138. Presentation of the Federal Chancellor concerning the scope of the Convention on the Elimination of All Forms of Discrimination against Women

According to the Communications of the Secretary-General of the United Nations, the following States have ratified their instruments of ratification. Accession document to the Convention on the Elimination of All Forms of Discrimination against Women (BGBl. No 443/1982, last proclamation of the BGBl area. III No 162/2005):

States:	Date of deposit of the Ratifications and/or Certificate of Accession:
Brunei Darussalam	24 May 2006
Cook Islands	11. August 2006
Marshal Islands	2 March 2006
Oman	7 February 2006

On the occasion of the deposit of their instrument of accession, the following states have declared the following reservations:

Brunei Darussalam:

The Government of Brunei Darussalam expresses its reservations about the provisions of the Convention, which are contrary to the Constitution of Brunei Darussalam and to the views and principles of Islam, the official religion of Brunei Darussalam can be, and declares reservations about Article 9 (2) and Art. 29 (1) of the Convention.

Cook Islands:

Reservations:

The Government of the Cook Islands reserves the right to the provisions of Article 11 (2) lit. b do not apply.

The Government of the Cook Islands reserves the right not to apply the provisions of the Convention if they are incompatible with the political lines in connection with recruitment or service:

a)		in the case of the armed forces, which either directly or indirectly reflects the fact that their members have to provide their service on aircraft or ships involved in armed conflict; or
b)		in the case of the police, which either directly or indirectly reflects the fact that their members must provide their service in situations that involve violence or the threat of violence.

The Government of the Cook Islands reserves the right, Art. 2 lit. f and Art. 5 lit. (a) shall not apply if the customs which are customary in the inheritance of certain titles are incompatible with those provisions.

Oman:

Reservations:

1.		All provisions of the Convention, which do not comply with the provisions of the Islamic Sharia and with the legislation in force in Oman;
2.		Under Article 9 (2), which provides that States Parties shall grant women the same rights as men with regard to their children's nationality;
3.		Article 15 (4), which provides that States Parties shall grant men and women the same rights under the legislation on freedom of movement and the free choice of their place of residence and residence;
4.		On Article 16 on equality between men and women, and in particular (a), (c) and (f) (concerning adoption);
5.		The Sultanate does not consider itself bound by Article 29 (1) concerning arbitration proceedings and the referral to the International Court of Justice of any dispute between two or more States which cannot be settled in the negotiation path.

In addition, the following States shall have the following states on the occasion of the deposit of their instruments of ratification or Instrument of accession declared reservations or , in part or in whole, or changed:

Australia:

The Government of Australia hereby prefers that part of the reservation made on the occasion of ratification. 1 , which we follow, back:

" The Government of Australia states that it will not carry out the Convention in so far as it would require a change in the policy on the defence forces, which the woman of the fight and the tasks related to the fight against . The Government of Australia is in the process of this policy for the purpose of a more precise definition of the terms ' Fight ' and ' tasks related to the fight. "

On 30 August 2000, the Secretary-General also received the following reservation:

"The Government of Australia states that it will not carry out the Convention in so far as it would require a change in the policy on the defence forces that excludes the woman from the fight."

Bangladesh:

On 23 July 1997, the Government of the People's Republic of Bangladesh informed the Secretary-General of its decision to withdraw the reservations made on the occasion of accession. 1 pursuant to Art. 13 lit. a and Art. 16 para. 1 lit. c and f to withdraw.

Belgium:

On 14 September 1998 and 8 July 2002, the Government of Belgium informed the Secretary-General of its decision to reserve the reservations expressed on the occasion of ratification. 2 on Articles 7 and 15 (2) and (3).

Brazil:

On 20 December 1994, the Government of Brazil informed the Secretary-General of its decision to conclude the following declaration on the occasion of the signature and confirmed in the course of ratification. 2 to withdraw:

"The Government of the Federative Republic of Brazil hereby declares its reservations regarding Article 15 (4) and Article 16 (1) (a), (c), (g) and (h) of the Convention on the Elimination of All Forms of Discrimination against Women."

