CEDAW/C/GC/40 and 16.7 are aimed at women’s full participation and leadership in political, economic and public decision-making, and progress towards those targets is tracked using representative metrics based on gender, age, disability and population group. 37 In the agreed conclusions adopted at its sixty-fifth session, the Commission on the Status of Women urged that action be taken to achieve the goal of fifty -fifty gender balance at all levels of elected positions. 38 Under action 8 of the Pact for the Future, States have undertaken to ensure women’s full and effective participation and equal opportunities for leadership at all levels of decision-making in political, economic and public life. 39 In action 19, it is recognized that the full, equal, safe and meaningful participation of women in decision-making at all levels of peace and security is essential to achieve sustainable peace. 40 In the Kigali Declaration, adopted at the 145th Assembly of the Inter-Parliamentary Union, parliaments committed to achieving parity in political decision-making. V. Obligations of States parties in relation to the equal and inclusive representation of women in decision-making systems A. General obligations to achieve the equal and inclusive representation of women in decision-making systems 1. Ensuring non-discrimination and substantive equality 24. The principles of non-discrimination and substantive equality are affirmed in articles 1 to 4. Non-discrimination is defined in article 1, while the obligations of legislative and other measures to achieve non-discrimination and substantive equality in all areas are enshrined in articles 2 and 3. Under article 4, it is established that temporary special measures to accelerate substantive equality shall not be considered a form of discrimination. In its general recommendation No. 25 (2004) on temporary special measures, the Committee explains that, under the non-discrimination obligation, States parties are required to ensure that there is no direct or indirect discrimination in their laws and that women are protected against discrimination in both the public and private spheres. In its general recommendation No. 28 (2010), the Committee clarifies that it is necessary to assess the de jure and de facto situation of women and implement policies for substantive equality, grounded in constitutional and legislative guarantees and supported by action plans. 25. In order to achieve substantive equality, in its general recommendation No. 5 (1988) on temporary special measures, the Committee urges States parties to use temporary special measures, such as positive action, preferential treatment or quota systems. Further examples of temporary special measures are specified in general recommendation No. 25. While temporary special measures are sometimes misunderstood to conflict with constitutional equality or merit-based systems, in general recommendation No. 25 (2004), the Committee clarifies that the non-identical treatment of women and men is sometimes necessary to address socially and culturally constructed inequalities that hamper a true merit-based system. The Committee underlines the need to establish a strong legal framework, including targeted permanent and temporary special measures, to prevent and address discrimination and ensure substantive equality in order to reach fifty -fifty parity in __________________ 37 38 39 40 24-20036 See https://sdgs.un.org/goals/goal16#targets_and_indicators. E/2021/27, chap. I.A. General Assembly resolution 79/1, para. 27 (b). Ibid., para. 40. 11/29

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