On the accession of the Republic of Kazakhstan to the Convention on the Elimination of All Forms of Discrimination against Women

Home / RLA / On the accession of the Republic of Kazakhstan to the Convention on the Elimination of All Forms of Discrimination against Women

Law of the Republic of Kazakhstan dated June 29, 1998 No. 248

The Republic of Kazakhstan should accede to the Convention on the Elimination of All Forms of Discrimination against Women, adopted on December 18, 1979.

President of the Republic of Kazakhstan

application

Convention on the Elimination of All Forms of Discrimination against Women (December 18, 1979) (collection of the USSR Ministry of Foreign Affairs, "The USSR and International cooperation in the field of human rights", Moscow, 1989, p. 365)

States - the Parties to this Convention, Bearing in mind that the Charter of the United Nations has reaffirmed faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women, Bearing in mind that the Universal Declaration of Human Rights reaffirms the principle of non-discrimination and proclaims that all human beings are born free and equal in dignity and rights and that Everyone should have all the rights and freedoms set forth therein, without distinction of any kind, including differences in relation to gender, taking into account, What about the states - The parties to the International Covenants on Human Rights are obligated to ensure the equal right of men and women to the enjoyment of all economic, social, cultural, civil and political rights, taking into account international conventions concluded under the auspices of the United Nations and specialized agencies to promote equality between men and women, taking into account also the resolutions, declarations and recommendations adopted The United Nations and specialized agencies for the promotion of gender equality, However, concerned that, despite these various documents, significant discrimination against women continues to occur, recalling that discrimination against women violates the principles of equality and respect for human dignity, impedes women's participation on an equal basis with men in the political, social, economic and cultural life of their country, and hinders growth the welfare of society and the family, and further complicates the full development of women's opportunities for the benefit of their countries and humanity, being concerned that, That in conditions of poverty, women have the least access to food, health care, education, vocational training and employment opportunities, as well as other needs, Convinced that the establishment of a new international economic order based on equality and equity will significantly contribute to achieving equality between men and women, emphasizing that the elimination of apartheid, all forms of racism, racial discrimination, colonialism, neocolonialism, aggression, Foreign occupation and domination and interference in the internal affairs of States are necessary for the full realization of the rights of men and women, Reaffirming that the strengthening of international peace and security, the easing of international tensions, mutual cooperation among all States, regardless of their social and economic systems, general and complete disarmament, and in particular nuclear disarmament under strict and effective control international control, the establishment of principles of justice, equality and mutual benefit in relations between countries and the exercise of the right of peoples under foreign and colonial domination and foreign occupation to self-determination and independence, as well as respect for national sovereignty and territorial integrity of States, will promote social progress and development and, as a result, will contribute to the achievement of full equality between men and women, being We are convinced that the full development of the country, the well-being of the whole world and the cause of peace require the maximum participation of women on an equal basis with men in all areas, taking into account the importance of women's contribution to the well-being of the family and to the development of a society that has not yet been fully recognized, the social significance of motherhood and the role of both parents in the family and in the upbringing of children, and realizing that the role of women in procreation is not It must be the cause of discrimination, since parenting requires the joint responsibility of men and women and society as a whole, recognizing, That in order to achieve full equality between men and women, it is necessary to change the traditional roles of both men and women in society and in the family, determined to implement the principles set out in the Declaration on the Elimination of Discrimination against Women and, to this end, to take the necessary measures to eliminate such discrimination in all its forms and manifestations, have agreed on the following:

Part 1 of Article 1

For the purposes of this Convention, the term "discrimination against women" means any distinction, exclusion or restriction based on sex that is aimed at weakening or nullifying the recognition, enjoyment or exercise by women, regardless of their marital status, on the basis of equal rights of men and women, human rights and fundamental freedoms in political, economic, social, cultural, civic or any other field.