China 3 :

On the occasion of the acquisition of sovereignty over Hong Kong, China informed the Secretary-General on 10 June 1997 that the Convention with the reservation declared by China will also apply to the Hong Kong Special Administrative Region.

The Chinese Government's communication also contained the following statements:

-		The Government of the People's Republic of China, on behalf of the Hong Kong Special Administrative Region, considers that, in the light of the definition contained in Article 1 of the Convention, the main purpose of the Convention is to eliminate discrimination against women in accordance with their terms and conditions. The special administrative region of the Convention is not subject to any obligation, any existing laws, regulations, customs or practices which provide for women to be treated more favourably than men, either temporarily or temporarily. in the long term, repeal or change. Pledges of the Government of the People's Republic of China for the Hong Kong Special Administrative Region pursuant to Article 4 (1) and other provisions of the Convention shall be interpreted in this respect.
-		The Government of the People's Republic of China reserves the right for the Special Administrative Region of Hong Kong to enter into the immigration laws governing entry into, stay in and exit from the Hong Kong Special Administrative Region. shall continue to be applied, as may be necessary from time to time. The adoption of Article 15 (4) and the other provisions of the Convention takes place with regard to persons who, under the laws of the Hong Kong Special Administrative Region, do not have the right to enter and stay in the Hong Kong Special Administrative Region, subject to these laws.
-		The Government of the People's Republic of China is of the opinion, in the light of the definition contained in Article 1, that none of its obligations under the Convention on matters of religious confession or religious order in the People's Republic of China are Hong Kong Special Administrative Region.
-		The laws in force in the new territories of the Hong Kong Special Administrative Region, which confer rights on male and female villagers in respect of property and on the rights of natives or their legal followers from the male Line possessed land or property lease and rental concessions will continue to be applied.
-		The Government of the People's Republic of China reserves the right for the Special Administrative Region of Hong Kong to comply with all its statutory and other provisions on pensions, which include age-related pensions, social benefits at survivors (including the For reasons of rationalisation), whether they come from the social security system or not, apply.

This reservation is also applicable to future laws which amend or replace the latter laws or regulations of the pension scheme, with the understanding that such laws are subject to the obligations of the People's Republic of China under the Convention be compatible with the Hong Kong Special Administrative Region.

The Government of the People's Republic of China reserves the right, in the case of the Hong Kong Special Administrative Region, to apply the provisions of Article 11 (2) of the Convention to the requirement of non-discrimination during the trial period of a to apply the employment relationship.

-		The Government of the People's Republic of China takes the view, on behalf of the Hong Kong Special Administrative Region, that it is the intention of Article 15 (3) of the Convention that only those provisions and elements of the Treaty or of the other private A certificate which is discriminatory, void, but not necessarily the entire contract or the entire document.

The Government of the People's Republic of China also takes over the sovereignty over Macao with effect from 20 December 1999. In this context, the Government of the People's Republic of China shall inform the Secretary-General of:

The reservation made by the Government of the People's Republic of China on Article 29 (1) to the Convention will also be applied to the Macao Special Administrative Region.

The Government of the People's Republic of China is responsible for the international rights and obligations arising from the application of the Convention to the Special Administrative Region of Macao.

Germany:

On 10 December 2001 the Government of Germany informed the Secretary-General of the following reservation declared at the time of ratification. 2 to withdraw:

" Art. 7 (b) shall not be applied to an extent contrary to the second sentence of Art. 12a (4) of the Basic Law of the Federal Republic of Germany. According to this provision of the Constitution, women cannot, in any case, afford a service that includes weapons use. "

France:

On 22 December 2003, the Government of France informed the Secretary-General of the reservation declared on the occasion of ratification. 1 to Art. 5 lit. b and Art. 16 para. 1 lit. d to withdraw.

