public life, including during times of political transitions. The... Consultancy: Consultant:

Consultancy: Working Group on the issue of discrimination against women in law and in practice

Consultant: Rosa Celorio

Final Product: Study related to discrimination against women in law and in practice in political and public life, including during times of political transitions. The study will focus on the situation in Latin

America and the Caribbean, and examines the issue since 1980, when the Convention on the

Elimination of All Forms of Discrimination against Women (CEDAW) entered into force.

I. Introduction

This study examines the issue of discrimination against women in law and practice in public and political life in the Latin America and Caribbean Region. It seeks to provide a general overview of the main advances, challenges, and best practices in this realm between 1980 and the present, from the viewpoint of legislation and its adoption, reform, and implementation since the entry into force of the Convention on the Elimination of All Forms of Discrimination against Women

(hereinafter CEDAW). All of these issues will be examined from a human rights and gender equality perspective, referencing the applicable human rights network at the universal and regional levels outlining State obligations in the areas of discrimination, equality, and participation in public and political life.

This study in particular provides an assessment of women’s political participation in significant times of transition in Latin America and the Caribbean due to the opportunities and risks these moments provide for women. Women have been historically discriminated in Latin America and the Caribbean, as in the rest of the world, which has exposed them to numerous human rights violations; a risk which is accentuated in times of political transition.

1 However, it is important to note that these transitions have also created important spaces for women to participate in processes related to democracy, peace, and constitution building, and to mobilize in the pursuit of their human rights needs in the public agenda, as will be discussed in later sections.

This paper is divided in six parts. Part I describes the scope of this study, countries covered, and the author’s understanding of the concept of political transition. This section also provides an overview of the applicable international human rights law framework and principles; and crosscutting themes within the issue of women’s participation in public and political life. Part II offers a general overview of the participation of women in political and public life in Latin and the Caribbean between 1980 and the present, offering a snapshot of the main advances, best practices, and persistent challenges. Part III discusses the main achievements and best practices in the adoption and elimination of laws which directly or indirectly discriminate against women in political and public life in the past three decades, and also persistent challenges and lessons learned. Part IV focuses

1 See, United Nations, Study of the Secretary General, Ending Violence against Women: From Words to Action ,

Chapter III: the Context and Causes of Violence against Women, 2006; United Nations Women, Progress of the World’s

Women: In Pursuit of Justice (2011-2012), Introduction; World Development Report, World Bank, Gender Equality and

Development , paras.

13-22; IACHR, The Work, Education, and Resources of Women, The Road to Equality in

Guaranteeing Economic, Social and Cultural Rights , OEA/Ser.L/V/II.143 Doc. 59, November 3, 2011, Executive Summary paras.

2, 4 and 8; United Nations , Beijing Declaration and Platform for Action , Fourth World Conference on Women,

September 15, 1995, A/CONF.177/20 (1995) and A/CONF.177/20/Add.1 (1995), paras. 17 and 30. See also generally,

InterAmerican Commission on Human Rights (hereinafter “IACHR”), Report on the Status of Women in the Americas

(1998).

1

on the issue of political participation in times of political transition, analyzing wom en’s role in these processes, using as case examples the transitions from dictatorship to democracy in Argentina and

Brazil; instances of transitional justice in Guatemala and Peru; the change of political party in office in Mexico in July 2, 2000; the election of first time female heads of State in Chile, Jamaica, and

Trinidad and Tobago; moments of substantial constitutional reform in Bolivia and Ecuador; and coups d’états and their impact on women in Honduras and Haiti.

Part V of this study offers conclusions, and a summary of best practices. Part VI also includes some recommendations oriented to different actors, such as States, political parties, United

Nations entities, and regional organizations. This study also contains an annex describing the use of statistics, facts, and figures in this study, and the sources used.

A. Scope of Study i. Issues to be examined and the concept of political transitions

In its overview of women’s role in public and political life in Latin America and the Caribbean, this study will examine the issue of discrimination against women from a human rights perspective, referring to different layers of State obligations in the realms of legislation, public policies, and programs, and the role of non-state actors such as political parties. Some of the issues examined include: the adoption and implementation of laws; advances, best practices, and challenges; dichotomies between the national and local levels; groups at particular risk to their human rights violations; persistent forms of discrimination against women which impede the full guarantee of their right to equality in all aspects of political and public life; and how these problems manifest themselves in times of political transition.

The author will also look at two dimensions of political participation throughout this study. One is quantitative, which entails examining the number of women participating in the executive, legislative, and judicial branches, and other sectors and spaces. The other is representation of women’s issues in the public agenda. The author considers – based on the applicable regional human rights framework – that these two dimensions are crucial for the respect, promotion, and fulfillment of women’s right to participation in public and political life, free from all forms of discrimination.

When examining the issue of political transitions, the author defines this term broadly throughout this study.

Political transitions are understood to encompass changes in a country’s legal regime or political system; peace-building and transitional justice after an armed conflict; the change of political parties in office; the firsttime election of female heads of State; coups d’état and their aftermath; and paramount moments of constitutional reform. These moments may or may not provide women with spaces to have a voice in the political, economic, social, and legal developments of their countries, as will be exemplified throughout this paper.

2 ii. Latin America and the Caribbean: Political history, tendencies, and transitions

The countries that will be covered in this particular study integrate the region of Latin

America and the Caribbean. In this regard, the author will use as a reference the United Nations

2 See, as reference, Submissions to Working Group on Discrimination against Women from Amnesty

International and UN Women (Transitional Justice).

2

geographical divide for this region – referred to as GRULAC – which is composed of 33 countries.

3

Throughout this report, the author will be referring to specific case examples from these countries to illustrate advances, challenges, best practices, and lessons learned in the spheres of discrimination, and women’s political and public participation.

It is important to note from the onset that most Latin American and Caribbean countries have democratically-elected governments in the present, with some exceptions.

4 In the case of Latin

American countries in particular, a wave of democratization has affected the region for the past 30 years, bringing about an important transition from repressive and dictatorship-style regimes.

5 These have set the stage for women’s incursion into politics, and their increased election into democratically-elected positions, the consolidation of political parties, as well as notable processes of Constitutional reform in countries such as Bolivia and Ecuador.

6

The region however, has been affected by well-known internal armed conflicts and their aftermath since 1980, for example, in countries such as Peru, Guatemala, and El Salvador.

7

Additionally, a fifty-year old armed conflict persists in Colombia, with a significant impact on women and girls.

8 Other countries of the region have suffered notable coups d’états since 1980, including

Haiti and Honduras.

9 The recent impeachment and ousting of the President of Paraguay, Fernando

Lugo, has also drawn international criticism.

10

3 The GRULAC includes the countries of Antigua and Barbuda; Argentina; Bahamas; Barbados; Belize; Bolivia;

Bolivian Republic of Venezuela; Brazil; Chile; Colombia; Costa Rica; Cuba; Dominica; Dominican Republic; Ecuador; El

Salvador; Grenada; Guatemala; Guyana; Haiti; Honduras; Jamaica; Jamaica; Mexico; Nicaragua; Panama; Paraguay;

Peru; Saint Kitts and Nevis; Saint Lucia; Saint Vincent and the Grenadines; Suriname; Trinidad and Tobago; and Uruguay.

For more information, you can refer to: http://www.un.org/Depts/DGACM/RegionalGroups.shtml

4 For example, Cuba is a socialist State with significant restrictions of political rights. The author notes that Cuba has a very unique situation in Latin America, as it is a country still grappling with the effects of the Cuban Revolution under the leadership of Fidel Castro during the 1950’s. For more information, see Report presented by Cuba before Human

Rights Council, during Universal Periodic Review Process (2009); analysis of restrictions of political rights codified in its political system in IACHR, Annual Report, Chapter IV: Cuba (2004); and Constitution of 1976 with reforms of 2002 in http://pdba.georgetown.edu/Constitutions/Cuba/cuba.html

. Puerto Rico, for its part, it is still a territory of the United

States, even though it has its own democratically-elected government and political system. For more information, see http://www2.pr.gov/Pages/default.aspx

5 See, generally, National Autonomous University of Mexico, Institute of Judicial Investigation, Political and

Electoral Reform in Latin America 1978-2007: A Regional Comparative Study (2008); Frances Hagopian and Scott P.

Main Waring, Editors, The Third Wave of Democratization in Latin America, Advances and Setbacks , Cambridge

University Press (2005).

6 See, generally, Institute for Democracy and Electoral Assistance (IDEA), 30 Years of Democracy: Riding the

Wave? Women’s Political Participation in Latin America (2008); ECLAC, Women’s Contribution to Equality in Latin

America and the Caribbean , Tenth Regional Conference on Women in Latin America and the Caribbean, Quito, August 6,

2007; IACHR, The Road to Substantive Democracy: Women’s Political Participation in the Americas (2011).

7 See, generally, Reports of the Truth Commissions formed to document the human rights violations committed in the context of the armed conflicts in Guatemala, Perú, and El Salvador, available at: http://www.derechoshumanos.net/lesahumanidad/informes/elsalvador/informe-de-la-locura-a-la-esperanza.htm

; http://www.cverdad.org.pe/ifinal/index.php

; http://shr.aaas.org/guatemala/ceh/report/english/toc.html.

8 See, generally, IACHR, Annual Report, 2011, Chapter IV: Colombia; IACHR, Violence and Discrimination against Women in the Armed Conflict in Colombia , OEA/Ser.L/V/II. Doc. 67, October 18, 2006.

9 See, generally., IACHR, The Right of Women in Haiti to be Free from Violence and Discrimination ,

OEA/Ser.L/V/II Doc. 64, March 10, 2009; Preliminary Observations of the Inter-American Commission on Human Rights on its Visit to Honduras (May 15 - 18, 2010); Honduras: Human Rights and Coup d’Etat (2009).

10 See, IACHR, Press Release, The IACHR Expresses Concern over the Ousting of the President of Paraguay ,

June 23, 2012, available at: http://www.oas.org/en/iachr/media_center/PReleases/2012/072.asp

3

The countries of Latin America are also still affected by a range of social and economic issues, with an avid impact on the exercise of the rights of women in public and political life.

11 The region is still plagued by significant levels of poverty; urban and rural violence; forms of inequality and inequity; limits to the freedom of expression; the exclusion of certain groups from decisionmaking and from basic human rights and civil liberties; corruption at all levels of the State apparatus; and persistent levels of impunity for most human rights violations.

12 In the realm of politics, there is a persistent need to strengthen electoral management bodies and political parties to solidify the current democratic regimes.

13 Most countries of the region are still working to solidify their legal frameworks and their adequate implementation, and the response, institutionality, and independence of their administration of justice systems.

14 The formation of regional intergovernmental organizations, such as the Organization of American States, and free trade zones such as MERCOSUR, has been instrumental in the region in advancing the goal of representative and inclusive democracies.

15

It is key to understand the different political history of the English-Speaking Caribbean when compared to Latin America. One of the most important political transitions English-speaking countries had was when they gained independence from the United Kingdom during the past 50 years.

16 Their democracies have been relatively stable, they have been free from military interference in government affairs in contrast to Latin American countries, and the processes of decolonization were often joined by the drafting of independence constitutions.

17 Many of these countries are currently affected though by high levels of poverty; elevated degrees of police violence and insecurity; and weak state institutions, including their justice system.

18 Regional intergovernmental organizations – such as CARICOM and the Organization of Eastern Caribbean

States – have been instrumental in strengthening the political and legal systems in the region, and the regional integration of these countries.

19

11 See, generally, UNDP, Regional Human Development Report for Latin America and the Caribbean, Acting on the Future: Breaking the Intergenerational Transmission of Inequality (2010); Economic Commission for Latin America and the Caribbean (hereinafter “ECLAC”), Achieving the Millenium Development Goals with Equality in Latin America and the

Caribbean: Progress and Challenges (2010): IACHR, Annual Reports 2007-2012, Introduction.

12 See, generally, UNDP, Regional Human Development Report for Latin America and the Caribbean, Acting on the Future: Breaking the Intergenerational Transmission of Inequality (2010); Economic Commission for Latin America and the Caribbean (hereinafter “ECLAC”), Achieving the Millenium Development Goals with Equality in Latin America and the

Caribbean: Progress and Challenges (2010): IACHR, Annual Reports 2007-2012, Introduction.

13 See, generally, IACHR, The Ro ad to Substantive Democracy: Women’s Political Participation in the Americas

(2011).

14 See, Annual Reports, IACHR, 2007-2012, Introduction; IACHR, Access to Justice for Women Victims of Sexual

Violence in Mesoamerica (2011); IACHR, Access to Justice for Women Victims of Violence in the Americas (2007).

15 For more information on the Organization of American States, see http://www.oas.org/en/default.asp

. For more information on MERCOSUR, see http://www.mercosur.int/

16 See, generally, historical overview in Social Science Research Council, Conflict Prevention and Peace Forum,

Constitutional Reform in the English-Speaking Caribbean: Challenges and Prospects , January 2011.

17

See, generally, historical overview in Social Science Research Council, Conflict Prevention and Peace Forum,

Constitutional Reform in the English-Speaking Caribbean: Challenges and Prospects , January 2011; University of West

Indies, Institute of International Relations, Caribbean Regional Integration , April 2011; Port-of –Spain Consensus on

Transformational Leadership for Gender Equality, Caribbean Regional Colloquium on Women Leaders as Agents of

Change, Port of Spain, Trinidad and Tobago, June 28-30, 2011.

18 See, generally, Caribbean Human Development Report, Human Development and the Shift to Better Citizen

Security , 2012; UNDP, Regional Report on the Achievement of the Millenium Development Goals in the Caribbean

Community , September 2004; IACHR, Report on the Human Rights Situation of Jamaica , August 23, 2012.

19 For more information on CARICOM, see http://www.caricom.org

and on the OECS see http://www.oecs.org/

4

In this particular study, the author has chosen a range of political transitions to study in Latin

America and the Caribbean from the perspective of women, discrimination, and their participation and political life. The region of Latin America and the Caribbean is still feeling the political, social, and economic impacts of these transitions today, which increases their significance and legacy.

The author will first be looking at the transition from repressive regimes to democracy in

Latin American countries, using as case examples the cases of Argentina and Brazil, and how women were involved in the overthrow of these regimes and in the democracy-building process. It will then examine the transition from armed conflicts, and peace-building in Guatemala and Peru and how women’s interests and needs were incorporated in the post-conflict period, in the work of

Truth Commissions, and in the peace-building processes. The study will also look closely at the case of Mexico which distinguished itself as a country by having the same political party in office for more than 70 years, a situation which changed on July 2, 2000. The author will also review briefly several more recent coups d’états in Honduras and Haiti, as an example of the fragility of the democracies in the region, and as an illustration of the risks that women and the organizations which represent them still face in times of political crisis.

Additionally, one of the most important developments in the Latin America and Caribbean region from a gender-perspective has been the election of first-time female presidents and prime ministers, and some of these leaders have become international figures. The author considers interesting to study how these women rose to power, and whether their election has opened opportunities for women to participate in public and political life. Lastly, another key transition that the author has selected to study are recent moments of constitutional reform in Bolivia and Ecuador, which have culminated with key text relevant to women’s rights issues.

B. Analysis and interpretation of the applicable human rights framework in the region to understand discrimination against women in the areas of political participation and public life

There are two interrelated sets of human rights obligations which are relevant to women’s participation in public and political life. One is the content of the obligations not to discriminate and to guarantee equality contained in paramount international and regional human rights treaties which have been widely ratified by the countries of Latin America and the Caribbean. The second are the standards these treaties set in regards to the content of the duties to respect, protect, and fulfill the right of women to participate in public and political life.

The right to equality and the prohibition of discrimination

CEDAW is a leading instrument in this regard, as it has been ratified by most Latin American and Caribbean countries. By ratifying CEDAW, these countries have committed themselves to eradicate all forms of discrimination against women.

20 The definition of discrimination contained in

Article 1 of CEDAW encompasses any difference in treatment made on the basis of sex, which intentionally or in practice, places women in a position of disadvantage, and impairs the full recognition of their rights in the public and private spheres. This prohibition of discrimination extends to spheres which are paramount to the life of women and to the full exercise of their civil, political, economic, social, and cultural rights, including the areas of public and political participation and representation, education, employment, health care, marriage and family relations. The

CEDAW Committee has also underscored that the definition of discrimination contained in CEDAW includes gender-based violence, in all of its forms, which demands actions from the State to exercise due diligence in its prevention, investigation, judgment, and sanction.

21

20 See Articles 1 and 2 of CEDAW.

21 United Nations, Committee on the Elimination of Discrimination against Women (CEDAW), General

5

There are several principles contained in CEDAW and in the General Recommendations issued by the CEDAW Committee that are relevant to mention to understand the scope of the rights to equality, and the prohibition of discrimination against women.

22 It is also important to interpret these in combination with the dispositions of other international treaties such as the International

Covenant on Civil and Political Rights and the International Covenant on Economic, Social, and

Cultural Rights and the General Comments of their respective treaty-monitoring organs, 23 as well as the regional obligations ratified by most Latin American and Caribbean states pertaining to the prohibition of discrimination on the basis of sex and to the guarantee of equality.

