Journal Citation:
15 WOMEN'S RIGHTS LAW REPORTER, 2-36 (1993).
"Part I of this article gives a brief description of the Women's Convention and explains the confusion over what protective laws it allows, and the significance of that confusion. Part II determines whether the Convention should have included provisions allowing different treatment laws for women. Concluding that different treatment laws are essential for the achievement of gender equality, Part III discusses whether a rational principle can be established which distinguishes between beneficial and detrimental types of protective laws. Part IV analyzes the specific articles of the Convention that allow, or require, protective laws, and determines whether these provisions can be interpreted consistently with the principle formulated in Part III to distinguish beneficial from detrimental protective laws. Part V focuses on the Women's Committee's stance on protective laws and the changing practice of states and international organizations concerning protective laws. Finally, Part VI provides a case study of protective laws in New Zealand which reflects the trend towards revising and repealing protective laws. It also provides a study of the most controversial protective covenant, ILO Convention No. 89, concerning Nightwork of Women in Industry." [Article Abstract.]