Women’s full
participation in political and electoral processes originates in the principles
of non-discrimination and equal enjoyment of political rights enshrined in the Universal
Declaration of Human Rights (UDHR)[1]
adopted in 1948, the Convention on the Political Rights
of Women (CPRW, 1952)[2]
and other regional conventions that explicitly state that the enjoyment of such
rights shall be without distinction of any kind, including sex or gender. A
number of international human rights instruments include provisions that
recognize women’s political rights, in light of the principles of
non-discrimination and equal enjoyment of rights.
Article 25 of the International
Covenant on Civil and Political Rights (ICCPR, 1966)[3]
enshrines the rights of all citizens to “take part in the conduct of public
affairs” and “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 electors.”
While the ICCPR
establishes that no discrimination on the basis of sex is permitted in the
exercise of the rights to vote and to participate in public life, the Convention
on the Elimination of all Forms of Discrimination against Women
(CEDAW, 1979)[4] goes
beyond this approach, by placing a positive obligation on States parties to
take all appropriate measures to end that discrimination, as stipulated in
Article 7:
“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 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.”
Furthermore, Article 4 of
the CEDAW encourages the use of temporary special measures (TSMs) to accelerate
the achievement of de facto equality,
in light of Article 7 of the Convention.
Women’s right to
participate fully in all facets of public life has continued to be a cornerstone
of UN resolutions and declarations. From the UN Economic and Social Council
Resolution (E/RES/1990/15), to the “Beijing Declaration
and Platform of Action” (1995)[5],
the Security
Council Resolution 1325 on Women, Peace and Security (2000)[6],
the “Commission on the
Status of Women Agreed Conclusions 2006”[7]
and the General
Assembly Resolution 66/130 on Women and political participation
(2011)[8],
governments have consistently been urged to implement measures to substantially
increase the number of women in elective and appointive public offices and
functions at all levels, with a view to achieving equal representation of women
and men, if necessary through positive action, in government and public
administration positions.
Sustainable Development Goal
5,
“achieve gender equality and empower all women and girls”, seeks 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”
(target 5.5.). Its indicators include the “proportion of seats held by women in
national parliaments and local governments” (5.5.1.) and the “proportion of
women in managerial positions” (5.5.2). Also, Sustainable Development Goal
16, “promote peaceful and inclusive societies for sustainable
development, provide access to justice for all and build effective, accountable
and inclusive institutions at all levels”, cannot be achieved without ensuring
equal opportunities for men and women to participate in politics and elections.[9]
Participation rights,
like all human rights, are for all people, regardless of gender identity or
sexual orientation. A number of declarations underline the importance of
guaranteeing the full enjoyment of human rights for LGBTI persons, including
the Yogyakarta
Principles (2007)[10]
and the Declaration
of Montreal (2006)[11].
Principle 25 of the Yogyakarta Principles recognizes the right of all citizens
“to take part in the conduct of public affairs, including the right to stand
for elected office, to participate in the formulation of policies affecting
their welfare, and to have equal access to all levels of public service […],
without discrimination on the basis of sexual orientation or gender identity.”
