Women in Political and Public Life



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) in Wilson, Rebekah ‘Western Region Report’.

15 Priya, S.K. “Asia Pacific Region” Report to the Working Group on the Issue of Discrimination Against Women in Law and in Practice (hereafter: “Priya, S.K. ‘Asia Pacific Report’”), citing a new image, typical of patriarchal discourse - a blushing bride, a mother sitting by the cradle, an elderly woman surrounded by numerous relatives, and a woman running her home.

16 Priya, S.K. ‘Asia Pacific Report’

17 Special Rapporteur on violence against women, its causes and its consequences, “Report of the Special Rapporteur” (A/HRC/17/26) 2 May 2011.

18 As stated in Wilson, Rebekah ‘Western Region Report’ with regards to women from BME groups.

19 Belgium CEDAW country report: 22/06/2007: (Page 100), as cited in Wilson, Rebekah ‘Western Region Report’.

20 Priya, S.K. ‘Asia Pacific Report’

21 Inter-American Convention on the Prevention, Punishment and Eradication of Violence Against Women “Convention Belem Do Para” June 1994.

22 Tripp, Aili Marie, “Women and Constitution-Making in Africa” Presentation to the Working Group, (10/3/2012)

23 Tripp, Aili Marie, “Women and Constitution-Making in Africa” Presentation to the Working Group, (10/3/2012)

24 Castillejo, Claire. “Women’s Political Participation and Influence in Sierra Leone” FRIDE Working Paper 83, June 2009.

25 UN Declaration on the Elimination of Violence Against Women, 1993. The Special Rapporteur on Violence against Women, its Causes, and Consequences, Rashida Manjoo, will devote her 2013 report to the issue of ‘state responsibility for eliminating violence against women’, highlighting the concept of due diligence.

26 IPU “The World of Parliaments” IPU Quarterly Review, December 2009, No 36.

27 Frances Raday, concept note definition

28 This provides in its preamble that there is a need “to reaffirm faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women.”

29 Providing in article 1 that, “All human beings are born free and equal in dignity and rights”. Article 2 to the enjoyment of the rights contained within the Declaration “without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.”

30 See, e.g., International Covenant on Civil and Political Rights, Articles 3 and 25 and General Comments 25, 28, and 34 of the Human Rights Committee; International Covenant on Economic, Social, and Cultural Rights, Article 3 and General Comments 16 and 20 of the Economic, Social and Cultural Rights Committee. In particular, Article 25 of the ICCPR states: “Every citizen shall have the right and the opportunity, without any of the distinctions mentioned in article 2 and without reasonable restrictions : a) To take part in the conduct of public affairs, directly or through freely chosen representatives ; b) To vote and to be elected at genuine periodic elections which shall be by universal and equal suffrage and shall be held by secret ballot, guaranteeing the free expression of the will of the electors ; c) To have access, on general terms of equality, to public service in his country”

31 Other human rights treaties tackling elements of discrimination against women include the 1967 Declaration on the Elimination of All Forms of Discrimination against Women, the Convention on the Rights of the Child, 1989, the Migrant Workers Convention, 1990, and the Convention on the Rights of Persons with Disabilities, 2006, provide for non-discrimination and gender equality before the law, as relevant to public and political life.

32 Seven UN member states have not signed or ratified the treaty, including Iran, Palau, Somalia, Sudan, South Sudan, Tonga and the United States.

33 See Articles 1 and 2 of CEDAW. CEDAW defines discrimination against women on the basis of sex and gender; systemic, past and present discrimination; direct and indirect; de jure and de facto; and examines key actions which discriminate, the causes and effects (see Art 1).

34 Article 7 explains: “States Parties shall take all appropriate measures to eliminate discrimination against women in the political and public life of the country and, in particular, shall ensure to women, on equal terms with men, the right: a) To vote in all elections and public referenda and to be eligible for election to all public elected bodies; b) To participate in the formulation of government policy and the implementation thereof and to hold public office and perform all public functions at all levels of government; c) To participate in non-governmental organizations and associations concerned with the public and political life of the country.”

35 Article 8 explains: “State Parties shall take all appropriate measures to ensure to women, on equal terms with men and without any discrimination, the opportunity to represent their Governments at the international level and to participate in the work of international organizations.”

36 See, generally, United Nations, Committee on the Elimination of Discrimination against Women, General Recommendation No. 23, Political and Public Life, HRI/GEN/1/Rev.6 at 260 (1997).

37 Committee on the Elimination of Discrimination against Women, General Recommendation 23 on political and public life (1997) paragraph 5.

