Direct
and Indirect Discrimination
The CEDAW
Convention's includes both direct (intended) and indirect (unintended)
discrimination. From the outset, Article 1 states that discrimination
occurs when the distinction, exclusion or restriction made on
the basis of sex has the "intention" or "effect"
of nullifying or impairing the recognition, enjoyment or exercise
by women of their rights.
Women as
compared to men face many obstacles sanctioned by culture and
religious practice and by entrenched male interests in key institutions
such as political parties, trade unions, religious institutions
and the courts; hence, neutral rules or laws may disadvantage
them. Not putting in place enabling conditions nor altering
rules to enable women to access their rights and opportunities
is considered discrimination under the CEDAW Convention, because
of its discriminatory effects even if such was unintentional.
-
Direct
discrimination
E.g. (1) A clause in the contract that employer can terminate
employment if employee becomes pregnant. (2) A company policy
of hiring only men.
-
Direct
discrimination
E.g. (1) An aquaculture project in Bangladesh was found to
discriminate against women because it required that all participants
own ponds. Since women did not inherit their parents' property
or those who did, did not have access to the pond as they
had moved to their husband's villages, they could not participate
in the project. (2) In Australia, women retrenched from a
steel mill because of the ruling "last hired, first retrenched"
filed a case of discrimination successfully. While it is true
that the women concerned were hired last, the fact was that
the mill had a discriminatory policy several years previously
of not recruiting women as it was considered inappropriate
for women to work in steel mills. The fact women were last
to be hired was the consequence of this historic discrimination,
hence applying the rule of "last hired, first retrenched"
in the case of these women was considered to be discriminatory
against them although it was unintentional.
This
page was last updated on November 1, 2003
“IWRAW
Asia Pacific is an independent, non-profit, NGO in Special consultative
status with the Economic and Social Council of the United Nations.”
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