As recommended by the Committee on Foreign Relations:
Resolved (two-thirds of the Senators present concurring therein),
Section 1. Advice and Consent to Ratification of the Convention on the Elimination of All Forms of Discrimination Against Women, subject to Reservations, Understandings and Declarations.
The Senate advises and consents to the ratification of the Convention on the Elimination of All Forms of Discrimination Against Women, adopted by the United Nations General Assembly on December 18, 1979, and signed on behalf of the United States of America on July 17, 1980 (Treaty Doc. 96-53), subject to the reservations in Section 2, the understandings in Section 3, and the declarations in Section 4.
Section 2. Reservations.
The advice and consent of the Senate is subject to the following reservations, which shall be included in the instrument of ratification:
(1) The Constitution and laws of the United States establish extensive protections against discrimination, reaching all forms of governmental activity as well as significant areas of non-governmental activity. However, individual privacy and freedom from governmental interference in private conduct are also recognized as among the fundamental values of our free and democratic society. The United States understands that by its terms the Convention requires broad regulation of private conduct, in particular under Articles 2, 3 and 5. The United States does not accept any obligation under the Convention to enact legislation or to take any other action with respect to private conduct except as mandated by the Constitution and laws of the United States.
(2) Under current U.S. law and practice, women are permitted to volunteer for military service without restriction, and women in fact serve in all U.S. armed services, including in combat positions. However, the United States does not accept an obligation under the Convention to assign women to all military units and positions which may require engagement in direct combat.
(3) U.S. law provides strong protections against gender discrimination in the area of remuneration, including the right to equal pay for equal work in jobs that are substantially similar. However, the United States does not accept any obligation under this Convention to enact legislation establishing the doctrine of comparable worth as that term is understood in U.S. practice.
(4) Current U.S. law contains substantial provisions for maternity leave in many employment situations but does not require paid maternity leave. Therefore, the United States does not accept an obligation under Article 11(2)(b) to introduce maternity leave with pay or with comparable social benefits without loss of former employment, seniority or social allowances.
Section 3. Understandings.
The advice and consent of the Senate is subject to the following understandings, which shall be included in the instrument of ratification:
(1) The United States understands that this Convention shall be implemented by the Federal Government to the extent that it exercises jurisdiction over the matters covered therein, and otherwise by the State and local governments. To the extent that State and local governments exercise jurisdiction over such matters, the Federal Government shall, as necessary, take appropriate measures to ensure the fulfillment of this Convention.
(2) The Constitution and laws of the United States contain extensive protections of individual freedom of speech, expression, and association. Accordingly, the United States does not accept any obligation under this Convention, in particular under Articles 5, 7, 8 and 13, to restrict those rights, through the adoption of legislation or any other measures, to the extent that they are protected by the Constitution and laws of the United States.
(3) The United States understands that Article 12 permits States Parties to determine which health care services are appropriate in connection with family planning, pregnancy, confinement and the post-natal period, as well as when the provision of free services is necessary, and does not mandate the provision of particular services on a cost-free basis.
(4) Nothing in this Convention shall be construed to reflect or create any right to abortion and in no case should abortion be promoted as a method of family planning.
(5) The United States understands that the Committee on the Elimination of Discrimination Against Women was established under Article 17 ""for the purpose of considering the progress made in the implementation"" of the Convention. The United States understands that the Committee on the Elimination of Discrimination Against Women, as set forth in Article 21, reports annually to the General Assembly on it activities, and ""may make suggestions and general recommendations based on the examination of reports and information received from the States Parties."" Accordingly, the United States understands that the Committee on the Elimination of Discrimination Against Women has no authority to compel actions by States Parties.
Section 4. Declarations.
The advice and consent of the Senate is subject to the following declarations:
(1) The United States declares that, for purposes of its domestic law, the provisions of the Convention are non-self-executing.
(2) With reference to Article 29(2), the United States declares that it does not consider itself bound by the provisions of Article 29(1). The specific consent of the United States to the jurisdiction of the International Court of Justice concerning disputes over the interpretation or application of this Convention is required on a case-by-case basis.
