B. Terminology
17. The travaux préparatoires of the Convention use different terms to describe the “temporary
special measures” included in article 4, paragraph 1. The Committee itself, in its previous general
recommendations, used various terms. States parties often equate “special measures” in its
corrective, compensatory and promotional sense with the terms “affirmative action”, “positive
action”, “positive measures”, “reverse discrimination”, and “positive discrimination”. These terms
emerge from the discussions and varied practices found in different national contexts. 4 In the
present general recommendation, and in accordance with its practice in the consideration of reports
of States parties, the Committee uses solely the term “temporary special measures”, as called for in
article 4, paragraph 1.
C. Key elements of article 4, paragraph 1
18. Measures taken under article 4, paragraph 1, by States parties should aim to accelerate the
equal participation of women in the political, economic, social, cultural, civil or any other field.
The Committee views the application of these measures not as an exception to the norm of nondiscrimination, but rather as an emphasis that temporary special measures are part of a necessary
strategy by States parties directed towards the achievement of de facto or substantive equality of
women with men in the enjoyment of their human rights and fundamental freedoms. While the
application of temporary special measures often remedies the effects of past discrimination against
women, the obligation of States parties under the Convention to improve the position of women to
one of de facto or substantive equality with men exists irrespective of any proof of past
discrimination. The Committee considers that States parties that adopt and implement such
measures under the Convention do not discriminate against men.
19. States parties should clearly distinguish between temporary special measures taken under
article 4, paragraph 1, to accelerate the achievement of a concrete goal for women of de facto or
substantive equality, and other general social policies adopted to improve the situation of women
and the girl child. Not all measures that potentially are, or will be, favourable to women are
temporary special measures. The provision of general conditions in order to guarantee the civil,
political, economic, social and cultural rights of women and the girl child, designed to ensure for
them a life of dignity and non-discrimination, cannot be called temporary special measures.
20. Article 4, paragraph 1, explicitly states the “temporary” nature of such special measures.
Such measures should therefore not be deemed necessary forever, even though the meaning of
“temporary” may, in fact, result in the application of such measures for a long period of time. The
duration of a temporary special measure should be determined by its functional result in response to
a concrete problem and not by a predetermined passage of time. Temporary special measures must
be discontinued when their desired results have been achieved and sustained for a period of time.
21. The term “special”, though being in conformity with human rights discourse, also needs to be
carefully explained. Its use sometimes casts women and other groups who are subject to
discrimination as weak, vulnerable and in need of extra or “special” measures in order to participate
or compete in society. However, the real meaning of “special” in the formulation of article 4,
paragraph 1, is that the measures are designed to serve a specific goal.
22. The term “measures” encompasses a wide variety of legislative, executive, administrative and
other regulatory instruments, policies and practices, such as outreach or support programmes;
allocation and/or reallocation of resources; preferential treatment; targeted recruitment, hiring and