Ireland:

On 24 March 2000, the Government of Ireland informed the Secretary-General of its decision to declare the reservation declared on the occasion of accession. 4 on Article 15 (3). Furthermore, on 11 June 2004, the Government of Ireland withdrew the following reservation on the occasion of the accession. 4 to Art. 13 lit. b and c back:

" The question of complementing the equality guarantee provided for in the Irish Constitution by special legislation on access to credit and other services and leisure activities, provided that they are provided by private persons, organisations or companies are currently being offered, is being examined. Ireland reserves the right to take the legislation in force in this area as appropriate in order to achieve the objectives of the Convention in Ireland. '

Jamaica:

The Government of Jamaica informed the Secretary-General on 8 September 1995 of its decision to ratify the reservation declared on the occasion of ratification. 1 on Article 9 (2).

Republic of Korea:

On 24 August 1999, the Government of the Republic of Korea informed the Secretary-General of its decision to declare the reservation declared on the occasion of ratification. 1 to Article 9.

Kuwait:

On 9 December 2005, the Government of Kuwait informed the Secretary-General of its decision to declare the reservation declared on the occasion of accession. 5 to Art. 7 lit. a to withdraw.

Libyan Arab Jamahiriya:

On 5 July 1995 the Government of the Socialist People's Republic of the Libyan People's Republic informed the Secretary-General of the reformulation of its reservation 6 on the Convention containing the wording contained in the instrument of accession, which reads as follows:

"Accession shall be subject to the general reservation that such accession shall not be in conflict with the right of the Islamic Sharia to apply."

Maldives:

Reservations:

1.		The Government of the Republic of Maldives declares a reservation on Art. 7 lit. a of the Convention, since the provision of this paragraph does not coincide with Article 34 of the Constitution of the Republic of Maldives.
2.		The Government of the Republic of Maldives reserves the right to apply Article 16 of the Convention on equality between men and women in all matters relating to marriage and the family, with a view to the provisions of the Islamic Sharia, which regulates all marriage and family relations of the 100% Muslim population of the Maldives.

Mauritius:

On 5 May 1998, the Government of Mauritius informed the Secretary-General of its decision to take account of the reservations expressed at the time of accession. 1 Article 11 (1) (lit). b and d and Art. 16 para. 1 lit. g to withdraw.

New Zealand:

Withdrawal of the reservation 1 on Article 11 (2) (lit). (b) with effect from 5 September 2003 with regard to the motherland. This withdrawal shall not extend to this area until a corresponding further statement by the Government of New Zealand after consultations with Tokelau.

Poland:

The Government of Poland informed the Secretary-General of the 16. October 1997, its decision, the reservation declared on the occasion of the ratification 3 on Article 29 (1).

Romania:

On 2 April 1997, the Government of Romania informed the Secretary-General of its decision to ratify the reservation declared on the occasion of ratification. 3 on Art. 29.

Thailand:

On 1 August 1996, the Government of Thailand informed the Secretary-General of its decision by the same date to declare the reservation declared on the occasion of accession to the Convention. 2 , which reads as follows:

, 1. In all the questions relating to national security, the maintenance of public order, public services or the use of questions relating to the armed forces or paramilitary forces, the Royal Thai Government reserves the right to: Right to apply the provisions of the Convention on the Elimination of All Forms of Discrimination against Women, in particular Articles 7 and 10 thereof, only within the limits drawn up by national laws, regulations and exercises. "

Turkey:

The Government of the Republic of Turkey has decided that the reservations declared at the time of the signature and confirmed at the time of ratification have been expressed. 4 on the Convention relating to Article 15 (2) and (4) and Article 16 (1) (c), (d), (f) and (g) to be withdrawn.