24

Recommendation 19, Violence against Women , U.N. Doc. HRI/GEN/1//Rev.1, p. 84, para. 11 (1994); United Nations,

Committee on the Elimination of Discrimination against Women (CEDAW), General Recommendation 28 on the Core

Obligations of States Parties under Article 2 of the Convention on the Elimination of Discrimination against Women ,

October 19, 2010, para. 19.

22 See CEDAW Articles 1-5, 7, and 8, and General Recommendations 28, 25, 23 of the CEDAW Committee.

23 See, e.g., International Covenant on Civil and Political Rights, Articles 3 and 26 and General Comments 25,

28, and 34 of the Human Rights Committee; International Covenant on Economic, Social, and Cultural Rights, Article 3 and General Comments 16 and 20 of the Economic, Social and Cultural Rights Committee.

24 See, e.g., American Declaration of the Rights and Duties of Man, Article II and others; American Convention on

Human Rights, Articles 1.1, 23 and 24; Inter-American Convention on the Prevention, Punishment, and Eradication of

Violence against Women ( hereinafter “Convention of Belém do Pará”), Articles 4 and 7, and others.

The American Declaration

– signed in 1948 by all Latin American and Caribbean countries which are part of the

Organization of American States and the Inter-American System of Human Rights - includes an important catalog of civil, political, economic, social, and cultural rights which are very relevant to the problem of discrimination against women.

Article II of the Amer ican Declaration provides that “[a]ll persons are equal before the law and have the rights and duties established in this Declaration, without distinction as to race, sex, language, creed or any other factor.” The American

Declaration also recognizes the right to life (Article I); a women’s right to protection during pregnancy and the nursing period, and children’s right to protection (Article VII); the right to preservation of health and well ‐ being (Article XI); the right to education (Article XII); the right to the benefits of culture (Article XIII); the right to work and to fair remuneration (Article

XV); the right to social security (Article XVI); and the right to vote and to participate in government (Article XX).

The American Convention

– adopted on 1969 - is the main governing treaty of the Inter-American System of

Human Rights and outlines a series of States’ obligations with pertinence to the problem of discrimination against women; including the duty of States to act with due diligence towards these acts; and the obligation to ensure an adequate and effective access to justice. Among its most important dispositions, Article 1(1) of the American Convention establishes the general obli gation of States to respect and ensure the rights established in the Convention, “without any discrimination for reasons of race, color, sex, language, religion, political or other opinion, national or social origin, economic status, birth, or any other so cial condition.” Other fundamental articles for the guarantee of the rights of women to live free from discrimination are the judicial protection and guarantees contained in Articles 8(1) and 25 of said instrument; the right to humane treatment and to personal integrity enshrined in Article 5; the rights to honor and dignity and to privacy contained in Article 11; and the right to life provided for by Article 4. Article 24 of the American Convention provides that “[a]ll persons are equal before the law. Consequently, they are entitled, without discrimination, to equal protection of the law.”

Article 17 of the American Convention also recognizes the equality of rights of spouses during marriage, and in the event of its dissolution; and the general right to protection of the family. As of September 25, 2012, only 24 OAS Member States of 35 are State parties to the American Convention.

The Convention of Belém do Pará, adopted in 1994 - is the product of a hemispheric concern over the gravity of the problem of violence against women, the connection between that problem and the discrimination that women continue to endure throughout the Americas, and the need for States to adopt comprehensive strategies to prevent, punish, and eradicate violence against women. Some features of this Convention are particularly noteworthy for the issue of political participation, including its broad definition of violence against women (Article 1); its recognition of the relationship between gender-based violence and discrimina tion (Article 6); the nullifying effect of violence against women on other women’s rights (Article 4); the duty to act with due diligence to prevent, investigate, sanction and offer reparations to violence against women (Article 7); the increased risk to violence of certain groups of women by reason of their race, ethnic background, status as migrants, refugees, or displaced persons, for being pregnant or disabled; for facing unfavorable economic conditions; for being affected by an armed conflict or being deprived of their liberty (Article 9). It also recognizes the critical link between an adequate access to justice and violence against women.

6

The CEDAW Committee understands gender equality as a principle which provides that “all human beings, regardless of sex, are free to develop their personal abilities, pursue their professional careers and make choices without the limitations set by stereotypes, rigid gender roles and prejudices.” 25 States must pursue this aim by adopting an immediate, comprehensive, multisector policy oriented towards the elimination of discrimination against women.

26

This layer of obligations also entails for State parties the duty to adopt measures to respect, protect, and fulfill all the rights contained in CEDAW at the national level.

27 The obligation to respect mandates State parties to refrain from adopting laws, policies, regulations, programs, administrative procedures and institutional structures that directly or indirectly result in the denial of women’s equal enjoyment of their civil, political, economic, social and cultural rights. The obligation to protect requires that State parties protect women against discrimination by private actors, and take steps directly aimed at eliminating customs and all other practices that prejudice and perpetuate the notion of inferiority or superiority of either of the sexes, and of stereotyped roles for men and women.

28 The obligation to fulfill requires that State parties take steps to ensure that women and men enjoy equal rights de jure and de facto , including, where appropriate, the adoption of temporary special measures.

29 On another level, States have an obligation to take into account the intersection of forms of discrimination that women may face by virtue of their race, ethnic origin, religion, sexual orientation, gender identity, and other factors, since not all women are affected the same way by discrimination.

30

Discrimination may occur when States fail to adopt the needed legislative measures to ensure the full realization of women’s rights, to promulgate policies aimed to achieve equality between men and women, and the failure to enforce relevant laws. It can also occur when a “law, policy, program, or practice appears to be neutral as it relates to men and women, but has a discriminatory effect in practice on women, because pre ‐ existing inequalities are not addressed by the apparently neutral measure.” 31 Women under CEDAW must also be protected against discrimination committed by public authorities, the judiciary, organizations, and enterprises.

32 The


Recommendation 28 on the Core Obligations of States Parties under Article 2 of the Convention on the Elimination of

Discrimination against Women , October 19, 2010, para. 22.









Discrimination against Women , October 19, 2010, paras. 6-9.









Discrimination against Women , October 19, 2010, paras. 16.




7

obligations contained in CEDAW also extend to the regulation of the activities of private actors in the areas of education, employment, health policies and practices, banking and housing.

33 The

CEDAW Committee has also underscored the right to access justice and accountability mechanisms when these rights have been violated.

Lastly, it is important to underscore that under Article 4 of CEDAW, States can adopt temporary measures aimed at accelerating the equal participation of women in the political, economic, social, cultural, and civil spheres. The CEDAW Committee’s definition of these measures is broad, as they encompass “a wide variety of legislative, executive, administrative and other regulatory instruments, policies and practices, such as outreach or support programs; allocation and/or reallocation of resources; preferential treatment; targeted recruitment, hiring and promotion; numerical goals connected with time frames; and quota systems.” 34 The Inter-American

Commission on Human Rights, for its part, has affirmed that special temporary measures may be required to achieve women’s de facto equality with men, and that such measures are in full compliance with the principle of nondiscrimination and human rights standards.

35 The author notes though the importance for States of recognizing the diffe rence between the “temporary” nature of these special measures, and general policies that a State must adopt to ensure gender equality, as the former must be discontinued after their desired results have been achieved.

36

The right to participate in public and political life

Article 7 of CEDAW gives expression to several paramount rights of women in the field of political participation, including their right to be elected to public office, to fully participate in the public functions and service in their countries, and the right to vote. This right must be read in combination with Article 8, which provides that States must ensure that women can have the opportunity to represent their governments at the international level, and to participate in the work of international organizations free from any form of discrimination.

The CEDAW Committee – in its General Recommendation 23 - has also identified a set of obligations States have in order to fully guarantee women’s rights to political participation, including the adoption of general positive measures and temporary special measures to ensure that women have the right to participate fully in public policy formulation in senior level positions; that their right to vote is incorporated in their constitutions and/or legislation; that groups representing the rights of women have adequate participation spaces; to address public attitudes that discriminate against women and discourage their involvement in political, and public life; and to ensure the presence of women in all areas of international affairs.

37 Key organizations involved in the political life of countries such as political parties and trade unions are also prohibited from discriminating against women in this realm.

38



Discrimination against Women , October 19, 2010, para. 12-13.


Recommendation 25, Temporary Special Measures, UN Doc. CEDAW/C/2004/I/WP.1/Rev.1, 30 (2004), para. 22.

35 IACHR, The Road to

True Democracy: Women’s Political Participation in the Americas

(2011); IACHR, Annual

Report 1999, Considerations regarding the compatibility of affirmative action measures designed to promote the political participation of women with the principles of equality and non-discrimination , Chapter V.


Recommendation 25, Temporary Special Measures, UN Doc. CEDAW/C/2004/I/WP.1/Rev.1, 30 (2004), paras. 12-13.

37 See, generally, United Nations, Committee on the Elimination of Discrimination against Women, General

Recommendation No. 23, Political and Public Life , HRI/GEN/1/Rev.6 at 260 (1997).

8

General Comment 25, in its interpretation of Article 25 of the ICCPR 39 also adds that “no distinctions are permitted in the enjoyment of these rights between citizens, on the grounds of race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

” 40 States must also ensure that all persons that have the right to vote can fully exercise that right and that political parties should respect the prohibition of any form of discrimination contained in Article 25 of the ICCPR.

The Inter-American System of Human Rights has also recognized the right of every citizen to participate in government and public affairs as a fundamental right which must be exercised free from all forms of discrimination and in accordance with the principle of equality.

41 Article 23 of the

American Convention codifies the right of every citizen to take part in the conduct of public affairs, directly or through freely chosen representatives; to vote and to be elected in genuine periodic elections; and to have access under general conditions of equality to the public service of his or her country. Also, the C onvention of Belém do Pará recognizes the right of women to have equal access to the public services of their countries and to take part in the conduct of public affairs.

42

Both the Inter-American Commission and the Court – the two main organs of the Inter-

American System of Human Rights – have pronounced on the scope of these rights as pertinent to

Latin American and Caribbean countries. Both bodies have underscored that any limitations on the right to participate in government must be justified by objective and reasonable criteria, by their necessity in a democratic society, and by proportionality.

43 These obligations also entail for a

State a positive obligation to generate the conditions for political rights to be exercised, and to guarantee the existence of effective and adequate judicial remedies when political rights are violated.

44

The Inter-American Commission has also underscored the indivisibility and interdependence of the exercise of women’s civil and political rights, with their economic, social, and cultural rights.

45

38 See, generally, United Nations, Committee on the Elimination of Discrimination against Women, General

Recommendation No. 23, Political and Public Life , HRI/GEN/1/Rev.6 at 260 (1997).

39 Article 25 of the ICCPR provides that:

Every citizen shall have the right and the opportunity, without any of the distinctions mentioned in article 2 and without unreasonable restrictions: (a) To take part in the conduct of public affairs, directly or through freely chosen representatives; (b) 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 will of the electors; (c) To have access, on general terms of equality, to public service in his country.

40 United Nations, Human Rights Committee, General Comment No. 25, Participation in Public Affairs and the

Right to Vote , U.N. Doc. HRI/GEN/1/Rev.7 at 194 (1996), para. 3.

41 IACHR,

The Road to Substantive Democracy: Women’s Political Participation in the Americas

(2011), para. 20;

IACHR Annual Report 1999, Considerations Regarding the Compatibility of Affirmative Action Measures Designed to

Promote the Political Participation of Women with the Principles of Equality and Non-Discrimination, Chap. VI, C.1.

42 See also, Article 28 of the Inter-American Democratic Charter, which provides that “States shall promote the full and equal participation of women in the political structures of their countries as a fundamental element in the promotion and exercise of a democratic culture.” The Inter-American Democratic Charter was approved at a first plenary session of the OAS General Assembly held on September 11, 2001.

43 IACHR, Merits Report No. 98/03, Statehood Solidarity Committee (United States), December 29, 2003, para.

87; I/A Court H.R., Case of Yatama v. Nicaragua , Preliminary Objections, Merits, Reparations and Costs. Judgment of

June 23, 2005. Series C No. 127, para. 207.

44 I/A Court H.R., Case of Yatama v. Nicaragua . Preliminary Objections, Merits, Reparations and Costs.

Judgment of June 23, 2005, Series C No. 127, para. 195; IACHR, Report on the Merits No. 119/99, Case 11.428, Susana

Higushi Miyagawa (Peru), October 6, 1999, para. 54.

9

The guarantee of women’s right to exercise paramount economic, social, and cultural rights such as the right to education, to employment, and to health, and the eradication of poverty, is a fundamental condition for them to be able to participate in the public and political life of their countries.

46

C. Cross-cutting themes

The author notes that there are several cross-cutting themes which pertain to the respect, promotion, and fulfillment of women’s rights in general, particularly in the areas of discrimination and public and political participation, that will be included in the analysis throughout this study.

Even though this study is focused on the issue of public and political participation, the connection of civil and political rights, with economic, social and cultural rights cannot be overstated.

The guarantee of the full exercise by women of their rights to education, a decent and quality employment, and to access and control of economic resources, are often preconditions for women to be able to participate in the political life of their countries. At the same time, this issue is closely linked to the duty of States to eradicate all forms of discriminatory practices, patterns of behavior, and stereotypes which promote the inferior treatment of women in society, and the cultural perception that the political space is only fit for their male counterparts. Some of the most important practices that need to be addressed are the disproportionate burden of child-rearing and family responsibilities on w omen, which is challenging to reconcile with women’s increasing insertion into the workplace in Latin America and the Caribbean. This demands from the States on the one hand the creation of options for women to reconcile family and work responsibilities, and on the other, the adoption of measures to promote a better balance of responsibilities in the home.

The widespread and pervasive nature of violence against women – as an extreme form of discrimination - impairs and nullifies the exercise of all women’s rights, including their right to participate in the public and political life of their countries. Exercising due diligence to prevent, investigate, sanction, and offer reparations for violence against women is parcel to the obligations of

States to safeguard women’s rights to political participation. The problem of violence and discrimination in general also has a particularly alarming impact on women who have been the subject of multiple forms of discrimination on the basis of more than one factor historically, which translates into a still limited participation in public affairs, and the access to the economic resources and the institutional support to do so.

When discussing the issue of political participation, it is also paramount to take into consideration the need for women to access a judicial remedy when they are subjected to forms of discrimination.

The impunity for women’s rights violations and the absence of accountability mechanisms promotes their repetition, and fuel additional social discrimination against women.

Lastly, when assessing the issue of political participation, the author considers key to go beyond the numbers, exploring all facets of women’s incidence in public affairs. As discussed earlier, w omen’s incursion in the public agenda on the one hand can be assessed with the number of them which are holding decision-making positions in the executive, legislative and judicial branches, political parties, and other sectors. But it can also be measured by the presence of gender equality issues in the public agenda, and the amount of resources destined to implement the existing legislation, public policies, programs, and services, oriented to advance different facets of the rights of women.

45 See, generally, IACHR, The Work, Education, and Resources of Women, The Road to Equality in

Guaranteeing Economic, Social, and Cultural Rights (2011).

46 See, generally, IACHR, The Work, Education, and Resources of Women, The Road to Equality in

Guaranteeing Economic, Social, and Cultural Rights (2011).

10

II. General overview of the participation of women in political and public life in the region of Latin America and the Caribbean since 1980: main advances, best practices, and challenges

Main advances and best practices

The author notes that the region of Latin America and the Caribbean has made significant strides in increasing women’s political participation since the adoption of CEDAW in 1980. The achievements are noteworthy in the area of numbers, but also in the reflection of priority women’s rights issues such as discrimination and violence in legislation, public policies, and programs in the region.

A key indicator in this regard is the election of female Presidents and Prime Ministers for the past 30 years in a number of countries in the region.

47 Currently five women occupy the positions of

President and Prime Minister in different countries in Latin America, and the Caribbean, which is one of the largest numbers worldwide for female heads of State and Government for a region.

48

In the executive branch, there has also been a significant increase in the number of women who have been appointed as Ministers.

49 Several countries as of January 1, 2012, had percentages larger than 20% of women in Ministerial Positions, including Nicaragua (46.2%), Bolivia

(45.5%), Ecuador (40%), Venezuela (37.8%), Colombia (33.3%), and Guyana (29.%).

50 Different regional entities have documented how the percentage of women in Ministerial Positions has risen significantly over the past ten years.

51

T he author also notes the incorporation of “parity” and gender equality as principles to guide cabinet-level appointments in several countries.

52 For example, Michelle Bachelet, upon being

47 For example, in Latin American and Caribbean countries a number of women have served historically as

Presidents and Prime Ministers, including Violeta Chamorro – Nicaragua (1990); Janet Jagan – Guyana (1997); Mireya

Elisa Moscoso

– Panama (1999); Michelle Bachelet – Chile (2006); Cristina Kirchner – Argentina (2007); Laura Chinchilla

– Costa Rica (2010); Portia Simpson Miller – Jamaica (2006, 2011); Kamla Persad-Bissesar – Trinidad and Tobago

(2010); and Dilma Rousseff

– Brazil (2010).

