CEDAW/C/GC/40
IV. Normative framework for the equal and inclusive
representation of women in decision-making systems
22. Under international human rights treaty law, women are guaranteed the right to
equal and inclusive representation in decision-making systems. The Convention on
the Elimination of All Forms of Discrimination against Women affirms women’s
equal right to participate in political and public life, including international decision making and decision-making related to peace and security, as well as their equal rights
to participate in decision-making in the economic sector. The Convention on the
Political Rights of Women grants women equal rights to vote, run for office and hold
public positions without discrimination. 30 Under the International Covenant on Civil
and Political Rights, women and men have equal civil and political rights, including
in relation to decision-making in the political and public spheres. 31 The International
Covenant on Economic, Social and Cultural Rights also stipulates the equal right of
men and women to enjoyment of all economic, social and cultural rights, thereby also
including decision-making in these spheres. 32 Regional conventions, including the
American Convention on Human Rights, the Inter-American Convention on the
Prevention, Punishment and Eradication of Violence against Women, the African
Charter on Human and Peoples’ Rights and the Protocol thereto on th e Rights of
Women in Africa, the Convention for the Protection of Human Rights and
Fundamental Freedoms (European Convention on Human Rights), the Charter of
Fundamental Rights of the European Union and the Council of Europe Convention
on Preventing and Combating Violence against Women and Domestic Violence 33
ensure similar protections. Reflecting an intersectional approach, the Convention on
the Rights of Persons with Disabilities recognizes that women with disabilities face
multiple forms of discrimination and stipulates that States parties must ensure that a ll
persons with disabilities can effectively and fully participate in the conduct of public
affairs. 34 The International Convention on the Elimination of All Forms of Racial
Discrimination prohibits racial discrimination across all political, economic, social,
cultural or any other field of public life. 35
23. The four United Nations World Conferences on Women, held in Mexico (1975),
Copenhagen (1980), Nairobi (1985) and Beijing (1995), have shaped women’s roles
as equal actors in decision-making. In the Beijing Declaration and Platform for
Action, the participation of women in power and decision-making is identified among
the strategic objectives. Governments are called upon to remove all obstacles to
women’s full and equal share in economic, social, cultural and political decision making, so that power and responsibility are shared between women and men at home,
in the workplace and in the wider national and international communities. 36 In its
resolution 1325 (2000) and its subsequent resolutions, the Security Council urges
States to ensure the equal representation of women at all decision -making in conflict
prevention, management and resolution. Sustainable Development Goal targets 5.5
__________________
30
31
32
33
34
35
36
10/29
Convention on the Political Rights of Women, arts. 1 –3.
International Covenant on Civil and Political Rights, arts. 1 (1) and 3.
International Covenant on Economic, Social and Cultural Rights, art. 3.
European Convention on Human Rights, art. 14; American Convention on Human Rights, arts. 1
and 23; Inter-American Convention on the Prevention, Punishment and Eradication of Violence
against Women, arts. 4 and 5; African Charter on Human and Peoples’ Right s, arts. 2 and 13;
Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa,
art. 9; Charter of Fundamental Rights of the European Union, arts. 21, 23, 39, and 40; and
Council of Europe Convention on Preventing and Combating Violence against Women and
Domestic Violence, preamble and arts. 1 and 6.
Convention on the Rights of Persons with Disabilities, arts. 6 and 29.
International Convention on the Elimination of All Forms of Racial Discrimination, art. 5.
Beijing Declaration and Platform for Action, paras. 1, 190 and 192.
24-20036