" 96-54,96,54,PROTOCOL AMENDING THE INTERIM CONVENTION ON NORTH PACIFIC FUR SEALS,Fisheries and Wildlife,1980-11-12T00:00:00Z,1981-07-02T00:00:00Z,U.S.S.R. (Soviet Union),"CONSERVATION OF FUR SEALS, CONSERVATION OF SEALS, FUR SEALS, NORTH PACIFIC, NORTH PACIFIC FUR SEALS, PACIFIC OCEAN, SEALS", 96-55,96,55,TAX CONVENTION WITH CANADA,Taxation,1980-11-12T00:00:00Z,1984-08-16T00:00:00Z,Canada,"CANADA, CAPITAL TAX, INCOME TAX, TAX, TAXATION, TIAS 11087", 96-56,96,56,TAX CONVENTION WITH EGYPT,Taxation,1980-11-12T00:00:00Z,1981-12-31T00:00:00Z,Egypt,"ARAB REPUBLIC OF EGYPT, EGYPT, INCOME TAX, TAX, TAXATION", 96-52,96,52,TAX CONVENTION WITH DENMARK,Taxation,1980-09-04T00:00:00Z,,Denmark,"96-52, DENMARK, INCOME TAX, S. Res 267 (106th), T.DOC. 96-52, TAX, TAXATION", 96-51,96,51,FRIENDSHIP AND MARITIME BOUNDARY DELIMITATION TREATY WITH THE COOK ISLANDS,Maritime Boundaries and Claims,1980-09-03T00:00:00Z,,Cook Islands,"BOUNDARY, COOK ISLANDS, FRIENDSHIP, MARITIME BOUNDARY", 96-49,96,49,INTERNATIONAL CONVENTION AGAINST THE TAKING OF HOSTAGES,Extradition and Criminal Assistance,1980-08-04T00:00:00Z,1983-06-03T00:00:00Z,,"HOSTAGES, TAKING OF HOSTAGES", 96-50,96,50,TAX CONVENTION WITH JAMAICA,Taxation,1980-08-04T00:00:00Z,1981-12-29T00:00:00Z,Jamaica,"INCOME TAX, JAMAICA, TAX, TAXATION", 96-48,96,48,PROTOCOL AMENDING THE 1976 INCOME TAX CONVENTION WITH ISRAEL,Taxation,1980-07-03T00:00:00Z,,Israel,"INCOME TAX, ISRAEL, TAX, TAX PROTOCOL, TAXATION", 96-45,96,45,"INTERNATION CONVENTION ON MARITIME SEARCH AND RESCUE, 1979",International Law and Organization,1980-06-20T00:00:00Z,1985-06-22T00:00:00Z,,"IMCO, MARITIME SEARCH AND RESCUE, RESCUE, SEARCH AND RESCUE, SHIPPING", 96-47,96,47,RECIPROCAL FISHERIES AGREEMENT OF 1979 WITH THE UNITED KINGDOM,Fisheries and Wildlife,1980-06-02T00:00:00Z,1983-03-10T00:00:00Z,United Kingdom,"FISHERIES, FISHERIES AGREEMENT, RECIPROCAL FISHERIES AGREEMENT, UNITED KINGDOM", 96-46,96,46,AMENDMENTS TO THE INTER-GOVERNMENTAL MARITIME CONSULTATIVE ORGANIZATION CONVENTION,International Law and Organization,1980-05-20T00:00:00Z,,,"IMCO, IMCO CONVENTION AMENDMENTS, INTERGOVERNMENTAL MARITIME CONSULTATIVE ORG", 96-44,96,44,TAX CONVENTION WITH CYPRUS,Taxation,1980-05-16T00:00:00Z,,Cyprus,"CYPRUS, INCOME TAX, TAX, TAXATION", 96-42,96,42,"FOOD AID CONVENTION, 1980",Commercial,1980-05-09T00:00:00Z,1980-11-11T00:00:00Z,,"AGRICULTURAL TRADE, AGRICULTURE, FOOD, FOOD AID, FOOD AID CONVENTION, TRADE", 96-43,96,43,CONVENTION ON THE PHYSICAL PROTECTION OF NUCLEAR MATERIAL,International Law and Organization,1980-05-09T00:00:00Z,1987-02-08T00:00:00Z,,"NUCLEAR, NUCLEAR MATERIAL, PHYSICAL PROTECTION OF NUCLEAR MATERIAL, PROTECTION OF NUCLEAR MATERIAL", 96-41,96,41,CONSULAR CONVENTION WITH THE GERMAN DEMOCRATIC REPUBLIC,Consular,1980-04-28T00:00:00Z,1981-02-28T00:00:00Z,German