48 See, UN Women and Inter-American Parliamentary Union, Women in Politics: 2012 (January 1, 2012), available at: http://www.ipu.org/english/surveys.htm#MAP2012 . The women currently holding these positions are: Cristina

Kirchner – Argentina; Laura Chinchilla – Costa Rica; Portia Simpson Miller – Jamaica; Kamla Persad-Bissesar – Trinidad and Tobago; and Dilma Rousseff – Brazil.

49 For more analysis, see Institute for Democracy and Electoral Assistance (IDEA), 30 Years of Democracy:

Riding the Wave? Women’s Political Participation in Latin America (2008), p. 10; United Nations International Research and Training Institute for the Advancement of Women (UN-INSTRAW), Experiences from Latin America: Quota

Mechanisms for Women’s Political Participation

, 2006, p. 7; Elba Luna, Vivian Roza, and Gabriela Vega, The Road to

Power: Latin American Women Ministers 1950-2007 , Inter-American Development Bank, Program for the Support of

Women’s Leadership and Representation (PROLEAD), 2008; Eglé Iturbe de Blanco, “Women: Power and Development in

Latin America,” University of Saint Thomas Law Journal, 2008, María Escobar-Lemmon, Michelle M. Taylor Robinson,

“Women Ministers in Latin American Government: When, Where and Why?,” American Journal of Political Science, Vol.

49, No. 4, October 2005; ECLAC, Women’s Contribution to Equality in Latin America and the Caribbean , Tenth Regional

Conference on Women in Latin America and the Caribbean, Quito, August 6, 2007, p. 42.

50 UN Women and Inter-American Parliamentary Union, Women in Politics: 2012 (January 1, 2012).

51 See, generally, Elba Luna, Vivian Roza, and Gabriela Vega, The Road to Power: Latin American Women

Ministers 1950-2007 , Inter-

American Development Bank, Program for the Support of Women’s Leadership and

Representation (PROLEAD), 2008. See also , IACHR, The Road to Substantive Democracy: Women’s Political

Participation in the Americas (2011), para. 68.

52 IACHR, Report on the Rights of Women in Chile: Equality in the Family, Labor and Political Spheres ,

OEA/Ser.L/V/II.134 Doc. 63, March 27, 2009, para. 105.

11

elected president in Chile in 2006, promoted a gender parity policy to address the underrepresentation of women in the political sphere.

53 She appointed a cabinet in which approximately half of the Ministers were women.

54 The policy was also applied to appointments to the offices of the under secretaries and the provincial governor’s offices.

55 President Rafael Correa, in Ecuador, also incorporated the principle of gender equality in his cabinet-level appointments upon assuming office in 2007, which resulted in the appointment of 18 women ministers.

56 President Evo Morales in Bolivia, has also implemented a parity policy in his cabinet during his second presidential term, resulting in the appointment of 50% of women as Ministers.

In the legislative branch, several countries of the region show significant numbers of women being elected for upper- and lower-chamber positions. According to the Inter-Parliamentary Union and UN Women, the Americas – which includes Latin America and the Caribbean - have one of the highest percentages of female members in parliament in the world, at 22.5%, only surpassed by

Nordic Europe.

57 The Latin America and Caribbean countries with the highest percentages of women’s legislative representation are Cuba (45.2%), Nicaragua (40.2%), Costa Rica (38.6%);

Argentina (37.4%); Ecuador (32.3%); Guyana (31.3%); and Trinidad and Tobago (28.6%).

58 The

Inter-American Development Bank has also noted that the number of women elected to parliaments in the region has increased from an average of 5% in 1990, to 20% in 2010.

59 In the English-

Speaking Caribbean, between the period of 1987-2000, the presence of women in Parliament increased in the Bahamas, Barbados, Belize, Jamaica, Suriname, Trinidad and Tobago, Antigua and Barbuda, St. Kitts and Nevis, Suriname, Grenada, and Saint Lucia.

60 Between 2000 and 2006,

Bahamas, Antigua and Barbuda, Trinidad and Tobago, Grenada, Cuba, St. Vincent and

Grenadines, Jamaica, St. Lucia, the Turks and Caicos Islands, and Guyana continued to experience an increase in Parliamentary seats held by women.

61

In the judicial branch, women have been appointed to positions as Supreme Court Justices in several countries. According to the Gender Equality Observatory for Latin America and the

Caribbean of the Economic Commission for Latin America and the Caribbean (“ECLAC”), on 2010,







56 IACHR, The Road to Substantive Democracy:

Women’s Political Participation in the Americas

(2011), para. 69, referring to Response of the Ecuadorian State to the IACHR questionnaire regarding advances and challenges in the area of women’s political participation, June 16, 2009.

57 See, UN Women and InterAmerican Parliamentary Union (“IPU”), Women in Politics: 2012 (January 1, 2012);

IPU, Women in National Parliaments (situation as of July 31, 2012).



59 See, Inter-American Development Bank, Gender Equality by the Numbers (Women’s Political Participation), available at: http://www.iadb.org/en/topics/gender-indigenous-peoples-and-african-descendants/gender-equality-in-thenumbers,2714.html

(last checked on September 13, 2012).

60 ECLAC, Women’s Political Participation and Gender Parity in Decision-Making at All Levels in the Caribbean,

Tenth Regional Conference on Women in Latin America and the Caribbean, Quito, Ecuador, August 6-9, 2007,

LC/CAR/L.129 (CRM.10/7), July 30, 2007, p. 7.

61 ECLAC, W omen’s Political Participation and Gender Parity in Decision-Making at All Levels in the Caribbean,


LC/CAR/L.129 (CRM.10/7), July 30, 2007, p. 7.

12

the highest tribunal of the majority of Latin American and Caribbean countries had at least one women serving as a Judge, Magistrate, or Minister, with the exception of Panama and Uruguay.

62

This progress in numbers has also been joined by the creation of a number of government institutions, and mechanisms to address forms of discrimination against women, with pertinence to their public and political participation. Some of the best examples are the establishment in most of the countries of Ministries, Secretariats, and B ureaus devoted to women’s rights issues, having an incidence in the development of legislation, public policies, and government interventions in this area.

63 Specialized units have also been created in several countries inside systems for the administration of justice to address gender concerns.

64 Countries such as Costa Rica, El Salvador,

Guatemala, and Panama have created Gender Commissions within the administration of justice, which are policy-making institutions composed of high-ranking judicial authorities to address different i ssues pertaining to women’s access to justice; and Gender Units to steer the implementation of policy related to gender issues.

65 A number of countries have also created specialized family courts to address a variety of gender issues, such as violence against women; prosecution units with expertise on sexual and gender violence; and specialized police units and stations on issues focused on addressing the situation of women.

66

In the legislative branch, the author observes the conformation of bancadas femeninas or

“women’s caucuses or networks” of female parlamentarians in a number of countries in the region, including Argentina, Brazil, Bolivia, Colombia, Ecuador, Peru, and Uruguay.

67 These caucuses and networks have sponsored draft laws and legislative reforms to promote the equality between men

Courts

62 ECLAC, Observatory on Gender Equality in Latin America and the Caribbean, Database on Women in Highest in Latin America and the Caribbean, Year 2010. Available at: http://websie.eclac.cl/sisgen/SisGen_MuestraFicha_puntual.asp?indicador=1704&id_estudio=223&id_aplicacion=17&idio ma=e

63 For reference, see National Reports presented before CEDAW Committee by the following States: Antigua and

Barbuda (1997); Argentina (2010); Bahamas (2010 and 2012); Barbados (1994 and 2002); Belize (1999 and 2007);

Bolivia (1995 and 2008); Bolivarian Republic of Venezuela (1997 and 2006): Brazil (2003 and 2012); Chile (2006 and

2012); Colombia (1994 and 1999); Costa Rica (2003 and 2011); Cuba (1996 and 2000); Dominica (2009); Dominican

Republic (1998, 2004, and 1998); Ecuador (1994, 2003, 2008); El Salvador (2008 and 2003); Grenada (2012); Guatemala

(1994, 2002, 2006, and 2009); Guyana (1994, 2001, 2005, 2012); Haiti (2009); Honduras (2007); Jamaica (2001, 2006,

2012); Mexico (1998, 2002, 2006); Nicaragua (2001, 2007); Panama (1998, 2010); Paraguay (1996, 2005, 2011);

Paraguay (1996, 2005, 2011); Peru (1995, 1998, 2002, 2007); Saint Lucia (2006); Suriname (2002 and 2007); Trinidad and Tobago (2002); Uruguay (2002 and 2008).

See generally , Mechanism to Follow-Up on the Implementation of the Convention on the Prevention, Punishment and Eradication of Violence against Women (MECECVI), Second Hemispheric Report on the Implementation of the Belem do Para Convention, April 2012; BID and PROLEAD, The Road to Power: Latin American Ministers , 1950-2007, p. 13.

64 For a general overview, see IACHR, Access to Justice for Women Victims of Sexual Violence in Mesoamerica

(2011), III. Progress that the States have made in addressing sexual violence (2011), pages 86 – 89; IACHR, Access to

Justice for Women Victims of Violence in the Americas (2007), III. Public Efforts to Comply with the Due Diligence

Obligation in Response to Acts of Violence against Women. A. Efforts in the Administration of Justice Sector, pages 97-

103.

65 IACHR, Access to Justice for Women Victims of Sexual Violence in Mesoamerica (2011), III. Progress that the

States have made in addressing sexual violence (2011), para. 319.

66 See discussion on examples of these specialized units in Belize, Bolivia, Chile, El Salvador, Grenada,

Guatemala, Honduras, Jamaica, Peru, and St. Kitts and Nevis in IACHR, Access to Justice for Women Victims of Sexual

Violence in Mesoamerica (2011), III. Progress that the States have made in addressing sexual violence (2011), pp. 86

–

89; IACHR, Access to Justice for Women Victims of Violence in the Americas (2007), III. Public Efforts to Comply with the

Due Diligence Obligation in Response to Acts of Violence against Women. A. Efforts in the Administration of Justice

Sector, pp. 97-103.

67 See discussion in IACHR, The Road to Substantive Democracy: Women’s Political Participation in the

Americas (2011), paras. 59-60.

13

and women, quota laws, legislation related to violence against women, and have contributed to incorporate gender issues on the national political agenda.

68

A key element in the increase of the numbers of women in democratically-elected positions in

Latin America has been the adoption of temporary special measures, and their impact. Information available indicates that in Latin America and the Caribbean at least 14 countries have incorporated different types of quotas in their normative framework.

69 Most of these measures have been adopted to i ncrease women’s participation in publicly-elected positions, conforming at least a critical minority (on average between 30 to 40%).

70 Quotas have been established either in Constitutions, laws, or in the statute of political parties.

71 They can also be applied to different phases of the political electoral process, such as during the first part (the nomination of candidates), in an intermediate phase (in the nomination of candidates), or in a final phase (by means of the reservation of a certain percentage of positions.

72

In the Caribbean, the CARICOM Ministers have agreed on a 30% goal of women’s participation in the region.

73 This goal was recommended by the Santiago Consensus (1997), and the Commonwealth Ministers responsible for women’s issues.

74 Most countries in the Caribbean –

68 See discussion in IACHR,

The Road to Substantive Democracy: Women’s Political Participation in the

Americas (2011), paras. 59-60; Institute for Democracy and Electoral Assistance (IDEA), 30 Years of Democracy: Riding the Wave? Women’s Political Participation in Latin America (2008), p. 49; ECLAC,

Women’s Contribution to Equality in

Latin America and the Caribbean , Tenth Regional Conference on Women in Latin America and the Caribbean, Quito,

August 6, 2007, pp. 12 and 24.

69 Information publically available indicates that at least 14 countries of Latin America and the Caribbean have adopted quota laws, including Argentina (1991); Bolivia (1997); Brazil (1997); Costa Rica (1996); the Dominican Republic

(1997); Ecuador (1997, and in the Constitutional level in 2008); Guyana (2000); Haiti (2005); Honduras (2000); Mexico

(1996); Panama (1997); Peru (1997); Paraguay (1996); and Colombia (2000).

See National reports presented by these States before CEDAW Committee: Argentina (2010); Bolivia (1995 and

2008); Brazil (2003 and 2012); Colombia (2007); Costa Rica (2003 and 2011); Dominican Republic (1998, 2004, and

1998); Ecuador (1994, 2003, 2008); Guyana (1994, 2001, 2005, 2012); Haiti (2009); Honduras (2007); Mexico (1998,

2002, 2006); Panama (1998, 2010); and Peru (1995, 1998, 2002, 2007) describing these laws.

America

See also , Information by Country Related to Quota Laws, ECLAC Observatory on Gender Equality in Latin and the Caribbean. Available at : http://www.cepal.org/cgibin/getprod.asp?xml=/oig/noticias/paginas/5/36135/P36135.xml&xsl=/oig/tpl/p18f.xsl&base=/oig/tpl/top-bottomdecisiones.xsl

70 ECLAC, Women’s Contribution to Equality in Latin America and the Caribbean , Tenth Regional Conference on

Women in Latin America and the Caribbean, Quito, August 6, 2007, p. 27.

71 ECLAC,

Women’s Contribution to Equality in Latin America and the Caribbean

, Tenth Regional Conference on


72 ECLAC,






LC/CAR/L.129 (CRM.10/7), July 30, 2007.

74 Santiago Consensus (1997), para. 7(o), Tenth Session of the Regional Conference on Women in Latin

America and the Caribbean, Quito, Ecuador, August 6-

9, 2007; ECLAC, Women’s Political Participation and Gender Parity in Decision-Making at All Levels in the Caribbean, Tenth Regional Conference on Women in Latin America and the

Caribbean, Quito, Ecuador, August 6-9, 2007, LC/CAR/L.129 (CRM.10/7), July 30, 2007, p. 8.

14

with the exception of Guyana and Haiti – have not expressly enacted gender quotas in their legislation.

75

There is consensus among experts of these issues that quota laws have been instrumental in advancing the political participation of women in Latin America.

76 Both ECLAC and the IACHR have noted that in all countries of the Americas where quota laws have been adopted, these have had positive effects, demonstrating in some cases that the percentage of elected women has reached the level of 40%.

77 IDEA International has indicated that more than 10 years after the adoption of quota laws, “it is clear that they mark a “before” and “after” in women’s political participation in the region, and that they accelerated th e inclusion of women in positions of power.” 78

The author moreover notes the creation of important regional inter-governmental organizations, and their pronouncements related to women’s political participation in Latin America and the Caribbean. Among the most important is the Organization of American States, which was created in 1948 “to achieve an order of peace and justice, to promote their solidarity, to strengthen their collaboration, and to defend their sovereignty, their territorial integrity, and their independence.” 79 The Organization of American States is integrated by 35 countries pertaining to

Latin America, the Caribbean, the United States, and Canada, and it functions on the basis of four main pillars: democracy, human rights, security, and development.

80 Since 1948, OAS Member

States have adopted a significant number of international instruments – in the form of treaties and declarations – which have become the normative basis of the Inter-American System of Human rights, and have provided for the creation of the Commission and the Court to promote the observance of these treaties across the Americas. These treaties and declarations have incorporated the right to political participation and to be free from discrimination on the basis of sex

75 See, generally, IACHR, The Road to Substantive Democracy: Women’s Political Participation in the Americas

(2011), para. 132; ECLAC,

Women’s Political Participation and Gender Parity in Decision-Making at All Levels in the

Caribbean, Tenth Regional Conference on Women in Latin America and the Caribbean , Quito, Ecuador, August 6-9,

2007, LC/CAR/L.129 (CRM.10/7), July 30, 2007, p. 8; Social Science Research Council, Conflict Prevention and Peace

Forum, Presence without Empowerment? Women in Politics in Latin America and the Caribbean , December 2010, p. 5.

76 See for example, Jacqueline Perschard, The Quota System in Latin America: General Overview, Women and

Politics , IDEA, FLACSO, Catalonia, 2008; Line Bareiro and Isabel Torres, Equality for an Inclusive Democracy, Inter-

American Institute of Human Rights , 2009; Ana Isabel Garcia Quesada, Conditions Determining the Level of

Representation of Women: The Experience of Quota Systems in Latin America , United Nations, EGM/EPWD/2005/EP.2,

December 12, 2005.

77 ECLAC,



Women in Latin America and the Caribbean, Quito, August 6, 2007, p. 1; IACHR, The Road to Substantive Democracy:

Women’s Political Participation in the Americas

(2011), para. 134.

78 Institute for Democracy and Electoral Assistance (IDEA), 30 Years of Democracy

: Riding the Wave? Women’s

Political Participation in Latin America (2008), p. 29.

