[Congressional Record Volume 140, Number 141 (Monday, October 3, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                    EXECUTIVE REPORTS OF COMMITTEES

  The following executive reports of committees were submitted:

       Mr. PELL, from the Committee on Foreign Relations, 
     submitted the following report (No. 103-38) Convention on the 
     Elimination of All forms of Discrimination Against Women to 
     accompany Executive Report 96-2:
       The Committee on Foreign Relations to which was referred 
     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, having 
     considered the same, reports favorably thereon and recommends 
     that the Senate give its advice and consent to ratification 
     thereof subject to 4 reservations, 4 understandings, and 2 
     declarations as wet forth in this report and the accompanying 
     resolution of ratification.
       Resolved, (two-thirds of the Senators present concurring 
     therein), That the Senate advise and consent 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, 
     (Executive R), subject to the following Reservations, 
     Understandings and Declarations:
       I. The Senate's advice and consent is subject to the 
     following reservations:
       (1) That 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) That 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) That 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) That 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.
       II. The Senate's advice and consent is subject to the 
     following understandings:
       (1) That 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) That 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) That 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) That 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.
       III. The Senate's advice and consent is subject to the 
     following declarations:
       (1) That the United States declares that, for purposes of 
     its domestic law, the provisions of the Convention are non-
     selfexecuting.
       (2) That with reference to Article 29(2), the United States 
     declares that it does not consider itself bound by the 
     provisions of Article 29(l). 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.

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