Le droit international au soutien de l'intégration des femmes dans les instances décisionnelles des entreprises canadiennes et québécoises
International law offers a supplementary dimension to think about the place of women in boards of directors and among executive teams, an issue mainly addressed by the company and domestic laws, as illustrated by the most recent adoption of Bill C-25. The unbalanced progression of women in these authorities, reflecting of countless national and business contexts, is real. To rectify this situation, principles derived from group dynamics (critical mass, tokenism) are sometimes evoked and many economic justifications are argued. However, the latter are controversial and insufficient. This thesis offers to complete them with democratic considerations and egalitarian claims based on human rights from international legal instruments. As Canada is a party to some of them, they constitute a first analytical framework. This is then complemented thanks to the CSR prism, bringing human rights into the company’s field through the principles developed by Ruggie. Finally, after recalling Canada’s commitment on the international scene with respect to this theme and noting certain shortcomings, the means by which this country can overcome them will be summarized. If the status quo continues, international law allows injured people and groups to use certain remedies. International law is relevant in that it promotes fundamental rights denied by the minority status of women in these decision-making bodies and offers means of monitoring their application after the fact.
Discrimination Loi contraignante Board of directors CEDAW Executive team Critical mass Human rights International law Discrimination Corporate social responsability Binding law