Affirmative Action: An International Human Rights Dialogue

Abstract

The Universal Declaration of Human Rights is one of the first international instruments urging states to take specific action to ensure equality. Throughout the years, Ruth Bader Ginsburg had been a leading activist for women’s rights and equality. The present article, - which is based on a lecture delivered by Justice Ginsburg in 1999 with respect to affirmative action, its international legal grounds, as well interesting practice on this matter in the USA, India and the European Union, - analyzes the problems existing by the end of the last century, and addresses relevant challenges and practical approaches. Even though some progress has been made with respect to the right to equality and affirmative action throughout the last 20 years, equality between men and women has not yet been achieved. Currently, this topic is particularly relevant to the Georgian context, given that the country has implemented one of the strongest and arguably the most controversial affirmative actions – mechanism of quotas for ensuring political representation. The article provides an overview of practice regarding affirmative action aiming to eliminate gender-based discrimination, as well as discrimination on some other grounds. This article emphasizes international legal grounds for affirmative action. Oftentimes, laws supposedly aiming to “protect” women do not appeal to them, but rather restrict competition for men. Accordingly, when assessing gender-based affirmative action, we should distinguish those genuinely aiming to remedy historical disadvantages from those that nourish myths and stereotypes, thereby preventing women from achieving their full potential.

Keywords

• affirmative action
• human rights
• constitutional law
• us supreme court
• gender equality
• equality