女性の昇格・賃金差別訴訟における女性差別撤廃条約の適用(<特集>戦後60年・ポスト北京の10年)

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Article 11 of The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) requires State Parties to take all appropriate measures to eliminate discrimination against women in the field of employment in order to ensure, on a basis of equality of men and women, the same rights including the right to the same employment opportunities, including the application of the same criteria for selection in matters of employment. In order to ratify CEDAW Japan enacted The Equal Employment Opportunity Law (EEOL) in June 1985. Soon after that Japan ratified it in July 1985. EEOL provided that employers should endeavor to give women equal opportunity with men with regard to the recruitment and hiring of workers. In 1997 EEOL was amended and the amended law stipulates that employers shall provide women equal opportunity with men with regard to the recruitment and hiring of workers. The former EEOL gave a negative impact on cases of promotional discrimination against women in private companies. Courts ruled that the former EEOL did not require employers to provide women equal opportunity with men in this regard and allowed employers to restrict eligibility to men only in recruitment or hiring for the super track in which the employees are expected to be engaged professional and managerial occupation. Courts did not nearly refer to CEDAW In this article, I explore the possibility of application of CEDAW to cases of promotional discrimination against female workers.
2006-03-31

女性の昇格・賃金差別訴訟における女性差別撤廃条約の適用(<特集>戦後60年・ポスト北京の10年)

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