Article 2

The Participating States condemn discrimination against women in all its forms, agree to pursue, without delay and by all appropriate means, a policy of eliminating discrimination against women, and to this end commit themselves to: (a) incorporate the principle of equal rights of men and women into their national constitutions or other relevant legislation, if this has not yet been done, and ensure by law and other appropriate means of practical implementation of this principle; (b) Adopt appropriate legislation and other measures, including sanctions, where necessary, prohibiting all discrimination against women; (c) Establish legal protection of women's rights on an equal basis with men and ensure, through competent national courts and other State institutions, effective protection of women against any act of discrimination.; (d) Refrain from committing any discriminatory acts or actions against women and ensure that public authorities and institutions act in accordance with this obligation; (e) Take all appropriate measures to eliminate discrimination against women by any person, organization or enterprise; (f) Take all appropriate measures, including legislation, to amend or repeal existing laws, regulations, customs and practices that discriminate against women; (g) Repeal all provisions of its criminal legislation that discriminate against women.

Article 3

States Parties shall take all appropriate measures, including legislation, in all fields, and in particular in the political, social, economic and cultural fields, to ensure the full development and advancement of women in order to guarantee them the exercise and enjoyment of human rights and fundamental freedoms on a basis of equality with men.

Article 4

1. The adoption by States Parties of temporary special measures aimed at accelerating the establishment of de facto equality between men and women is not considered discriminatory, as defined by this Convention, but it should in no way entail the maintenance of unequal or differentiated standards; these measures should be abolished when the goals of equal opportunities and equal treatment. 2. The adoption by States Parties of special measures aimed at protecting maternity, including those contained in this Convention, shall not be considered discriminatory.

Article 5

States Parties shall take all appropriate measures to: (a) Change the social and cultural patterns of conduct of men and women in order to achieve the elimination of prejudice and customs and all other practices based on the idea of the inferiority or superiority of one of the sexes or stereotypical roles of men and women.; (b) Ensure that family education includes a proper understanding of motherhood as a social function and recognition of the shared responsibility of men and women for the upbringing and development of their children, provided that in all cases the interests of the children are paramount.

Article 6

States Parties shall take all appropriate measures, including legislation, to suppress all forms of trafficking in women and exploitation of prostitution of women.

Part 2 of Article 7

States Parties shall take all appropriate measures to eliminate discrimination against women in the political and public life of the country and, in particular, ensure to women, on equal terms with men, the right: (a) to vote in all elections and public referendums and to be elected to all publicly elected bodies; (b) to participate in the formulation and implementation of government policies and hold government positions, as well as perform all government functions at all levels of government; (c) To participate in the activities of non-governmental organizations and associations dealing with the problems of the public and political life of the country.

Article 8

Participating States shall take all appropriate measures to ensure that women have the opportunity, on equal terms with men and without discrimination, to represent their Governments at the international level and participate in the work of international organizations.

Article 9

1. States Parties shall grant women equal rights with men to acquire, change or retain their nationality. In particular, they ensure that neither marrying a foreigner nor changing the husband's nationality during marriage automatically changes the wife's nationality, does not turn her into a stateless person and cannot force her to accept her husband's nationality. 2. States Parties shall grant women equal rights with men with respect to the nationality of their children.

Part 3 of Article 10

States Parties shall take all appropriate measures to eliminate discrimination against women in order to ensure that they have equal rights with men in the field of education and, in particular, to ensure, on a basis of equality of men and women: (a) The same conditions for guidance in choosing a profession or profession, for access to education and obtaining diplomas in educational institutions of all categories in both rural and urban areas; This equality is ensured in pre-school, general, special and higher technical education, as well as in all types of vocational training; b) access to the same curricula, the same examinations, teaching staff of the same qualifications, school facilities and equipment of equal quality; (c) Eliminating any stereotypical concept of the roles of men and women at all levels and in all forms of education by encouraging co-education and other types of education that will contribute to this goal, and in particular by revising textbooks and school curricula and adapting teaching methods; (d) Equal opportunities for scholarships and other benefits for education; (e) Equal access to continuing education programmes, including adult literacy and functional literacy programmes, aimed in particular at reducing any gap in knowledge between men and women as soon as possible; (f) Reducing the number of girls who do not graduate from school and developing programmes for girls and women who leave school prematurely g) the same opportunities to actively participate in sports and physical training; (h) Access to special educational information in order to promote the health and well-being of families, including information and advice on family planning.

