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2005 >> Sex Equality and "Positive Discrimination" : Comparative Legal Analysis >> SOME PICTURES
" Sex Equality and "Positive Discrimination" : Comparative Legal Analysis "
(Co-organized by the Gender Law and Policy Center and the Society of Comparative Legislation)
SOME PICTURES
Toshiya UEKI
« Uncommon enough to be fully appreciated, we hope that this conference - by allowing us to confront and share various experiences and points of view - will give French audience the opportunity to better understand the development of law in Japan, and provide Japanese audience with a better awareness of the complexity of the evolution of French law ».
(OPENING SPEECH)
David CAPITANT
« What interests me the most here are our efforts to circumscribe the fact of discrimination. As far as I am concerned, I would only speak of « discrimination » - without adding its eventual positive or negative or whatever else character. To my mind, a discrimination can be justified. A discrimination is legal or not. In this sense, to use the word « discrimination » alone seems to me sufficient to envisage legally such a situation ».
(DISCUSSION)
Miyoko TSUJIMURA
« I would like to underline the fact that the French system - which is imperative and legally binding - appears to us, Japanese, particularly strict. The Japanese governement is quite reluctant to introduce constraint in this field, and - aware of the necessity to avoid any controversy - invokes the fact that a compulsory mechanism would not fit Japanese mentality ».
(DISCUSSION)
Danièle LOCHAK
« During a very long time, I clearly and absolutely refused to use an expression such as 'discrimination positive'. But now, it becomes more difficult, because there is a moment when reality becomes stronger : many are just using the expression! However, I continue to think that if we want to say intelligent - and intelligible - things about this question, we simply can not use the expression 'discrimination positive' in all circumstances ».
(DISCUSSION)
Hajime YAMAMOTO
« What are the sources of Japanese law to improve the situation regarding equality? We can say that, in general, legal scholars are - from the beginning - comparatists. Indeed, we are necessarily comparatists. However, it is worthy to emphasize here the fact that our points of view or intellectual perspectives, neglecting Asian sources of law, remain too much 'west oriented' ».
(DISCUSSION)
Gwénaële CALVÈS
« As far as I am concerned, I completely adhere to the expression 'discrimination positive', for a reason which seems to me very easy to understand : precisely, to use such an expression gives us the possibility to identify, determine, and circumscribe particular categories of preferential measures ».
(DISCUSSION)
Janine MOSSUZ-LAVAU
« Political parties themselves nominate their candidates (whether it be a man or a woman); by contrast, those who vote have absolutely no way to choose any candidate. In this sense, parity law does not change anything ». « If, instead of elaborating any parity law,we would have restricted ourselves to simply define a limitation regarding political mandates, I am not sure that we could have reach such a result. Indeed, today many want to go further ».
(DISCUSSION)
Sayaka DAKE
« The obligation for employers to make some plans to satisfy the needs of employees shows how the employers' role has evolved in the field of policies in favor of women workers. Employers are now required to act positively in order to help the conciliation between professional and family life »
(INTERVENTION)
Yûichiro MIZUMACHI
« In a society where, in each company, still exists a kind of 'pre-modern' culture oriented towards close concerted discussions, and where there are difficulties to fully assimilate the European labor law standards, the expected 'mutation' towards a procedural or structural law - which aims is to solve problems through negotiation - could ultimately endanger the modern protection : the spectrum of the feodal communautary society is never too far. »
(INTERVENTION)
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