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Convention on the Political Rights of Women
1953 treaty on women's rights From Wikipedia, the free encyclopedia
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The Convention on the Political Rights of Women (CPRW) is a United Nations treaty establishing equal political rights for men and women. It was approved by the United Nations General Assembly during its 409th plenary meeting on 20 December 1952, in New York City.[1] The Convention was formally adopted on 31 March 1953, and entered into force on 7 July 1954.[2]
The CPRW commits member states to eliminate gender discrimination and set an international standard for women's political rights. It aims to implement principles of gender equality as outlined in the United Nations Charter, which affirms everyone's right to participate in their country's government. The Convention is also consistent with the Universal Declaration of Human Rights (1948), which emphasizes the right of all individuals to engage in public and political life.
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Background
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The movement for women's voting rights gained momentum in the 19th century, leading to a global push for women's suffrage throughout the late 19th and early 20th centuries. However, the process of securing these rights varied across countries. For instance, New Zealand granted women the right to vote in national elections in 1894, while women in the Philippines did not obtain this right until 1937.[3]
Following World War II, the establishment of the United Nations and the adoption of its Charter in 1945 brought increased attention to human rights, including women's rights.[4] The Charter aims to "affirm faith in fundamental human rights, in the dignity and worth of the human person, and in the equal rights of men and women." At the time of the UN's founding, more than half of the 51 signatory nations either restricted women's voting rights or did not permit women to vote.[5]
Parties
Signatories
Non-parties
The Universal Declaration of Human Rights declares that everyone has the right to participate in their government. One of the initial tasks of the Commission on the Status of Women was drafting the Convention on the Political Rights of Women. The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) later expanded on these earlier conventions. Article 7 of CEDAW guarantees women the right to vote in all elections and public referendums, eligibility for election to publicly elected bodies, participation in government policy formulation, and engagement with non-governmental organizations (NGOs) involved in public and political life.[2] Article 8 of CEDAW requires member states to ensure that women have equal opportunities to represent their governments internationally and participate in international organizations.
Despite the legal recognition of women's voting rights in nearly every country, practical barriers often hinder full political participation. Challenges include the absence of free and fair elections, restrictions on freedom of expression, and lack of security, which disproportionately impact women.[2] In some countries, women face difficulties registering to vote due to the absence of essential documents, such as birth certificates or identity papers, which may only be available to men. Additional obstacles include gender stereotypes, traditional societal roles, limited access to information, and insufficient resources, all of which can discourage women from exercising their voting rights. Furthermore, the structure of political parties, the high cost of running for office, and the dual burden of work and family responsibilities continue to pose barriers. Despite widespread ratification of CEDAW, women remain underrepresented at all levels of government, reflecting ongoing gender disparities in political participation.[2]
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Core Provisions
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Preamble
The preamble of the Convention reiterates the principles set out in article 21 of the Universal Declaration of Human Rights, which declares that all people have the right to participate in the government of their country, and to access public services.[6]
Articles
The first three articles of the Convention assert the rights of women to vote (Article I), to be eligible for election (II), and to hold public office (III), with each article ending with the specification: "all on equal terms with men, without any discrimination." The remaining articles cover the mechanics of the legislation itself, specifying how and when it will come into force (Articles IV–XI).[6]
Article 1 Women shall be entitled to vote in all elections on equal terms with men, without any discrimination.[6]
Definition of Discrimination: "Discrimination is any unfair treatment or arbitrary distinction based on a person’s race, sex, religion, nationality, ethnic origin, sexual orientation, disability, age, language, social origin, or other status. Discrimination may be an isolated event affecting one person or a group of persons similarly situated, or may manifest itself through harassment or abuse of authority."[7]
Article 2 (II) Women shall be eligible for election to all publicly elected bodies, established by national law, on equal terms with men, without any discrimination.[6]
Article 3 (III) Women shall be entitled to hold public office and to exercise all public functions, established by national law, on equal terms with men, without any discrimination.[6]
Article 4 (IV)
1. This Convention shall be open for signature on behalf of any Member of the United Nations and also on behalf of any other State to which an invitation has been addressed by the General Assembly.
2. This Convention shall be ratified and the instruments of ratification shall be deposited with the Secretary-General of the United Nations.[6]
Article 5 (V)
1. This Convention shall be open for accession to all States referred to in paragraph I of article IV.
2. Accession shall be effected by the deposit of an instrument of accession with the Secretary-General of the United Nations.[6]
Article 6 (VI)
1. This Convention shall come into force on the ninetieth day following the date of deposit of the sixth instrument of ratification or accession.
2. For each State ratifying or acceding to the Convention after the deposit of the sixth instrument of ratification or accession, the Convention shall enter into force on the ninetieth day after deposit by such State of its instrument of ratification or accession.[6]
Article 7 (VII) In the event that any State submits a reservation to any of the articles of this Convention at the time of signature, ratification, or accession, the Secretary-General shall communicate the text of the reservation to all States which are or may become Parties to this Convention. Any State which objects to the reservation may, within a period of ninety days from the date of the said communication (or upon the date of its becoming a Party to the Convention), notify the Secretary-General that it does not accept it. In such a case, the Convention shall not enter into force as between such State and the State making the reservation.[6]
Article 8 (VIII)
1. Any State may denounce this Convention by written notification to the Secretary-General of the United Nations. Denunciation shall take effect one year after the date of receipt of the notification by the Secretary-General.
