as race, ethnic or religious identity, disability, age, class, caste or other factors. Such discrimination
may affect these groups of women primarily, or to a different degree or in different ways than men.
States parties may need to take specific temporary special measures to eliminate such multiple
forms of discrimination against women and its compounded negative impact on them.
13. In addition to the Convention on the Elimination of All Forms of Discrimination against
Women, other international human rights instruments and policy documents adopted in the
United Nations system contain provisions on temporary special measures to support the
achievement of equality. Such measures are described in different terminology, and the meaning
and interpretation given to such measures also differs. It is the Committee’s hope that the present
general recommendation on article 4, paragraph 1, will contribute to a clarification of terminology. 3
14. The Convention targets discriminatory dimensions of past and current societal and cultural
contexts which impede women’s enjoyment of their human rights and fundamental freedoms. It
aims at the elimination of all forms of discrimination against women, including the elimination of
the causes and consequences of their de facto or substantive inequality. Therefore, the application
of temporary special measures in accordance with the Convention is one of the means to realize de
facto or substantive equality for women, rather than an exception to the norms of nondiscrimination and equality.
III. The meaning and scope of temporary special measures in the Convention
on the Elimination of All Forms of Discrimination against Women
Article 4, paragraph 1
Adoption by States parties of temporary special measures aimed at accelerating de facto
equality between men 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.
Article 4, paragraph 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.
A. Relationship between paragraphs 1 and 2 of article 4
15. There is a clear difference between the purpose of the “special measures” under article 4,
paragraph 1, and those of paragraph 2. The purpose of article 4, paragraph 1, is to accelerate the
improvement of the position of women to achieve their de facto or substantive equality with men,
and to effect the structural, social and cultural changes necessary to correct past and current forms
and effects of discrimination against women, as well as to provide them with compensation. These
measures are of a temporary nature.
16. Article 4, paragraph 2, provides for non-identical treatment of women and men due to their
biological differences. These measures are of a permanent nature, at least until such time as the
scientific and technological knowledge referred to in article 11, paragraph 3, would warrant a
review.