29. States parties should provide adequate explanations with regard to any failure to adopt
temporary special measures. Such failures may not be justified simply by averring powerlessness,
or by explaining inaction through predominant market or political forces, such as those inherent in
the private sector, private organizations, or political parties. States parties are reminded that article
2 of the Convention, which needs to be read in conjunction with all other articles, imposes
accountability on the State party for action by these actors.
30. States parties may report on temporary special measures under several articles. Under article
2, States parties are invited to report on the legal or other basis for such measures, and their
justification for choosing a particular approach. States parties are further invited to give details
about any legislation concerning temporary special measures, and in particular whether such
legislation provides for the mandatory or voluntary nature of temporary special measures.
31. States parties should include, in their constitutions or in their national legislation, provisions
that allow for the adoption of temporary special measures. The Committee reminds States parties
that legislation, such as comprehensive anti-discrimination acts, equal opportunities acts or
executive orders on women’s equality, can give guidance on the type of temporary special measures
that should be applied to achieve a stated goal, or goals, in given areas. Such guidance can also be
contained in specific legislation on employment or education. Relevant legislation on nondiscrimination and temporary special measures should cover governmental actors as well as private
organizations or enterprises.
32. The Committee draws the attention of States parties to the fact that temporary special
measures may also be based on decrees, policy directives and/or administrative guidelines
formulated and adopted by national, regional or local executive branches of government to cover
the public employment and education sectors. Such temporary special measures may include the
civil service, the political sphere and the private education and employment sectors. The
Committee further draws the attention of States parties to the fact that such measures may also be
negotiated between social partners of the public or private employment sector or be applied on a
voluntary basis by public or private enterprises, organizations, institutions and political parties.
33. The Committee reiterates that action plans for temporary special measures need to be
designed, applied and evaluated within the specific national context and against the background of
the specific nature of the problem which they are intended to overcome. The Committee
recommends that States parties provide in their reports details of any action plans which may be
directed at creating access for women and overcoming their underrepresentation in certain fields, at
redistributing resources and power in particular areas, and/or at initiating institutional change to
overcome past or present discrimination and accelerate the achievement of de facto equality.
Reports should also explain whether such action plans include considerations of unintended
potential adverse side-effects of such measures as well as on possible action to protect women
against them. States parties should also describe in their reports the results of temporary special
measures and assess the causes of the possible failure of such measures.
34. Under article 3, States parties are invited to report on the institution(s) responsible for
designing, implementing, monitoring, evaluating and enforcing such temporary special measures.
Such responsibility may be vested in existing or planned national institutions, such as women’s
ministries, women’s departments within ministries or presidential offices, ombudspersons, tribunals
or other entities of a public or private nature with the requisite mandate to design specific
programmes, monitor their implementation, and evaluate their impact and outcomes. The