Temporary Special Measures

Article 4(1) UN Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) deals with temporary special (affirmative action) measures aimed at accelerating de facto equality between men and women.
Author(s):
Ineke Boerefijn, Fons Coomans, Jenny E. Goldschmidt, Rikki Holtmaat, Ria Wolleswinkel
Series:
Maastricht Series in Human Rights
Volume:
book | published | 1st edition
November 2003 | xiv + 258 pp.

Paperback
€56.50


ISBN 9789050953597

Details

Article 4(1) UN Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) deals with temporary special (affirmative action) measures aimed at accelerating de facto equality between men and women. With a view to support the CEDAW Committee in the process of drafting a General Recommendation to Article 4(1) and in consultation with the Committee members, an expert seminar on this topic was organised in Maastricht, the Netherlands, in October 2002. The meeting brought together highly qualified experts on the subject of affirmative action from a variety of legal cultures, academic backgrounds and non-governmental organisations. The aim of the meeting was threefold: to provide input for the CEDAW Committee; stimulate the legal debate on the issue of temporary special measures; and contribute towards the promotion of positive action measures in the Netherlands. This volume contains the revised papers and comments that were presented at the meeting. Also included is the report on the seminar with a number of concrete suggestions for a General Recommendation to Article 4(1).

Chapters

Table of Contents (p. 0)

Introduction (p. 1)

PART I. GENERAL ISSUES

Opening of the Seminar (p. 9)

Reflections on a General Recommendation on Article 4(1) of the Convention on the Elimination of All Forms of Discrimination Against Women (p. 15)

Systematizing the Application of Different Types of Temporary Special Measures under Article 4 of CEDAW (p. 35)

The Practical Relevance of Article 4 CEDAW with Particular Attention for Articles 11, 13 and 14 (p. 45)

What Could the European Union learn from the CEDAW Convention (p. 51)

PART II. CONCEPTUAL ISSUES

The Concept and Practice of Affirmative Action (p. 63)

The Practice of Affirmative Action Policies: Explaining Resistances and How These Affect Results (p. 75)

Temporary Special Measures: How Long is Temporary and What is Special? (p. 97)

Beyond the Dichotomy of Formal and Substantive Equality: Towards a New Definition of Equal Rights (p. 111)

Obligations to Adopt Temporary Special Measures Under the Convention on the Elimination of All Forms of Discrimination Against Women (p. 119)

Affirmative Action. Comments on Professor Cook’s paper (p. 143)

PART III. SUBSTANTIVE RIGHTS

Rights-Based Education as Pathway to Gender Equality (p. 149)

Rights-Based Education to Gender Equality Comments on the Contribution by Katarina Tomasevski (p. 173)

The Meaning of Article 4(1) of the UN Convention on the Elimination of All Forms of Discrimination Against Women: a South African (p. 181)

Women’s Participation in Political and Public Life: a Key to the Advancement of Women. Comments on Justice S. Ngcobo’s paper (p. 203)

ANNEX

Building Blocks for a General Recommendation on Article 4(1) of the CEDAW Convention. Report of the Expert Meeting in Maastricht (Valkenburg) 10-12 October 2002 (p. 211)

Committee’s Approach to Article 4, Paragraph 1 of the Convention. UN Nations doc. CEDAW/C/2001/II/5. Convention on the Elimination of All Forms of Discrimination against Women (p. 231)

0

List of Contributors (p. 253)

Participants Seminar on Article 4(1) CEDAW, Maastricht/Valkenburg, The Netherlands, 10-13 October 2002 (p. 257)

About the series:

Maastricht Series in Human Rights

The Maastricht Series in Human Rights facilitates and supports research in the field of human rights at the Maastricht Centre for Human Rights of Maastricht University’s Faculty of Law. The research is interdisciplinary, with a focus on public international law, criminal law and social sciences.

Volume in the series have been peer reviewed under the responsibility of the Board of the Centre. The Series is published under the editorial supervision of Professor Menno Kamminga and Professor Fons Coomans.

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