79 See Charter of the Organization of American States (1951), Article 1, available at: http://www.oas.org/en/iachr/mandate/Basics/17.CHARTER%20OAS.pdf

The OAS came into being in 1948 with the signing in Bogotá, Colombia, of the Charter of the Organization of American States, which entered into force on December of 1951. The Charter was the subject of several amendments afterwards: by the Protocol of Buenos Aires, signed in

1967, entering into force on February 1970; by the Protocol of Cartagena de Indias, signed in 1985, which entered into force in November of 1988; by the Protocol of Managua, signed in 1993, which entered into force on January of 1996; and by the Protocol of Washington, signed in 1992, which entered into force in September of 1997. See Inter-American

Commission on Human Rights, Basic Documents Pertaining to Human Rights in the Inter-American System (June, 2010), pp. 1-6.

80 The Member States of the Organization of American States are: Antigua and Barbuda, Argentina, Bahamas,

Barbados, Belize, Bolivia, Brazil, Canada, Chile, Colombia, Costa Rica, Cuba, Dominica, Dominican Republic, Ecuador, El

Salvador, Grenada, Guatemala, Guyana, Haiti, Honduras, Jamaica, Mexico, Nicaragua, Panama, Paraguay, Peru, Saint

Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Suriname, Trinidad and Tobago, United States, Uruguay, and Venezuela. All 35 OAS Member States have ratified the OAS Charter. See Status of Ratifications, OAS Charter, http://www.oas.org/en/iachr/mandate/Basics/17a.CHARTER%20OAS%20ratif.pdf

15

in their text.

81 For example, the Inter-American Democratic Charter states explicitly that discrimination against women is an obstacle to achieving genuine, inclusive, and participatory democracy.

82 The Charter also establishes the importance of eliminating all forms of discrimination, including gender discrimination, as a means of strengthening democracy and citizen participation.

83

The Ministries of Women have also found an important space in the regional women’s conferences organized by ECLAC achieving several key consensus documents for the political participation of women. For example, in the Consensus of Quito (2007), the Ministers reiterate the link between human rights, and a participative and inclusive democracy; the economic and social development of Latin America and the Caribbean societies; the contribution of women to the return of democracy to the region; and the importance of the principle of “parity” in decision-making.

84 In this line, they agree to adopt all means necessary – including legislation and other positive measures – to guarantee women’s full participation in public office to achieve parity in State institutions, including the executive, legislative, and judicial branches.

85

The Caribbean countries also created their own community – CARICOM – a regional organization including 15 Caribbean nations and dependencies.

86 Its main objective is to promote economic integration and cooperation among its members, to ensure that the benefits of integration are equitably shared, and to coordinate on foreign policy issues.

87 CARICOM has been instrumental in influencing the development of legislation in the English-Speaking Caribbean countries pertaining to discrimination and violence against women, through regional models, in the areas of domestic violence, the amendment of sexual offence laws, sexual harassment, and the creation of family courts.

88

There have also been important gains in the change of cultural perceptions related to women’s involvement in public and political life. Different surveys in the region show positive signs in an increased social acceptance of quota laws, the principle of parity, and of women holding positions of power.

89 This has been coupled with the availability of public financing for women’s political campaigns in several countries such as Costa Rica, Panama, Mexico, and Argentina.

90

81 See American Declaration of the rights and Duties of Man (1948), Articles II and XX; American Covention on

Human Rights (1969), Articles 1.1 and 23.

82 Inter-American Democratic Charter. Adopted at the first plenary session of the OAS General Assembly, held

September 11, 2001, Article 9.

83 Inter-American Democratic Charter. Adopted at the first plenary session of the OAS General Assembly, held

September 11, 2001, Article 9.

84 See Consensus of Quito (2007), resulting from the Tenth Regional Conference on Women in Latin America and the Caribbean. For more information, see http://www.eclac.cl/publicaciones/xml/5/29555/dsc1i.pdf

Many of these principles were reaffirmed in the Eleventh Regional Conference by means of the Consensus of

Brasilia (2010). For more information, see http://www.eclac.cl/mujer/noticias/paginas/6/40236/ConsensoBrasilia_ING.pdf

85 See Consensus of Quito (2007), resulting from the Tenth Regional Conference on Women in Latin America and the Caribbean. For more information, see http://www.eclac.cl/publicaciones/xml/5/29555/dsc1i.pdf

Many of these principles were reaffirmed in the Eleventh Regional Conference by means of the Consensus of

Brasilia (2010). For more information, see http://www.eclac.cl/mujer/noticias/paginas/6/40236/ConsensoBrasilia_ING.pdf

86 Current members of CARICOM include: Antigua and Barbuda, The Bahamas, Barbados, Belize, Dominica,

Grenada, Guyana, Haiti, Jamaica, Montserrat, Saint Lucia, St. Kitts and Nevis, St. Vincent and the Grenadines, Suriname and Trinidad and Tobago. See, http://www.caricom.org/jsp/community/member_states.jsp?menu=community

87 For more information, see http://www.caricom.org/jsp/community/community_index.jsp?menu=community

88 IACHR, Access to Justice for Women Victims of Violence in the Americas (2007), para. 258.

16

Key challenges

Despite the significant achievements described above, it is important also to note the challenges to women’s public and political participation which still affect women in Latin America and the Caribbean. Many of these challenges are the product of forms of discrimination that are still prevalent in these societies, and cultural perceptions of the political space as still dominated by men, or only fit for men.

91 But they are also the product of structural problems, and the socioeconomic disadvantage and levels of poverty which still largely affect women throughout the

Americas.

92

Low numerical levels of representation in key sectors and structural challenges

The author notes the low numerical levels of representation of women in key sectors of government, even though women compose more than half of the population in the hemisphere.

Women tend to have low levels of representation in Ministries that are traditionally occupied by men such as those of Defense and Finance, and more on those that address social issues such as women, children, the family, education, and labor. A study published by the inter-American

Development Bank and its PROLEAD Program describes how while 364 women have held the position of Ministers between 1950 and 2007 in Latin America, the presence of women has been more preeminent in Ministries managing social issues, health, education, labor and gender.

93

According to the Women in Politics Survey of the IPU and UN Women, as of January 1, 2012, between 79 to 89% of women around the world hold the position of Ministers in social, family and women’s issues, while only 7% are Ministers of Defense and Veteran Affairs in their countries. 94

One important achievement in this regard was the implementation of a parity policy by

Michelle Bachelet when she was elected President in 2006 to address women’s sub-representation in the political sphere, which resulted in the appointment of approximately half of the Ministers as women. She herself was one of the first women appointed as Minister of Defense in Latin America before being elected President. However, this number was subsequently reduced due to the amount of skepticism that surrounded the adoption of the parity policy, which will be discussed later in this report, and political crisis over different issues, which forced former President Bachelet to replace women in several senior-level cabinet positions.

95 The author notes that despite the

89 See generally, ECLAC, Opinion Survey, Political Parity of Gender in Latin America: Evolution, Impulses and

Barriers from the Leaders of the Region , April 2011; Social Science Research Council, Conflict Prevention and Peace

Forum, Presence without Empowerment? Women in Politics in Latin America and the Caribbean , December 2010, p. 8.

90 The legislation of the mentioned countries establishes the obligation of political parties to allocate a percentage of the public funding they receive to promote the political formation and training of women. See discussion in IACHR, The

Road to Substantive Democracy: Women’s Political Participation in the Americas (2011), para. 164.

91 See generally, ECLAC,


, Tenth Regional

Conference on Women in Latin America and the Caribbean, Quito, August 6, 2007; IACHR, The Road to Substantive

Democracy: Women’s Political Participation in the Americas (2011); Institute for Democracy and Electoral Assistance

(IDEA), 30 Years of Democracy: Riding the Wave? Women’s Political Participation in Latin America (2008).

92 IACHR, The Work, Education, and Resources of Women, The Road to Equality in Guaranteeing Economic,

Social, and Cultural Rights (2011), paras. 82-112.

93 BID and PROLEAD, The Road to Power: Latin American Ministers , 1950-2007, p. 11.

94 UN Women and Inter-American Parliamentary Union (

“IPU”),

Women in Politics: 2012 (January 1, 2012); IPU,

Women in National Parliaments (situation as of July 31, 2012).

95 IACHR , Report on the Rights of Women in Chile: Equality in the Family, Labor and Political Sphere (2009), paras. 105-107.

17

increasing representation of women in Ministerial positions, the progress has been uneven, and women are often required to prove that they are more capable than men holding similar positions.

96

Progress in women’s representation in both houses of parliament has also been heterogeneous when countries are compared in the region. In countries such as Cuba, Nicaragua,

Costa Rica, Argentina, Ecuador, and Guyana, women occupy between 30 to 40% of legislative seats, while the percentage of the rest of the countries for Latin American and the Caribbean is under 28%.

97 The percentage of legislative seats in the upper chambers is also more modest than in lower chambers, except in Argentina and Bolivia, where the percentage of women in legislative seats surpasses 38%. 98

Some Caribbean countries show strong disparities between women’s participation in the lower and upper chambers such as Belize, Barbados and Antigua and Barbuda, where women hold

3.1%, 10.10% and 10.5% of the seats in the lower chambers respectively, while they hold in contrast 38.5%, 33.3% and 29.4% in the upper chamber seats.

99 The author also notes the low percentages of women in parliamentary seats in English-Caribbean countries, as compared to Latin

American countries, which experts have associated to the lack of inclusion of quotas in the normative framework. 100

Several experts and organizations also observe that the capacity of incidence of women is still very limited in parliaments, even in the framework of bodies such as the “ bancadas femeninas ”.

For example, in the case of Argentina - a country with significant levels of representation in both lower and upper houses - a well-known national organization has observed that the scarce representation of women among presidents of blocks of the Senate and in the Chamber of Deputies limits their ability to influence the definition of priorities.

101 Women parliamentarians in studies conducted by ECLAC have recognized that they face a harder path to access positions of power in political parties, to be nominated in electoral lists, and to hold positions in parliaments, due to a prevailing sexist culture, and a “masculine fraternity” which tends to exclude them.

102 They are also encouraged to join Parliamentary Commissions which are oriented to address social issues, and not the ones that address more substantive issues.

103 Women parliamentarians also recognize that their presence is paramount to address issues such as violence against women and

96 IACHR, Th e Road to Substantive Democracy: Women’s Political Participation in the Americas (2011), para. 73.

97 Inter-Parliamentary Union, Women in National Parliaments (as of July 31, 2012), available at: http://www.ipu.org/wmn-e/arc/classif310712.htm



100 Inter-Parliamentary Union, Women in National Parliaments (as of July 31, 2012), available at: http://www.ipu.org/wmne/arc/classif310712.htm

; Social Science Research Council, Conflict Prevention and Peace Forum, Presence without

Empowerment? Women in Politics in Latin America and the Caribbean , December 2010, p. 5.

101 Equipo Latinoamericano de Justicia y Género (“ELA”), Report on Gender and Human Rights. Observance and

Respect for the Human Rights of Women in Argentina (2005-2008), Buenos Aires, Argentina, 2009, p. 105.

102 ECLAC,


, Tenth Regional Conference on Women in Latin America and the Caribbean, Quito, August 6, 2007, p. 40.

103 ECLAC, Women’s Contribution to Equality in Latin America and the Caribbean , Tenth Regional Conference on Women in Latin America and the Caribbean, Quito, August 6, 2007, p. 40.

18

reproductive rights.

104 Legal monitoring bodies such as the Inter-American Commission on Human

Rights have observed that gender quotas designed to increase the numeric representation of women should be implemented together with other measures s o as to foster women’s substantive participation, promote their inclusion within the power structures of the political party apparatus in parliament, and encourage the representation of women’s interests.

105

The author notes what some experts and organizations have also alluded to the “pyramid” of participation in the administration of justice system in Latin American countries, where women have limited representation as Supreme Court justices, and other high-level tribunals, while their representation is higher in the lower chambers.

106 Several contributing factors are the role of the

Executive and Legislative branches in the appointment of judges, which works to the detriment of women, who have less political experience than men who have been nominated and are less known by the public; the Councils of Magistrates which do not guarantee the inclusion of a percentage of women; and that judicial academies lack courses related to gender equality issues.

107 Promotion mechanisms can also be driven by elements which are considered discriminatory towards women, including educational requirements that women cannot meet because of domestic responsibilities; and seniority, which is complicated for women because they usually have less years in the system than men. Women also tend to be asked about their private and family life as opposed to men in selection interviews; and there is a constant perception that men are better suited for certain subjects – such as criminal law – and women are more capable in softer subjects – such as civil law or family law.

108 There are also many positions to which women do not apply due to their family responsibilities and the amount of time needed.

109 roles.

Women have a very limited representation also in political parties, in particular in leadership

110 According to data compiled by the PROLEAD Program of the Inter-American

Development Bank and International IDEA, although women make up more than 50 percent of the membership of many parties, they are largely absent from top party posts.

111 Only 19% of party

104 ECLAC,


, Tenth Regional Conference on Women in Latin America and the Caribbean, Quito, August 6, 2007, p. 40; IPU, Equality in Politics, A Survey of Women and Men in Parliaments (2008), pp. 32, 40.

105 IACHR, The Road to Substantive Democrac y: Women’s Political Participation in the Americas

(2011), para.

61.

106 For more discussion, IACHR, Report on Access to Justice for Women Victims of Violence in the Americas

(2007), para. 256; Equipo Latinoamericano de Justicia y Género (Argentina), Centro Juana Azurduy (Bolivia),

Coordinadora de la Mujer (Bolivia), Corporación Humanas (Chile, Ecuador), DEMUS (Perú), Regional Report: Equal in

Merit, Unequal in Opportunities: Access of Women to Systems of Administration of Justice (2007), pp. 15-45.

107 Equipo

Latinoamericano de Justicia y Género (Argentina), Centro Juana Azurduy (Bolivia), Coordinadora de la Mujer (Bolivia), Corporación Humanas (Chile, Ecuador), DEMUS (Perú),

Regional Report: Equal in Merit, Unequal in

Opportunities: Access of Women to Systems of Administration of Justice (2007), pp. 15-45.

108 Equipo Latinoamericano de Justicia y Género (Argentina), Centro Juana Azurduy (Bolivia), Coordinadora de la Mujer (Bolivia), Corporación Humanas (Chile, Ecuador), DEMUS (Perú),

Regional Report: Equal in Merit, Unequal in


109 Equipo Latinoamericano de Justicia y Género (Argentina), Centro Juana Azurduy (Bolivia), Coordinadora de la Mujer (Bolivia), Corporación Humanas (Chile, Ecuador), DEMUS (Perú), Regional Report: Equal in Merit, Unequal in


110 See discussion in Institute for Democracy and Electoral Assistance (IDEA), 30 Years of Democracy: Riding the Wave? Women’s Political Participation in Latin America

(2008), p. 35-38; IACHR, The Road to Substantive

Democracy: Women’s Political Participation in the Americas (2011), paras. 150-170; Mia Mottley, Former Deputy Prime

Minister of Barbad os, “Challenges to Women’s Political Representation in the Caribbean” in A Citizens’ Democracy:

Visions and debates from the perspective of women’s rights in the Americas, July 2012, pp. 260-267.

111 Inter-American Development Bank, PROLEAD, Database on Gender and Political Parties in Latin America

(GEPAAL), available at: http://www.iadb.org/research/geppal/ ; Inter-American Development Bank, PROLEAD and

International IDEA, Political Parties and Parity: The Pending Equation (2010).

19

executive committee members are women, and the proportion of women who serve as party presidents or secretary generals tends to be lower, at 15.8%.

112 This problem is particularly serious as these organizations and their top leaders tend to oversee the choice of candidates who will be incorporated in party lists for publically-elected positions. The order of women in these party lists is also important in order for them to be elected.

113

Many of the obstacles described in this section can be attributed to the resistance of political parties, which tend to be exclusionary towards women; the prevailing gender roles which call into question women’s ability to participate in public life; and the lack of options for women to be able to balance their family with their public life.

114 Other important barriers are the lack of funding and resources for women to be able to wage political campaigns; the absence of special temporary measures to promote gender equality within party bylaws; gaps in the implementation of special temporary measures; and the absence of sanctions for political parties when special measures are not properly applied.

115 Women often also frequently lack access to political party funding and financial resources for their election bids, and to pay for the advertising costs of their campaigns.

116

International IDEA has referred to the “female face of poverty”, as a significant barrier to access to political and public life for women in Latin America and the Caribbean, as it is more difficult for women to obtain resources for political campaigns, when they cannot meet the needs of their family, businesses, and personal lives.

117 Governments such as Guyana have acknowledged that poverty prevents women from participating more in the public life of their societies.

118 This is coupled with problems such as a limited knowledge of their political rights, and the lack of possession of identity cards in some instances.

119

The dichotomy of political representation between the national and local levels







114 See discussion in IACHR, The Road to Substa ntive Democracy: Women’s Political Participation in the

Americas (2011), paras. 150-170; Esther del Campo, Women and Politics in Latin America: Perspectives and Limits of the

Institutional Aspects of Women’s Representation , Social Forces, June 2005, p. 1706; Line Bareiro, Clyde Soto, and Lilian

Soto, The Inclusion of Women in the Processes of Political Reform in Latin America, Inter-American Development Banck,

Department of Sustainable Development , Gender Equality in Development Unit (2007), p. 19; UNIFEM, Who Answers to

Women? Gender and Accountability, Progress of the World’s Women 2008/2009, p. 23.

