Addressing Intersectional Discrimination with Temporary Special Measures

Abstract

This paper originated from IWRAW Asia Pacific's desire to, one, support the CEDAW Committee in its efforts then to formulate a General Recommendation on temporary special measures; and two, to encourage advocates, states and treaty bodies to utilise temporary special measures in favour of women who experience intersectional discrimination and thus face multiple barriers in realising their human rights. This paper defines temporary special measures as: (i) positive steps, (ii) directly undertaken or sponsored by the state, (iii) in favour of women or subgroups of women, and (iv) which are aimed at attaining substantive equality. The paper shows how temporary special measures are a means to remedying structural discrimination and achieving substantive equality, and how its use can be justified. It discusses why these measures should be utilised for women who encounter multiple forms of discrimination. Finally, the paper presents strategies for the implementation of these measures.

Keywords: CEDAW, women, convention, gender equality, temporary special emasures, affirmative action, internsectional, discimination