Temporary Special Measures


Book Description

Revised papers en comments that were presented at the meeting organised in Maastricht, in October 2002. The aim of the meeting was threefold: to provide input for the CEDAW Committee; stimulate the legal debate on the issue of temporary measures; and contribute towards the promotion of positive action measures in the Netherlands.




Temporary Special Measures


Book Description




Guidance Note: Gender and Law


Book Description

Nearly all developing member countries (DMCs) of the Asian Development Bank (ADB) have adopted laws and policies to promote gender equality. However, there is often a reluctance to operationalize these, and/or a lack of knowledge of the appropriate mechanisms. This publication presents a case for the use of temporary special measures as a mechanism to correct gender imbalances and accelerate progress toward gender equality goals. Temporary special measures are a set of proactive measures that include gender-inclusive design features, quotas, and targets in ADB projects. This note is designed to increase understanding of the legal obligations of DMCs to achieve gender equality, and what this means for designing and implementing ADB projects.







The Un Convention on the Elimination of All Forms of Discrimination Against Women and Its Optional Protocol


Book Description

This volume is the fully revised and updated version of the first comprehensive commentary on the Convention on the Elimination of All Forms of Discrimination against Women and its Optional Protocol. It reflects the developments during the decade following the publication of the first edition in 2012, which has also seen a notable rise in individual complaints (more than 85), ten new General Recommendations, and six new inquiry procedures as well as numerous statements, partly in conjunction with other UN human rights bodies. The Convention is a key international human rights instrument and the only one exclusively addressed to women. It has been described as the United Nations' 'landmark treaty in the struggle for women's rights'. At a time when the backlash against women's human rights and the concept of gender-based discrimination is increasingly challenged by governments and powerful societal actors, the Commentary is an important instrument to hold all state powers to account on their international obligations under the Convention. The Commentary analyses the interpretation of the Convention through the work of its monitoring body, the Committee on the Elimination of Discrimination against Women. It comprises detailed analyses of the Preamble and each article of the Convention and of the Optional Protocol, including a separate chapter on the cross-cutting substantive issue of violence against women. The sources relied on are the treaty language and the general recommendations, concluding observations, and case law under the Optional Protocol (individual complaints and inquiries), through which the Committee has interpreted and applied the Convention. Each chapter is self-contained, but the Commentary is conceived of as an integral whole. The book also includes an introduction which provides an overview of the Convention and its embedding in the international law of human rights as well as the most recent challenges to women's human rights worldwide.







The UN Convention on the Elimination of All Forms of Discrimination Against Women


Book Description

This is the first commentary on the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), analyzing the Convention article by article. Each chapter provides an overview of an article's negotiating history, interpretation, and all the relevant case law, including decisions and recommendations by the CEDAW Committee.




Achieving de facto gender equality in land, forest and fisheries tenure


Book Description

This legal paper first considers the obligations of states in relation to gender equality and the adoption of temporary special measures, and the work of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) Committee in clarifying and expanding the concept of temporary special measures. In particular, it shows how the General Recommendations of the Committee have established a clear link between temporary special measures and the achievement of gender equality in the ownership and control of natural resources. It explores a range of national approaches to the use of temporary special measures in legislation, from constitutional recognition, the adoption of framework laws on gender equality and non-discrimination, to their integration into sectoral legislation applicable to land, forests and fisheries. The section highlights some of the measures that countries have adopted to show how their inclusion into sectoral legislation can effectively target de facto inequalities in tenure rights over some key economic resources. It discusses state compliance with CEDAW’s Articles 3 and 4 and shows that generally, countries should make more systematic use of this tool to bridge the gender gap in land, forest and fisheries tenure. Finally, it considers the role of development partners in supporting the adoption of temporary special measures, including through data collection.




The Convention on the Elimination of All Forms of Discrimination Against Women and Its Optional Protocol


Book Description

The Convention was adopted by the UN's General Assembly in 1979 and entered into force in 1981. It amplifies some of the existing provisions of the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights. Its provisions include obligations for states to pursue policies for eliminating discrimination against women in the areas of government, nationality, access to education and employment opportunities, health care and equality before the law. As of December 2002, the Convention had 170 ratifications.




The Circle of Empowerment


Book Description

Essays and personal reflections from former and current CEDAW committee members on discrimination against women.