115 See discussion in IACHR,

The Road to Substantive Democracy: Women’s Political Participation in the

Americas (2011), paras. 150-170. See also, IACHR, Report on the Rights of Women in Chile: Equality in the Family,

Labor, and Political Spheres (2009), p. 1706; IACHR , Justice and Social Inclusion: The Challenges of Democracy in

Guatemala (2003), para. 284; IACHR, The Right of Women in Haiti to be Free from Violence and Discrimination (2009), para. 40.

116 Delia Ferreira Rubio, Access of Women in the Americas to Financing for Political Activities , in A Citizens’

Democracy: Visions and debates from the perspective of women’s rights in the Americas

, July 2012, pp. 260-267.

117 Institute for Democracy and Electoral Assistance (IDEA),

30 Years of Democracy: Riding the Wave? Women’s

Political Participation in Latin America (2008), p. 38.

118 See, National Report of Guyana before CEDAW Committee (2012).

118-119.

119 IACHR, The Road t o Substantive Democracy: Women’s Political Participation in the Americas

(2011), paras.

20

Another interesting phenomenon in Latin America and the Caribbean is the dichotomy of political representation between the national and local levels. For example, women still integrate a small percentage of women mayors and are sub-represented in state authorities. A UN-INSTRAW

Study which collected data in 16 countries of Latin America (a total of 15,828 municipalities) concluded that women majors only account for 5.3% of the total.

120 An English-Speaking Caribbean

Study also provided that women are woefully under-represented across the board in Mayoral and other similar positions. For example, of 94 municipalities in six Caribbean countries only 10 were headed by women (11%) by July of 2007.

121 ECLAC has documented that these numbers of local participation have stayed the same for the past 10 years.

122

The Inter-American Commission on Human Rights has observed regarding this problem that the “low political representation of women at the municipal level in the countries of the region is indicative of the exclusion of women as leaders and direct representatives of the population, as well as valid interlocutors of political issues facing their communities. At this level, women confront the paradox of being close to power, yet far from being able to exercise it.” 123 Some factors which influence this sub-representation include prevailing gender stereotypes which relegate women to the private sphere at the home which have the effect of concentrating women’s participation in local politics to the “informal” or community level, such as volunteer associations, neighborhood organizations, and community service and school committees.

124 Also the lack of adoption of quota laws applicable at the local level, and their deficient implementation are important factors.

125

The contrast between the increase in numbers and real representation

The increase in numbers of women’s participation noted in the former section does not necessarily reflect an adequate representation of issues related to the civil, political, economic, social, and cultural rights of women in Latin America and Caribbean countries. The Inter-American

Commission on Human Rights for example has observed that “to achieve a substantial representation of women’s interests – in other words, to ensure continued progress on women’s rights and the incorporation of the interest of women within the existing legislation, public policies, and judicial decisions – countries will need to adopt measures designed to guarantee real gender equality in the political sphere, and to go beyo nd the incorporation of women in public positions.” 126

120 Alejandra Massolo,

Women’s Political Participation in Local Government, Electoral Systems, and Quota Laws in Latin America , Policy Document, UN-INSTRAW, p. 1.

121 ECLAC, Women’s Political Participation and Gender Parity in Decision-Making at All Levels in the Caribbean ,


LC/CAR/L.129 (CRM.10/7), July 30, 2007, p. 29.

122 ECLAC,



123 IACHR, The Road to Substantive Democracy: Women’s Political Participation in the Americas (2011), para.

85.

124 See, Latin American Association of Organizations of Promotion, Political Participation of Women and the Role of NGO’s in Central America and Mexico , August 2007, p. 18.


126 IACHR,


(2011), paras.

17-18.

21

Measures may include interventions designed to institutionalize channels of participation in which women can contribute substantively in the design, development, and implementation of public policies and programs to advance gender equality in different spheres of government and public life.

127

Even t he Latin America and Caribbean countries with the highest percentages of women’s legislative representation such as Cuba, Nicaragua, Costa Rica, Argentina, Ecuador, Guyana, and

Trinidad and Tobago, 128 still face numerous issues related to legislation addressing gender equality issues, both in its text and implementation. In the case of Cuba for example, the CEDAW

Committee has recommended that the State amends its legislation to appropriately define the prohibitions of discrimination and violence according to international standards and to amend its legislation related to the ages of marriage for males and females.

129 Nicaragua was the object of international concern when its legislature derogated the figure in its penal code which authorized therapeutic abortion in the country on October of 2006.

130

In the case of Costa Rica, despite its high percentage of legislative representation to date and the election of a female president on 2010, Laura Chinchilla, the international community has remarked with concern the decision to discontinue according Ministerial Rank to the Executive

President of the National Institute for Women, which the CEDAW Committee has interpreted as a lack of political commitment to the mainstreaming of gender equality issues at the State level.

131

The CEDAW Committee has also noted with concern the inadequate recognition of sexual and reproductive rights in Costa Rica, including the complete ban on abortion, and the barriers to access emergency contraception and assisted reproduction techniques.

132

In Argentina, Cristina Fernández de Kirchner was elected on 2007 and re-elected in 2011, and since then civil society organizations in the country have remarked the lack of parity in her cabinet-level appointments and the absence of concrete gender equality initiatives in her political discourse, in contrast with former President Bachelet in Chile.

133 The Equipo Latinoamericano de

Justicia y Género has studied closely the first 100 speeches of the administration of Cristina

Kirchner, process in which they observe a distance between the inclusion of the concept of “gender” in her discourses, and the absence of policies benefiting women in Argentina.

134

Even Female Presidents which have aimed to reduce the gap between the numbers and representation have faced significant challenges. President Michelle Bachelet had an extensive gender discourse since the beginning of her presidency, highlighting her personal experiences as a female politician, and the various forms of discrimination in the family, political and labor spheres

127 IACHR, The Road to Substantive Democracy: Women’s Political Participation in the Americas (2011), paras.

17-18.



129 CEDAW Committee, Concluding Comments, Cuba (2006).

130 CEDAW Committee, Concluding Comments, Nicaragua (2007).

131 CEDAW Committee, Concluding Comments, Costa Rica (2011).

132 CEDAW Committee, Concluding Comments, Costa Rica (2011).

133 Regional Feminist Articulation for Human Rights and Gender Justice, Regional Report on Human Rights and

Gender Justice , 2011, p. 19.

134 Equipo Latinoamericano de Justicia y Género, Informe sobre Género y Derechos Humanos en Argentina

(2005-2008), pp. 111-118.

22

that women face in Chile.

135 She also reiterated that in order for Chile’s economic, social, and political development to be fully realized, all barriers to full gender equality had to be eradicated.

136

However, the Inter-American Commission on Human Rights, during its visit to the country on

September of 2007, observed that women were still highly discriminated in the political life in Chile, and other social spheres, and many persons interviewed viewed the election of a woman president as merely a first step down the road to equality of the sexes in political life.

137

The scarce attention given to the problem of representation is evidenced also by the weakness and dearth of financial resources faced by most of the national women’s machineries in the region. The CEDAW Committee has widely observed this problem when reviewing State party reports from Latin America and the Caribbean.

138

Sustaining the gains made over time with changes in government administrations.

Many of the advances noted above in regards to the adoption of mechanisms and policies designed to advanced women’s political participation have not been joined by measures to guarantee their sustainability over time. This problem affects in particular the Executive Branch, where the presence of women Ministers can disappear from one administration to the other.

139

The parity policy of President Michelle Bachelet, for example, was not joined by sustainability measures, which prevented a long-lasting effect, as will be discussed later in this study However, the author observes the codification of the parity policy of Ecuador in the 2008 Constitution, which will be also discussed in detail later in this report.

The same problem affects the judicial branch, where the Inter-American Commission on

Human Rights has noted that despite the appointment of female justices and magistrates to a number of Supreme Courts in the region, the progress in these areas has been slow, uneven, and varied.

140 Another example of the sustainability challenge is the female membership of regional bodies such as the Inter-American Commission and Courts. The Inter-American Court has a composition which finishes on December of this year composed of seven judges, including three women and four men. The next composition of the Court starting in January 1, 2012 will be all male. The Inter-American Commission had previously predominantly male compositions, now having its first female-majority composition in years.

141

The Prevalence of Discrimination and Stereotypes against Women: A Persistent “Political Culture” which works to the detriment of women

135 IACHR, Report on the Rights of Women in Chile: Equality in the Family, Labor and Political Sphere (2009), para. 4.



138 See, e.g. CEDAW Concluding Comments concerning Guyana (2012); Costa Rica (2011); Jamaica (2011);

Mexico (2012); Brazil (2011); Grenada (2012); Guatemala (2009), Nicaragua (2007), Colombia (2013), and Peru (2007).

139 Elba Luna, Vivian Roza, and Gabriela Vega, The Road to Power: Latin American Women Ministers 1950-

2007 , Inter-

American Development Bank, Program for the Support of Women’s Leadership and Representation

(PROLEAD), 2008, pp. 3-19.

140 IACHR, Access to Justice for Women Victims of Violence in the Americas (2007), paras. 256-257.

141 The newly elected female Commissioners were: Tracy Robinson, Rosa Maria Ortiz, and Rose-Mary Belle

Antoine, who took office on January 1, 2012. Commissioner Dinah Shelton was elected on January 1, 2010.

23

Many of the challenges discussed in th is section can be attributed to a persistent “political culture”, where women are not associated with politics, or are not considered socially fit to enter politics.

142 This culture permeates all action at the State level, including the Executive, Legislative, and Judicial Branches, the local level, and the activities of key actors such as political parties. The

CEDAW Committee has observed the persistence of harmful norms, practices, and traditions, patriarchal attitudes, and deep-rooted stereotypes regarding the roles, responsibilities, and identities of women and men in all spheres of life, which are reflected in women’s disadvantageous and unequal status in public life and decision-making.

143

Women also still bear the brunt of child-rearing socially, and are entrusted with the thrust of family responsibilities, which limits in general their insertion into the workforce. This phenomenon has been called by many analysts and organizations – in particular ECLAC - as the “sexual division of labor”, which is reflected in the lack of an equitable division of labor in the family.

144 This has an avid impact in the public and political life of women, since the options to balance work and family responsibilities are still very restricted.

145 International organizations such as ECLAC and the

IACHR have underscored the need for States to adopt policies and programs to promote the democratization of the family, and to create more options of child care to allow women to balance work and family responsibilities. In connection with maternity in particular, the Inter-American

Commission has recommended that the States adopt a comprehensive strategy encompassing not just maternity leave, but also paternity and parental leave, so that women’s reproductive role does not become an exclusionary and discriminatory variable.

146

States themselves have commented on this issue. For example, the government of

Bahamas has observed before the CEDAW Committee that “traditional gender roles gave women the major responsibility in the private (domestic) sphere and give men responsibility for the public sphere. These gender roles pose challenges for women seeking public office as they have to manage the demands of political representation and leadership as well as their domestic responsibil ities…..Women’s unequal participation in the labor market also impacts negatively on their financial capacity to run election campaigns. Political parties have not introduced any known special measures to increase financial support for female candidates.” 147

Violence against Women in Public and Political Life

There have been many reported incidents of forms of violence against women

– psychological, physical, and sexual – which are used as a disincentive for women to participate in the public and political life of their society.

148 International organizations have reported the

142 See generally, Inter-American Commission on Women, A Citizens’ Democracy: Visions and debates from the perspective of women’s rights in the Americas (July 2012); Consensus of Quito (2007).

143 See, e.g., CEDAW Concluding Observations, Guyana, July 2012.


145 ECLAC, Caribbean Synthesis and Review and Appraisal Report in the Context of the 15 th Anniversary of the

Adoption of the Beijing Declaration and Platform of Action, LC/CAR/L/259, May 14, 2010.

146 IACHR, The Work, Education, and Resources of Women: The Road to Equality in Guaranteeing Economic,

Social and Cultural Rights (2011), para. 17.

147 National Report of Bahamas before CEDAW Committee (2009), paras. 212-213.

24

employment of forms of sexual and labor harassment against female political candidates in the region, and as a tactic to discourage women from exercising their right to vote.

149

The author also underscores the role of domestic violence in impairing women’s ability to participate in the public life of their societies, which is an issue that needs to be further studied in the region. Domestic violence is no longer considered a private issue by the international human rights system, with significant economic, social, and political implications in Latin American and Caribbean societies. It is still widespread and pervasive, and largely unreported. More connections need to be studied between the problem of violence against women and the issue of political participation, in order to design more adequate legislation and public policies to address this issue.

Women who Face Multiple Forms of Discrimination in Public and Political Life: Key Challenges

The author observes that the challenges noted above have an aggravated effect on women who have been the subject of multiple forms of discrimination historically, which contributes to their sub representation in decision-making positions at all levels and the deficient coverage of their needs in the public agenda. The author will make mention of the situation of some of these groups, but notes the need for more analysis and the collection of more data in order to fully understand how their situation of disadvantage limits their right to participate in the public and political life of their societies.

Women who are in indigenous and afrodescendent are notoriously underrepresented in the Executive, Legislative, and Judicial Branches of countries throughout Latin America and the

Caribbean.

150 Only in countries such as Bolivia, Guatemala, Venezuela and Ecuador indigenous women have been appointed to head up government ministries.

151 The impact of measures such as quota laws can be limited in the case of these groups due to their high levels of poverty and exclusion, and a limited knowledge of their political rights.

152 The Inter-American Commission on

Human Rights has consistently highlighted the multiple forms of discrimination faced by indigenous and afrodescendent women based on their ethnicity, race, sex and poverty, and particular issues that they can face to exercise their right to political participation such as barriers to access needed identity documents.

153

Women who live in rural areas also face important challenges to exercise their civil, political, economic, social, and cultural rights. The international community has remarked during the past five years on their frequent situation of poverty, and significant barriers to access economic

148 ECLAC,

Women’s Contribution to Equality in Latin America and the Caribbean, Tenth Regional Conference on Women in Latin America and the Caribbean , Quito, August 6, 2007, p. 52; ECLAC, Not One More! The right to be free from violence in Latin America and the Caribbean (2007), pp. 65, 74.

149 IACHR, The Road to Substa ntive Democracy: Women’s Political Participation in the Americas (2011), paras.

110-111, 125.

150 See, Consensus of Brasilia (2010); Consensus of Quito (2007); ECLAC, Women’s Contribution to Equality in

Latin America and the Caribbean, Tenth Regional Conference on Women in Latin America and the Caribbean , Quito,

August 6, 2007, p. 52; IACHR,


(2011), paras. 90-98.

151 Elba Luna, Vivian Roza, and Gabriela Vega, The Road to Power: Latin American Women Ministers 1950-

2007 , Inter-

American Development Bank, Program for the Support of Women’s Leadership and Representation

(PROLEAD), 2008, para. 13.

152 See CEDAW Committee, Concluding Comments, Mexico (2012); Guyana (2012); and Guatemala (2009).

153 IACHR, Access to Justice for Women Victims of Sexual Violence in Mesoamerica (2011); paras. 301-306;

IACHR, Access to Justice for Women Victims of Violence in the Americas (2007), paras. 195-216. See also, CEDAW

Committee, Concluding Comments Peru (2007) and Bolivia (2008).

25

resources, which all translate into their deficient participation in the public life of their societies.

154

The CEDAW Committee for example has commented on their high rates of illiteracy; low school enrollment; poor access to health care; lack of identity documents; and deficiencies to access justice in several Latin American and Caribbean countries.

155

Women who are lesbian, bisexual, transsexual and transgender also still face severe forms of discrimination on the basis of their sexual orientation and gender identity.

156 For example, the Inter-American Court just issued recently its first ruling related to discrimination on the basis of sexual orientation, in the case of Karen Atala and Daughters v. Chile , in which it found that a Chilean judge was arbitrarily deprived of the custody of her daughters due to her sexual orientation, and that the justice system had unduly interfered with her right to private life by ordering an inquiry into her personal life due to her cohabitation with a same-sex partner.

157 Prejudicial notions associated with their sexual orientation and/or gender identity hinders the participation of these women in the Executive, Legislative and Judicial branches, and they suffer increased risks to violence when they become public figures, and are involved in human rights organizations.

158

Discriminatory social patterns against these groups have to be addressed in order for them to be able to legitimately participate in public life in conditions in which their integrity and dignity is respected.

The author moreover notes the proliferation of women-headed households in Latin

America and the Caribbean.

159 This phenomenon also frequently challenges women to participate in the public life of their societies due to the balance needed between responsibilities at the home and work.