Democratic Republic,"CONSULAR, GERMAN DEMOCRATIC REPUBLIC, GERMANY", 96-40,96,40,INCOME TAX TREATY WITH MALTA,Taxation,1980-04-21T00:00:00Z,1982-05-18T00:00:00Z,Malta,"INCOME TAX, MALTA, TAX, TAXATION", 96-38,96,38,AMENDMENT TO THE CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA,Fisheries and Wildlife,1980-04-02T00:00:00Z,1987-04-13T00:00:00Z,,"CITES, ENDANGERED SPECIES, ENVIRONMENT, TRADE IN ENDANGERED SPECIES, WILD FAUNA AND FLORA", 96-39,96,39,"INTERNATIONAL NATURAL RUBBER AGREEMENT, 1979",Commercial,1980-04-02T00:00:00Z,1982-04-15T00:00:00Z,,"INTERNTIONAL NATURAL RUBBER AGREEMENT, NATURAL RUBBER, NATURAL RUBBER AGREEMENT, RUBBER, RUBBER AGREEMENT", 96-36,96,36,TREATY OF FRIENDSHIP WITH KIRIBATI,Maritime Boundaries and Claims,1980-01-24T00:00:00Z,1983-09-23T00:00:00Z,Kiribati,"FRIENDSHIP, FRIENDSHIP TREATY, ISLAND CLAIMS, KIRIBATI, SOUTH PACIFIC ISLANDS, TREATY OF FRIENDSHIP", 96-37,96,37,"1978 PARTIAL REVISION OF THE RADIO REGULATIONS (GENEVA, 1959)",Commercial,1980-01-24T00:00:00Z,1980-10-22T00:00:00Z,,"RADIO, RADIO REGULATIONS, RADIO REGULATIONS REVISION", 96-35,96,35,TREATY WITH PERU ON THE EXECUTION OF PENAL SENTENCES,Extradition and Criminal Assistance,1979-12-20T00:00:00Z,,Peru,"EXECUTION OF PENAL SENTENCES, PENAL SENTENCES, PERU, PRISONERS, SENTENCES", 96-34,96,34,CONVENTION ON THE INTER-AMERICAN INSTITUTE FOR COOPERATION ON AGRICULTURE,International Law and Organization,1979-11-14T00:00:00Z,1980-12-08T00:00:00Z,,"AGRICULTURE, COOPERATION ON AGRICULTURE, INTER-AMERICAN, INTER-AMERICAN INSTITUTE", 96-33,96,33,AMENDMENT TO THE 1966 INTERNATIONAL CONVENTION ON LOAD LINES,Shipping and Marine Pollution,1979-10-17T00:00:00Z,,,"INTERNATIONAL CONVENTION ON LOAD LINES, LOAD LINES, LOAD LINES CONVENTION AMENDMENT", 96-32,96,32,PROTOCOLS FOR THE 5TH EXTENSION OF THE 1971 INTERNATIONAL WHEAT AGREEMENT,Commercial,1979-09-11T00:00:00Z,1980-11-11T00:00:00Z,,"FIFTH EXTENSION, FOOD AID CONVENTION, INTERNATIONAL WHEAT AGREEMENT, WHEAT, WHEAT AGREEMENT, WHEAT AGREEMENT PROTOCOLS, WHEAT TRADE CONVENTION", 96-31,96,31,"INTERNATIONAL CONVENTION ON STANDARDS OF TRAINING, CERTIFICATION AND WATCHKEEPING FOR SEAFARERS, 1978",Shipping and Marine Pollution,1979-09-05T00:00:00Z,,,"CERTIFICATION, MERCHANT SHIPPIING, SEAFARERS, SHIPPING, STANDARDS OF CERTIFICATION, STANDARDS OF TRAINING, STANDARDS OF WATCHKEEPING, TRAINING, WATCHKEEPING","TEXT OF RESOLUTION OF ADVICE AND CONSENT TO RATIFICATION AS REPORTED BY THE COMMITTEE ON FOREIGN RELATIONS AND APPROVED BY THE SENATE:
Resolved, (two-thirds of the Senators present concurring therein), That the Senate advise and consent to the ratification of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, with Annex, 1978 (The Convention), done at London, July 7, 1978.
