Permitted
Distinctions: When is it not discrimination?
The definition
of discrimination also provides a guide for assessing when different
treatment for women is permissible. The CEDAW Convention requires
both equality of opportunity (de jure equality) and equality
of results (de facto equality). To bridge the gap between the
two, the issue of access and ability to benefit from the opportunity
is critical (equality of access). Barriers to equality of access
to opportunities and equality of benefits may lie in ideological,
material and institutional causes and need to be identified
on the basis of their discriminatory implications. Therefore,
enabling conditions and temporary special measures (Article
4) for women are not discriminatory measures and in fact, assist
in achieving and accelerating de facto equality.
For example,
in Pakistan, efforts to increase the numbers of girl children
attending primary level education have included the construction
of new girls schools and attempts to increase the number of
female teachers by relaxing the age limits and qualification
for entry and re-entry into the teaching profession. Other initiatives
might include the provision of meals for the students or subsidies
for their parents.