160 Some of these groups of women, particularly in Colombia - where they constitute a significant part of the displaced population - have become very involved in the human rights and women’s rights movement, achieving important gains such as noteworthy judgments from the

154 See, e.g., Message from United Nations Secretary General, International Women’s Day, March 8, 2012, available at: http://www.un.org/sg/statements/index.asp?nid=5903 ; Statement from United Nations High Commissioner for

Human Rights, International Women’s Day, March 8, 2012, available at: http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=11916&LangID=E ; Statement from UN Special

Rapporteur on Violence against women, its causes and consequences, March 8, 2012, available at: http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=11919&LangID=E . See also, Consensus of

Brasilia (2 010), Consensus of Quito (2007), UN Women: Progress of the World’s Women: In Pursuit of Justice (2011-

2012).

155 See, e.g., CEDAW Concluding Comments, Colombia (2007), para. 30; Mexico (2012), paras. 34-35; Peru

(2007), paras. 24, 26, and 32; and Suriname (2007), paras. 20, 31-32.

156 See, generally, The Yogyakarta Principles: The Application of International Human Rights Law in Relation to

Orientation and Gender Identity (March 26, 2007), available at Sexual http://www.yogyakartaprinciples.org/principles_en.htm

; United Nations High Commissioner for Human Rights,

Discriminatory laws and practices and acts of violence against individuals based on their sexual orientation and gender identity, Human Rights Council, 19 th Sess., U.N. Doc. A/HRC/19/41 (Nov. 17, 2011).

157 See, generally, I/A Court H.R., Karen Atala Riffo and Children v. Chile, Merits, Reparations and Costs,

Judgment, (ser. C) No. 239 (February 24, 2012). More concretely, in its judgment, the Court found that the State of

Chile was responsible for violating the rights to equality and the obligation not to discriminate contained in article 24 of the

American Convention, in relation to the obligation to respect and guarantee provided for in article 1.1 of the same instrument, to the prejudice of Karen Atala. Id., Resolutions part, pp. 88-89, para. 314, number 2, paras. 94-99, 107-146,

218-222.

158 See, e.g., IACHR, Report on the Human Rights Situation in Jamaica, Chapter: VII: Discrimination Based on

Sexual Orientation and Gender Identity, August 23, 2012, pp. 95-109.

159 ECLAC, Achieving the Millenium Development Goals with Equality In Latin America and the Caribbean,

August 2010, p. 33.

160 ECLAC, Achieving the Millenium Development Goals with Equality In Latin America and the Caribbean ,

August 2010, p. 33.

26

Constitutional Court in said country granting specific rights to displaced women.

161 They face notable barriers in their access to health, education, social services, and other opportunities.

162

Women human rights defenders in the Americas also face very important challenges to participate in the public life of their societies and to perform their work of activism. Women who work in the defense of human rights continue in several countries of Latin America and the

Caribbean to be exposed to an increased risk to acts of violence, harassment, homicide, and the criminalization of their activities.

163 This is due to the historical discrimination that women human rights defenders have faced on the basis of their sex, but also by virtue of the causes that they pursue.

164

Nationality and participation in political and public life: The Situation of Migrant Women

An important challenge which has been garnering increased international attention in the realm of nationality is the situation of migrant women in Latin America and the Caribbean, and the general protection of their human rights. Several organizations in the region have referred to the feminization of migration due to the search of employment opportunities by migrant women in two different realms in particular: labor work and care services.

165 In this sense, State and non-State actors have in general noted a range of factors which cause women to migrate in Latin America and the Caribbean, including economic uncertainty and the scarcity of employment opportunities; psychological factors such as the desire to meet people and other cultures; gender-based reasons such as the need to break free from violent partnerships; and the impact of armed conflicts in countries.

166 Available information has also alluded to the multiple forms of discrimination that migrant women can face based on their sex, status as migrants, and domestic work, since the latter is one of the most prevalent activities that they perform.

167

The author notes that it can be presumed that some of the challenges migrant women face to exercise their economic, social, and cultural rights, also impede their full participation in the public life of their societies. Along with the experience of migration, they suffer significant barriers to access employment, education, and basic health services, and they often live in poverty, which

161 See Sentence T-025-04 and Auto 092-08 granting specific rights and protections to displaced women, including female heads of household. For more discussion of these judgments, see IACHR, Legal Standards Related to

Gender Equality and Women’s Rights in the Inter-American Human Rights System: Development and Application

(2011). pages 51-57. See also, IACHR, Violence and Discrimination against Women in the Armed Conflict in Colombia ,

OEA/Ser.L/V/II. Doc. 67, October 18, 2006, pp. 25-32; 76-79.

162 See CEDAW Concluding Comments Colombia (2007), para. 12; CEDAW Concluding Comments Jamaica

(2011), paras. 37-38.

163 IACHR, Report on the Situation of Human Rights Defenders in the Americas (2006), paras. 226-232; IACHR,

Second Report on the Situation of Human Rights Defenders in the Americas (2010), paras. 113-119.

164 IACHR, Report on the Situation of Human Rights Defenders in the Americas (2006), paras. 226-232; IACHR,

Second Report on the Situation of Human Rights Defenders in the Americas (2010), paras. 113-119.

165 See, e.g.,

IACHR, Thematic Hearing, 141° Period of Sessions, Hearing related to the Human Rights Situation of Women Migrants in the Andean Region, requested by Regional Init iative “Opening Worlds, Migrant Women, Women with Rights”, integrated by the Humanas Corporation – Colombia; the Coordinator for Women and the Advocacy Collective

– Bolivia; Hope Foundation – Ecuador; Center for Women Flora Tristan – Peru; and Intermon Oxfam – Spain, page 4.

166 See, e.g., Regional Feminist Articulation for Human Rights and Gender Justice, Regional Report for Human

Rights and Gender Justice (2011), IX. Migrant Women, pages. 227-244. See also, Eleventh Regional Conference of

ECLAC on Women and the Caribbean, Consensus of Brasilia (2010). For more information, see http://www.eclac.cl/mujer/noticias/paginas/6/40236/ConsensoBrasilia_ING.pdf

167 ECLAC,



27

hinders their ability to possess the needed resources to wage political campaigns, and to hold positions either at the local or national levels. Different organizations in Latin America and the

Caribbean have also noted that the increasing employment of migrant women in domestic work and care positions perpetuates current gender schemes and the traditional roles performed by women, by furthering the notion of women as caretakers and the one responsible for home care. Many migrant women also lack the necessary identity documents to vote – along with indigenous, afrodescendent and women living in rural areas - and they often do not have information available of their rights.

168 Their needs are also notably absent from the public agenda.

169

However, additional studies are needed to address the real dimension of the barriers faced by migrant women to participate in the public life of their societies. The creation of participation spaces from the State are also needed for migrant women to properly have a voice in the adoption of legislation, policies, and programs which affect them.

The impact of the church on political structures, law, and policy-making related to the rights of women

The author considers that the church in Latin America and the Caribbean has had a notable influence in the participation of women in the public agenda in at least three levels: a) in the development of social and cultural notions of women’s role in society and as leaders; b) in its role in the overthrow of repressive regimes, and the development of social movements; and in the c) the development of legislation, public policies, programs , and services in areas pertaining to women’s rights issues which are perceived as morally complicated, such as their sexual and reproductive rights.

Some experts have noted as a challenge to the political participation of women the still significant influence of the hierarchy of the church in politicians in Latin America, which stands in stark contrast with the increasing social and economic modernization of the region, and the introduction in several countries of constitutional provisions providing for the separation of the

Church and State.

170 For example, in an ECLAC survey related to political participation in Latin

America, a significant percentage of those interviewed noted the significant influence of the church in opposing gender parity in public-decision making positions.

171

It is important to note however, that the Catholic Church in particular played an important role in the defense of human rights on behalf of those politically persecuted during the repressive regimes in the 1970’s and 1980’s.

172 Well-known academic Mala Htun has underscored how even

168 See generally, Consensus of Quito (2007), resulting from the Tenth Regional Conference on W omen in Latin

America and the Caribbean. For more information, see http://www.eclac.cl/publicaciones/xml/5/29555/dsc1i.pdf

169 IACHR, Thematic Hearing, 141° Period of Sessions, Hearing related to the Human Rights Situation of Women

Migrants in the Andean Region, requested by Regional Initiative “Opening Worlds, Migrant Women, Women with Rights”, integrated by the Humanas Corporation

– Colombia; the Coordinator for Women and the Advocacy Collective – Bolivia;

Hope Foundation – Ecuador; Center for Women Flora Tristan – Peru; and Intermon Oxfam – Spain; Regional Feminist

Articulation for Human Rights and Gender Justice, Regional Report for Human Rights and Gender Justice (2011), IX.

Migrant Women, pages. 227-244.

170 See, generally, Marta Lamas, Professor, Autonomous Technological Institute of Mexico , Gender,

Development, and Feminism in Latin America (2007); Isabel C. Jaramillo, The Catholic Church, Sex, and Sexuality in

Latin America: Beyond the Public and Private Distinction (2009); Sofía Montenegro, The State, Women, and the Fight for

Citizenship in Latin America: Notes to Understand the Exclusion and Gender Inequality , July 2008.

171 ECLAC, Opinion Survey, Political Parity of Gender in Latin America: Evolution, Impulses and Barriers from the

Leaders of the Region , April 2011, page 32.

172

Mala Htun, Sex and the State: Abortion, Divorce, and the Family under Latin American Dictatorships and

Democracies , Cambridge University Press, 2003, paras. 23 and 24. See also, Joan M. Caivano and Thayer Hardwick,

Latin American Women in Movement: Changing Politics, Changing Minds , in Inter-American Development Bank, Special

28

though the church in Latin America historically allied itself with the oligarchy and the military, many bishops transferred their allegiances in the 1970’s and the 1980’s.

173 A great deal of bishops i nfluenced by liberation theology “condemned the human rights abuses of military governments, introduced new participatory structures, and worked with social movements and labor unions to demand social justice.” 174

The church still remains a very relevant actor in the debate in Latin America and the

Caribbean pertaining to the legislation related to abortion, and in any efforts to decriminalize and/or to improve the implementation of the exceptions contained in the existing normative framework.

175

This influence is particularly acute in countries such as Costa Rica, where Roman Catholicism is the official State religion; a country which also has in place some of the most restrictive reproductive rights policies as noted throughout this study.

176 Even though a range of reforms related to gender equality issues were brought forth with the transition to democracy in Latin America, this wave did not bring major changes pertaining to the legislation concerning abortion; women affected by poverty suffering most of the effects of these restrictive policies.

177

The “extreme” and “restrictive” still greatly characterizes various policies pertaining to reproductive rights issues in several countries of the region. This stands in stark contrast with the recent liberalization of abortion laws in several countries, such as Mexico, Colombia, and Uruguay.

For example, the Inter-American Commission on Human Rights has documented how in various countries women have been accused of the crime of abortion or kinship murder, and sentenced to jail time, when they seek health services to receive obstetric care for premature deliveries.

178 In

Mexico, after the Supreme Court of Justice decriminalized abortion in the Federal District for the first twelve weeks, several States introduced amendments in their local constitutions to protect life from the moment of conception.

179 In Honduras, a legislative bill was under consideration by its

Congress on 2012 which aimed to criminalize the sale, distribution, and use of the “morning-after pi ll”, possibility imposing prison terms on the women implicated.

180

Women in public life and the use of information and communications technology (ICT)

Publications in Development, Civil Society and Social Movements: Building Sustainable Democracies in Latin America ,

Inter-American Development Bank (2008), pages 269-271.

173


Democracies , Cambridge University Press, 2003, paras. 23 and 24.

174


Democracies , Cambridge University Press, 2003, paras. 23 and 24.

175 See, generally, Mala Htun, Sex and the State: Abortion, Divorce, and the Family under Latin American

Dictatorships and Democracies , Cambridge University Press, 2003; Marta Lamas, Professor, Autonomous Technological

Institute of Mexico , Gender, Development, and Feminism in Latin America (2007).

176 See, generally, FLACSO Costa Rica and Roxana Hidalgo, Histories of Women in the Public Space in Costa

Rica, in light of the changes from the XIX century to the XXth , September 2004; CEDAW Committee, Concluding

Comments, Costa Rica (2011). See also, Constitution of Costa Rica, 1949, Title VI: The Religion, available at: http://pdba.georgetown.edu/Constitutions/Costa/costa2.html#mozTocId908434

177 See generally, Mala Htun, Sex and the State: Abortion, Divorce, and the Family under Latin American

Dictatorships and Democracies , Cambridge University Press, 2003, page 3.

178 See generally, IACHR, Press Release, Conclu sion of 141° Period of Sessions, April 1, 2011, Section on the

Rights of Women.

179 CEDAW, Concluding Comments, Mexico, July 2012, para. 32.

180 Amnesty International, Annual Report 2012, The State of the World’s Human Rights, http://wwww.amnesty usa.org/sites/default

29

The Latin America and the Caribbean region is a relative newcomer when it comes to the use of electronic media in general, even though it is recognized as an important tool in achieving good governance, political participation, social, and economic development.

181

A study from ECLAC and the International Development Center of Canada (IDRC) showed that Internet and broadband subscribers in the developed countries are respectively 62, 24 and 19 per 100 individuals, while in Latin America and the Caribbean all these indicators are below 12 per

100 individuals.

182 A regional expert on the issue – Gloria Bonder – has remarked on how internet connectivity is mainly an urban phenomenon in Latin America; how there is a marked segmentation among users according to social class; how digital gaps manifest themselves according to educational level and the quality of education received; and that there is a very significant prevalence of young users.

183 Gloria Bonder has also noted the dearth of data reflecting gender differences in the use of ICT’s.

184

Some examples in the region illustrating the noted increase in the use o f ICT’s in recent years are the development of numerous webpages related to different spheres of social, political, and public life 185 and the creation of community telecenters.

186 The use of electronic media has also been paramount among the women’s civil society organizations to mobilize around the major conferences addressing women’s rights issues, such as those in Beijing, Durban, and the World

Social Forum in Porto Alegre.

187 Some countries, such as Barbados, also have begun using information and communication technologies in both management and instruction in public and private schools.

188 UNDP has reported that most countries in the Caribbean have made a concerted effort, in collaboration with the private sector, to introduce modern technology in different sectors.

189

181 See, generally, ECLAC, Millenium Development Goals: Advances in the Environmental Sustainability of

Development in Latin America and the Caribbean (2010).

182 ECLAC and IDRC, ICT in Latin America: Microdata Analysis (2011), p. 15.

183 Gloria Bonder, From Access to Appropriation: Women and ICT Policies in Latin America and the Caribbean ,

UN Division for the Advancement of Women, Expert Group Meeting on Information and Communication Technologies and their Impact on and Use as an Instrument for the Advancement and Empowerment of Women, November 11-14, 2002.

184 Gloria Bonder, From Access to Appropriation: Women and ICT Policies in Latin America and the Caribbean ,

UN Division for the Advancement of Women, Expert Group Meeting on Information and Communication Technologies and their Impact on and Use as an Instrument for the Advancement and Empowerment of Women, November 11-14, 2002.

185 See, ECLAC, Millenium Development Goals: Advances in the Environmental Sustainability of Development in Latin America and the Caribbean (2010), p. 184. See also Greg Michener, Open Society Foundation Programs, Latin

America and Information Programs, Parliamentary Power to the People: Analyzing Online and Offline Strategies in Latin

America ; National Democratic Institute and World Bank Institute, Strengthening Parliamentary Accountability, Citizen

Engagement, and Access to Information: A Global Survey of Parliamentary Monitoring Organizations , September 2011.

186 See, generally, http://www.tele-centros.org.

187 Survey conducted among Latin American researchers and activists involved in work related to women, gender, and ICT’s, referred to in Gloria Bonder, From Access to Appropriation: Women and ICT Policies in Latin America and the Caribbean , UN Division for the Advancement of Women, Expert Group Meeting on Information and

Communication Technologies and their Impact on and Use as an Instrument for the Advancement and Empowerment of

Women, November 11-14, 2002.

188 United Nations Development Programme, Regional Report on the Achievement of the Millenium Development

Goals in the Caribbean Community , September 2004, p. 24.

189 United Nations Development Programme, Regional Report on the Achievement of the Millenium Development

Goals in the Caribbean Community , September 2004, p. 67.

30

However, it has been reported how most programs developed in the region of Latin America and the Caribbean aimed at promoting and disseminating the use of ICT’s do not take into account gender-related factors, and there is still a need for investigations related to disparities in access to

ICT’s.

190 Women who have the necessary training and education in jobs and careers related to

ICT’s also remain a minority.

191 ECLAC has reported how the incorporation of new technology and access to digital literacy still pose a challenge for all women in Latin America and the Caribbean, being the obstacles greater for those affected by poverty.

192

Limitations in the Availability of Data and Statistics

One of the most important challenges in Latin America and the Caribbean to address gender equality issues is the dearth of data on key issues related to women, and the lack of disaggregation of existing data. The States themselves have noted the scarcity of statistics available related to certain aspects of the political participation of women. For example, the government of Bahamas has stated before CEDAW that additional research regarding women’s political participation is needed to fill important gaps, including the percentage of female members of political parties; the nature of their participation; the measures taken by the parties to increase women’s membership, and the percentage of women as candidates in publicly elected bodies.

