an appropriate official register by the competent
authority.
Article 4
1. The present
Convention shall, until 31 December 1963, be open for signature on
behalf of all States Members of the United Nations or members of any
of the specialized agencies, and of any other State invited by the
General Assembly of the United Nations to become a Party to the
Convention.
2. The present
Convention is subject to ratification. The instruments of ratification
shall be deposited with the Secretary-General of the United Nations.
Article 5
1. The present
Convention shall be open for accession to all States referred to in
article 4, paragraph 1.
2. Accession shall be
effected by the deposit of an instrument of accession with the
Secretary-General of the United Nations.
Article 6
1. The present
Convention shall come into force on the ninetieth day following the
date of deposit of the eighth instrument of ratification or accession.
2. For each State
ratifying or acceding to the Convention after the deposit of the
eighth instrument of ratification or accession, the Convention shall
enter into force on the ninetieth day after deposit by such State of
its instrument of ratification or accession.
Article 7
1. Any Contracting
State may denounce the present Convention by written notification to
the Secretary-General of the United Nations. Denunciation shall take
effect one year after the date of receipt of the notification by the
Secretary-General.
2. The present
Convention shall cease to be in force as from the date when the
denunciation which reduces the number of Parties to less than eight
becomes effective.
Article 8
Any dispute which may
arise between any two or more Contracting States concerning the
interpretation or application of the present Convention which is not
settled by negotiation shall, at the request of all the parties to the
dispute, be referred to the International Court of Justice for
decision, unless the parties agree to another mode of settlement.
Article 9
The Secretary-General
of the United Nations shall notify all States Members of the United
Nations and the non-member States contemplated in article 4, paragraph
1, of the present Convention of the following:
(a) Signatures and
instruments of ratification received in accordance with article 4;
(b) Instruments of
accession received in accordance with article 5;
(c) The date upon
which the Convention enters into force in accordance with article 6;
(d) Notifications of
denunciation received in accordance with article 7, paragraph l;
(e) Abrogation in
accordance with article 7, paragraph 2.
Article 10
1. The present
Convention, of which the Chinese, English, French, Russian and Spanish
texts shall be equally authentic, shall be deposited in the archives
of the United Nations.
2. The
Secretary-General of the United Nations shall transmit a certified
copy of the Convention to all States Members of the United Nations and
to the non-member States contemplated in article 4, paragraph 1.
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Convention
for the Suppression of the Traffic in Persons and of the Exploitation
of the Prostitution of Others
Approved by General
Assembly resolution 317(IV) of 2 December 1949
entry into force
25 July 1951, in accordance with article 24
Whereas
prostitution and the accompanying evil of the traffic in persons for
the purpose of prostitution are incompatible with the dignity and
worth of the human person and endanger the welfare of the individual,
the family and the community, Whereas, with respect to the suppression
of the traffic in women and children, the following international
instruments are in force:
(1) International
Agreement of 18 May 1904 for the Suppression of the White Slave
Traffic, as amended by the Protocol approved by the General Assembly
of the United Nations on 3 December 1948,
(2) International
Convention of 4 May 1910 for the Suppression of the White Slave
Traffic, as amended by the above-mentioned Protocol,
(3) International
Convention of 30 September 1921 for the Suppression of the Traffic in
Women and Children, as amended by the Protocol approved by the General
Assembly of the United Nations on 20 October 1947,
(4) International
Convention of 11 October 1933 for the Suppression of the Traffic in
Women of Full Age, as amended by the aforesaid Protocol,
Whereas the
League of Nations in 1937 prepared a draft Convention extending the
scope of the above-mentioned instruments, and
Whereas
developments since 1937 make feasible the conclusion of a convention
consolidating the above-mentioned instruments and embodying the
substance of the 1937 draft Convention as well as desirable
alterations therein:
Now therefore
The Contracting
parties
Hereby agree as
hereinafter provided:
Article 1
The Parties to the
present Convention agree to punish any person who, to gratify the
passions of another:
(1) Procures, entices
or leads away, for purposes of prostitution, another person, even with
the consent of that person;
(2) Exploits the
prostitution of another person, even with the consent of that person.
Article 2
The Parties to the
present Convention further agree to punish any person who:
(1) Keeps or manages,
or knowingly finances or takes part in the financing of a brothel;
(2) Knowingly lets or
rents a building or other place or any part thereof for the purpose of
the prostitution of others.