Article 11

1. States Parties shall take all appropriate measures to eliminate discrimination against women in the field of employment in order to ensure, on a basis of equality of men and women, equal rights, in particular: (a) the right to work as an inalienable right of all human beings; (b) the right to equal employment opportunities, including including the application of the same selection criteria for hiring; (c) The right to freely choose a profession or type of work, to be promoted and guaranteed employment, as well as to enjoy all benefits and working conditions, to receive vocational training and retraining, including apprenticeships, advanced vocational training and regular retraining; (d) The right to equal remuneration, including benefits, equal opportunities for conditions for work of equal value, as well as an equal approach to assessing the quality of work; (e) The right to social security, in particular in the event of retirement, unemployment, illness, disability, old age and other cases of disability, as well as the right to paid leave; (f) The right to health protection and safe working conditions, including the preservation of the function of procreation. 2. In order to prevent discrimination against women on the grounds of marriage or maternity and to guarantee them the effective right to work, States Parties shall take appropriate measures to: (a) prohibit, under threat of sanctions, dismissal from work on the grounds of pregnancy or maternity leave, or discrimination based on marital status upon dismissal; (b) to introduce paid vacations or vacations with comparable social benefits for pregnancy and childbirth without loss of previous place of work, seniority or social benefits; (c) To encourage the provision of additional social services necessary to enable parents to combine family responsibilities with work and participation in public life, in particular through the establishment and expansion of a network of childcare facilities; (d) To provide women with special protection during pregnancy in those types of work that are harmful to their health. health is proven. 3. Legislation related to the protection of the rights covered in this article is periodically reviewed in the light of scientific and technical knowledge, as well as reviewed, repealed or expanded, as necessary.

Article 12

1. States Parties shall take all appropriate measures to eliminate discrimination against women in the field of health care in order to ensure, on a basis of equality of men and women, access to health care, in particular with regard to family planning. 2. In addition to the provisions of paragraph 1 of this article, States Parties shall ensure to women appropriate services during pregnancy, childbirth and the postpartum period, providing, where necessary, free services, as well as appropriate nutrition during pregnancy and lactation.

Article 13

States Parties shall take all appropriate measures to eliminate discrimination against women in other areas of economic and social life in order to ensure, on a basis of equality of men and women, equal rights, in particular: (a) the right to family benefits; (c) the right to receive loans, real estate loans and other forms of financial credit.(c) The right to participate in activities related to recreation, sports and all areas of cultural life.

Article 14

1. The Participating States shall take into account the special problems faced by women living in rural areas and the significant role they play in ensuring the economic well-being of their families, including their activities in non-commodity sectors of the economy, and shall take all appropriate measures to ensure the application of the provisions of this Convention to women living in rural areas. rural areas. 2. States Parties shall take all appropriate measures to eliminate discrimination against women in rural areas in order to ensure, on a basis of equality of men and women, their participation in rural development and in benefiting from such development, and in particular shall ensure to such women the right to: (a) Participate in the development and implementation of plans development at all levels; c) access to appropriate health care, including information, advice, and family planning services; (c) Directly benefit from social insurance programs; (e) Receive all types of training and formal and non-formal education, including functional literacy, as well as use all community-based services, agricultural advisory services, in particular to improve their technical level; (e) Organize self-help groups and cooperatives in order to to ensure equal access to economic opportunities through employment or independent work; (f) To participate in all types of collective activities; (g) To have access to agricultural loans and loans, a marketing system, appropriate technology and equal status in land and agrarian reforms, as well as in land re-settlement plans; (x) To enjoy adequate living conditions, especially housing, sanitation, electricity and water supply, as well as transport and communication facilities.

Part 4 of Article 15

1. The Participating States shall recognize women's equality with men before the law. 2. The Participating States shall grant women the same civil legal capacity as men and the same opportunities to exercise it. In particular, they provide them with equal rights in concluding contracts and managing property, as well as equal treatment at all stages of proceedings before courts and tribunals. 3. The Participating States agree that all contracts and all other private documents of any kind with a legal effect limiting women's legal capacity shall be considered invalid. 4. The Participating States shall grant men and women the same rights with regard to legislation concerning the movement of persons and the freedom to choose their place of residence and domicile.

