TNAG-2808-FCO40-4053-Future-of-Hong-Kong-International-Rights-and-Obligations-(IR-1994 — Page 69

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

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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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