| General
Recommendation No. 23 - Political and public life
(Sixteenth session, 1997)
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 referendums and to be eligible for
election to all publicly 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.
Background
1. The Convention on the Elimination of All Forms of Discrimination
against Women places special importance on the participation of
women in the public life of their countries. The preamble to the
Convention states in part:
"Recalling
that discrimination against women violates the principles of equality
of rights and respect for human dignity, is an obstacle to the
participation of women, on equal terms with men, in the political,
social, economic and cultural life of their countries, hampers
the growth of the prosperity of society and the family and makes
more difficult the full development of the potentialities of women
in the service of their countries and of humanity".
2. The Convention
further reiterates in its preamble the importance of women's participation
in decision-making as follows:
"Convinced
that the full and complete development of a country, the welfare
of the world and the cause of peace require the maximum participation
of women on equal terms with men in all fields".
3. Moreover,
in article 1 of the Convention, the term "discrimination against
women" is interpreted to mean:
"any
distinction, exclusion or restriction made on the basis of sex
which has the effect or purpose of impairing or nullifying the
recognition, enjoyment or exercise by women, irrespective of their
marital status, on a basis of equality of men and women, of human
rights and fundamental freedoms in the political, economic, social,
cultural, civil or any other field".
4. Other conventions,
declarations and international analyses place great importance on
the participation of women in public life and have set a framework
of international standards of equality. These include the Universal
Declaration of Human Rights[1], the International Covenant on Civil
and Political Rights[2], the Convention on the Political Rights
of Women[3], the Vienna Declaration[4], paragraph 13 of the Beijing
Declaration and Platform for Action[5], General Recommendations
5 and 8 under the Convention[6], General Comment 25 adopted by the
Human Rights Committee[7], the recommendation adopted by the Council
of the European Union on balanced participation of women and men
in the decision-making process [8] and the European Commission's
"How to Create a Gender Balance in Political Decision-making".
[9]
5. Article 7
obliges States parties to take all appropriate measures to eliminate
discrimination against women in political and public life and to
ensure that they enjoy equality with men in political and public
life. The obligation specified in article 7 extends to all areas
of public and political life and is not limited to those areas specified
in subparagraphs (a), (b) and (c). The political and public life
of a country is a broad concept. It refers to the exercise of political
power, in particular the exercise of legislative, judicial, executive
and administrative powers. The term covers all aspects of public
administration and the formulation and implementation of policy
at the international, national, regional and local levels. The concept
also includes many aspects of civil society, including public boards
and local councils and the activities of organizations such as political
parties, trade unions, professional or industry associations, women's
organizations, community-based organizations and other organizations
concerned with public and political life.
6. The Convention
envisages that, to be effective, this equality must be achieved
within the framework of a political system in which each citizen
enjoys the right to vote and be elected at genuine periodic elections
held on the basis of universal suffrage and by secret ballot, in
such a way as to guarantee the free expression of the will of the
electorate, as provided for under international human rights instruments,
such as article 21 of the Universal Declaration of Human Rights
and article 25 of the International Covenant on Civil and Political
Rights.
7. The Convention's
emphasis on the importance of equality of opportunity and of participation
in public life and decision-making has led the Committee to review
article 7 and to suggest to States parties that in reviewing their
laws and policies and in reporting under the Convention, they should
take into account the comments and recommendations set out below.
Comments
8. Public and private spheres of human activity have always been
considered distinct, and have been regulated accordingly. Invariably,
women have been assigned to the private or domestic sphere, associated
with reproduction and the raising of children, and in all societies
these activities have been treated as inferior. By contrast, public
life, which is respected and honoured, extends to a broad range
of activity outside the private and domestic sphere. Men historically
have both dominated public life and exercised the power to confine
and subordinate women within the private sphere.
9. Despite women's
central role in sustaining the family and society and their contribution
to development, they have been excluded from political life and
the decision-making process, which nonetheless determine the pattern
of their daily lives and the future of societies. Particularly in
times of crisis, this exclusion has silenced women's voices and
rendered invisible their contribution and experiences.
10. In all nations,
the most significant factors inhibiting women's ability to participate
in public life have been the cultural framework of values and religious
beliefs, the lack of services and men's failure to share the tasks
associated with the organization of the household and with the care
and raising of children. In all nations, cultural traditions and
religious beliefs have played a part in confining women to the private
spheres of activity and excluding them from active participation
in public life.