Article 3
To the extent
permitted by domestic law, attempts to commit any of the offences
referred to in articles 1 and 2, and acts preparatory to the
commission thereof, shall also be punished.
Article 4
To the extent
permitted by domestic law, intentional participation in the acts
referred to in articles 1 and 2 above shall also be punishable.
To the extent
permitted by domestic law, acts of participation shall be treated as
separate offences whenever this is necessary to prevent impunity.
Article 5
In cases where injured
persons are entitled under domestic law to be parties to proceedings
in respect of any of the offences referred to in the present
Convention, aliens shall be so entitled upon the same terms as
nationals.
Article 6
Each Party to the
present Convention agrees to take all the necessary measures to repeal
or abolish any existing law, regulation or administrative provision by
virtue of which persons who engage in or are suspected of engaging in
prostitution are subject either to special registration or to the
possession of a special document or to any exceptional requirements
for supervision or notification.
Article 7
Previous convictions
pronounced in foreign States for offences referred to in the present
Convention shall, to the extent permitted by domestic law, be taken
into account for the purposes of:
(1) Establishing
recidivism;
(2) Disqualifying the
offender from the exercise of civil rights.
Article 8
The offences referred
to in articles 1 and 2 of the present Convention shall be regarded as
extraditable offences in any extradition treaty which has been or may
hereafter be concluded between any of the Parties to this Convention.
The Parties to the
present Convention which do not make extradition conditional on the
existence of a treaty shall henceforward recognize the offences
referred to in articles 1 and 2 of the present Convention as cases for
extradition between themselves.
Extradition shall be
granted in accordance with the law of the State to which the request
is made.
Article 9
In States where the
extradition of nationals is not permitted by law, nationals who have
returned to their own State after the commission abroad of any of the
offences referred to in articles 1 and 2 of the present Convention
shall be prosecuted in and punished by the courts of their own State.
This provision shall
not apply if, in a similar case between the Parties to the present
Convention, the extradition of an alien cannot be granted.
Article 10
The provisions of
article 9 shall not apply when the person charged with the offence has
been tried in a foreign State and, if convicted, has served his
sentence or had it remitted or reduced in conformity with the laws of
that foreign State.
Article 11
Nothing in the present
Convention shall be interpreted as determining the attitude of a Party
towards the general question of the limits of criminal jurisdiction
under international law.
Article 12
The present Convention
does not affect the principle that the offences to which it refers
shall in each State be defined, prosecuted and punished in conformity
with its domestic law.
Article 13
The Parties to the
present Convention shall be bound to execute letters of request
relating to offences referred to in the Convention in accordance with
their domestic law and practice.
The transmission of
letters of request shall be effected:
(1) By direct
communication between the judicial authorities; or
(2) By direct
communication between the Ministers of Justice of the two States, or
by direct communication from another competent authority of the State
making the request to the Minister of Justice of the State to which
the request is made; or
(3) Through the
diplomatic or consular representative of the State making the request
in the State to which the request is made; this representative shall
send the letters of request direct to the competent judicial authority
or to the authority indicated by the Government of the State to which
the request is made, and shall receive direct from such authority the
papers constituting the execution of the letters of request.
In cases 1 and 3 a
copy of the letters of request shall always be sent to the superior
authority of the State to which application is made.
Unless otherwise
agreed, the letters of request shall be drawn up in the language of
the authority making the request, provided always that the State to
which the request is made may require a translation in its own
language, certified correct by the authority making the request.
Each Party to the
present Convention shall notify to each of the other Parties to the
Convention the method or methods of transmission mentioned above which
it will recognize for the letters of request of the latter State.
Until such
notification is made by a State, its existing procedure in regard to
letters of request shall remain in force.
Execution of letters
of request shall not give rise to a claim for reimbursement of charges
or expenses of any nature whatever other than expenses of experts.
Nothing in the present
article shall be construed as an undertaking on the part of the
Parties to the present Convention to adopt in criminal matters any
form or methods of proof contrary to their own domestic laws.
Article 14
Each Party to the
present Convention shall establish or maintain a service charged with
the co-ordination and centralization of the results of the
investigation of offences referred to in the present Convention.
Such services should
compile all information calculated to facilitate the prevention and
punishment of the offences referred to in the present Convention and
should be in close contact with the corresponding services in other
States.