38 Article 8 of the Convention on the Elimination of Discrimination against Women

39 United Nations, Committee on the Elimination of Discrimination against Women (CEDAW), General Recommendation 28 on the Core Obligations of States Parties under Article 2 of the Convention on the Elimination of Discrimination against Women, October 19, 2010, para. 22.

40 United Nations, Committee on the Elimination of Discrimination against Women (CEDAW), General Recommendation 28 on the Core Obligations of States Parties under Article 2 of the Convention on the Elimination of Discrimination against Women, October 19, 2010, para. 22.

41 United Nations, Committee on the Elimination of Discrimination against Women (CEDAW), GeneralRecommendation 28 on the Core Obligations of States Parties under Article 2 of the Convention on the Elimination of Discrimination against Women, October 19, 2010, paras. 6-9.

42 Mangubhal, Jayshree, Aloysius Irudayam, Emma Sydenham “Dalit Women’s Right to Political Participation in Rural Panchayati Raj: A Study of Gujarat and Tamil Nadu” IDEAS, Justitia et Pax, Equalinrights, 2009.

43 United Nations, Committee on the Elimination of Discrimination against Women (CEDAW), General Recommendation 25, Temporary Special Measures, UN Doc. CEDAW/C/2004/I/WP.1/Rev.1, 30 (2004)

44 United Nations, Committee on the Elimination of Discrimination against Women (CEDAW), General Recommendation 25, Temporary Special Measures, UN Doc. CEDAW/C/2004/I/WP.1/Rev.1, 30 (2004), para. 22.

45 IACHR, The Road to True Democracy: Women’s Political Participation in the Americas (2011); IACHR, Annual Report 1999, Considerations regarding the compatibility of affirmative action measures designed to promote the political participation of women with the principles of equality and non-discrimination, Chapter V. As cited in Celorio, Rosa ‘LAC report’.

46 United Nations, Committee on the Elimination of Discrimination against Women (CEDAW), General Recommendation 25, Temporary Special Measures, UN Doc. CEDAW/C/2004/I/WP.1/Rev.1, 30 (2004), paras. 12-13.

47 This paragraph on temporary special measures are the ideas of Eleanora, from the WG.

48 http://ec.europa.eu/justice/gender-equality/files/report_on_positive_action_final_en.pdf

49 G. Selanec, Gender quotas – Ensuring full equality in practice between men and women . Presentation in power point based on the draft o f the executive summary of the report “Positive Action Measures to Ensure Full Equality in Practice between Men and Women, including in Company Boards”, elaborated by European Network of Legal Experts in the Field of Gender Equality, http://www.lavoro.gov.it/NR/rdonlyres/8D50B01E-0A14-457D-9C7D--9B76E5A70F40/0/2011_11_25_5_Gender_Equality_Bodies_Selanec_25_11_11.pdf

50 See Sandra Fredman, ‘Reversing Discrimination’, 13 L. Q. R., p. 575 and Marc de Vos, Beyond Formal Equality – Positive Action under Directives 2000/43 and 2000/78, European Commission, 2007 available on http://www.migpolgroup.com/public/docs/‌14.Thematic_report_Beyond Formal Equality_EN_06.07.pdf

51 G. Selanec, Gender quotas – Ensuring full equality in practice between men and women , op.cit.

52 D. Dahlerup, Women, Quotas and Politics. London; Routledge 2006, p. 19-21 http://www.quotaproject.org/aboutQuotas.cfm

53 Three key themes of the Beijing Platform for Action support gender equality in public and political life in particular: a) Women in Power and Decision-Making; b) Institutional mechanisms for the advancement of women; and c) Women and the media.

54 Other relevant Agreed Conclusions of the CSW include 1999/2: Institutional mechanisms for the advancement of women; 2003/44: Participation in and access of women to the media, information and communication technologies and their impact on and use as an instrument for the advancement and empowerment of women; and 2006: Equal participation of women and men in decision-making processes at all levels.

55 UN Security Council ‘ Resolution 1325 (2000)’ 31 October 2000, (S/Res/1325/(2000)

56 Article 119 EEC Treaty, now Article 141 EC Treaty, in Wilson, Rebekah ‘Western Region Report’

57 Article 2 EC Treaty, in Wilson, Rebekah ‘Western Region Report’.

58 As stated in Wilson, Rebekah ‘Western Region Report’.

59 Wilson, Rebekah ‘Western Region Report’.

60 Athens Declaration 1992, available at http://www.eurit.it/Eurplace/diana/ateneen.html, as cited in Wilson, Rebekah ‘Western Region Report’.