Article 16

1. States Parties shall take all appropriate measures to eliminate discrimination against women in all matters relating to marriage and family relations and, in particular, shall ensure, on a basis of equality of men and women: (a) the same rights to marry; (c) the same rights to freely choose a spouse and to marry. only with their free and full consent; c) the same rights and obligations during the marriage and upon its dissolution; (e) The same rights and duties of men and women as parents, regardless of their marital status, in matters concerning their children; in all cases, the interests of the children are paramount; (f) The same rights to freely and responsibly decide on the number of children and the intervals between their births and to have access to information, education, and media which allow them to exercise this right; (f) The same rights and obligations to be guardians, trustees, trustees and adoptive parents of children or to perform similar functions when provided for by national legislation; in all cases, the interests of the children are paramount; (g) The equal personal rights of husband and wife, including the right to choose a surname, profession and occupation; (x) the equal rights of spouses in relation to the possession, acquisition, management, use and disposal of property, both free of charge and for a fee. 2. The child's education and marriage have no legal effect, but all necessary measures are being taken, including legislation, to determine the minimum age for marriage and to make it mandatory for marriages to be registered in civil status records.

Part 5 of Article 17

1. The Committee on the Elimination of Discrimination against Women (hereinafter referred to as the "Committee") is established to review the implementation of this Convention, consisting of eighteen experts of high moral standing and competence in the field at the time of the Convention's entry into force, and twenty-three experts of high moral standing and competence in the field after its ratification or accession by the thirty-fifth State Party. covered by this Convention. These experts are elected by the participating States from among their citizens and serve in their personal capacity, taking into account the equitable geographical distribution and representation of various forms of civilization, as well as the main legal systems. 2. The members of the Committee shall be elected by secret ballot from among those included in the list of persons nominated by the participating States. Each Participating State may nominate one person from among its nationals. 3. The initial elections shall be held six months after the date of entry into force of this Convention. At least three months before the date of each election, the Secretary-General of the United Nations shall send a letter to the participating States inviting them to submit their candidacies within two months. The Secretary-General shall prepare a list in which all the persons so nominated are listed in alphabetical order, indicating the States Parties that nominated them, and shall submit this list to the States Parties. 4. The election of the members of the Committee shall take place at a meeting of the States Parties convened by the Secretary-General at United Nations Headquarters. At this meeting, at which two thirds of the participating States constitute a quorum, those candidates who receive the largest number of votes and an absolute majority of the votes of the representatives of the Participating States present and voting shall be considered as the persons elected to the Committee. 5. The members of the Committee are elected for a four-year term. However, the term of office of the nine members elected at the first election expires after two years; immediately after the first election, the names of these nine members are chosen by lot by the Chairman of the Committee. 6. The election of five additional members of the Committee shall be carried out in accordance with the provisions of paragraphs 2, 3 and 4 of this article after the ratification or accession to the Convention of the thirty-fifth State. The term of office of the two additional members thus elected shall expire after two years; the names of these two members shall be chosen by lot by the Chairman of the Committee. 7. To fill unforeseen vacancies, a State Party whose expert has ceased to function as a member of the Committee shall appoint another expert from among its nationals, subject to the approval of the Committee. 8. The members of the Committee shall receive remuneration, approved by the General Assembly, from United Nations funds, in accordance with the procedure and conditions established by the Assembly, taking into account the importance of the Committee's responsibilities. 9. The Secretary-General of the United Nations shall provide the necessary staff and facilities for the effective performance of the functions of the Committee in accordance with this Convention.

Article 18

1. The States Parties undertake to submit to the Secretary-General of the United Nations, for consideration by the Committee, a report on the legislative, judicial, administrative or other measures they have taken to give effect to the provisions of this Convention and on the progress made in this regard: (a) within one year from the date of entry into force of this Convention for the State concerned; and) thereafter, at least every four years and beyond, whenever requested by the Committee. 2. Reports may indicate the factors and difficulties affecting the degree of implementation of obligations under this Convention.