Article 15
To the extent
permitted by domestic law and to the extent to which the authorities
responsible for the services referred to in article 14 may judge
desirable, they shall furnish to the authorities responsible for the
corresponding services in other States the following information:
(1) Particulars of any
offence referred to in the present Convention or any attempt to commit
such offence;
(2) Particulars of any
search for any prosecution, arrest, conviction, refusal of admission
or expulsion of persons guilty of any of the offences referred to in
the present Convention, the movements of such persons and any other
useful information with regard to them.
The information so
furnished shall include descriptions of the offenders, their
fingerprints, photographs, methods of operation, police records and
records of conviction.
Article 16
The Parties to the
present Convention agree to take or to encourage, through their public
and private educational, health, social, economic and other related
services, measures for the prevention of prostitution and for the
rehabilitation and social adjustment of the victims of prostitution
and of the offences referred to in the present Convention.
Article 17
The Parties to the
present Convention undertake, in connection with immigration and
emigration, to adopt or maintain such measures as are required, in
terms of their obligations under the present Convention, to check the
traffic in persons of either sex for the purpose of prostitution.
In particular they
undertake:
(1) To make such
regulations as are necessary for the protection of immigrants or
emigrants, and in particular, women and children, both at the place of
arrival and departure and while en route;
(2) To arrange for
appropriate publicity warning the public of the dangers of the
aforesaid traffic;
(3) To take
appropriate measures to ensure supervision of railway stations,
airports, seaports and en route, and of other public places, in order
to prevent international traffic in persons for the purpose of
prostitution;
(4) To take
appropriate measures in order that the appropriate authorities be
informed of the arrival of persons who appear, prima facie, to be the
principals and accomplices in or victims of such traffic.
Article 18
The Parties to the
present Convention undertake, in accordance with the conditions laid
down by domestic law, to have declarations taken from aliens who are
prostitutes, in order to establish their identity and civil status and
to discover who has caused them to leave their State. The information
obtained shall be communicated to the authorities of the State of
origin of the said persons with a view to their eventual repatriation.
Article 19
The Parties to the
present Convention undertake, in accordance with the conditions laid
down by domestic law and without prejudice to prosecution or other
action for violations thereunder and so far as possible:
(1) Pending the
completion of arrangements for the repatriation of destitute victims
of international traffic in persons for the purpose of prostitution,
to make suitable provisions for their temporary care and maintenance;
(2) To repatriate
persons referred to in article 18 who desire to be repatriated or who
may be claimed by persons exercising authority over them or whose
expulsion is ordered in conformity with the law. Repatriation shall
take place only after agreement is reached with the State of
destination as to identity and nationality as well as to the place and
date of arrival at frontiers. Each Party to the present Convention
shall facilitate the passage of such persons through its territory.
Where the persons
referred to in the preceding paragraph cannot themselves repay the
cost of repatriation and have neither spouse, relatives nor guardian
to pay for them, the cost of repatriation as far as the nearest
frontier or port of embarkation or airport in the direction of the
State of origin shall be borne by the State where they are in
residence, and the cost of the remainder of the journey shall be borne
by the State of origin.
Article 20
The Parties to the
present Convention shall, if they have not already done so, take the
necessary measures for the supervision of employment agencies in order
to prevent persons seeking employment, in particular women and
children, from being exposed to the danger of prostitution.
Article 21
The Parties to the
present Convention shall communicate to the Secretary-General of the
United Nations such laws and regulations as have already been
promulgated in their States, and thereafter annually such laws and
regulations as may be promulgated, relating to the subjects of the
present Convention, as well as all measures taken by them concerning
the application of the Convention. The information received shall be
published periodically by the Secretary-General and sent to all
Members of the United Nations and to non-member States to which the
present Convention is officially communicated in accordance with
article 23.
Article 22
If any dispute shall
arise between the Parties to the present Convention relating to its
interpretation or application and if such dispute cannot be settled by
other means, the dispute shall, at the request of any one of the
Parties to the dispute, be referred to the International Court of
Justice.
Article 23
The present Convention
shall be open for signature on behalf of any Member of the United
Nations and also on behalf of any other State to which an invitation
has been addressed by the Economic and Social Council.
The present Convention
shall be ratified and the instruments of ratification shall be
deposited with the Secretary-General of the United Nations.
The States mentioned
in the first paragraph which have not signed the Convention may accede
to it.
Accession shall be
effected by deposit of an instrument of accession with the
Secretary-General of the United Nations.