" 96-29,96,29,EXTRADITION TREATY WITH NORWAY,Extradition and Criminal Assistance,1979-08-10T00:00:00Z,,Norway,"EXTRADITION, NORWAY", 96-30,96,30,PROTOCOL AMENDING THE 1953 HALIBUT FISHERY CONVENTION WITH CANADA,Fisheries and Wildlife,1979-08-10T00:00:00Z,1980-10-15T00:00:00Z,Canada,"BERING SEA, CANADA, FISHERIES, HAILBUT FISHERY CONVENTION, HALIBUT, HALIBUT FISHERY, NORTH PACIFIC OCEAN", 96-27,96,27,TREATY WITH TURKEY ON EXTRADITION AND MUTUAL ASSISTANCE IN CRIMINAL MATTERS,Extradition and Criminal Assistance,1979-08-02T00:00:00Z,1981-01-01T00:00:00Z,Turkey,"ASSISTANCE IN CRIMINAL MATTERS, CRIMINAL MATTERS, EXTRADITION, MUTUAL ASSISTANCE IN CRIMINAL MATTERS, TURKEY", 96-28,96,28,TREATY WITH TURKEY ON THE ENFORCEMENT OF PENAL JUDGEMENTS,Extradition and Criminal Assistance,1979-08-02T00:00:00Z,,Turkey,"ENFORCEMENT OF PENAL JUDGEMENTS, PENAL JUDGEMENTS, PRISONERS, TURKEY", 96-26,96,26,TREATY WITH PANAMA ON THE EXECUTION OF PENAL SENTENCES,Extradition and Criminal Assistance,1979-07-30T00:00:00Z,1980-06-27T00:00:00Z,Panama,"EXECUTION OF PENAL SENTENCES, PANAMA, PENAL SENTENCES, PRISONERS", 96-25,96,25,TREATY ON THE LIMITATION OF STRATEGIC ARMS AND PROTOCOL THERETO (SALT II TREATY),Arms Control,1979-06-22T00:00:00Z,,U.S.S.R. (Soviet Union),"96-25, ARMS CONTROL, LIMITATION OF STRATEGIC OFFENSIVE ARMS, OFFENSIVE ARMS, S. Res 267 (106th), SALT II, SALT II TREATY, STRATEGIC OFFENSIVE ARMS, T.DOC. 96-25, UNION OF SOVIET SOCIALIST REPUBLICS, USSR", 96-23,96,23,TREATY OF FRIENDSHIP WITH TUVALU,Maritime Boundaries and Claims,1979-05-09T00:00:00Z,1983-09-23T00:00:00Z,Tuvalu,"FRIENDSHIP, FRIENDSHIP TREATY, TUVALU", 96-24,96,24,TAX CONVENTION WITH HUNGARY,Taxation,1979-05-09T00:00:00Z,,Hungary,"HUNGARY, INCOME TAX, TAX, TAXATION", 96-18,96,18,ESTATE AND GIFT TAX CONVENTION WITH THE UNITED KINGDOM,Taxation,1979-05-03T00:00:00Z,,United Kingdom,"ESTATE TAX, GIFT TAX, TAX, TAXATION, UNITED KINGDOM", 96-19,96,19,AMENDMENTS TO THE 1948 INTERGOVERNMENTAL MARITIME CONSULTATIVE ORGANIZATION CONVENTION,Shipping and Marine Pollution,1979-05-03T00:00:00Z,1982-05-22T00:00:00Z,,"IMCO, IMCO CONVENTION, IMCO CONVENTION AMENDMENTS, INTERGOVERNMENTAL MARITIME CONSULTATIVE ORG", 96-20,96,20,CONVENTION ON FUTURE MULTILATERAL COOPERATION ON THE NORTHWEST ATLANTIC FISHERIES,Fisheries and Wildlife,1979-05-03T00:00:00Z,,,"ATLANTIC FISHERIES, FISHERIES, FISHERIES CONVENTION, NAFO CONVENTION, NORTHWEST ATLANTIC FISHERIES", 96-21,96,21,MARITIME BOUNDARY SETTLEMENT TREATY WITH CANADA,Maritime Boundaries and Claims,1979-05-03T00:00:00Z,1981-11-20T00:00:00Z,Canada,"CANADA, GULF OF MAINE AREA, MARITIME BOUNDARY