CEDAW Ratifications & Country Reservations

Algeria
⁶⁵

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 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.

       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 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 Court of International Justice except
with the consent of all the parties to the dispute.

Argentina

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
³

Reservations:

       “The
Government of Australia states that maternity leave with pay is provided in
respect of most women employed by the Commonwealth Government and the
Governments of New South Wales and Victoria. Unpaid maternity leave is
provided in respect of all other women employed in the State of New South
Wales and elsewhere to women employed under Federal and some State
industrial awards.  Social Security benefits subject to income tests are
available to women who are sole parents.
       “The Government of
Australia advises that it is not at present in a position to take the
measures required by article 11 (2) to introduce maternity leave with pay
or with comparable social benefits throughout Australia.
       …..

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.”

30  August 2000

Reservation:

       The
Government of Australia advises that it does not accept the application of
the Convention in so far as it would require alteration of Defence Force
policy which excludes women from combat duties.”

Austria
⁴

Reservation:

       “Austria
reserves its right to apply the provision of Article 11, as far as
special protection of working women is concerned within the limits
established by national legislation.”
       

Bahamas
⁶⁶

Reservations:

       “The
Government of the Commonwealth of the Bahamas does not consider itself
bound by the provisions of article 2 (a) of the Convention.
       The Government of the
Commonwealth of the Bahamas does not consider itself bound by the
provisions of article 9, paragraph 2, of the Convention.
       The Government of the
Commonwealth of the Bahamas does not consider itself bound by the
provisions of article 29, paragraph 1, of the Convention.”

Bahrain

Reservations:

       … 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 Shariah;
       – Article 9, paragraph 2;
       – Article 15, paragraph 4;
       – Article 16, in so far as it
is incompatible with the provisions of the Islamic Shariah;
       – Article 29, paragraph 1.

Bangladesh
⁵

       “The
Government of the People’s Republic of Bangladesh does not consider as
binding upon itself the provisions of article 2, [… and …] 16 (1) (c) as they conflict with  Sharia law based on
Holy Quran and Sunna.”

Belarus
⁵⁴

Belarus54

Belgium
⁶

Belgium6

Brazil
⁸

Brazil8

Reservation made upon signature and confirmed upon ratification:

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

Brunei
Darussalam

Reservations:

       “The
Government of Brunei Darussalam expresses its reservations regarding those
provisions of the said Convention that may be contrary to the Constitution
of Brunei Darussalam and to the beliefs and principles of Islam, the
official religion of Brunei Darussalam and, without prejudice to the
generality of the said reservations, expresses its reservations regarding
paragraph 2 of Article 9 and paragraph 1 of Article 29 of the
Convention.”

Bulgaria
⁹

Canada
¹²

Chile

Upon signature:

       Declaration:

       The
Government of Chile has signed this Convention on the Elimination of All
Forms of Discrimination Against Women, mindful of the important step which
this document represents, not only in terms of the elimination of all forms
of discrimination against women, but also in terms of their full and
permanent integration into society in conditions of equality.
       The Government is obliged to
state, however, that some of the provisions of the Convention are not
entirely compatible with current Chilean legislation.
       At the same time, it reports
the establishment of a Commission for the Study and Reform of the Civil
Code, which now has before it various proposals to amend,  inter
alia , those provisions which are not fully consistent with the terms
of the Convention.

China

Declaration made upon signature and confirmed upon ratification:

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

Cook
Islands ¹⁵

Cuba

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
through direct negotiations through the diplomatic channel.

Cyprus
¹⁶

Czech
Republic ¹⁷

Democratic
People’s Republic of Korea ¹⁸

Reservations:

       “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
²⁰

Reservations made upon signature and confirmed upon ratification:

       […..]        In respect of 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’s  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 complementary which
guarantees true equality between the spouses. 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.
       In respect of article 29
       The Egyptian delegation also
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 ofarbitration in this field.

Reservation made upon ratification:

       General
reservation on 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

Upon signature:

       Upon
ratification of the Convention, the Government of El Salvador will make the
reservation provided for in article 29.

Upon ratification:

       Reservation:

       With
reservation as to the application of the provision of article 29, paragraph
1.

Ethiopia

Reservation:

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

Fiji
²¹

France
²²

Upon signature:

       The
Government of the French Republic declares that article 9 of the
Convention must not be interpreted as precluding the application of the
second paragraph of article 96 of the code of French nationality.
       

[All other declarations
and reservations were confirmed in substance upon ratification.]

Upon ratification:

       Declarations:

       The
Government of the French Republic declares that the preamble to the
Convention in particular the eleventh preambular paragraph contains
debatable elements which are definitely out of place in this text.
       The Government of the French
Republic declares that the term “family education” in article 5
(b) of the Convention must be interpreted as meaning public education
concerning the family and that, in any event, article 5 will be applied
subject to respect for article 17 of the International Covenant on Civil
and Political Rights and article 8 of the European Convention for the
Protection of Human Rights and Fundamental Freedoms.
       The Government of the French
Republic declares that no provision of the Convention must be interpreted
as prevailing over provisions of French legislation which are more
favourable to women than to men.