For the purposes of
the present Convention the word "State" shall include all
the colonies and Trust Territories of a State signatory or acceding to
the Convention and all territories for which such State is
internationally responsible.
Article 24
The present Convention
shall come into force on the ninetieth day following the date of
deposit of the second instrument of ratification or accession.
For each State
ratifying or acceding to the Convention after the deposit of the
second instrument of ratification or accession, the Convention shall
enter into force ninety days after the deposit by such State of its
instrument of ratification or accession.
Article 25
After the expiration
of five years from the entry into force of the present Convention, any
Party to the Convention may denounce it by a written notification
addressed to the Secretary-General of the United Nations.
Such denunciation
shall take effect for the Party making it one year from the date upon
which it is received by the Secretary-General of the United Nations.
Article 26
The Secretary-General
of the United Nations shall inform all Members of the United Nations
and non-member States referred to in article 23:
(a) Of signatures,
ratifications and accessions received in accordance with article 23;
(b) Of the date on
which the present Convention will come into force in accordance with
article 24;
(c) Of denunciations
received in accordance with article 25.
Article 27
Each Party to the
present Convention undertakes to adopt, in accordance with its
Constitution, the legislative or other measures necessary to ensure
the application of the Convention.
Article 28
The provisions of the
present Convention shall supersede in the relations between the
Parties thereto the provisions of the international instruments
referred to in subparagraphs 1, 2, 3 and 4 of the second paragraph of
the Preamble, each of which shall be deemed to be terminated when all
the Parties thereto shall have become Parties to the present
Convention.
FINAL PROTOCOL
Nothing in the present
Convention shall be deemed to prejudice any legislation which ensures,
for the enforcement of the provisions for securing the suppression of
the traffic in persons and of the exploitation of others for purposes
of prostitution, stricter conditions than those provided by the
present Convention.
The provisions of
articles 23 to 26 inclusive of the Convention shall apply to the
present Protocol.
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Convention
against Discrimination in Education
Adopted by the
General Conference of the United Nations Educational, Scientific and
Cultural Organization on 14 December 1960
The General
Conference of the United Nations Educational, Scientific and Cultural
Organization, meeting in Paris from 14 November to 15 December
1960, at its eleventh session, Recalling
that the Universal Declaration of Human Rights asserts the principle
of non-discrimination and proclaims that every person has the right to
education,
Considering
that discrimination in education is a violation of rights enunciated
in that Declaration,
Considering
that, under the terms of its Constitution, the United Nations
Educational, Scientific and Cultural Organization has the purpose of
instituting collaboration among the nations with a view to
furthering for all universal respect for human rights and equality
of educational opportunity,
Recognizing
that, consequently, the United Nations Educational, Scientific and
Cultural Organization, while respecting the diversity of national
educational systems, has the duty not only to proscribe any form of
discrimination in education but also to promote equality of
opportunity and treatment for all in education,
Having before it
proposals concerning the different aspects of discrimination in
education, constituting item 17.1.4 of the agenda of the session,
Having decided
at its tenth session that this question should be made the subject
of an international convention as well as of recommendations to
Member States,
Adopts this
Convention on the fourteenth day of December 1960.
Article 1
1.
For the purpose of this Convention, the term "discrimination"
includes any distinction, exclusion, limitation or preference which,
being based on race, colour, sex, language, religion, political or
other opinion, national or social origin, economic condition or birth,
has the purpose or effect of nullifying or impairing equality of
treatment in education and in particular: (a)
Of depriving any person or group of persons of access to education
of any type or at any level;
(b) Of limiting
any person or group of persons to education of an inferior
standard;
(c) Subject to the
provisions of article 2 of this Convention, of establishing or
maintaining separate educational systems or institutions for
persons or groups of persons; or
(d) Of inflicting
on any person or group of persons conditions which are
incompatible with the dignity of man. 2.
For the purposes of this Convention, the term "education"
refers to all types and levels of education, and includes access to
education, the standard and quality of education, and the conditions
under which it is given.
