17.
The merits of
sex
discrimination
said to be that
(a)
18.
(b)
On
legislation are
sex discrimination
change
while it cannot eliminate completely, it helps to
community attitudes for the better by setting standards of acceptable behaviour; and
it offers avenues for redress (through mediation and the right to seek compensation) to those who have suffered discrimination.
the other hand, the arguments against the introduction of sex discrimination legislation in Hong Kong include the following
19.
(a)
For
such legislation is likely to involve a high degree of government intervention in the operation of the labour market and give rise to rigidities in employment practices. example, employers would be under pressure to sacrifice certain remuneration principles such as individualised pay by performance potential in order to avoid claims of sex discrimination.
This could reduce the flexibility of the labour market and thus its capacity to meet the needs of а rapidly changing economic environment;
(b) .such legislation
(c)
is aïfficult
-
and
enforce
because objective evidence is not easily obtainable. Each dispute on promotion or pay differential would involve adducing evidence to show whether the relevant decision was attributable to gender or to other factors. The "other factors" are often subjective in nature (e.g. judgement on an individual's potential and aptitude); and
legislation would be unlikely to be effective unless there are resources for enforcement
(e.g.
separate
resolve
complaints). would be
to
machinery Expenditure of such resources justified if significant instances of sex discrimination could be identified. As noted in paragraph 8 above, this does not appear to be the case.
Оп balance, in view of the likely adverse impact of sex discrimination legislation оп the economy and the difficulties and cost implications of enforcement, the Working Group has reservations about the introduction of anti-discrimination legislation.
No comments yet.
Private notes are available after approval.