Gender Parity in Electoral Lists

Sandra Cuevas Gurand

Xavier Muntaner Sitges
Rafael Skokani

Outline
Problmatique:
I.Judgment of the Spanish Constitutional Court
on provisions of the General Electoral Regime
(STC 12/2008)
II. Analysis of the case
III. Gender Parity in other Countries

Context
Constitutional Act of 22 March for Effective
Equality between Women and Men(22 March
2007)
amendment to the Law on the General Electoral
System of 1985
introducing a 40:60 equilibrium of both sexes for
purposes of political representation
Article 44 bis: minimum of 40% for either sex

May 2007 municipal elections: 39.4% women and

60.6% for men

Facts of the Case

Junta Electoral de Zona rejected the list of the
Partido Popular presented for the municipal
elections in Garachico
Reason: list did not conform with art. 44 Bis
Exclusively women

Procedural History
Rejection appealed to the Contentious-Administrative
Court of Santa Cruz de Tenerife on 4 may 2007
The Court asked the Tribunal Constitucional to rule on the
constitutionally of the article 44 bis

At the same time 50 deputies submitted a

constitutional challenge (recurso de
inconstitucionalidad) about the Second Additional
Disposition of the Constitutional Act for Effective
Equality between Women and Men (added Article 44
Bis to the Law on the General Electoral System)

Issue and Rule

Issue: Constitutionality of Article 44 bis /
additional disposition
Rule: Spanish Constitution, esp. articles
6: Political Parties as the expression of political
pluralism
9.2: Ensure freedom and equality of all citizens,
facilitate participation of all in political, economic,
cultural and social life
14: Prohibition of discrimination
22: Right of Association

Courts Analysis

Courts Conclusion

II. Analysis
Types of Equality: Equal Treatment,
Antisubordination, Equal Citizenship Neutrality
Equality for all: a different approach for gender?
Trying to reconcile the unity of sovereignty and
representation of specific portion of the population

The Discussion may be more important than the

final result

III. Gender parity in other countries

France
The law on parity (6 June 2000)
two-speed feminization
But more parity in governments

Law served to stimulate broader societal

discussion, even if not a perfect fix for equality of
gender representation

Conclusion

Sources