193

In the area of political participation, key data has been collected by entities such as the Inter-

Parliamentary Union, ECLAC, the Inter-American Development Bank, and academic institutions, but there are fields in political participation such as the local sector, the administration of justice systems, and political parties, where relevant data is still missing. Additionally, most of the data available is not disaggregated on the basis of race, ethnic background, age, migrant status, and other factors which are important to understand how different groups of the population which have been historically disadvantaged are fairing in terms of public and political participation. More data collection is also needed in the area of violence against women, and how these incidents impact women’s political participation.

III. Laws related to Political Participation: Achievements, best practices, and challenges

A. Main achievements and best practices in the past three decades in the adoption and elimination of laws which directly or indirectly discriminate against women in political and public life.

Latin American and Caribbean States have employed great efforts to address several gender equality issues in their legal and normative frameworks, and to reform legislation which is discriminatory towards women.

For example, most countries have incorporated the principles of non-discrimination and equality in their Constitutions, laws, and in their national plans of action.

194 Several constitutions

190 Susan Finquelievich, International Development and Research Center,

ICT’s and Poverty Reduction in Latin

America and the Caribbean , pp. 6-7.

191

Susan Finquelievich, International Development and Research Center, ICT’s and Poverty Reduction in Latin

America and the Caribbean , p. 9.

192 ECLAC, Achieving the Millennium Development Goals with Equality in Latin America and the Caribbean:

Progress and Challenges , August 2010, p. 169.

193 National Report of Bahamas before CEDAW Committee, 2009, para. 211.

194 National Reports presented before CEDAW Committee by the following States: Antigua and Barbuda (1997);

Argentina (2010); Bahamas (2010 and 2012); Barbados (1994 and 2002); Belize (1999 and 2007); Bolivia (1995 and

2008); Bolivarian Republic of Venezuela (1997 and 2006): Brazil (2003 and 2012); Chile (2006 and 2012); Colombia

(1994 and 1999); Costa Rica (2003 and 2011); Cuba (1996 and 2000); Dominica (2009); Dominican Republic (1998,

2004, and 1998); Ecuador (1994, 2003, 2008); El Salvador (2008 and 2003); Grenada (2012); Guatemala (1994, 2002,

2006, and 2009); Guyana (1994, 2001, 2005, 2012); Haiti (2009); Honduras (2007); Jamaica (2001, 2006, 2012); Mexico

31

and laws protect the right of political participation, and have begun to incorporate the principle of parity.

195 Most countries have ratified CEDAW and other key international treaties such as the

ICCPR and the ICCESR. However, several countries have yet to ratify the Optional Protocol to

CEDAW.

196

Countries have adopted a range of national action plans and policies to address different forms of discrimination against women, including violence.

197 Peru just adopted this year a National

Plan for Gender Equality (2012-2017) including measures oriented to advance women’s political participation in its seventh objective.

198

There are also important advances in the elimination of laws which are discriminatory towards women. Some countries have amended their Constitutions to incorporate the principle of equality of men and women.

199 Most of the countries have adopted amendments geared towards eliminating discriminatory text in their legislation related to violence against women or adding additional crimes and elements; granting equal rights to women and men in the realms of the family; and in the exercise of their rights to education and employment.

200

Most countries have adopted a legal framework to address different forms of violence against women.

201 The Convention of Belém do Pará has had a very significant influence in this

(1998, 2002, 2006); Nicaragua (2001, 2007); Panama (1998, 2010); Paraguay (1996, 2005, 2011); Paraguay (1996, 2005,

2011); Peru (1995, 1998, 2002, 2007); Saint Lucia (2006); Suriname (2002 and 2007); Trinidad and Tobago (2002);

Uruguay (2002 and 2008).

195 See, e.g., Constitution of Ecuador (2008); Constitution of Bolivia (2009); Constitution of Peru (1955).

196 For example, Chile, Guyana, Cuba, and El Salvador have yet to ratify the Optional Protocol to CEDAW.

197 For example, Chile has adopted the Equal Opportunities Plan of 1994 and the political participation of women is part of

SERNAM’s Programme (2010-2014). Guyana has launched a national policy on domestic violence (2008-2013) under the slogan “Break the Cycle Take Control”. In Jamaica, a National Policy on Gender Equality was adopted on 2011.

Mexico has launched a National System to Prevent, Treat, Punish and Eradicate Violence against Women (SNPASEVM) to promote inter-institutional coordinated actions on violence against women. Brazil promulgated a National Pact to

Combat Violence against Women. Costa Rica has adopted a National Gender Equality and Equity Policy (2012-2017) aiming to ensure the equality of women in different areas. Nicaragua has adopted a National Plan of Action for the

Prevention of Domestic and Sexual Violence (2001-2006). Colombia has included a chapter on gender equality to its

National Development Plan 2006-2010. Suriname adopted an Integral Gender Action Plan for the period 2006-2010.

198 See National Plan on Gender Equality, Peru, August 2012, available at: http://www.mimdes.gob.pe/index.php?option=com_content&view=article&id=2272&Itemid=170

199 Chile, for example, informed in its response to the questionnaire that it amended its Constitution on 1999 by means of Law 19.611 to establish the “juridical equality of men and women”, and in Jamaica, the Constitution was amended on 2011 – by means of the adoption of a Charter on Rights and Freedoms - to safeguard the right to nondiscrimination in a number of areas.

200 Countries such as Chile have introduced recent reforms to their laws related to intra-family violence to add the crime of “femicide”. Guyana adopted its Sexual Offenses Act of 2010 to expand its legal framework on sexual violence.

Jamaica amended its Domestic Violence Act in 2004 to make provision not only for married women, but also for women in common-law and visiting relationships to apply for protection orders when they are victims of domestic violence.

Bahamas amended its Education Act in 1996 to provide for universal and equal access to education, and adopted an inheritance law on 2002 which permits women and men to inherit equally.

201 For example, Bahamas – The Sexual Offenses and Domestic Violence Act of 1991; Chile, Law 19.325 – Intrafamily violence law (1995) (amended by means of Law 20.480 to add femicide as crime and 20.066 to improve the first);

Costa Rica - the Domestic Violence Act (No. 7586), the Criminalization of Violence against Women Act (No. 8589/2007) and the amendment to it (Act No. 8929/2011); Jamaica

– Sexual Offenses Act (2011) and Domestic Violence Amendment

Act, 2004; Mexico - General Law on Women’s Access to a Life Free of Violence (LGAMVLV-2007) and its regulations

(2008); Grenada - Domestic Violence Act (2010) and National Domestic Violence and Sexual Abuse Protocol (2011);

Guatemala - Act on Femicide and Other Forms of Violence Against Women (Decree 22-2008); Peru – Prevention and

Punishment of Sexual Harassment Act; and Brazil

– Maria da Penha Law (Law 11340), August 7, 2006.

32

regard. Most of these legal frameworks began with laws oriented to address domestic violence or intra-family violence, and have transitioned into more nuanced legislation oriented to address violence against women in general.

202 The Caribbean has also adopted a range of domestic violence laws using CARICOM as a model, and these laws have also transitioned.

203 However, the author notes the still prevailing levels of violence against women in Latin America and the

Caribbean despite these measures.

204

Various countries have also implemented a series of legal, regulatory, and public policy reforms advancing the rights of women to participate in public and political life. The most significant in the region of these have been the adoption of different kinds of temporary special measures in fourteen countries of the hemisphere, in different modalities.

205 For example, Argentina was the first country to adopt this kind of legislation in 1991 mandating that the lists of candidates presented by parties for publically-elected positions for parliamentary seats should contain a 30% minimum of women. In Brazil, Law 12034/2009 requires that political parties maintain a minimum of 30% and a maximum of 70% of women in their candidate lists. Mexico has undertaken recent amendments to the Federal Code of Electoral Institutions and Procedures to introduce a gender quota system to register candidates in a proportion of 40-60%. In Costa Rica, the Electoral Code was reformed on

2009 changing the system of quotas for women’s participation in political life to a system based on gender parity (50% women and men). Colombia has adopted and implemented the Quota Act (Act

581 of 2000) which guarantees women at least 30 percent of discretionary appointments at the highest decision-making levels and high-level management posts in all public entities. Colombia has adopted and implemented the Quota Act (Act 581 of 2000) which guarantees women at least

30 percent of discretionary appointments at the highest decision-making levels and high-level management posts in all public entities.

Several studies have remarked how countries with quota systems have seen significant improvements in women’s political participation, such as Argentina and Costa Rica, in particular in the legislative branch, in contrast to those without quota systems.

206 Moreover, Latin American countries display higher levels of representation, in contrast to their Caribbean counterparts where most countries have not codified quotas in their legislative schemes.

207 In the next section, the author describes some of the main challenges found in the text and application of quota laws, and the requirements for them to be successful.

202 For example, Costa Rica (2007), Guatemala (2008), and El Salvador (2010) have adopted recent legislation to address violence against women in general, in addition to the legislation they already had in place related to intra-family violence. See discussion, in IACHR, Access to Justice for Women Victims of Sexual Violence in Mesoamerica (2011), pp.

37-40.

258-281.

203 See discussion, in IACHR, Access to Justice for Women Victims of Violence in the Americas (2007), paras.

204 See, generally, ECLAC, Not one More! The Right to Life Free from Violence in Latin America (2009).

205 See information by country in ECLAC, Gender Equality Observatory in Latin America and the Caribbean,

Quotas Laws, available at: http://www.eclac.cl/cgibin/getprod.asp?xml=/oig/noticias/paginas/5/36135/P36135.xml&xsl=/oig/tpl/p18f.xsl&base=/oig/tpl/top-bottomdecisiones.xsl

. See also discussion in the following studies: ECLAC, Women’s Contribution to Equality in Latin America and the Caribbean, Tenth Regional Conference on Women in Latin America and the Caribbean, Quito, August 6, 2007, p.

17-39; International IDEA, FLACSO Chile, Catalonia, Women and Politics, The Impact of Gender Quotas in Latin America

(2008), pp. 99242; and ECLAC, Women’s Contribution to Equality in Latin America and the Caribbean, Tenth Regional

Conference on Women in Latin America and the Caribbean, Quito, August 6, 2007, pp. 27-33.

206 See, generally, ECLAC, Women’s Contribution to Equality in Latin America and the Caribbean , Tenth

Regional Conference on Women in Latin America and the Caribbean, Quito, August 6, 2007; Social Science Research

Council, Conflict Prevention and Peace Forum, Presence without Empowerment? Women in Politics in Latin America and the Caribbean , December 2010.

207 Social Science Research Council, Conflict Prevention and Peace Forum, Presence without Empowerment?

Women in Politics in Latin America and the Caribbean , December 2010.

33

Laws have also been promulgated to promote women’s representation and political participation within political party structures, including quotas or the parity principle.

208 Good examples of these laws can be found in Ecuador, Honduras, Peru, Costa Rica, and Mexico.

209

Information available also indicates that a number of political parties in Argentina, Bolivia, Costa

Rica, the Dominican Republic, Ecuador, Honduras, Panama, Paraguay and Peru apply gender quotas in their candidate lists for elected office or party leadership positions.

210

The women’s movement in Latin America and the Caribbean has been very active at using international human rights law instruments, such as the Beijing Platform of Action, the Cairo

Platform of Action, and the Millenium Development Goals, among other documents, to include women’s needs in the public agenda, and the existing legal framework. They are also very active before treaty-based organs such as the CEDAW Committee, and the Universal Periodic Review

Process, to provide contrasting information to these organs to incorporate in their concluding comments for States by means of shadow reports. Afterwards they use these concluding comments in their lobbying efforts at the national level. However, it is important to note the challenging situation of women’s rights organizations in Latin America and the Caribbean and the dearth of human and financial resources they currently face due to a range of factors, including the current global crisis.

B. Challenges in the design and implementation of laws on equality and non-discrimination, and women’s human rights.

There have been a series of historical challenges in the text of the gender equality legislation, and its implementation, with an avid impact on several areas of women’s rights, including the exercise of their right to participate in public and political affairs. These have promoted the tolerance of discrimination against women, and the repetition of these acts. This is furthermore worsened by the notable lack of access to justice and accountability mechanisms when these forms of discrimination happen.

The author notes that despite the advances noted above in the adoption of quota laws, there are several countries in Latin America which have not adopted quota laws, such as Chile and

Guatemala, which has contributed to low levels of representation of women in the legislative branch, and other levels of public administration.

211 The effect is particularly alarming in countries with a binominal elec toral system such as Chile, since this electoral system tends to disfavor women’s political participation as it seeks to limit the number of candidacies and political parties involved, as opposed to proportional systems which predominate in Latin America.

212 The English-speaking

Caribbean countries also display low levels of parliamentary representation

– with the exception of

Trinidad and Tobago.

213 In Guyana the effect of the quota system has been mixed.

214 The CEDAW

208 See discussion in Inter-American Development Bank and PROLEAD Program, Political Parties and Parity:

The Pending Equation (2010)

209 IACHR,


(2011), paras.

153-154.

210 IACHR, The Road to Substantive Democracy: Women’s Political Participation in the Americas (2011), paras.

155.

211 See, generally, Social Science Research Council, Conflict Prevention and Peace Forum, Presence without

Empowerment? Women in Politics in Latin America and the Caribbean , December 2010.

212 IACHR, Report on the Rights of Women in Chile: Equality in the Family, Labor and Political Sphere (2009), paras. 120-125.

213 See, discussion in, ECLAC,

Women’s Political Participation and Gender Parity in Decision-Making at All

Levels in the Caribbean , Tenth Regional Conference on Women in Latin America and the Caribbean, Quito, Ecuador,

August 6-9, 2007, LC/CAR/L.129 (CRM.10/7), July 30, 2007.

34

Committee has observed positively that the female representation in Guyana ’s parliament increased between 18.5 % in 1992 to 32 per cent in 2012, but remarked the persistent gender-biases in the country; the lack of training, and the poverty which affects women; all variables which can impact the effectiveness of a quota law in practice.

215 The Committee also remarked the slow progress in the equal participation of Amerindian women in Guyana in leadership positions.

216

A variety of experts, international organs, and regional entities have identified a number of factors which still challenge the full efficacy of quota laws, despite the best practices mentioned above.

217 The effect of quota laws can be limited based on their compatibility system with the electoral system at issue, their precise language and scope, and the lack of accountability mechanisms to ensure their compliance. Quota laws also have tended to be applied mostly for the purpose of increasing participation in the legislative branch, but less so in the designation of positions in the Executive and Judicial Branches, and at the municipal level, and they tend to apply only to popularly elected office. Another layer of problems are related to the interpretation and implementation of quota laws, including the positioning of women in slots in party lists which does not offer them real chances to be elected, 218 and the interpretation of quota laws as a ceiling instead of as a minimum. There is still a notable reluctance from political parties to apply quota laws, and the concept of “quotas” is still somewhat stigmatized in countries such as Chile and in English-

Speaking Caribbean countries. Therefore, there is a growing consensus in the region of Latin

America and the Caribbean that quota laws should be introduced along with other measures to strengthen democratic institutions; promote the inclusion of women’s interests in the agenda; to address the public opinion of women in public office and the resistance of political parties; adequate training of how to implement these laws; and measures to address the alarming levels of poverty of women in Latin America and the Caribbean.

The author notes other challenges in regards to the text of existing legislation in Latin America and the Caribbean. Some countries still have discriminatory legislation in place which promotes human rights violations against women. For example, Chile, despite its high degree of social and economic development, still has in place a regime which does not grant equal rights to men and women in the administration of property in marriage, which has been the subject of repeated international concern.

219 The Constitution of Brazil still establishes a difference in treatment between domestic workers and other workers, which has a disproportionate impact on women, who hold most of these positions.

220

214 CEDAW Committee, Concluding Observations on Guyana, 2012, paras. 18-19.

215 CEDAW Committee, Concluding Observations on Guyana, 2012, para. 26.

216 CEDAW Committee, Concluding Observations on Guyana, 2012, para. 26.

217 See, IACHR, The Road to Substantive Democracy: Women’s Political Participation in the Americas (2011), paras. 129-149; ECLAC,


, Tenth Regional

Conference on Women in Latin America and the Caribbean, Quito, August 6, 2007, p. 17-39; International IDEA, FLACSO

Chile, Catalonia, Women and Politics, The Impact of Gender Quotas in Latin America (2008), pp. 99-242; and ECLAC,

Women’s Contribution to Equality in Latin America and the Caribbean , Tenth Regional Conference on Women in Latin

America and the Caribbean, Quito, August 6, 2007, pp. 27-33; CEDAW Committee, Concluding Observations on Brasil

(2011) and Guyana (2012).

218 For example, see cases of IACHR, Friendly Settlement Report N. 103/01, Case 11.307, Maria Merciadri di

Morini , October 11, 2001; IACHR, Report No 51/02 (Admissibility), Janet Espinoza Feria et al, Petition 12.404 (Peru),

October 10, 2002.

219 CEDAW Committee, Concluding Observations on Chile, 2007; IACHR, Report on the Rights of Women in

Chile: Equality in the Family, Labor and Political Sphere (2009), para. 63.

