A/HRC/23/50
eligible for public office”, was in violation of the State’s Constitution and article 7 of the
Convention.44
75.
The most effective strategies for women’s political empowerment involve reforms to
incorporate rules that guarantee women’s representation within political parties.45 Some 50
countries have adopted legislation on electoral quotas in order to ensure that a certain
proportion of candidates for political office are women. Hundreds of political parties in
another 20 countries have voluntarily adopted their own gender quotas.46 In some countries
the quota system is established by the constitution. One constitution in the Latin American
and Caribbean region includes the principle of parity in all policymaking mechanisms,
including elections, ministries, the justice system and political parties, and stipulates that
political parties’ “organization, structure and functioning shall be democratic and shall
guarantee the rotation of power, accountability, and parity membership between women
and men on their governing boards”.47 In the Maghreb, one new constitution mandates the
establishment of a mechanism for parity (see A/HRC/20/28/Add.1). Women’s movements
were intensely involved in these constitutional processes, illustrating the importance of
activism to exert pressure for the creation of a constitutional framework that supports
women’s right to representation.
76.
The Working Group notes that good practices of States include a legislative, and
preferably constitutional, requirement that political parties place women in realistic
positions for election, apply quotas, guarantee the rotation of power, accountability and
parity membership between women and men on their governing boards and condition the
funding of political parties on their integration of women in realistic positions on their
candidate lists.
E.
Eliminating discrimination in law
77.
The obligation of States to advance women’s equality and empower women in
public and political life requires legal measures at all levels: constitutional, legislative and
judicial.
1.
Constitutional guarantees
78.
National constitutions define the framework for eliminating discrimination against
women in law and practice and articulate the principles and ways by which historical power
asymmetries are redressed.48 Constitutions provide important clarity on the relationship
between distinct normative regimes which are adhered to and practiced de facto by different
sections of society. A constitutional guarantee of equality for women, in line with
international standards, most especially the Convention on the Elimination of All Forms of
Discrimination against Women, and regional standards, is essential in order to establish a
universal imperative of equality for women on which the entire chain of justice within the
State will rest. Increasingly, in different regions, women’s rights and non-discrimination
clauses have been incorporated into new constitutions or are part of constitutional reform
44
45
46
47
48
See European Court of Human Rights, SGP v. Netherlands, Application No. 58369/10, decision of 10
July 2012.
See UNDP and NDI, Empowering.
Ibid., p. 22.
Constitution of Ecuador (2008), art. 8. See also articles 65, 116, 176, and 434 of the Constitution, as
cited in the background paper on Latin America and the Caribbean prepared for the Working Group.
See Helen Irving, “Where have all the women gone? Gender and the literature on constitutional
design”, Sidney Law School Legal Studies Research Paper No. 10/50, May 2010.
17