Participación política e igualdad. Paridad en listas electorales en España
The purpose of this paper is the study of the application of the principle of equality between women and men in the field of political participation as a tool in the construction of gender. We make an enquiry into the basis of parity and into its relation to real equality and affirmative action....
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| Format: | Article |
| Language: | Spanish |
| Published: |
2020
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=7631167 |
| Source: | Revista de Derecho, Empresa y Sociedad (REDS), ISSN 2340-4647, Nº. 16, 2020, pags. 163-196 |
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| Summary: |
The purpose of this paper is the study of the application of the principle of equality
between women and men in the field of political participation as a tool in the construction of gender.
We make an enquiry into the basis of parity and into its relation to real equality and affirmative action.
After providing a definition of its nature and its general framework, we analyze how parity is
recognized and what guarantees are provided by the different regulatory levels.Then, we focus on the
main objections raised by gender parity in elections, which, in our case, refers to balanced participation
of men and women. Among the various arguments used, some are quite obvious, as it is the fact that
parity amounts to a limitation on political parties’ freedom. This does neither necessarily mean that it is
inadmissible under the Constitution, as the Constitutional Court itself has declared, nor that is is not
advisable, as it is being proposed in a variety of forums in recent years. We conclude with an
assessment of the current regulation and of the practical effectiveness of the legal system established in
Spain. The political parties themselves, perhaps not so much because of a deeper awareness of the
legitimacy of our democracy, but because of the more immediate object of obtaining electoral votes,
have assumed the gender quota in a broader electoral support strategy. In other cases, political parties
meet the legal requirements exclusively because of the coercive nature of the rule. In the one case as in
the other, adherence to the rule in practice often reveals a lack of real political will. The above leads
them to place women in spaces with less power, including the last positions of each group of five on the
electoral rolls. In the first places, we find more women on the Senate and European Parliament electoral
rolls and less on the Congress one. The different relevance of the different legislative chambers supports
our view in this paper: generally speaking, the political parties have complied with the rules but
calculating the effects on each district. The results have been uneven, but no substantial increase in the
number of female candidates on the voting lists has been noticeable, since Organic Law 3/2007, of 22
May, for effective equality between men and women was passed. |
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