Adopting a Positive Action Approach to Sex Discrimination

Human Rights and Equal Opportunity Commission, Gender equality: What matters to Australian women and men — The Listening Tour Community Report (2008).

Australian Bureau of Statistics, Employee Earnings, Benefits and Trade Unions Membership, August 2007, Cat No 6310.0; Australian Council of Trade Unions, Submission to the Senate Standing Committee on Legal and Constitutional Affairs Inquiry into the Effectiveness of the Sex Discrimination Act 1984 in eliminating discrimination and promoting gender equality, August 2008, 2.

Senate Standing Committee on Legal and Constitutional Affairs, Effectiveness of the Sex Discrimination Act 1984 in eliminating discrimination and promoting gender equality, December 2008, 47.

United Nations Committee on the Elimination of Discrimination against Women, General Recommendation No 5 — Temporary Special Measures, 7th sess, 1988.

[2004] FCA 1250 (unreported, Crennan J, 24 September 2004).

See, eg, Australian Government, Australia's combined 6th and 7th Reports on the implementation of the Convention on the Elimination of All Forms of Discrimination Against Women July 2003–July 2008 (2008) 2.23; Australian Government, Australia's Combined 4th and 5th Reports to the United Nations on the Convention on the Elimination of All Forms of Discrimination Against Women June 2003 (2003) para 48.

Ex Article 141(4) of the Treaty Establishing the European Community.

See Directive 2002/73/EC of the European Parliament and of the Council of 23 September 2002 amending Council Directive 76/207/EEC on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions, Official Journal of the European Communities, OJ L 269/15 [2002] Article 2(8).

See Case C-409/95 Marschall v Land Nordrhein-Westfalen [1997] ECR I-6363, Case C-158/97 re: Badeck [2000] ECR I-1875; European Commission, Communication from the Commission to the European Parliament and the Council on the interpretation of the judgment of the Court of Justice of 17 October 1995 in Case C-450/93, Kalanke v Freie Hansestadt Bremen, 27 March 1996, Brussels, COM (96) 88 final.

See, eg, National delegation of Germany, ‘Human rights and economic challenges in Europe – gender equality: Germany’ (Report presented at the 6th European Ministerial Conference on Equality between Women and Men, Stockholm, 8–9 June 2006) 1; McHarg Aileen , ‘Quotas for Women! The Sex Discrimination (Election Candidates) Act 2002’ (2006) 33(1) Journal of Law and Society 141, 144; Fairness and Freedom: The Final Report of the Equalities Review (2007) 99.

National delegation of Germany, above n 10, 2.

Germany, United Nations Convention on the Elimination of All Forms of Discrimination Against Women: Sixth periodic report of States parties, October 2007, 15.

Schneider Cornelia Hajduk Magdalena Sartori Nina , Gender Action Plans — an Effective Instrument for Promoting Gender Equality in the Sixth EU Framework Programme? (2005) 3.

United Kingdom of Great Britain and Northern Ireland, United Nations Convention on the Elimination of All Forms of Discrimination Against Women: 6th Periodic Report of the United Kingdom of Great Britain and Northern Ireland, May 2007, 63.

United Kingdom Government, The Equality Bill — Government response to the Consultation (2008) 61.

Fairness and Freedom: The Final Report of the Equalities Review (2007) 120.