treaties: 96-53
This data as json
| id | congress | number | title | topic | transmitted_date | in_force_date | countries | index_terms | resolution_text |
|---|---|---|---|---|---|---|---|---|---|
| 96-53 | 96 | 53 | Convention on the Elimination of All Forms of Discrimination Against Women | Human Rights | 1980-11-12T00:00:00Z | 96-53, DISCRIMINATION, DISCRIMINATION AGAINST WOMEN, ELIMINATION OF DISCRIMINATION, HUMAN RIGHTS, T.DOC. 96-53, UNITED NATIONS, WOMEN | <!DOCTYPE html><html xmlns="http://www.w3.org/1999/xhtml" lang="en"><head><meta name="dc:title" content="[107] TreatyRes. 13 for Treaty Doc. 96 - 53" /><meta name="Content-Type" content="application/rtf" /><title>[107] TreatyRes. 13 for Treaty Doc. 96 - 53</title></head><body><p><b>As recommended by the Committee on Foreign Relations:</b></p><p><i>Resolved (two-thirds of the Senators present concurring therein),</i></p><p></p><p>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.</p><p> 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. </p><p>Section 2. Reservations. </p><p> The advice and consent of the Senate is subject to the following reservations, which shall be included in the instrument of ratification:</p><p>(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.</p><p>(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.</p><p>(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.</p><p>(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.</p><p>Section 3. Understandings.</p><p> The advice and consent of the Senate is subject to the following understandings, which shall be included in the instrument of ratification:</p><p>(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.</p><p>(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.</p><p>(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.</p><p>(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.</p><p>(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.</p><p>Section 4. Declarations.</p><p> The advice and consent of the Senate is subject to the following declarations:</p><p>(1) The United States declares that, for purposes of its domestic law, the provisions of the Convention are non-self-executing.</p><p>(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.</p><p></p></body></html> |
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