promotion; numerical goals connected with time frames; and quota systems. The choice of a
particular “measure” will depend on the context in which article 4, paragraph 1, is applied and on
the specific goal it aims to achieve.
23. The adoption and implementation of temporary special measures may lead to a discussion of
qualifications and merit of the group or individuals so targeted, and an argument against preferences
for allegedly lesser-qualified women over men in areas such as politics, education and employment.
As temporary special measures aim at accelerating achievement of de facto or substantive equality,
questions of qualification and merit, in particular in the area of employment in the public and
private sectors, need to be reviewed carefully for gender bias as they are normatively and culturally
determined. For appointment, selection or election to public and political office, factors other than
qualification and merit, including the application of the principles of democratic fairness and
electoral choice, may also have to play a role.
24. Article 4, paragraph 1, read in conjunction with articles 1, 2, 3, 5 and 24, needs to be applied
in relation to articles 6 to 16 which stipulate that States parties “shall take all appropriate measures”.
Consequently, the Committee considers that States parties are obliged to adopt and implement
temporary special measures in relation to any of these articles if such measures can be shown to be
necessary and appropriate in order to accelerate the achievement of the overall, or a specific goal of,
women’s de facto or substantive equality.
IV. Recommendations to States parties
25. Reports of States parties should include information on the adoption, or lack thereof, of
temporary special measures in accordance with article 4, paragraph 1, of the Convention, and States
parties should preferably adhere to the terminology “temporary special measures”, to avoid
confusion.
26. States parties should clearly distinguish between temporary special measures aimed at
accelerating the achievement of a concrete goal of women’s de facto or substantive equality, and
other general social policies adopted and implemented in order to improve the situation of women
and the girl child. States parties should bear in mind that not all measures which potentially are or
would be favourable to women qualify as temporary special measures.
27. States parties should analyse the context of women’s situation in all spheres of life, as well as
in the specific, targeted area, when applying temporary special measures to accelerate achievement
of women’s de facto or substantive equality. They should evaluate the potential impact of
temporary special measures with regard to a particular goal within their national context and adopt
those temporary special measures which they consider to be the most appropriate in order to
accelerate the achievement of de facto or substantive equality for women.
28. States parties should explain the reasons for choosing one type of measure over another. The
justification for applying such measures should include a description of the actual life situation of
women, including the conditions and influences which shape their lives and opportunities - or that
of a specific group of women, suffering from multiple forms of discrimination - and whose position
the State party intends to improve in an accelerated manner with the application of such temporary
special measures. At the same time, the relationship between such measures and general measures
and efforts to improve the position of women should be clarified.