Article 19

1. The Committee shall adopt its own rules of procedure. 2. The Committee shall elect its officers for a two-year term.

Article 20

1. The Committee shall meet annually, usually for a period not exceeding two weeks, for the purpose of considering reports submitted in accordance with article 18 of this Convention. 2. The meetings of the Committee shall normally be held at United Nations Headquarters or at any other appropriate location determined by the Committee.

Article 21

1. The Committee, through the Economic and Social Council, submits an annual report to the United Nations General Assembly on its activities and may make general suggestions and recommendations based on the examination of reports and information received from States parties. Such suggestions and general recommendations shall be included in the Committee's report along with comments from States parties, if any. 2. The Secretary-General shall transmit the reports of the Committee to the Commission on the Status of Women for its information.

Article 22

The specialized agencies shall have the right to be represented when considering the implementation of such provisions of this Convention as fall within the scope of their activities. The Committee may invite specialized agencies to submit reports on the implementation of the Convention in areas falling within the scope of their activities.

Part VI, Article 23

Nothing in this Convention shall affect any provisions more conducive to achieving equality between men and women that may be contained: (a) in the legislation of a State Party; or (b) in any other international convention, treaty or agreement in force for such State.

Article 24

The Participating States undertake to take all necessary measures at the national level to achieve the full realization of the rights recognized in this Convention.

Article 25

1. This Convention is open for signature by all States. 2. The Secretary-General of the United Nations shall be designated as the depositary of this Convention. 3. This Convention is subject to ratification. The instruments of ratification shall be deposited with the Secretary-General of the United Nations. 4. This Convention is open for accession by all States. Accession shall be effected by the deposit of an instrument of accession with the Secretary-General of the United Nations.

Article 26

1. A request for revision of this Convention may be submitted at any time by any of the States Parties by written communication addressed to the Secretary-General of the United Nations. 2. The General Assembly of the United Nations, if it deems it necessary to take any action, shall decide what action should be taken in respect of such a request.

Article 27

1. This Convention shall enter into force on the thirtieth day after the deposit of the twentieth instrument of ratification or accession with the Secretary-General of the United Nations. 2. For each State that ratifies or accedes to this Convention after the deposit of the twentieth instrument of ratification or accession, this Convention shall enter into force on the thirtieth day after the deposit of its instrument of ratification or accession.

Article 28

1. The Secretary-General of the United Nations receives and circulates to all States the text of reservations made by States at the time of ratification or accession. 2. A reservation incompatible with the aims and objectives of this Convention is not permitted. 3. Reservations may be withdrawn at any time by notification addressed to the Secretary-General, who will then inform all States parties accordingly. Such notification shall take effect from the date of its receipt.

Article 29

1. The Committee shall adopt its own rules of procedure. 2. The Committee shall elect its officers for a two-year term.

Article 20

Article 21

Article 22

Part VI, Article 23

Article 24

The Participating States undertake to take all necessary measures at the national level to achieve the full realization of the rights recognized in this Convention.

Article 25

Article 26

Article 27

Article 28

Article 29

1. Any dispute between two or more States Parties concerning the interpretation or application of this Convention that has not been resolved through negotiation shall, at the request of one of the parties, be submitted to arbitration. If, within six months of the filing of the request for arbitration, the parties have failed to reach an agreement on the organization of the arbitration, either party may refer the dispute to the International Court of Justice by filing an application in accordance with the Statute of the Court. 2. Each State Party may, at the time of signing, ratifying or acceding to this Convention, declare that it does not consider itself bound by the obligations contained in paragraph 1 of this article. The other participating States shall not be bound by the specified paragraph of this article with respect to any State Party that has made such a reservation. 3. Any State Party that has made a reservation in accordance with paragraph 2 of this article may at any time withdraw its reservation by notification to the Secretary-General of the United Nations.

Article 30

This Convention, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations. In witness whereof, the undersigned, being duly authorized thereto, have signed this Convention.

President

Republic of Kazakhstan

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