Past
and Present Discrimination
The CEDAW
Convention also recognises not only current discrimination but
also historic or past discrimination, its variations and results.
This is also commonly referred to as structural discrimination.
Where a
previous policy or practice has resulted in entrenched, accepted
or structured discrimination against women, it is recognised
that measures must be taken to address the inherent disadvantage
that results.
-
E.g.
Women in a company X had not been promoted to management positions
as a matter of policy. As a consequence of the policy, women
had not been provided opportunities to gain the required experience
to be eligible to apply to senior positions. For this reason,
even after the policy was removed and there was no longer
any formal barrier to appointing women to senior-level posts,
women that had been working in the same company for more than
10 years were not eligible for promotion.
-
E.g.
A 33% reservation in favor of women was made for elected local
government posts. Despite this, there were few women candidates
and thus, they were unable to fill in the whole 33%. Some
of the reasons were: (a) Institutions, such as, political
parties did not provide spaces for women in their lists of
candidates; (b) no financial support were provided to women
who wish to run for elections when the social practice prohibits
women from owning property and thus making it difficult for
women to fund their own candidacy; (c) the constituency refused
to see women as serious contenders and (d) past exclusion
from politics has effects on some women's self confidence
to engage in the political process.
In such
situations, corrective measures aimed at addressing the effect
of past discrimination that places women at a disadvantage must
be enacted and implemented. This is why, understanding the Article
4 of the CEDAW Convention is also important. Click here
for "Permitted Distinctions: When is it not discrimination?"
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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