11. Relieving
women of some of the burdens of domestic work would allow them to
engage more fully in the life of their communities. Women's economic
dependence on men often
prevents them from making important political decisions and from
participating actively in public life. Their double burden of work
and their economic dependence, coupled with the long or inflexible
hours of both public and political work, prevent women from being
more active.
12. Stereotyping,
including that perpetrated by the media, confines women in political
life to issues such as the environment, children and health, and
excludes them from responsibility for finance, budgetary control
and conflict resolution. The low involvement of women in the professions
from which politicians are recruited can create another obstacle.
In countries where women leaders do assume power this can be the
result of the influence of their fathers, husbands or male relatives
rather than electoral success in their own right.
Political
systems
13. The principle of equality of women and men has been affirmed
in the constitutions and laws of most countries and in all international
instruments. Nonetheless, in the last 50 years, women have not achieved
equality, and their inequality has been reinforced by their low
level of participation in public and political life. Policies developed
and decisions made by men alone reflect only part of human experience
and potential. The just and effective organization of society demands
the inclusion and participation of all its members.
14. No political
system has conferred on women both the right to and the benefit
of full and equal participation. While democratic systems have improved
women's opportunities for involvement in political life, the many
economic, social and cultural barriers they continue to face have
seriously limited their participation. Even historically stable
democracies have failed to integrate fully and equally the opinions
and interests of the female half of the population. Societies in
which women are excluded from public life and decision-making cannot
be described as democratic. The concept of democracy will have real
and dynamic meaning and lasting effect only when political decision-making
is shared by women and men and takes equal account of the interests
of both. The examination of States parties' reports shows that where
there is full and equal participation of women in public life and
decision-making, the implementation of their rights and compliance
with the Convention improves.
Temporary
special measures
15. While removal of de jure barriers is necessary, it is not sufficient.
Failure to achieve full and equal participation of women can be
unintentional and the result of outmoded practices and procedures
which inadvertently promote men. Under article 4, the Convention
encourages the use of temporary special measures in order to give
full effect to articles 7 and 8. Where countries have developed
effective temporary strategies in an attempt to achieve equality
of participation, a wide range of measures has been implemented,
including recruiting, financially assisting and training women candidates,
amending electoral procedures, developing campaigns directed at
equal participation, setting numerical goals and quotas and targeting
women for appointment to public positions such as the judiciary
or other professional groups that play an essential part in the
everyday life of all societies. The formal removal of barriers and
the introduction of temporary special measures to encourage the
equal participation of both men and women in the public life of
their societies are essential prerequisites to true equality in
political life. In order, however, to overcome centuries of male
domination of the public sphere, women also require the encouragement
and support of all sectors of society to achieve full and effective
participation, encouragement which must be led by States parties
to the Convention, as well as by political parties and public officials.
States parties have an obligation to ensure that temporary special
measures are clearly designed to support the principle of equality
and therefore comply with constitutional principles which guarantee
equality to all citizens.
Summary
16. The critical issue, emphasized in the Beijing Platform for Action,5
is the gap between the de jure and de facto, or the right as against
the reality of women's participation in politics and public life
generally. Research demonstrates that if women's participation reaches
30 to 35 per cent (generally termed a "critical mass"),
there is a real impact on political style and the content of decisions,
and political life is revitalized.
17. In order
to achieve broad representation in public life, women must have
full equality in the exercise of political and economic power; they
must be fully and equally involved in decision-making at all levels,
both nationally and internationally, so that they may make their
contribution to the goals of equality, development and the achievement
of peace. A gender perspective is critical if these goals are to
be met and if true democracy is to be assured. For these reasons,
it is essential to involve women in public life to take advantage
of their contribution, to assure their interests are protected and
to fulfil the guarantee that the enjoyment of human rights is for
all people regardless of gender. Women's full participation is essential
not only for their empowerment but also for the advancement of society
as a whole.
The right
to vote and to be elected (article 7, para. (a))
18. The Convention obliges States parties in constitutions or legislation
to take appropriate steps to ensure that women, on the basis of
equality with men, enjoy the right to vote in all elections and
referendums, and to be elected. These rights must be enjoyed both
de jure and de facto.
19. The examination
of the reports of States parties demonstrates that, while almost
all have adopted constitutional or other legal provisions that grant
to both women and men the equal right to vote in all elections and
public referendums, in many nations women continue to experience
difficulties in exercising this right.
