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