The reservation and the declaration made on the occasion of the signing of the Convention and confirmed on the occasion of ratification shall continue to be applied with regard to Article 29 (1) and Article 9 (1) of the Convention.

United Kingdom:

4. In 1995, the Government of the United Kingdom of Great Britain and Northern Ireland informed the Secretary-General of its decision to reserve the following reservations at the time of ratification. 7 and to withdraw explanations:

Explanation:

" The United Kingdom declares that, in the event of a contradiction between the obligations under the Convention and its obligations under the Convention on the use of women in mines, the United Kingdom of any kind (ILO Convention No 45) have given priority to the provisions of the last-mentioned Convention. "

Reservation:

Article 13

The United Kingdom reserves the right to do so, without prejudice to the provisions of Article 13 or continue to apply the Income Tax Act and the Capital Gains Tax Act under each other relevant article of this Convention, according to which:

i)		for tax reasons, the income of a married woman who has a common household with her husband, in relation to the tax assessment for the period of one year or more. of a part of a year as the income of her husband and not as her own income (subject to the right of the spouses to jointly decide that the income of the woman is taxed as if it were a alone standing woman with no other income); and
ii)		the husband for the tax on such income and taxable profits accruing to such a married woman is assessed (subject to the right of each one of them to have a separate tax assessment on the tax on the income of the married woman). ) and consequently (if such a request is not made) only the husband has the right to appeal against such an apportionment and to be heard in this case, or to be represented at the hearing on such an objection; and
iii)		the husband who has a common household with his wife, or whose wife is wholly entertained by him, who has the right to depart for the year of assessment an amount equal to his total income of the person who can be deposed by natural persons in any other case, the sum of which is greater than and natural person whose total income includes any income of his wife, who has the right to have that deducted amount by the amount of that income, or by a legally fixed amount, the amount of which is less significant.

On 22 March 1996, the Government of the United Kingdom of Great Britain and Northern Ireland informed the Secretary-General of its decision to reserve the following reservations on the occasion of ratification. 7 and to withdraw explanations:

(b)		The United Kingdom reserves the right to apply the provisions of the Act on Discrimination under the Act of 1975, the Employment Protection Act of 1978, the Labour Code of 1980, to the Regulation on the Discrimination on the grounds of sex (Northern Ireland) of 1976, the Social Partnership Regulation (No 2) (Northern Ireland) of 1976, the Social Partnership Regulation (Northern Ireland) of 1982, the Act on equal pay of 1970 (as amended) and the Law on Equal pay (Northern Ireland) of 1970 (as amended), , including the exceptions and exemptions contained in those laws and regulations, as appropriate measures for the effective achievement of the objectives of this Convention in the light of the social and economic situation prevailing in the United Kingdom, and the economic situation and, in accordance with these provisions, ; this reservation shall also apply to all future laws which amend or replace the laws and regulations mentioned above, provided that the provisions of these laws comply with the obligations imposed by the United States of America and the United States of America. Kingdom under this Convention has been agreed. "

Article 1

With reference to the provisions of the Act on Discrimination on the basis of the 1975 sex and to other corresponding laws, the United Kingdom takes the Article 1 only subject to the proviso that the text, no equal to which, " Not to be interpreted as meaning that any differences in the treatment of persons standing alone and of married persons shall be deemed to be discriminatory, as long as the equal treatment of married men and married women as well as men and women standing alone, is.

Article 2

In view of the considerable progress already made in the United Kingdom with regard to the promotion of the progressive elimination of discrimination against women, the United Kingdom reserves the right to do so, without prejudice to the Other reservations on the part of the United Kingdom lit. f and g, by examining those laws and regulations which still contain significant differences in the treatment of men and women, with the intention of amending those laws and regulations, provided that such laws and regulations are not agree on fundamental and priority economic policy considerations. With regard to those types of discrimination which are prohibited by other provisions of the Convention, the commitments entered into under this Article shall be (in the case of the United Kingdom) in connection with the other reserves declared in respect of these provisions, or , including the declarations and reservations contained in paragraphs (a) to (d) above.