20. Factors
which impede these rights include the following:
(a) Women
frequently have less access than men to information about candidates
and about party political platforms and voting procedures, information
which Governments and political parties have failed to provide.
Other important factors that inhibit women's full and equal exercise
of their right to vote include their illiteracy, their lack of
knowledge and understanding of political systems or about the
impact that political initiatives and policies will have upon
their lives. Failure to understand the rights, responsibilities
and opportunities for change conferred by franchise also means
that women are not always registered to vote;
(b) Women's
double burden of work, as well as financial constraints, will
limit women's time or opportunity to follow electoral campaigns
and to have the full freedom to exercise their vote;
(c) In many
nations, traditions and social and cultural stereotypes discourage
women from exercising their right to vote. Many men influence
or control the votes of women by persuasion or direct action,
including voting on their behalf. Any such practices should be
prevented;
(d) Other
factors that in some countries inhibit women's involvement in
the public or political lives of their communities include restrictions
on their freedom of movement or right to participate, prevailing
negative attitudes towards women's political participation, or
a lack of confidence in and support for female candidates by the
electorate. In addition, some women consider involvement in politics
to be distasteful and avoid participation in political campaigns.
21. These factors
at least partially explain the paradox that women, who represent
half of all electorates, do not wield their political power or form
blocs which would promote their interests or change government,
or eliminate discriminatory policies.
22. The system
of balloting, the distribution of seats in Parliament, the choice
of district, all have a significant impact on the proportion of
women elected to Parliament. Political parties must embrace the
principles of equal opportunity and democracy and endeavour to balance
the number of male and female candidates.
23. The enjoyment
of the right to vote by women should not be subject to restrictions
or conditions that do not apply to men or that have a disproportionate
impact on women. For example, limiting the right to vote to persons
who have a specified level of education, who possess a minimum property
qualification or who are literate is not only unreasonable, it may
violate the universal guarantee of human rights. It is also likely
to have a disproportionate impact on women, thereby contravening
the provisions of the Convention.
The right to
participate in formulation of government policy (article 7, para.
(b))
24. The participation of women in government at the policy level
continues to be low in general. Although significant progress has
been made and in some countries equality has been achieved, in many
countries women's participation has actually been reduced.
25. Article
7 (b) also requires States parties to ensure that women have the
right to participate fully in and be represented in public policy
formulation in all sectors and at all levels. This would facilitate
the mainstreaming of gender issues and contribute a gender perspective
to public policy-making.
26. States parties
have a responsibility, where it is within their control, both to
appoint women to senior decision-making roles and, as a matter of
course, to consult and incorporate the advice of groups which are
broadly representative of women's views and interests.
27. States parties
have a further obligation to ensure that barriers to women's full
participation in the formulation of government policy are identified
and overcome. These barriers include complacency when token women
are appointed, and traditional and customary attitudes that discourage
women's participation. When women are not broadly represented in
the senior levels of government or are inadequately or not consulted
at all, government policy will not be comprehensive and effective.
28. While States
parties generally hold the power to appoint women to senior cabinet
and administrative positions, political parties also have a responsibility
to ensure that women are included in party lists and nominated for
election in areas where they have a likelihood of electoral success.
States parties should also endeavour to ensure that women are appointed
to government advisory bodies on an equal basis with men and that
these bodies take into account, as appropriate, the views of representative
women's groups. It is the Government's fundamental responsibility
to encourage these initiatives to lead and guide public opinion
and change attitudes that discriminate against women or discourage
women's involvement in political and public life.
29. Measures
that have been adopted by a number of States parties in order to
ensure equal participation by women in senior cabinet and administrative
positions and as members of government advisory bodies include:
adoption of a rule whereby, when potential appointees are equally
qualified, preference will be given to a woman nominee; the adoption
of a rule that neither sex should constitute less than 40 per cent
of the members of a public body; a quota for women members of cabinet
and for appointment to public office; and consultation with women's
organizations to ensure that qualified women are nominated for membership
in public bodies and offices and the development and maintenance
of registers of such women in order to facilitate the nomination
of women for appointment to public bodies and posts. Where members
are appointed to advisory bodies upon the nomination of private
organizations, States parties should encourage these organizations
to nominate qualified and suitable women for membership in these
bodies.
