166 The words "women", "men" and "sex" are not defined within CEDAW. Neither of the words "gender" or "gender identity" appear within its text.
167 Article 4 of CEDAW makes clear and express that temporary special measures aimed at accelerating de facto equality between men and women are not considered to be discrimination. The most obvious manifestation of this is affirmative action. This exception is reflected in the carve out in s 7D of the SDA to the various prohibitions on sex discrimination in that Act.
168 Article 2 of CEDAW contains the substantive obligations of signatories to eliminate discrimination against women, as defined in Art 1, and to achieve equality of men and women at law. It reads:
States Parties condemn discrimination against women in all its forms, agree to pursue by all appropriate means and without delay a policy of eliminating discrimination against women and, to this end, undertake:
(a) To embody the principle of the equality of men and women in their national constitutions or other appropriate legislation if not yet incorporated therein and to ensure, through law and other appropriate means, the practical realization of this principle;
(b) To adopt appropriate legislative and other measures, including sanctions where appropriate, prohibiting all discrimination against women;
(c) To establish legal protection of the rights of women on an equal basis with men and to ensure through competent national tribunals and other public institutions the effective protection of women against any act of discrimination;
(d) To refrain from engaging in any act or practice of discrimination against women and to ensure that public authorities and institutions shall act in conformity with this obligation;
(e) To take all appropriate measures to eliminate discrimination against women by any person, organization or enterprise;
(f) To take all appropriate measures, including legislation, to modify or abolish existing laws, regulations, customs and practices which constitute discrimination against women;
(g) To repeal all national penal provisions which constitute discrimination against women.
169 CEDAW then:
- (a) provides in Art 3 that, in all fields signatories shall take:
all appropriate measures, including legislation, to ensure the full development and advancement of women, for the purpose of guaranteeing them the exercise and enjoyment of human rights and fundamental freedoms on a basis of equality with men.
