[Congressional Record Volume 148, Number 112 (Monday, September 9, 2002)]
[Senate]
[Pages S8383-S8384]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                     EXECUTIVE REPORT OF COMMITTEE

  The following executive report of committee was submitted on 
September 6, 2002 under the authority of an order of the Senate of 
September 5, 2002:
      By Mr. BIDEN, from the Committee on Foreign Relations:
       Treaty Doc. 96-53 CONVENTION OF THE ELIMINATION OF ALL 
     FORMS OF DISCRIMINATION AGAINST WOMEN (Exec. Rept. No. 107-9)

       (Text of Committee Recommended Resolution of Ratification

       Resolved (two-thirds of the Senators present concurring 
     therein),
       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.
       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.
       Section 2. Reservations.
       The advice and consent of the Senate is subject to the 
     following reservations, which shall be included in the 
     instrument of ratification:
       (1) The Constitution and laws of the United States 
     establish extensive protections against discrimination 
     reaching all forms of

[[Page S8384]]

     governmental activity as well as significant area 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) 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) 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) 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.
       Section 3. Understandings.
       The advice and consent of the Senate is subject to the 
     following understandings, which shall be included in the 
     instrument of ratification:
       (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.
       (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.
       (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.
       (4) Noting 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.
       (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.
       Section 4. Declarations.
       The advice and consent of the Senate is subject to the 
     following declarations:
       (1) The United States declares that, for purposes of its 
     domestic law, the provisions of the Convention are non-self-
     executing.
       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.

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