The right to
hold public office and to perform all public functions (article
7, para. (b))
30. The examination of the reports of States parties demonstrates
that women are excluded from top-ranking positions in cabinets,
the civil service and in public administration, in the judiciary
and in justice systems. Women are rarely appointed to these senior
or influential positions and while their numbers may in some States
be increasing at the lower levels and in posts usually associated
with the home or the family, they form only a tiny minority in decision-making
positions concerned with economic policy or development, political
affairs, defence, peacemaking missions, conflict resolution or constitutional
interpretation and determination.
31. Examination
of the reports of States parties also demonstrates that in certain
cases the law excludes women from exercising royal powers, from
serving as judges in religious or traditional tribunals vested with
jurisdiction on behalf of the State or from full participation in
the military. These provisions discriminate against women, deny
to society the advantages of their involvement and skills in these
areas of the life of their communities and contravene the principles
of the Convention.
The right to
participate in non-governmental and public and political organizations
(article 7, para. (c))
32. An examination
of the reports of States parties demonstrates that, on the few occasions
when information concerning political parties is provided, women
are under-represented or concentrated in less influential roles
than men. As political parties are an important vehicle in decision-making
roles, Governments should encourage political parties to examine
the extent to which women are full and equal participants in their
activities and, where this is not the case, should identify the
reasons for this. Political parties should be encouraged to adopt
effective measures, including the provision of information, financial
and other resources, to overcome obstacles to women's full participation
and representation and ensure that women have an equal opportunity
in practice to serve as party officials and to be nominated as candidates
for election.
33. Measures
that have been adopted by some political parties include setting
aside for women a certain minimum number or percentage of positions
on their executive bodies, ensuring that there is a balance between
the number of male and female candidates nominated for election,
and ensuring that women are not consistently assigned to less favourable
constituencies or to the least advantageous positions on a party
list. States parties should ensure that such temporary special measures
are specifically permitted under anti-discrimination legislation
or other constitutional guarantees of equality.
34. Other organizations
such as trade unions and political parties have an obligation to
demonstrate their commitment to the principle of gender equality
in their constitutions, in the application of those rules and in
the composition of their memberships with gender-balanced representation
on their executive boards so that these bodies may benefit from
the full and equal participation of all sectors of society and from
contributions made by both sexes. These organizations also provide
a valuable training ground for women in political skills, participation
and leadership, as do non-governmental organizations (NGOs).
Article 8
(international level)
States 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.
Comments
35. Under article 8, Governments are obliged to ensure the presence
of women at all levels and in all areas of international affairs.
This requires that they be included in economic and military matters,
in both multilateral and bilateral diplomacy, and in official delegations
to international and regional conferences.
36. From an
examination of the reports of States parties, it is evident that
women are grossly under-represented in the diplomatic and foreign
services of most Governments, and particularly at the highest ranks.
Women tend to be assigned to embassies of lesser importance to the
country's foreign relations and in some cases women are discriminated
against in terms of their appointments by restrictions pertaining
to their marital status. In other instances spousal and family benefits
accorded to male diplomats are not available to women in parallel
positions. Opportunities for women to engage in international work
are often denied because of assumptions about their domestic responsibilities,
including that the care of family dependants will prevent them accepting
appointment.
37. Many Permanent
Missions to the United Nations and to other international organizations
have no women among their diplomats and very few at senior levels.
The situation is similar at expert meetings and conferences that
establish international and global goals, agendas and priorities.
Organizations of the United Nations system and various economic,
political and military structures at the regional level have become
important international public employers, but here, too, women have
remained a minority concentrated in lower-level positions.
38. There are
few opportunities for women and men, on equal terms, to represent
Governments at the international level and to participate in the
work of international organizations. This is frequently the result
of an absence of objective criteria and processes for appointment
and promotion to relevant positions and official delegations.
39. The globalization
of the contemporary world makes the inclusion of women and their
participation in international organizations, on equal terms with
men, increasingly important. The integration of a gender perspective
and women's human rights into the agenda of all international bodies
is a government imperative. Many crucial decisions on global issues,
such as peacemaking and conflict resolution, military expenditure
and nuclear disarmament, development and the environment, foreign
aid and economic restructuring, are taken with limited participation
of women. This is in stark contrast to their participation in these
areas at the non-governmental level.