2. This Convention shall cease to be in force as from the date when the denunciation which reduces the number of Parties to less than six becomes effective.[6]
Article 9 (IX) Any dispute which may arise between any two or more Contracting States concerning the interpretation or application of this Convention, which is not settled by negotiation, shall at the request of any one of the parties to the dispute be referred to the International Court of Justice for decision, unless they agree to another mode of settlement.[6]
Article 10 (X) The Secretary-General of the United Nations shall notify all Members of the United Nations and the non-member States contemplated in paragraph I of article IV of this Convention of the following:
(a) Signatures and instruments of ratification received in accordance with article IV;
(b) Instruments of accession received in accordance with article V;
(c) The date upon which this Convention enters into force in accordance with article VI;
(d) Communications and notifications received in accordance with article VII;
(e) Notifications of denunciation received in accordance with paragraph I of article VIII;
(f) Abrogation in accordance with paragraph 2 of article VIII.[6]
Article 11 (XI)
1. This Convention, of which the Chinese, English, French, Russian and Spanish texts shall be equally authentic, shall be deposited in the archives of the United Nations.
2. The Secretary-General of the United Nations shall transmit a certified copy to all Members of the United Nations and to the non-member States contemplated in paragraph I of article IV.[6]
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Members and Ratification
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This table shows a comprehensive list of the UN members and their status with the convention.[8]
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Reservations and Objections
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Several parties made reservations to the convention. The reservations made applied to armed, military, special corps, and defence forces, as well as articles regarding applying the provisions and disputes to the convention provisions. Some parties object to the reservations made regarding Article VII and IX.[9]
Relating to the Military
- The Government of Antigua and Barbuda reserves from applying the convention to armed forces.
- Australia reserves the application of the convention to Defence Forces.
- Denmark, Fiji, Finland, Germany, India, Mauritius, Sierra Leone and St. Vincent and the Grenadines, are subject to reservations regarding women in positions of military appointments or recruitment services.
- Italy reserves its right to apply Article III to armed forces and special armed corps, as concerned within the established limits by national legislation.
Article VII
- Albania, Belarus, Bulgaria, Hungary, Indonesia, Poland, Romania, the Russian Federation, and Yemen object to the last sentence of Article VII, which allowed the State’s objections to lead to only a partial application of the provisions made by the convention.
- Canada, China, Denmark, Ethiopia, Norway, Pakistan and Sweden object to this reservation made by Albania, Belarus, Bulgaria, Hungary, Indonesia, Poland, Romania, the Russian Federation, and Yemen concerning this article.
- The Dominican Republic objects to the reservations made by the Government of the Union of Socialist Soviet Republics concerning this article.
-The Philippines object to the reservations made by the Government of Albania.
Article IX
- Albania, Argentina, Bangladesh, Indonesia, Nepal, Tunisia, the Bolivarian Republic of Venezuela, and Yemen object to the whole of Article IX, where they defend that each dispute to Convention Provisions should be solved under the jurisdiction of the International Court of Justice.
- The Dominican Republic objects to the reservations made by the Government of the Union of Socialist Soviet Republics concerning this article.
- The Philippines object to the reservations made by the Government of Albania.
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Legacy
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In 1948, only 35 out of the 74 member states allowed women to participate in political life on an equal footing as men. By 1950, the UN reported that 22 countries still lacked systems that allowed women the right to vote or hold office. Among the countries that had implemented such systems, there was a lack of enforcement and women were subject to additional qualifications to vote, such as meeting specific age requirements or levels of education.[10] This context contributed to the adoption of the Convention on the Political Rights of Women (CPRW) entering force on 7 July 1954.[11]
The Convention followed the path of the Inter-American Convention on the Granting Political Rights to Women and was the first international legislation at the regional level protecting the equal status of women to exercise political rights. The Convention was the first treaty in the context of the United Nations.[11] Moreover, it was the second international treaty to obligate its states to protect citizens' political rights.[12] The Convention was one of the United Nations' several efforts in the postwar period to set standards of nondiscrimination against women.
The CPRW played a significant role as a precursor for reforms in countries where women's suffrage was absent. While it focused primarily on formal legal equality rather than addressing broader structural and intersectional barriers, it inspired reforms that tackled issues such as socio-economic equality and racial discrimination. [13] For example, in South America, its adoption coincided with the enactment of suffrage rights for women in countries like Paraguay and Colombia. Similarly, African and Asian countries often referenced the CPRW when incorporating provisions of political equality and voting rights into their legal system.[14] Other conventions included the Convention on the Nationality of Married Women and the Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages, brought into force in 1958 and 1964, respectively.[12]
The rights outlined by the Convention were incorporated into the later, more substantial Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW).[11] This later Convention, a wider-reaching and more straightforward legislation for nondiscrimination, was approved by unanimous vote in 1967.[12]
Despite the achievements, the CPRW faced criticism for its lack of precise definitions. Key terms such as "equal rights" and "discrimination", were poorly defined leading some countries to ratify the treaty with reservations that limited its applicability. For example, the government of Ecuador signed the convention but added the following reservation:
"The Government of Ecuador signs this Convention subject to a reservation with respect to the last phrase in article I, `without any discrimination', since article 22 of the Political Constitution of the Republic specifies that "a vote in popular elections is obligatory for a man and optional for a woman"[12]
Such reservations left room for countries to specify their conditions further, limiting the conventions application.
As of August 2015, it has 123 state parties, comprising 122 United Nations member states plus the State of Palestine.[15]
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See also
References
External links
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