- 5
high.
Less
experience disadvantages in employment which largely spring from social structures and patterns which have remained basically unaffected by legislation. The degree of Occupational segregation in Western countries has remained
overt forms of discrimination remain, particularly with regard to job classification and
There has also been a higher level of
among women than among men in most European This may be attributable to the types of education and training women receive which tend to lead them to seek traditional unskilled jobs.
evaluation.
unemployment
countries.
[(14)
enforce.
discriminated.
prove that
The UK Sex
One problem of sex discrimination legislation is
that it is difficult to
Except in cases of blatant discrimination, it is difficult to employers intentionally Discrimination Act may serve as an example: a recent UK
court case concerning sex discrimination in promotion decisions (the Alison Halford case as reported in the Times, 22 July 1992), conducted at great public expense, shows that an adversarial system may be inappropriate to deal with complaints which involve personal grievances and management problems in the workplace. While shifting the burden of proof to the employers in disputes (as in the case of Korea) might reduce the difficulty, it would be inconsistent with the right of presumption of innocence.]
CEDAW in the Hong Kong Context
(15)
In
most
areas
CEDAW replicates existing international obligations under treaties already applicable
to Hong Kong, such as the International Covenant on Civil
and Political Rights and the International Covenant on
Economic, Social and Cultural Rights. With the enactment
in June 1991 of the Bill of Rights (BOR) Ordinance (Cap. 383) which inter alia prohibits discriminatory practices in
the public sector,
requirements of CEDAW should be
the
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