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.”