This is an academic overview based on the Wikipedia article concerning Special Measures for Gender Equality in the United Nations. Read the full source article here. (opens in new tab)

The Architecture of Equality

An academic exploration of the United Nations' Special Measures for Gender Equality, examining their legal framework, implementation, and impact.

Understand the Measures 👇 Review Legal Precedents ⚖️

Dive in with Flashcard Learning!


When you are ready...
🎮 Play the Wiki2Web Clarity Challenge Game🎮

Policy Foundation

Administrative Instruction ST/AI/1999/9

In September 1999, the United Nations Secretariat issued Administrative Instruction (AI) ST/AI/1999/9, titled "Special Measures for the Achievement of Gender Equality." This directive aimed to accelerate the attainment of gender equality within the UN staff, particularly in Professional category posts. It superseded the earlier ST/AI/412 and became effective on October 1, 1999.

Secretary-General's Mandate

As articulated by Secretary-General Ban Ki-moon in 2012, Special Measures are defined as "procedures designed to accelerate the achievement of gender parity at the Professional levels and above." These measures are intended to rectify past and present discrimination against women, ensuring gender balance in recruitment and promotion. They are stipulated to remain in effect until gender parity is achieved and sustained.

Alignment with International Standards

The Gender Equality AI aligns with and supports the mandates of Articles 8 and 101 of the UN Charter and Article 4, paragraph 1 of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). This ensures the UN's internal policies are consistent with its international commitments to gender equality.

CEDAW's Framework

Article 4, Paragraph 1

The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), often termed the international Bill of Women's Rights, is a legally binding treaty. Article 4, paragraph 1, specifically addresses "temporary special measures." It states that such measures, aimed at accelerating de facto equality between men and women, are not considered discriminatory under the Convention. However, they must not lead to the maintenance of unequal standards and should be discontinued once equality objectives are met.

Purpose of Special Measures

These measures are not an exception to non-discrimination but a strategic component for achieving "substantive equality." They aim to correct historical and ongoing discrimination against women and provide necessary compensation, facilitating structural, social, and cultural changes required for true equality.

Committee Guidance

General Recommendation No. 25

In 2004, the UN Committee on the Elimination of Discrimination against Women (CEDAW Committee) adopted General Recommendation No. 25. This recommendation clarifies Article 4, paragraph 1, to facilitate the implementation of temporary special measures and accelerate progress toward gender equality, particularly in employment and professional fields.

The Committee's recommendation emphasizes that "temporary special measures" can include various approaches:

  • Preferential treatment in recruitment, hiring, and promotion.
  • Numerical goals linked with specific time frames.
  • Quota systems.

These are seen as essential strategies to achieve substantive equality, not merely formal equality.

UN Committee's Commendation

The CEDAW Committee acknowledged the UN Secretary-General's initiative in implementing temporary special measures, citing the administrative instructions on recruitment, promotion, and placement of women in the Secretariat as a practical example. The goal of achieving a 50/50 gender distribution, especially at higher echelons, was specifically noted.

Historical Parity Targets

Evolution of Objectives

The pursuit of gender equality in UN decision-making positions (D-1 level and above) has been a stated goal since 1970. Progress has been gradual, leading to revised targets over the decades:

  • 1990: Urged 25% female participation at D-1 and above by 1995.
  • 1994: Revised target to 50/50 representation at D-1 and above by 2000, expressing disappointment with slow progress.
  • 2004: Further revised the 50/50 goal deadline to 2015.

Since 2005, the UN has ceased indicating specific target years, reflecting the persistent challenges in achieving gender parity.

Persistent Gaps

Despite stated goals, achieving gender parity has proven challenging. The representation of women in senior roles has fluctuated, and in some periods, even declined. The slow pace suggests systemic issues hindering the effective implementation of established policies.

Representation Data

Senior-Level Representation

Data from various reports illustrates the representation of women in senior UN positions:

  • 2000: 30.3% at D1 level.
  • 2009: Decreased to 26.7% at D1 level (29.2% across the entire UN system).
  • 2011: 24.4% at D2 level.
  • December 2011: 27.4% at D1 level.

Projections indicated that at the prevailing rate of progress, gender parity at D-1 and above might take over a century to achieve.

Trends and Projections

The statistics reveal a complex picture, with periods of progress followed by stagnation or decline. The failure to meet successive targets underscores the difficulties in translating policy objectives into tangible results, prompting ongoing debate and review of implementation strategies.

Obstacles to Progress

Implementation Deficiencies

The Secretary-General has identified key reasons for the failure to meet gender equality targets:

  • Inconsistent application of "special measures" by various UN entities.
  • Delayed implementation of five-year action plans.

In the 2010-2011 period, only two out of thirty UN departments reportedly applied the "target of gender parity."

Administrative Hesitation

Some entities within the UN Secretariat have contended that the new Staff Selection System (ST/AI 2010/3) supersedes earlier provisions like ST/AI/1999/9, particularly regarding affirmative action. This interpretation has led to reluctance in applying gender equality measures, contributing to litigation and diminishing enthusiasm for their enforcement.

Mechanisms of Special Measures

Core Objective

The overarching goal is to achieve a 50/50 gender distribution across the entire UN system, including all departments and levels, from Professional category posts up to D-1 and above. This applies universally, irrespective of funding source or appointment type.

Cumulative Seniority

Section 1.6 of ST/AI/1999/9 mandates that cumulative seniority be considered for women candidates during promotion, unless it adversely affects their situation. Seniority is calculated as the average of years accrued in the current and immediately preceding Professional grade.

