CEDAW/C/GC/40
regime of systematic oppression and domination of women, committed with the
intention of maintaining a regime that is increasingly referred to as “gender
apartheid”. 26It is therefore crucial to codify the crime of “gender apartheid” to create
full accountability for gender-based crimes.
12. A transformative approach addressing patriarchy, as presented in the present
general recommendation, is in line with article 5 (a) of the Convention, 27 which
commits States parties to eliminating prejudices and practices that are based on the
idea of the inferiority or the superiority of either of the sexes or on stereotyped roles
for men and women.
13. To this end, the Committee identifies seven pillars of equal and inclusive
representation in decision-making systems: (a) fifty-fifty parity between women and
men in decision-making systems as a starting point and universal norm; (b) effective
youth leadership conditioned by parity; (c) intersectionality and the inclusion of
women in all their diversity in decision-making systems; (d) a comprehensive
approach to decision-making systems across spheres; (e) equal power and influence
exercised by women in decision-making systems; (f) structural transformation for the
equal and inclusive representation of women in decision-making systems; and
(g) civil society representation in decision-making systems.
A.
Fifty-fifty parity between women and men in decision-making
systems as a starting point and universal norm
14. Targets of 30 per cent for the representation of women in decision -making are
incompatible with the Convention’s core aim of elimination of discrimination against
women, as they convey a message that inequality between women and men is
justifiable. Decision-making will have real and dynamic meaning and lasting effect
only when it is based on fifty-fifty parity and takes equal account of the interests of
both women and men. The equal and inclusive representation of women is also an
important driver of integrity, as it disrupts pre-established collusive networks. 28
15. As reflected in the concluding observations of the Committee, a growing
number of States parties have passed or are considering parity laws for elections and
other decision-making roles. Parity means the full and equal sharing of power on a
fifty-fifty basis between women and men as a permanent and core feature of all areas,
including political, public and economic life. Legislation guaranteeing parity is thus
not intended to be removed once women’s historical disadvantages have been
redressed but remains as a legal principle and permanent and universal feature of good
governance. References to parity in the present general recommendation are always
in relation to fifty-fifty parity between women and men in all their diversity.
__________________
26
27
28
24-20036
In article 7 (1) (h) of the Rome Statute of the International Criminal Court, persecution against
any identifiable group or collectivity on gender grounds is identified as an act that constitutes a
crime against humanity. There is a growing call, including among human rights mechanisms of
the Human Rights Council and civil society, for the codification of the crime of gender apartheid
under international law, including in the definition of apartheid in article 2 (2) (h) of the Proposed
International Convention on the Prevention and Punishment of Crimes Against Humanity.
Unless otherwise indicated, articles refer to the Convention on the Elimination of All Forms of
Discrimination against Women.
See also United Nations Office on Drugs and Crime, The Time is Now: Addressing the Gender
Dimensions of Corruption (Vienna, 2020).
7/29