40. The inclusion
of a critical mass of women in international negotiations, peacekeeping
activities, all levels of preventive diplomacy, mediation, humanitarian
assistance, social reconciliation, peace negotiations and the international
criminal justice system will make a difference. In addressing armed
or other conflicts, a gender perspective and analysis is necessary
to understand their differing effects on women and men. [10]
RECOMMENDATIONS
Articles
7 and 8
41.States parties should ensure that their constitutions and legislation
comply with the principles of the Convention, and in particular
with articles 7 and 8.
42.States parties
are under an obligation to take all appropriate measures, including
the enactment of appropriate legislation that complies with their
Constitution, to ensure that organizations such as political parties
and trade unions, which may not be subject directly to obligations
under the Convention, do not discriminate against women and respect
the principles contained in articles 7 and 8.
43.States parties
should identify and implement temporary special measures to ensure
the equal representation of women in all fields covered by articles
7 and 8.
44.States parties
should explain the reason for, and effect of, any reservations to
articles 7 or 8 and indicate where the reservations reflect traditional,
customary or stereotyped attitudes towards women's roles in society,
as well as the steps being taken by the States parties to change
those attitudes. States parties should keep the necessity for such
reservations under close review and in their reports include a timetable
for their removal.
Article 7
45.Measures that should be identified, implemented and monitored
for effectiveness include, under article 7, paragraph (a), those
designed to:
(a)Achieve
a balance between women and men holding publicly elected positions;
(b)Ensure
that women understand their right to vote, the importance of this
right and how to exercise it;
(c)Ensure
that barriers to equality are overcome, including those resulting
from illiteracy, language, poverty and impediments to women's
freedom of movement;
(d)Assist
women experiencing such disadvantages to exercise their right
to vote and to be elected.
46.Under article
7, paragraph (b), such measures include those designed to ensure:
(a)Equality
of representation of women in the formulation of government policy;
(b)Women's
enjoyment in practice of the equal right to hold public office;
(c)Recruiting
processes directed at women that are open and subject to appeal.
47.Under article
7, paragraph (c), such measures include those designed to:
(a)Ensure
that effective legislation is enacted prohibiting discrimination
against women;
(b)Encourage
non-governmental organizations and public and political associations
to adopt strategies that encourage women's representation and
participation in their work.
48.When reporting
under article 7, States parties should:
(a)Describe
the legal provisions that give effect to the rights contained
in article 7;
(b)Provide
details of any restrictions to those rights, whether arising from
legal provisions or from traditional, religious or cultural practices;
(c)Describe
the measures introduced and designed to overcome barriers to the
exercise of those rights;
(d)Include
statistical data, disaggregated by sex, showing the percentage
of women relative to men who enjoy those rights;
(e)Describe
the types of policy formulation, including that associated with
development programmes, in which women participate and the level
and extent of their participation;
(f)Under article
7, paragraph (c), describe the extent to which women participate
in non-governmental organizations in their countries, including
in women's organizations;
(g)Analyse
the extent to which the State party ensures that those organizations
are consulted and the impact of their advice on all levels of
government policy formulation and implementation;
(h)Provide
information concerning, and analyse factors contributing to, the
under-representation of women as members and officials of political
parties, trade unions, employers' organizations and professional
associations.
Article 8
49.Measures which should be identified, implemented and monitored
for effectiveness include those designed to ensure a better gender
balance in membership of all United Nations bodies, including the
Main Committees of the General Assembly, the Economic and Social
Council and expert bodies, including treaty bodies, and in appointments
to independent working groups or as country or special rapporteurs.
50.When reporting
under article 8, States parties should:
(a)Provide statistics, disaggregated by sex, showing the percentage
of women in their foreign service or regularly engaged in international
representation or in work on behalf of the State, including membership
in government delegations to international conferences and nominations
for peacekeeping or conflict resolution roles, and their seniority
in the relevant sector;
(b)Describe efforts to establish objective criteria and processes
for appointment and promotion of women to relevant positions and
official delegations;
(c)Describe steps taken to disseminate widely information on the
Government's international commitments affecting women and official
documents issued by multilateral forums, in particular, to both
governmental and non-governmental bodies responsible for the advancement
of women;
(d)Provide information concerning discrimination against women because
of their political activities, whether as individuals or as members
of women's or other organizations.
More
details of General Recommendations
1-10, 11-18,
19, 20,
21, 22,
23, 24,
25
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