Maldives Constitution Article 4 CEDAW and Temporary Special Measures

What this means for Maldives

Presentation by: Imrana Jalal Senior Social Development Specialist (Gender) 3 May 2012

The views expressed in this paper are the views of the authors and do not necessarily reflect the views or policies of the Asian Development Bank ADB), or its Board of Governors, or the governments they represent. ADB does not guarantee the accuracy of the data included in this paper and accepts no responsibility for any consequence of their use. The countries listed in this paper do not imply any view on ADB's part as to sovereignty or independent status or necessarily conform to ADB's terminology.

Maldives Constitution, s. 17(a) duty not to discriminate

Principle of gender equality enshrined and protected
17. (a) Everyone is entitled to the rights and freedoms included in this Chapter without discrimination of any kind, including race, national origin, colour, sex, age, mental or physical disability, political or other opinion, property, birth or other status, or native island.

Prohibits gender discrimination negative obligation not to discriminate.

Maldives Constitution s17(b) duty to take positive steps

s17(b) positive obligation to promote gender equality
17. (a) Everyone is entitled to the rights and freedoms included in this Chapter without discrimination of any kind, including sex, (b) Special assistance or protection to disadvantaged individuals or groups, or to groups requiring social assistance, as provided in law shall not be deemed to be discrimination, as provided for in article (a).

s18. It is the duty of the State to follow the provisions of this Constitution

CEDAW and MALDIVES

Maldives ratified CEDAW in 1993, no reservation to Art. 4 on Temporary Special Measures TSM) Accession 13 March 2006, to the OP-CEDAW General Recommendation 25 CEDAW Article 4 foundation for the GEL, international legal commitments made by the GOM

Difference between duty not to discriminate and to take positive steps to promote GE

Article 4 of CEDAW Temporary Special Measures (TSM)

1. Adoption by States Parties of temporary special measures aimed at accelerating de facto equality between mean and women shall not be considered discrimination as defined in the present Convention, but shall in no way entail as a consequence the maintenance of unequal or separate standards; these measures shall be discontinued when the objectives of equality of opportunity and treatment have been achieved.
2. Adoption by States Parties of special measures, including those measures contained in the present Convention, aimed at protecting maternity, shall not be considered discriminatory

Concluding Comments of Maldives CEDAW (combined 2nd & 3rd periodic report)
15. The Committee expresses concern that temporary special measures are neither provided in the law nor used by the State party as a policy to accelerate the achievement of the de facto equality between women and men in any area of the Convention. It regrets that recent attempts to introduce temporary special measures have failed, 16. The Committee requests the State party to pursue its efforts to introduce temporary special measures in accordance with article 4, paragraph 1, of the Convention and with the Committees general recommendation 25 in order to accelerate the realization of womens de facto equality with men in all areas. It also recommends that the State party include in the draft legislation on womens rights a provision on temporary special measures. It encourages the State party to develop awareness-raising programmes and training for parliamentarians on the provisions of the Convention. Such training should also clarify, in particular, the purpose of temporary special measures as elaborated by the Committee in its general recommendation 25.

What are the implications?

S. 17 of Maldives Constitution together with commitments under CEDAW require state parties to adopt proactive laws, measures, policies and strategies to promote equality and empower women to allow for TSM A Gender Equality Law (GEL) will provide the legal framework for such TSM. It is necessary to advance gender equality and to defend against accusation that it is discrimination against men.

For More Information

Please contact Imrana Jalal (ijalal@adb.org) Web site: www.adb.org/gender