61 As cited in Wilson, Rebekah ‘Western Region Report’.

62 IACHR, The Road to Substantive Democracy: Women’s Political Participation in the Americas (2011), para. 20; IACHR Annual Report 1999, Considerations Regarding the Compatibility of Affirmative Action Measures Designed to Promote the Political Participation of Women with the Principles of Equality and Non-Discrimination, Chap. VI, C.1., as cited in Celorio, Rosa ‘LAC report’.

63 See also, Article 28 of the Inter-American Democratic Charter, which provides that “States shall promote the full and equal participation of women in the political structures of their countries as a fundamental element in the promotion and exercise of a democratic culture.” The Inter-American Democratic Charter was approved at a first plenary session of the OAS General Assembly held on September 11, 2001 as cited in Celorio, Rosa ‘LAC report’.

64 Abi-Mershed, Elizabeth. “What does the [IACHR] system have to offer as a whole?” Presentation to the Working Group on Discrimination against Women in Law and in Practice.

65 See American Declaration of the rights and Duties of Man (1948), Articles II and XX; American Covention on Human Rights (1969), Articles 1.1 and 23.

66 Inter-American Democratic Charter. Adopted at the first plenary session of the OAS General Assembly, held September 11, 2001, Article 9. As stated in Celorio, Rosa ‘LAC report’.

67 Inter-American Democratic Charter. Adopted at the first plenary session of the OAS General Assembly, held September 11, 2001, Article 9.

68 Consensus of Quito (2007), resulting from the Tenth Regional Conference on Women in Latin America and the Caribbean. As cited by Celorio, Rosa ‘LAC report’.

69 For example, the Arab Charter on Human Rights 2008, The AICHR and the draft ASEAN Human Rights Declaration (AHRD) and the SAARC Convention on Combating and Prevention of Trafficking in Women and Children for Prostitution, as cited in Priya, S.K. ‘Asia Pacific Report’.

70 It states clearly in Article 3(3) that:” Men and women are equal in human dignity, in rights and in duties, within the framework of the positive discrimination established in favor of women by Islamic Shari’a and other divine laws, legislation and international instruments. Consequently, each State Party to the present Charter shall undertake all necessary measures to guarantee the effective equality between men and women.” Full text at: www1.umn.edu/humanrts/instree/arabcharter2.html, as cited in Priya, S.K. ‘Asia Pacific Report’.

71 In Article 3(1)

72 Article 11 states, “All persons are equal before the law and have a right to enjoy its protection without discrimination.”

73 Article 24 guarantees freedom of political activity and the right to gain access to public office to all citizens.

74 Article 33 states that violence within the family, especially to women and children, is prohibited.

75 One of the ten established committees of the Economic, Social and Cultural Council (ECOSOC) of the AU, as cited in Abdennebi-Abderrahim, Souad “African regional report” Report to the Working Group on discrimination against women in law and in practice (hereafter: ‘Abdennebi-Abderrahim, Souad ‘Africa Report’”)

76 Abdennebi-Abderrahim, Souad ‘Africa Report’.

77The main articles of the Maputo Protocol include the Elimination of discrimination against women; Right to dignity; Right to life, integrity and security of the person; Elimination of harmful practices (especially Female Genital Mutilation (FGM) and other traditional practices that are harmful to women); Marriage, separation, divorce and annulment of marriage; Access to justice and equal protection before the law; Right to Participation in the Political and Decision-Making; Process Right to Peace Protection of Women in Armed Conflicts; Right to Education and Training; Economic and Social Welfare Rights; Health and Reproductive Rights; Right to Food Security; Right to Adequate Housing; Right to Positive Cultural Context; Right to a Healthy and Sustainable Environment; Right to Sustainable Development ;Widows' Rights ; Right to Inheritance; Special Protection of Elderly Women; Special Protection of Women with Disabilities; Special Protection of Women in Distress; and Remedies. In Abdennebi-Abderrahim, Souad ‘Africa Report’.

78



79 Frances Raday, concept note definition

80 10/7/12 (Application No 58369/10 ECHR Decision), as cited in Wilson, Rebekah “Western region report”

81 Frances Raday, concept note definition

82 Irving, Helen, “Where Have All the Women Gone? Gender and the Literature on Constitutional Design” Sydney Law School, Legal Studies Research Paper, No 10/50 (May 2010)

83 Irving, Helen, “Where Have All the Women Gone? Gender and the Literature on Constitutional Design” Sydney Law School, Legal Studies Research Paper, No 10/50 (May 2010)

84 Irving, Helen, “Where Have All the Women Gone? Gender and the Literature on Constitutional Design” Sydney Law School, Legal Studies Research Paper, No 10/50 (May 2010)

85 Hirshl, Ran and Shackar, Ayelet, “Constitutional Transformation, Gender Equality and Conflict in Israel” in Beverly Baines and Ruth Rubio-Marin, eds. The Gender of Constitutional Jurisprudence, Cambridge: Cambridge University Press.