In relation to lit. (f) and (g) of this article the United Kingdom reserves the right to continue to apply its law in relation to sex crimes and prostitution; this reservation shall apply equally to any future legislation that will amend it or replace.

Article 9

The United Kingdom reserves the right to take such steps as may be required under Article 2 of the first Additional Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms, signed in Paris on 20 November 2008. On 19 December 1966, and under Article 13 (3) of the International Covenant on Economic, Social and Cultural Rights, on 19 December 1966, the International Covenant on Economic, Social and Cultural Rights, adopted commitments to the extent that, in accordance with these provisions, the Provisions on the freedom of parents, for the education of their children, the appropriate school, the United Kingdom reserves the right not to take any action contrary to its obligation under Article 13 (4) of the said Covenant, under which the The freedom of natural and legal persons to create and guide educational institutions, provided that certain principles and standards are respected, must not be affected.

In addition, the United Kingdom may be that under Art. 10 lit. c only assume commitments under the central government's legal authority, as the preparation of curricula, as well as the provision of textbooks and teaching methods, fall within the competence of local authorities; and are not to be approved by the central government; furthermore, the adoption of the objective to promote co-production, without prejudice to the right of the United Kingdom, also to promote other types of education shall be carried out.

Article 11

The United Kingdom understands the provisions of paragraph 1 (1). a contained expression, "right to work" as a reference to the expression, "right to work", as it is in other human rights instruments, mainly in Article 6 of the International Covenant on Economic, Social and Cultural Rights of 19. December 1966-the United Kingdom is a Contracting Party.

The United Kingdom submits paragraph 1 of Article 11, taking into account the provisions of Article 4 (2), to the effect that it prohibitions, restrictions or conditions relating to the employment of women in certain areas, or in respect of the work they do not preclude in such cases where this appears necessary or desirable in order to protect the health and safety of women and the human foetus; this also applies to prohibitions, restrictions or conditions imposed on the United Kingdom as a result of other international commitments entered into by the United Kingdom;

The United Kingdom reserves the right to apply the following legal provisions of the United Kingdom with regard to the benefits listed below:

a)		Social security benefits to persons who provide for a severely disabled person, in accordance with Section 37 of the Social Security Act 1975 and Section 37 of the Social Security Act 1975;
c)		old-age pensions and survivors ' benefits in accordance with the laws on social security from 1975 to 1982 and the laws on social security (Northern Ireland) from 1975 to 1982;
d)		Household income allowances in accordance with the Law on Household Income Allowances of 1970 and the Law on Household Income Allowances (Northern Ireland) of 1971.

This reservation shall apply equally to all future laws which amend or replace any of the provisions contained in the above mentioned sections a to d, provided that the provisions of these laws comply with the provisions of the commitments made under this Convention by the United Kingdom.

Article 15

With regard to Article 15 (2), the United Kingdom assumes that the expression, "legal capacity" means merely the existence of an independent and separate legal personality.

Article 16

The adoption of Article 16 (1) by the United Kingdom shall not be interpreted as limiting either the right of a person to dispose of his or her assets, or the right of a person to a fortune, to the extent that: The subject matter of such a restriction.

On 6 June 2005, the Government of the United Kingdom of Great Britain and Northern Ireland informed the Secretary-General of its decision to reserve the following reservations at the time of ratification. 7 to change:

The government of the United Kingdom wants to see A (c) of their reservation shall delete the following words:

" the inclusion in the Armed Forces of the Crown or the service in these "

and replace it with the following words:

"any act aimed at ensuring the fighting force of the armed forces of the Crown"

The text of the statements and reservations made on behalf of the United Kingdom of Great Britain and Northern Ireland is now-adjusted-as follows:

(a)		The United Kingdom assumes that the main objective of the Convention, in accordance with the definition contained in Article 1, is to reduce discrimination against women in accordance with the provisions of this Article, and thus declares its view that it is Convention does not create any need to repeal or amend existing laws, regulations, customs or practices that require women, whether in the short or long term, to be treated with preference to men; as well as under other provisions of this Convention Obligations of the United Kingdom are to be interpreted accordingly.
(c)		With regard to the definition contained in Article 1, ratification by the United Kingdom shall be carried out on condition that none of the obligations under this Convention shall be subject to the requirements of the United Kingdom on the basis of the provisions of this Convention. Throne, the Peerswould, honorary title, social privileges or coats of arms or whose possession and use or to the affairs of religious communities or Orden or any action aimed at ensuring the fighting force of the armed forces of the Crown.
(d)		The United Kingdom reserves the right to continue to apply those immigration laws governing entry into and leaving the United Kingdom, provided that this is deemed necessary from time to time. , and accordingly, the adoption of Article 15 (4) and of the other provisions of this Convention shall be subject to the provisions of such laws in respect of persons who, according to the legal situation of the United Kingdom, are shall not have the right to enter the United Kingdom and have no right to enter the United Kingdom .

Article 9

The 1981 UK Nationality Act, which entered into force with January 1983, is based on principles which, in accordance with Article 1, of any discrimination against women in respect of the acquisition, exchange or retention of their nationality or nationality, respectively. of the nationality of their children. With the adoption of Article 9 by the United Kingdom, certain temporary or transitional provisions which remain in force after that date shall not be valid.

Article 11

The United Kingdom reserves the right to comply with all laws of the United Kingdom, as well as the rules of pension funds relating to old-age pension, survivors ' benefits and other benefits in respect of death or retirement (including forced retirement), irrespective of whether or not they are derived from a social security plan.

This reservation shall apply equally to all future laws which amend or replace these laws, or for the scheme of pension funds, provided that the provisions of these laws are compatible with the United Kingdom's obligations under this Convention.

The United Kingdom reserves the right to apply the following legal provisions of the United Kingdom with regard to the benefits listed below:

(b)		an increase in the performance of full-year family members in accordance with sections 44 to 47, 49 and 66 of the Social Security Act of 1975 and sections 44 to 47, 49 and 66 of the 1975 Social Security Act (Northern Ireland);

The United Kingdom reserves the right to apply the provisions contained in Article 11 (2) to any necessary non-discriminatory measures relating to a period of employment for employment, or To take insurance benefits.

Article 15

With regard to Article 15 (3), the United Kingdom shall assume that it is the intention of that provision, only those provisions or provisions, those parts of a contract or other private document which, within the meaning of this paragraph, are to be considered to be discriminatory, to be declared null and void, but not necessarily to the contract or to the contract. the document as a whole.

Article 16

With regard to Art. 16 (1) (lit). f considers that the United Kingdom does not consider the reference to the primacy of the interests of children as directly relevant to the elimination of discrimination against women, and in this context explains that the laws of the United Kingdom The Kingdom of the Kingdom, which deals with adoption, gives the highest priority to the promotion of the well-being of children, but does not give the same priority to the interests of children, as is the case with regard to the guardianship of children of the Case.

The Government of the United Kingdom also informed the Secretary-General, in order to avoid any doubt, that the declarations and reservations made on the occasion of the ratification of the Convention for the dependent territories, continue to be applied, but subject to review.

Cyprus:

On 28 June 2000, the Government of Cyprus informed the Secretary-General of its decision to declare the reservation declared on the occasion of accession to Article 9 (2). 2 to withdraw. The reservation is as follows:

" In the case of the deposit of this instrument of accession, the Government of the Republic of Cyprus wishes to declare a reservation in respect of the legal equality of women with men referred to in Article 9 (2) of the Convention in relation to the Nationality of their children. This reservation shall be withdrawn as soon as the relevant law has been amended. "

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