SETTLEMENT, MARITIME BOUNDARY TREATY", 96-22,96,22,AGREEMENT ON EAST COAST FISHERY RESOURCES WITH CANADA,Fisheries and Wildlife,1979-05-03T00:00:00Z,,Canada,"CANADA, EAST COAST FISHERIES, EAST COAST FISHERY RESOURCES, FISHERIES, FISHERY RESOURCES AGREEMENT", 96-17,96,17,THIRD PROTOCOL TO THE 1975 TAX CONVENTION WITH THE UNITED KINGDOM,Taxation,1979-04-12T00:00:00Z,,United Kingdom,"CAPITAL GAINS TAX, INCOME TAX, TAX, TAXATION, THIRD PROTOCOL, UNITED KINGDOM", 96-16,96,16,EXTRADITION TREATY WITH JAPAN,Extradition and Criminal Assistance,1979-04-04T00:00:00Z,,Japan,"EXTRADITION, JAPAN", 96-13,96,13,EXTRADITION TREATY WITH MEXICO,Extradition and Criminal Assistance,1979-03-22T00:00:00Z,,Mexico,"EXTRADITION, MEXICO", 96-14,96,14,PROTOCOL RELATING TO AN AMENDMENT TO THE INTERNATIONAL CIVIL AVIATION CONVENTION OF 1944,Aviation,1979-03-22T00:00:00Z,,,"AVIATION, CIVIL AVIATION, CIVIL AVIATION CONVENTION PROTOCOL, INTERNATIONAL CIVIL AVIATION", 96-15,96,15,PROTOCOL ON THE TEXT OF THE INTERNATIONAL CIVIL AVIATION CONVENYTION OF 1944,Aviation,1979-03-22T00:00:00Z,,,"AVIATION, CIVIL AVIATION, CIVIL AVIATION CONVENTION PROTOCOL, INTERNATIONAL CIVIL AVIATION", 96-12,96,12,PROTOCOLS FOR THE 4TH EXTENSION OF THE 1971 INTERNATIONAL WHEAT AGREEMENT,Commercial,1979-03-15T00:00:00Z,,,"FOOD AID CONVENTION, FOURTH EXTENSION, WHEAT, WHEAT AGREEMENT, WHEAT AGREEMENT EXTENSION, WHEAT TRADE CONVENTION", 96-10,96,10,ESTATE AND GIFT TAX CONVENTION WITH FRANCE,Taxation,1979-02-09T00:00:00Z,1980-10-01T00:00:00Z,France,"ESTATE TAX, FRANCE, GIFT TAX, INHERITANCE TAX, TAX, TAXATION", 96-11,96,11,PROTOCOL TO THE 1967 INCOME TAX CONVENTION WITH FRANCEAS AMENDED IN 1970,Taxation,1979-02-09T00:00:00Z,,France,"FRANCE, INCOME TAX, PROPERTY TAX, TAX, TAX CONVENTION PROTOCOL, TAXATION", 96-9,96,9,AMENDMENTS TO THE CONVENTION ON THE PREVENTION OF MARINE POLLUTION BY DUMPING OF WASTES AND OTHER MATTER,Shipping and Marine Pollution,1979-02-06T00:00:00Z,,,"DUMPING OF WASTES AND OTHER MATTER, MARINE POLLUTION, MARINE POLLUTION PREVENTION AMENDMENTS, PREVENTION OF MARINE POLLUTION", 96-4,96,4,1978 PROTOCOL RELATING TO THE 1974 INTERNATIONAL CONVENTION FOR THE SAFETY OF LIFE AT SEA,Shipping and Marine Pollution,1979-01-23T00:00:00Z,1981-05-01T00:00:00Z,,"SAFETY OF LIFE AT SEA, SOLAS PROTOCOL", 96-1,96,1,EXTRADITION TREATY WITH THE FEDERAL REPUBLIC OF GERMANY,Extradition and Criminal Assistance,1979-01-19T00:00:00Z,1980-08-29T00:00:00Z,Germany,"96-1, EXTRADITION, FEDERAL REPUBLIC OF GERNMANY, GERMANY, TIAS 11094", 96-2,96,2,AGREEMENT ON THE INTERNATIONAL CARRIAGE OF PERISHABLE FOODSTUFFS,Commercial,1979-01-19T00:00:00Z,,,"96-2, CARRIAGE