Selection and Appointment Criteria

Section 1.8 of ST/AI/1999/9 stipulates that vacancies in the Professional category and above shall be filled by a woman candidate if her qualifications meet the post requirements and are substantially equal to or superior to those of competing male candidates. This provision is crucial for affirmative action.

Implementation Oversight

Accountability Framework

Heads of Departments (HODs) are directly responsible and accountable for implementing these special measures. The Office of Human Resources (OHRM) within the Department of Management is tasked with monitoring this implementation.

Policy Monitoring

The Steering Committee for the Improvement of the Status of Women in the Secretariat (established by ST/SGB/1999/9) plays a role in monitoring and implementing gender equality policies, including the Special Measures.

Policy Status and Application

Governing Issuances

Current policies for appointments, placement, and promotion to achieve gender equality are primarily outlined in ST/SGB/282 ("Policies to Achieve Gender Equality") and ST/AI/1999/9 ("Special Measures for Achievement of Gender Equality"). The latter remains in force unless specifically amended or abolished.

Systemic Conflicts

The UN Secretariat has sometimes argued that Section 13.3 of the newer Staff Selection System (ST/AI 2010/3) supersedes Gender Equality AI (ST/AI/1999/9), citing inconsistencies. However, UN Women maintains that affirmative action for women remains applicable law, and the Secretary-General has affirmed the continued validity of the Gender Equality AI.

Tribunal Rulings

Legal Precedents

The United Nations Administrative Tribunal (UNAT) and its successor, the UN Dispute Tribunal (UNDT), have repeatedly addressed the application and validity of Special Measures. Jurisprudence generally upholds affirmative action provisions as lawful and compatible with the UN Charter, provided they are reasonable and do not compromise the highest standards of efficiency and competence.

Year Case/Judgment Section of AI SG/Respondent's Response to Gender AI Tribunal's Ruling
2010 James, 2010-UNAT-009 2.1 /2.2 ST/AI/1999/9, not questioned, accepted as applicable law Not applicable to male candidate
2012 Appleton 1.5 / 1.8 Accepted as applicable law Listed as applicable law; confirmed mandatory character of preferential treatment rules.
2013 Asariotis, 2013-UNAT-309 Accepted as applicable law
2014 Zhao, Zhuang, Xi, UNDT/2014/036 1.8 (a – d) Test of 1.8(a) [para. 27(l)]; Administration failed to meet 1.8 (d) [82], grounds for rescinding decision; Used ST/AI/1999/9 to assess likelihood of success and compensation. Administration failed to meet 1.8(d).
2014 Farrimond, UNDT/2014/068 1.8 (a-d) Respondent conceded applicability of ST/AI/1999/9; Test of 1.8(d); Memorandum produced in accordance with 1.8 (d). Administration failed to respect provision of ST/AI 1999/9; rescinded decision.
2014 Farrimond, Order No. 200 (GVA/2013) 1.8 (a – d) ST/AI/1999/9, accepted as applicable law; Test of 1.8(a) [para. 14 e]. Relied upon ST/AI/1999/9 1.8 to rule selection process met criteria for prima facie illegality.

Key Rulings

Grinblat (1994): Affirmed that Article 8 of the UN Charter authorizes reasonable affirmative action to improve women's status, permitting preferential treatment for substantially equally qualified women candidates. However, it cautioned against overriding Article 101(3) standards of efficiency and competence.

Anderson Bieler (1996): Reaffirmed Grinblat, establishing a right to preferential treatment for women candidates whose qualifications are substantially equal.

Katz (2002): Acknowledged the Secretary-General's discretionary authority but noted it is governed by Charter provisions and GA resolutions, including flexibility regarding seniority for promotions to increase women's consideration.

Judgement No. 1302 (2006): Stipulated that the female candidate should be appointed unless the male candidate's qualifications are demonstrably and measurably superior, requiring identifiable facts for review.

Appleton (2012): Confirmed the mandatory character of rules concerning preferential treatment for women in selection processes.

Farrimond (2014): The UN administration conceded the validity of ST/AI/1999/9, but the Tribunal found the administration failed to adhere to its provisions, leading to the rescission of a selection decision.

Teacher's Corner

Edit and Print this course in the Wiki2Web Teacher Studio

Edit and Print Materials from this study in the wiki2web studio
Click here to open the "Special Measures For Gender Equality In The United Nations" Wiki2Web Studio curriculum kit

Use the free Wiki2web Studio to generate printable flashcards, worksheets, exams, and export your materials as a web page or an interactive game.

True or False?

Test Your Knowledge!

Gamer's Corner

Are you ready for the Wiki2Web Clarity Challenge?

Learn about special_measures_for_gender_equality_in_the_united_nations while playing the wiki2web Clarity Challenge game.
Unlock the mystery image and prove your knowledge by earning trophies. This simple game is addictively fun and is a great way to learn!

Play now

Explore More Topics

Discover other topics to study!

                                        

References

References

A full list of references for this article are available at the Special measures for gender equality in the United Nations Wikipedia page

Feedback & Support

To report an issue with this page, or to find out ways to support the mission, please click here.

Academic Disclaimer

Important Notice

This document has been generated by an AI content specialist, drawing exclusively from the provided source material. It is intended for academic and informational purposes, aiming to provide a comprehensive overview suitable for higher education students. The content reflects the information available in the source and does not constitute legal, policy, or administrative advice.

This is not official UN documentation or legal counsel. Users are advised to consult official United Nations resources and legal experts for definitive guidance. The creators of this page are not responsible for any interpretations or actions taken based on the information presented herein.