       Reservations:

       …..
       Article 14
       1. The Government of the
French Republic declares that article 14, paragraph 2 (c), should be
interpreted as guaranteeing that women who fulfil the conditions relating
to family or employment required by French legislation for personal
participation shall acquire their own rights within the framework of social
security.
       2. The Government of the
French Republic declares that article 14, paragraph 2 (h), of the
Convention should not be interpreted as implying the actual provision, free
of charge, of the services mentioned in that paragraph.
       Article 16 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
^23,
24

Declaration:

       The
right of peoples to self-determination, as enshrined in the Charter of the
United Nations and in the International Covenants of 19 December 1966,
applies to all peoples and not only to those living ‘under alien and
colonial domination and foreign occupation’. All peoples thus have the
inalienable right freely to determine their political status and freely to
pursue their economic, social and cultural development. The Federal
Republic of Germany would be unable to recognize as legally valid an
interpretation of the right to self-determination which contradicts the
unequivocal wording of the Charter of the United Nations and of the two
International Covenants of 19 December 1966 on Civil and Political Rights
and on Economic, Social and Cultural Rights. It will interpret the 11th
paragraph of the Preamble accordingly.

Hungary
²⁷

India

Declarations and reservations made upon signature and confirmed upon
ratification:

       Declarations:

       “i)
With regard to articles 5 (a) and 16 (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.
       “ii) With regard to
article 16 (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

       “The
Government of the Republic of Indonesia does not consider itself bound by
the provisions 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
²⁹

Reservations:

       1.
Approval of and accession to this Convention shall not mean that the
Republic of Iraq is bound by the provisions of article 2, paragraphs (f)
and (g), of article 9, paragraphs 1 and 2, nor of article 16 of the
Convention. The reservation to this last-mentioned article shall be without
prejudice to the provisions of the Islamic  Shariah according
women rights equivalent to the rights of their spouses so as to ensure a
just balance between them.   Iraq also enters a reservation to article
29, paragraph 1, of this Convention with regard to the principle of
international arbitration in connection with the interpretation or
application of this Convention.
       2. This approval in no way
implies recognition of or entry into any relations with Israel.

Ireland
²⁸

Reservations:

       ….

Articles 16, 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 (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 articles 11,1 (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

Reservations:

       “1.
The State of Israel hereby expresses its reservation with regard to article
7 (b) of the Convention concerning the appointment of women to serve as
judges of religious courts where this is prohibited by the laws of any of
the religious communities in Israel. Otherwise, the said article is fully
implemented in Israel, in view of the fact that women take a prominent part
in all aspect of public life.
       “2. The State of Israel
hereby expresses its reservation with regard to article 16 of the
Convention, to the extent that the laws on personal status which are
binding on the various religious communities in Israel do not conform with
the provisions of that article.”

Declaration:

       “3.
In accordance with paragraph 2 of article 29 of the Convention, the State
of Israel hereby declares that it does not consider itself bound by
paragraph 1 of that article.”

Italy

Upon signature:

       Reservation:

       Italy
reserves the right to exercise, when depositing the instrument of
ratification, the option provided for in article 19 of the Vienna
Convention on the Law of Treaties of 23 May 1969.

Jamaica
³⁰

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

Jordan
⁶⁷

Declaration made upon signature and confirmed upon ratification:

       Jordan does not consider
itself bound by the following provisions:

       1.
Article 9, paragraph 2;
       2. …
       3. Article 16, paragraph (1)
(c), relating to the rights arising upon the dissolution of marriage with
regard to maintenance and compensation;
       4. Article 16, paragraph (1)
(d) and (g).

Kuwait
^31,
68

Reservations:

       …

2. 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.

3. Article 16 (f)
       The Government of the
State of Kuwait declares that it does not consider itself bound by the
provision contained in article 16 (f) inasmuch as it conflicts with the
provisions of the  Islamic  Shariah , Islam being
the official religion of the State.
       4. The Government of Kuwait
declares that it is not bound by the provision contained in article 29,
paragraph 1.

Lebanon
¹⁹

Reservations:

       The
Government of the Lebanese Republic enters reservations regarding article 9
(2), and article 16 (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
^31,
32

Reservation:

       “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 law relating to succession to chieftainship.”

Libya
³³

Reservation:

       1.
Article 2 of the Convention shall be implemented with due regard for the
peremptory norms of the Islamic  Shariah relating to
determination of the inheritance portions of the estate of a deceased
person, whether female or male.
       2. The implementation of
paragraph 16 (c) and (d) of the Convention shall be without prejudice to
any of the rights guaranteed to women by the Islamic  Shariah .