Review of the Literature of the Human Rights Committee
The Human Rights Committee, in its article on civil and political rights defines discrimination as:
“… Any distinction, exclusion, restriction or preference that are based on certain motives, such as race, color, sex, language, religion, political or other opinion, national or social origin, economic position, the birth or any other social status, and that have as its purpose or as a result annular or impair the recognition, enjoyment or exercise, in conditions of equality, of the human rights and fundamental freedoms of all people ”.
As for positive discrimination, María de la Macarena Iribane explains that “positive action measures… arose in the sixties in the United States of America. In their origin, these measures had the purpose of alleviating the discrimination suffered by the African -American collective but later its object has extended to favor women or other oppressed groups ”(Iribane, 2014) On the other hand Macarena Bahamonde defines it as“ to allthose provisions that are intended to protect women and defend them against external hazards that come from disadvantages or weaknesses outside the same gender ”(Bahamonde, 2013) but for Eguzki Urteaga positive discrimination as a work quota that must be filled in the different formsof employment nationwide (Urteaga, 2009)
Finally, Juan Carlos Velasco, advocates a positive discrimination that must be “fully legitimized invoking an integral and non -formalistic interpretation of the general principle of equality”.
Research Design and Methods
For this research, qualitative analysis will be used above all. This is because a historical description of the evolution of positive discrimination in Ecuador will be made first. In this first section the descriptive research is fundamental and then seeking a causality of the participation of women in the public sector today. This method is similar to that of Macarena Bahamonde in his article on the false conception of positive action in favor of women as a measure of direct discrimination (Bahamonde, 2013) for this historical count a search in academic texts of the differentUniversities of Ecuador, specifically the USFQ, the Pontifical Catholic University of Ecuador and the Andean University Simón Bolívar since they have several original articles of this type. On the other hand, the various Constitutions were consulted (1978, 1998, 2008) in addition to different laws such as the 1997 installum law to analyze how the role of women has evolved in the written norm.
As for the present, the main source of investigation is the portals and documents of public institutions, specifically the Council of Citizen Participation and Social Control due to merit and opposition competitions. In addition to qualitatively, participation and presence data will be used in the public and private sector published by various polls of Ecuador. Finally an interview is necessary to know in depth the history of one of the country’s authorities, in this case Diana Salazar, State Attorney General. As descriptive research is going to be used for historical count and a mixture of the qualitative and quantitative method for the current analysis, the mixed method of the research method will be used.
Preliminary assumptions and implications
It cannot be denied that over the years women have been victims of gender violence in addition to other types of discrimination both in the workplace and educational. At the end of this analysis, it is expected to demonstrate that positive discrimination or affirmative action has helped women reach positions in the public sector and position themselves within Ecuadorian society. The constant struggles of the women’s groups to claim their rights have given fruit with the laws in favor of their gender thus achieving various privileges that seek to prevent discrimination in all their forms. Investigations of this type are necessary to understand the ultimate cause of certain current practices and the future replica of them
Bibliography
- ACNUDH. (21 of 12 of 1965). International Convention on the Elimination of all forms of racial discrimination. Retrieved on 05 of 2019, from https: // www.Ohchr.Org/sp/Professionalinterest/Pages/CERD.ASPX
- Bahamonde, m. (2013). The false conception of positive action in favor of women as a measure of direct discrimination. USFQ Law Review, 33-55.
- Human Rights Committee. (1989). Civil and Political Rights. Geneva: UN.
- Iribane, m. d. (2014). Positive action . Eunomy. Magazine in Culture of Legality, 211-216.
- Urteaga, e. (2009). Positive discrimination policies. Magazine of Political Studies, 181-213.
- Velasco, j. C. (2007). Positive discrimination, cultural diversity and justice*. Philosophy Magazine, 141-156.
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