Article 2
When
permitted in a State, the following situations shall not be deemed to
constitute discrimination, within the meaning of article 1 of this
Convention: (a)
The establishment or maintenance of separate educational systems or
institutions for pupils of the two sexes, if these systems or
institutions offer equivalent access to education, provide a
teaching staff with qualifications of the same standard as well as
school premises and equipment of the same quality, and afford the
opportunity to take the same or equivalent courses of study;
(b) The
establishment or maintenance, for religious or linguistic reasons,
of separate educational systems or institutions offering an
education which is in keeping with the wishes of the pupil's
parents or legal guardians, if participation in such systems or
attendance at such institutions is optional and if the education
provided conforms to such standards as may be laid down or
approved by the competent authorities, in particular for education
of the same level;
(c) The
establishment or maintenance of private educational institutions,
if the object of the institutions is not to secure the exclusion
of any group but to provide educational facilities in addition to
those provided by the public authorities, if the institutions are
conducted in accordance with that object, and if the education
provided conforms with such standards as may be laid down or
approved by the competent authorities, in particular for education
of the same level.
Article 3
In
order to eliminate and prevent discrimination within the meaning of
this Convention, the States Parties thereto undertake: (a)
To abrogate any statutory provisions and any administrative
instructions and to discontinue any administrative practices which
involve discrimination in education;
(b) To ensure, by
legislation where necessary, that there is no discrimination in
the admission of pupils to educational institutions;
(c) Not to allow
any differences of treatment by the public authorities between
nationals, except on the basis of merit or need, in the matter of
school fees and the grant of scholarships or other forms of
assistance to pupils and necessary permits and facilities for the
pursuit of studies in foreign countries;
(d) Not to allow,
in any form of assistance granted by the public authorities to
educational institutions, any restrictions or preference based
solely on the ground that pupils belong to a particular group;
(e) To give
foreign nationals resident within their territory the same access
to education as that given to their own nationals.
Article 4
The
States Parties to this Convention undertake furthermore to formulate,
develop and apply a national policy which, by methods appropriate to
the circumstances and to national usage, will tend to promote equality
of opportunity and of treatment in the matter of education and in
particular: (a)
To make primary education free and compulsory; make secondary
education in its different forms generally available and accessible
to all; make higher education equally accessible to all on the basis
of individual capacity; assure compliance by all with the obligation
to attend school prescribed by law;
(b) To ensure that
the standards of education are equivalent in all public education
institutions of the same level, and that the conditions relating
to the quality of education provided are also equivalent;
(c) To encourage
and intensify by appropriate methods the education of persons who
have not received any primary education or who have not completed
the entire primary education course and the continuation of their
education on the basis of individual capacity;
(d) To provide
training for the teaching profession without discrimination.
Article
5 1.
The States Parties to this Convention agree that: (a)
Education shall be directed to the full development of the human
personality an d to the strengthening of respect for human rights
and fundamental freedoms; it shall promote understanding, tolerance
and friendship among all nations, racial or religious groups, and
shall further the activities of the United Nations for the
maintenance of peace;
(b) It is
essential to respect the liberty of parents and, where applicable,
of legal guardians, firstly to choose for their children
institutions other than those maintained by the public authorities
but conforming to such minimum educational standards as may be
laid down or approved by the competent authorities and, secondly,
to ensure in a manner consistent with the procedures followed in
the State for the application of its legislation, the religious
and moral education of the children in conformity with their own
convictions; and no person or group of persons should be compelled
to receive religious instruction inconsistent with his or their
conviction;
(c) It is
essential to recognize the right of members of national minorities
to carry on their own educational activities, including the
maintenance of schools and, depending on the educational policy of
each State, the use or the teaching of their own language,
provided however: (i)
That this right is not exercised in a manner which prevents the
members of these minorities from understanding the culture and
language of the community as a whole and from participating in its
- activities, or which prejudices national sovereignty;
(ii) That the
standard of education is not lower than the general standard
laid down or approved by the competent authorities; and
(iii) That
attendance at such schools is optional.
2. The States
Parties to this Convention undertake to take all necessary measures
to ensure the application of the principles enunciated in paragraph
1 of this article.
Article 6
In
the application of this Convention, the States Parties to it undertake
to pay the greatest attention to any recommendations hereafter adopted
by the General Conference of the United Nations Educational,
Scientific and Cultural Organization defining the measures to be taken
against the different forms of discrimination in education and for the
purpose of ensuring equality of opportunity and treatment in
education.
Article 7
The
States Parties to this Convention shall in their periodic reports
submitted to the General Conference of the United Nations Educational,
Scientific and Cultural Organization on dates and in a manner to be
determined by it, give information on the legislative and
administrative provisions which they have adopted and other action
which they have taken for the application of this Convention,
including that taken for the formulation and the development of the
national policy defined in article 4 as well as the results achieved
and the obstacles encountered in the application of that policy.