OF PERISHABLE FOODSTUFFS, FOODSTUFFS, PERISHABLE FOODSTUFFS, TIAS 11080", 96-3,96,3,1978 PROTOCOL RELATING TO THE INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION FROM SHIPS,Shipping and Marine Pollution,1979-01-19T00:00:00Z,,,"MARPOL PROTOCOL, POLLUTION, POLLUTION FROM SHIPS, PREVENTION OF POLLUTION FROM SHIPS, SHIP POLLUTION, SHIPS", 96-5,96,5,REVISED NICE AGREEMENT CONCERNING THE INTERNATIONAL CLASSIFICATION OF GOODS AND SERVICES FOR THE PURPOSE OF THE REGISTRATION OF MARKS,Commercial,1979-01-19T00:00:00Z,,,"CLASSIFICATION OF GOODS AND SERVICES, MARKS, NICE AGREEMENT, REGISTRATION OF MARKS, REVISED NICE AGREEMENT", 96-6,96,6,MARITIME BOUNDARY TREATY WITH MEXICO,Maritime Boundaries and Claims,1979-01-19T00:00:00Z,,Mexico,"96-6, MARITIME BOUNDARIES, MEXICO, T.DOC. 96-6","TEXT OF RESOLUTION OF ADVICE AND CONSENT TO RATIFICATION AS REPORTED BY THE COMMITTEE ON FOREIGN RELATIONS AND APPROVED BY THE SENATE: Resolved, (two-thirds of the Senators present concurring therein), That the Senate advise and consent to the ratification of the Treaty on Maritime Boundaries between the United States of America and the United Mexican States, signed at Mexico City on May 4, 1978 (Ex. F, 96-1), subject to the declaration of subsection (a), and the proviso of subsection (b). (a) DECLARATION.-- The Senate's advice and consent is subject to the following declaration, which shall be binding on the President: (1) TREATY INTERPRETATION.--The Senate affirms the applicabilityto all treaties of the constitutionally based principles of treaty interpretation set forth in Condition (1) of the resolution of ratification of the INF Treaty, approved by the Senate on May 27, 1988, and Condition (8) of theresolution of ratification of the Document Agreed Among the States Parties to the Treaty on Conventional Armed Forces in Europe, approved by the Senate on May14, 1997. (b) PROVISO.--The resolution of ratification is subject to the following proviso, which shall be binding on the President: (1) SUPREMACY OF THE CONSTITUTION.--Nothing in the Treaty requires or authorizes legislation or other action by the United States of America that is prohibited by the Constitution of the United States as interpreted by the United States.
" 96-7,96,7,MARITIME BOUNDARY TREATY WITH VENEZUELA,Maritime Boundaries and Claims,1979-01-19T00:00:00Z,1980-11-24T00:00:00Z,Venezuela,"MARITIME BOUNDARIES, MARITIME BOUNDARY TREATY, VENEZUELA", 96-8,96,8,MARITIME BOUNDARY TREATY WITH CUBA,Maritime Boundaries and Claims,1979-01-19T00:00:00Z,,Cuba,"96-8, CUBA, MARITIME BOUNDARIES, MARITIME BOUNDARY AGREEMENT, T.DOC. 96-8",