86 Waylen, Georgina, Engendering Transitions: Women’s Mobilization, Institutions, and Gender Outcomes, Oxford, New York: Oxford University Press (2007), pg. 538

87 Baines, Beverly & Rubio-Marin, Ruth, “Introduction: Towards a Feminist Constitutional Agenda” in The Gender of Constitutional Jurisprudence, Beverly Baines and Ruth Rubio-Marin, eds. Cambridge: Cambridge University Press (2005), pg. 9

88 Baldez, Lisa, Epstein, Lee, and Martin, Andrew. “Does the US Constitution Need an Equal Rights Amendment?” Journal of Legal Studies, 35: 243-283 (2006).

89 This section of the report highlights constitution-making and reform more generally; while section 5 highlights the particular issues of constitution-making during times of political transition.

90 Morgan, Martha. “How constitution-making, interpretation, and implementation can contribute to protecting and promoting women’s rights” Remarks to the Working Group, October 3, 2012.

91 This corresponds with Irving’s conception of a ‘whole constitution approach’. Irving, Helen (2010)

92 UNIFEM, ‘Engendering Constitutions: Gender Equality Provisions in Selected Constitutions” November 2007

93 Morgan, Martha. “How constitution-making, interpretation, and implementation can contribute to protecting and promoting women’s rights” Remarks to the Working Group, October 3, 2012.

94 UNIFEM, ‘Engendering Constitutions: Gender Equality Provisions in Selected Constitutions” November 2007

95 UNIFEM, ‘Engendering Constitutions: Gender Equality Provisions in Selected Constitutions” November 2007

96 AWC “Women Gains in the Proposed Constitution of Kenya” April 2010.

97 UNIFEM, ‘Engendering Constitutions: Gender Equality Provisions in Selected Constitutions” November 2007

98 UNIFEM, ‘Engendering Constitutions: Gender Equality Provisions in Selected Constitutions” November 2007

99 UNIFEM, ‘Engendering Constitutions: Gender Equality Provisions in Selected Constitutions” November 2007

100 Morgan, Martha. “How constitution-making, interpretation, and implementation can contribute to protecting and promoting women’s rights” Remarks to the Working Group, October 3, 2012.

101 Lucas, Laura E. “Does gender specificity in constitutions matter?” Duke Journal of Comparative & International Law, Vol 20: 133.

102 Lucas, Laura E. “Does gender specificity in constitutions matter?” Duke Journal of Comparative & International Law, Vol 20: 133.

103 This paragraph is from Wilson, Rebekah ‘Western Region Report’.

104 Sixth periodic Report of Greece to the Committee (01/07/2005) (Page 15), as cited in Wilson, Rebekah ‘Western Region Report’

105 Greek submissions to the OHCHR: 9/01/12 (Page 1), as cited in Wilson, Rebekah ‘Western Region Report’

106 (articles 4(2) and 116(2))

107 Article 11, Belgium CEDAW country report: 22/06/2007 (Page 61), as cited in Wilson, Rebekah ‘Western Region Report’

108 See text of Constitution of Bolivia, 2009, http://pdba.georgetown.edu/Constitutions/Bolivia/bolivia09.html, as cited in Celorio, Rosa ‘LAC report’.

109 See text of Constitution of Ecuador, 2008, http://pdba.georgetown.edu/Constitutions/Ecuador/english08.html

110 See Articles 65, 116, 176, and 434 of Constitution of Ecuador (2008), as cited in Celorio, Rosa ‘LAC report’.

111 See Article 108 of Constitution of Ecuador (2008).

112 Solanda Goyes, Quelal, Specialist of Agora Democrática/International IDEA, Ecuador, Real Equality as a Normative Principle and Parity as a Right: The Case of Ecuador, in A Citizen’s Democracy: Visions and Debates from the Perspective of Women’s Rights in the Americas (2012), pp. 218-227.

113 This case study comes from Progress of the World’s Women, In Pursuit of Justice, 2012.

114See National Plan on Gender Equality, Peru, August 2012, available at: http://www.mimdes.gob.pe/index.php?option=com_content&view=article&id=2272&Itemid=170, as cited in Celorio, Rosa ‘LAC report’.

115 UNDP, Enhancing Women’s Political Participation: A Policy Note for Europe and CIS, Bratislava 2009.

116 Frances Raday, concept note definition
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