Article 8
Any
dispute which may arise between any two or more States Parties to this
Convention concerning the interpretation or application of this
Convention which is not settled by negotiations shall at the request
of the parties to the dispute be referred, failing other means of
settling the dispute, to the International Court of Justice for
decision.
Article 9
Reservations
to this Convention shall not be permitted.
Article 10
This
Convention shall not have the effect of diminishing the rights which
individuals or groups may enjoy by virtue of agreements concluded
between two or more States, where such rights are not contrary to the
letter or spirit of this Convention.
Article 11
This
Convention is drawn up in English, French, Russian and Spanish, the
four texts being equally authoritative.
Article 12
1.
This Convention shall be subject to ratification or acceptance by
States Members of the United Nations Educational, Scientific and
Cultural Organization in accordance with their respective
constitutional procedures.
2. The instruments
of ratification or acceptance shall be deposited with the
Director-General of the United Nations Educational, Scientific and
Cultural Organization.
Article 13
1.
This Convention shall be open to accession by all States not Members
of the United Nations Educational, Scientific and Cultural
Organization which are invited to do so by the Executive Board of the
Organization.
2. Accession shall
be effected by the deposit of an instrument of accession with the
Director-General of the United Nations Educational, Scientific and
Cultural Organization.
Article 14
This
Convention shall enter into force three months after the date of the
deposit of the third instrument of ratification, acceptance or
accession, but only with respect to those States which have deposited
their respective instruments on or before that date. It shall enter
into force with respect to any other State three months after the
deposit of its instrument of ratification, acceptance or accession.
Article 15
The
States Parties to this Convention recognize that the Convention is
applicable not only to their metropolitan territory but also to all
non-self-governing, trust, colonial and other territories for the
international relations of which they are responsible; they undertake
to consult, if necessary, the governments or other competent
authorities of these territories on or before ratification, acceptance
or accession with a view to securing the application of the Convention
to those territories, and to notify the Director-General of the United
Nations Educational, Scientific and Cultural Organization of the
territories to which it is accordingly applied, the notification to
take effect three months after the date of its receipt.
Article 16
1.
Each State Party to this Convention may denounce the Convention on its
own behalf or on behalf of any territory for whose international
relations it is responsible.
2. The denunciation
shall be notified by an instrument in writing, deposited with the
Director-General of the United Nations Educational, Scientific and
Cultural Organization.
3. The denunciation
shall take effect twelve months after the receipt of the instrument
of denunciation.
Article 17
The
Director-General of the United Nations Educational, Scientific and
Cultural Organization shall inform the States Members of the
Organization, the States not members of the Organization which are
referred to in article 13, as well as the United Nations, of the
deposit of all the instruments of ratification, acceptance and
accession provided for in articles 12 and 13, and of notifications and
denunciations provided for in articles 15 and 16 respectively.
Article 18
1.
This Convention may be revised by the General Conference of the United
Nations Educational, Scientific and Cultural Organization. Any such
revision shall, however, bind only the States which shall become
Parties to the revising convention.
2. If the General
Conference should adopt a new convention revising this Convention in
whole or in part, then, unless the new convention otherwise
provides, this Convention shall cease to be open to ratification,
acceptance or accession as from the date on which the new revising
convention enters into force.
Article 19
In
conformity with Article 102 of the Charter of the United Nations, this
Convention shall be registered with the Secretariat of the United
Nations at the request of the Director-General of the United Nations
Educational, Scientific and Cultural Organization.
DONE in Paris, this
fifteenth day of December 1960, in two authentic copies bearing the
signatures of the President of the eleventh session of the General
Conference and of the Director-General of the United Nations
Educational, Scientific and Cultural Organization, which shall be
deposited in the archives of the United Nations Educational,
Scientific and Cultural Organization, and certified true copies of
which shall be delivered to all the States referred to in articles 12
and 13 as well as to the United Nations.
The foregoing is the
authentic text of the Convention duly adopted by the General
Conference of the United Nations Educational, Scientific and Cultural
Organization during its eleventh session, which was held in Paris and
declared closed the fifteenth day of December 1960.
IN FAITH WHEREOF we
have appended our signatures this fifteenth day of December 1960.
©
Copyright 1997 Office of the United
Nations High Commissioner for Human Rights Geneva,
Switzerland
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