[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.
____________________