Sex Discrimination

Sex Discrimination

The Legal History of Sex Discrimination

This section provides an overview of Sex Discrimination.

Summary of the First articles of the Convention on the Elimination of All Forms of Discrimination Against Women

The articles of the Convention on the Elimination of All Forms of Discrimination Against Women fall into three main groups. The first set of articles explains the nature and scope of the State’s obligations.

The second set of articles targets specific forms of discrimination and outlines measures that the State must undertake to eliminate discrimination in each of these areas. The last set of articles governs procedural and
administrative matters, such as the composition of the Convention on the Elimination of All Forms of Discrimination Against Women Committee and the way in which the reporting process operates.

The following is a summary of the first set of articles-scope of state obligations, and forms of discrimination.

Article 1 provides CEDAW’s definition of discrimination against women. Under the Convention on the Elimination of All Forms of Discrimination Against Women, this includes not just direct or intentional discrimination, but any act that has the effect of creating or perpetuating inequality between men and women.

Article 2 sets out a range of general measures the State must take to eliminate discrimination against women, with a strong focus on legal protections. The State must:

  • enshrine the principle of gender equality in national constitutions
  • enact legislation prohibiting discrimination against women
  • ensure effective legal protection for the right to be free from discrimination, including through the creation of national tribunals and other institutional mechanisms
  • ensure that no public authority discriminates against women
  • ensure that no private individual or organization discriminates against women
  • abolish existing discriminatory laws, customs and practices

Article 3 directs the State to take the positive measures needed to ensure the realization of women’s human rights on the basis of equality with men. Especially in the political, social, economic and cultural fields, the State must take whatever steps are needed to ensure the full advancement of women.

Article 4 directs the State to take temporary special measures where they are needed to speed up the process of achieving equality. Article 4 makes clear that measures that temporarily favour women over men, or impose different standards, are not a form of discrimination if they are being implemented as a means of speeding up the achievement
of gender equality.

Article 5 underlines that the State has responsibility for eliminating discrimination in social and cultural life, and so must take measures to eliminate prejudices and customary and other practices that are based on notions of women’s inferiority or stereotypes.

Resources

See Also

  • Rights
  • Legal Rights
  • Fundamental Rights
  • Civil Rights

Resources

See Also

  • Legal Biography
  • Legal Traditions
  • Historical Laws
  • History of Law

Further Reading


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