220 See CEDAW Committee, Concluding Comments on Brazil, 2011.

35

Guatemala still has important anachronistic legislation in place, such as the disparity between the legal age of marriage for men and women; and the failures to adopt adequate prohibitions to discrimination in both the criminal and civil laws. The State of Guatemala itself has claimed before the CEDAW Committee that “The process of eliminating male bias from national legislation has been a slow and difficult one, for the legal process and system are a social product in which women’s particular needs and interests are persistently overlooked.” 221 It is important to underscore though that some important outdated laws have been reformed in Guatemala such as the repeal of

Article 200 of the Criminal Code which provided for the extinction of criminal proceedings against perpetrators of sexual crimes in the event of subsequent marriage to the victim.

222 In Suriname, the

CEDAW Committee has noted with concern provisions in domestic laws that discriminate against women, including in the Nationality and Residence Act, the Penal Code, and the Personnel Act.

223

Several countries from the English-Speaking Caribbean such as Bahamas and Grenada still do not incorporate the principle of discrimination in the area of political participation in their legislation, and the CEDAW Committee has commented on the restrictive scope of the definition of discrimination contained in several constitutions such as those of Guyana and Jamaica.

224

Beyond issues concerning text, there is a persistent gap in the region of Latin America and the

Caribbean concerning the implementation of laws oriented to address different spheres of the rights of women.

225 Some of these gaps have been explained in the absence of regulations to implement the existing legislation, the lack of clear procedures and training programs to enable public officials to correctly interpret and apply the law; the excessive workload of state authorities; and the general public’s unfamiliarity with the law and how to interpret. There is also an avid lack of monitoring mechanisms to assess the implementation of existing laws. In this sense, the Inter-American

Commission on Human Rights has underscored that a genuine commitment is required from States, backed up by sufficient financial and human resources, to ensure that existing laws are properly applied and implemented.

226 The problems with the implementation of existing laws are also aggravated in the region by the significant barriers to access justice that women face in the civil, criminal, and administrative settings, and the deficiencies in the accountability mechanisms in general to obtain a remedy when human rights violations occur.

227

IV. Women’s Political Participation: Times of political transition in Latin America and the

Caribbean

In this section, the author proceeds to examine different political transitions which have occurred in Latin American and Caribbean countries since the adoption of CEDAW in 1980, using

221 See National Report of Guatemala before CEDAW Committee, 2010.

222 See National Report of Guatemala before CEDAW Committee, 2010

223 See CEDAW Committee, Concluding Comments, Suriname, 2007.

224 See CEDAW Committee, Concluding Comments, Bahamas (2012); Guyana (2012); Grenada (2012) and

Jamaica (2011).

225 See, generally, analysis regarding the implementation of legislation in IACHR, The Work, Education, and

Resources of Women, The Road to Equality in Guaranteeing Economic, Social and Cultural Rights (2011); IACHR,

Access to Information on Reproductive Health from a Human Rights Perspective (2011); IACHR, Access to Justice for

Women Victims of Sexual Violence in Mesoamerica (2011); IACHR, The Road to Substantive Democracy: Women’s

Political Participation in the Americas (2011); IACHR, Access to Maternal Health Services from a Human Rights

Perspective (2010); IACHR, Access to Justice for Women Victims of Violence in the Americas (2007).

226 IACHR, Access to Justice for Women Victims of Violence in the Americas (2007), para. 223.

227 See, generally, IACHR, Access to Justice for Women Victims of Sexual Violence in Mesoamerica (2011);

IACHR, Access to Justice for Women Victims of Violence in the Americas (2007).

36

case-examples. In regards to each of the cases, the author discusses several variables with a close connection to women’s participation in public and political life, including the role of discriminatory laws in these processes, and whether their reform was a by-product, or focus of these transitions. The author also reviews opportunities gained and lost; particular risks and vulnerabilities women faced; and lessons learned and good practices. Reference is also made to the incidence of the women’s movement in these processes, which has been a key agent of advocacy and change in Latin America and the Caribbean, in reference to issues pertaining to discrimination against women, and women’s participation in public and political life.

Transitions from Repressive Regimes to Democracy: The Cases of Argentina and Brazil

On March 24, 1976, a military dictatorship assumed power in Argentina – at the hands of a military junta – which remained in power until 1983. During this repressive regime, numerous human rights violations were documented, including the disappearance of between 9,000 to 30,000 persons, whose bodies were never found; the extrajudicial killing of supposed subversives; and the appropriation of newborns from the imprisoned mothers who were later raised as the adopted children of military men, among other human rights violations.

228 On December 10, 1983, Raúl

Alfonsín assumed the presidency in Argentina in a democratic fashion, and on December 17 he announced that he was setting up a Commission to investigate the disappearances of what he considered to be more than 6,000 Argentines in nearly eight years of military rule. The National

Commission of the Disappearances of Persons (CONADEP) investigated and recorded on a caseby-case basis the disappearances of about 9,000 persons, confirming that this is not a definitive figure since many cases were not reported.

229

It is important to note that se veral women’s rights groups had a very visible role in the overthrow of this repressive regime. Foremost, were the Mothers and Grandmothers of the Plaza de Mayo . The Mothers of the Plaza de Mayo is an association of Argentine mothers whose children were subject to disappearances during the military dictatorship, who have fought for about three decades to reunite with their abducted children. They started demonstrating on 1977, in front of the

“Casa Rosada”, the Presidential Palace, and became well-known for their public showings.

230 The

Grandmothers of the Plaza de Mayo had as their aim to find the babies stolen and abducted during the dirty war and to return the children to their biological families.

231

Available information indicates that the process of democracy-building in Argentina opened the possibility for adopting a normative framework advancing the rights of women, and the creation of a series of institutions devoted to advancing gender equality principles. CEDAW was ratified by the State on July 15, 1985, about one year and a half after the resumption of democracy.

The State also presented its first report before the CEDAW Committee on September 21,

1992

– about five years after its transition to democracy - indicating that the following legislative measures had been adopted to advance gender equality issues during this period: the ratification of several international human rights treaties including the American Convention, the ICCPR and the

ICCESR. It also mentions laws adopted to conform to CEDAW, such as Law 23.515, adopted on

1987, to reform the provisions governing the family regime to grant equal rights to women in the realms of divorce, the selection of a domicile, and of the family name, and Law 23.226, that gives

228 See generally , Report,

Nunca Más

(Never Again), National Commission on the Disappearance of Persons,

Argentina, 1984; Amnesty International, Argentina: The Right to the Full Truth , June 1995; Inter-American Commission on

Human Rights, Report on the Situation of Human Rights in Argentina (1980).

229 See generally , Report,

Nunca Más

(Never Again), National Commission on the Disappearance of Persons,

Argentina, 1984.

230 For more information, see http://www.madres.org/navegar/nav.php

231 http://www.abuelas.org.ar/english/history.htm

37

the spouse pension rights in the marriage. The State also mentions the adoption of a quota law in

1991 – the first one of its kind in Latin America – Law 24.012 – stipulating that the lists of candidates presented by the political parties must include at least 30 percent of women for posts subject to election. The State also informed the CEDAW Committee of the creation of a Directorate General for Women’s Affairs at the government level and a Coordinating Council for Public Policies on

Women. The State itself recognizes that the recognition of the legal rights of women was propelled during this post-dictatorship period by the “demands by a vast movement of women as members of political parties and many nongovernmental organizations engaged in various activities.” 232 The

State, during the CEDAW Committee Review in 1997, also informed of the 1994 Constitutional

Reform, in which CEDAW was granted a status on par with the constitution, along with other international treaties.

However, these efforts to advance women’s rights during the democratization process at the national level stand in stark contrast with the low participation of women in decision-making positions before the 1990’s. The State itself recognizes before the CEDAW Committee in 1992 that the participation of women in senior posts in all branches of the State and in political parties was very low and rare. It was not really until 2002, that Argentina started showing more than 30% figures of representation in both houses of Congress.

233 Many experts and organizations associate this increase in the participation of women to the adoption of quota laws in Argentina on 1991 and its subsequent reforms.

234 Jacqueline Jacquette and Beatriz Kohen, have documented how the quota law in Argentina adopted on 1991, was a response to a collective effort by women in political parties to the low numbers of women represented in Congress, and involved numerous alliances between women legislators and sectors of the women’s movements, which became vital for its effectiveness.

235 It is important to recognize the impact of the quota law since 1991 in increasing the presence of women in Congressional and Senate seats in Argentina, now ranked fourth in Latin

America and the Caribbean in percentages of women holding lower and upper seats in its legislative branch.

236

Nonetheless, it is important to note that this numerical achievement has also been joined with important challenges to women’s full equality in Argentina, including problems with the adequate implementation of the quota law, and its lack of application in other sectors such as the executive and justice sectors, and the local level.

237 A case which illustrates the problems that the quota law had in Argentina in regards to implementation is the case of Maria Merciadri di Morini , which was resolved by means of a friendly settlement before the Inter-American Commission on

Human Rights on October 11, 2001.

238 In said case, the petitioner alleged that on the list of six candidates running on the Union Civil Radical party ticket for election as national deputies from the

Province of Córdoba, one woman was fourth on the list and another was sixth. They alleged that

232 State of Argentina, National Report before CEDAW Committee, September 21, 1992.

233 IPU and UN Women, Statistics, Women in Parliaments , 1992-2002, available at: http://www.ipu.org/wmne/classif-arc.htm

234 ECLAC,



235 Jane S. Jacquette, Feminist Agendas and Democracy in Latin America (2009), The Effectiveness of Legal

Strategies in Argentina, Beatriz Kohen.

236 IPU, Women in National Parliaments, up to July 31, 2012.

237 In Equal Footing? Fifteen Years after the Gender Quota in Argentina , Marcela Ríos Tobar, Editor, Women and

Politics, The Impact of Gender Quotas in Latin America, International IDEA, FLACSO Chile, and Catalonia, (2008), pp.

99-128.

238 IACHR, Report N. 103/01, Case 11.307, Maria Merciadri di Morini , October 11, 2001.

38

this was in violation of Law 24.012 and its governing decree N. 379/03, which required that two women be listed among the first five positions. The case was resolved by means of a friendly settlement signed by the petitioners and the State on March 8, 2001. As part of said agreement, the

State adopted Presidential Decree N. 1246 to improve the implementation of the 1991 law given the differing interpretations that various political parties gave to the law, in particular in regards to the position of women candidates on the lists.

Brazil was also ruled by a military regime between March 31, 1964 and March 15, 1985.

This regime assumed power for fifteen years, during which it was repressive in nature, censoring the media and public opinion, as well as committing acts of torture, enforced disappearances, and violence against dissidents.

239 The current Brazilian government – lead by its first women elected

President in the country Dilma Roussef – has just conformed a Truth and Reconciliation

Commission, to study human rights violations which occurred during this period of government in

Brasil.

240

According to the Inter-American Commission on Human Rights, the return to democracy to

Brazil saw a strengthening of government institutions, the ratification of various international human rights instruments such as CEDAW, 241 the ICCPR and the ICCESR; and the encouragement of the involvement of civil society in the quest for solutions to the main problems facing the country.

242

Women’s rights organizations had an active role in Brazil in the reform of legislation and in the strengthening of institutions.

243 The efforts of women’s rights organizations were also supported in this regard by two national entities created at the time, the First State Council on the Condition on

Women, created in 1983 to provide advice in the integration of women in the political, economic, and cultural life of the State, and the National Council on Women’s Rights established under the

Ministry of Justice to ensure that policies were adopted to end discrimination against women.

An example of the influence yielded by women’s rights organizations and these State institutions were the incorporation of a number of gender equality provisions in the 1988

Constitution, which was paramount to the democratization process in Brazil. Said Constitution establishes that all persons are equal before law and have equal rights and obligations (Section I and article 5); the fundamental obligation of the State to promote the welfare of all without discrimination (Article 3.IV). Article 7 also enunciates specific rights for female workers, such as maternity leave, and the protection of the female job market, and the provision of incentives.

244

It should be noted though that it has taken longer for Brazil to reach certain landmarks in the representation of women’s rights issues in the public agenda, despite the strength of its women’s

239 Special Commission on Politically Motivated Deaths and Disappearances of Persons, Right to Memory and

Truth , Special Secretariat of Human Rights for the Presidency of the Republic, Brasilia, 2007; Inter-American Court of

Human Rights, Case of Gomez Lund et.

Al. (“Guerrilha do Araguaia”) v. Brazil, Judgment of November 24, 2010, paras.

85-87.

240 IACHR. Press Release, No. 48/12, IACHR Welcomes Establishment of the Truth Commission in Brazil , May

15, 2012.

241 Even though Brazil ratified CEDAW with a number of reservations in 1984, those reservations were withdrawn in 1994.

242 IACHR, Report on the Situation of Human Rights in Brazil (1997), para. 10.

243 IACHR, Report on the Situation of Human Rights in Brazil: Chapter VIII: The Human Rights of Brazilian

Women (1997), para. 2.


Women (1997), para

. 7; National Report of Brazil before CEDAW Committee (2011), para. 8; Brazil’s Response to the

Questionnaire on the Application of the Beijing Platform of Action (1995) and the Results of the Twenty-Third Period of the

Extraordinary Sessions of the General Assembly (2000).

39

rights movement. For example, Brazil was one of the countries with the latest adoption of legislation to address domestic violence, as the Law of Maria da Penha was not promulgated until

August 7, 2006, and the process of reforming anachronistic legislation has been slow and gradual.

245

Brazil adopted quota legislation on 1997, but it has been widely reported that it has not been as effective as the Argentinian law for a number of reasons. These include the lack of concern for underrepresentation among politicians; the conditions in which the proportional electoral system operates including closed lists, and a limited number of women who are willing to present themselves as candidates; and the lack of sanctions contained in the legislation for the political parties who do not comply with the quota legislation.

246 Despite its growing economy and international political influence, Brazil has also been the subject of international criticism due to the tolerance of violence against women by its system of administration of justice, its high levels of poverty and citizen insecurity, and the fact that indigenous and afrodescendent women have been largely excluded from decision-making positions historically.

247

Transition from Armed Conflicts: Guatemala and Peru

Guatemala faced an armed conflict for 36 years, ending on December 29, 1996 with the signature of the peace accords. The death toll of the conflict was estimated between 130,000 and

200,000 persons, and it resulted in about 50,000 disappearances, 1 million internally displaced persons, 100,000 refugees, and 200,000 orphaned children.

248 The peace accords led to the establishment of the Historical Clarification Commission of Guatemala and its resulting report –

Guatemala: Memory of Silence – documented numerous human rights violations, particularly Statesponsored acts perpetrated against the Mayan people amounting to genocide.

249 It also included a separate chapter solely devoted to acts of sexual violence suffered by women, especially those

Mayan and indigenous, as a generalized practice employed by State agents during said conflict.

250

Guatemala is a study of contrasts when it comes to gender equality issues during the resolution of the conflict and the post-conflict period. The peace negotiation process in general was widely lauded as a space where women and civil society had the opportunity to participate in


Women (1997), para. 9.

246 International IDEA, FLACSO Chile, Catalonia, Women and Politics, The Impact of Gender Quotas in Latin

America , Claudia Araújo, Why do Quotas do not Work in Brasil?

(2008); ECLAC, Women’s Contribution to Equality in

Latin America and the Caribbean , Tenth Regional Conference on Women in Latin America and the Caribbean, Quito,

August 6, 2007, p. 34.

247 See, e.g. IACHR, Merits Report N. 54/01, Maria da Penha Maia Fernandes (Brazil), 2001; IACHR,

Admissibility Report, Petition 337-03, Samanta Nunes Da Silva (Brazil); IACHR Repor No. 38/07, Marcia Barbosa de

Souza (Brazil); CEDAW Committee Concluding Comments 2012.

248 See, generally, Inter-American Commission on human Rights, Fifth Report on the Situation of Human Rights in Guatemala ,OEA/Ser.L/V/II.111 doc. 21 rev., April 6, 2001.

249 The creation of the Historical Clarification Commission was ordered by the Oslo Accords of 1994, which sought to bring an end to the Guatemalan armed conflict. Its mandate was to investigate the human rights violations perpetrated by both sides of the armed conflict.

Center for Transitional Justice, What Happened to Women: Gender and Reparations for Human Rights Violations?

,

“Guatemala: Gender and Reparations for Human Rights Violations,” Social Science Research Council, New York, 2006.

250 Historical Clarification Commission, Guatemala: Memory of Silence , Chapter II, Volume III; International

40

the peace-building agenda.

251 In this sense, the peace accords included an ambitious agenda to advance the full recognition and the incorporation of women in public affairs and in the development of the post-conflict State.

252 Among the commitments were legislative and programmatic obligations to enhance the protection of the rights of women to organize and participate in equal terms with men in senior decision-making positions in local, national, and regional institutions and in public administration. They also provide for their incidence in the economic and social development of the country and for the recognition of the equal rights of women and men in the home and in the workplace, and their access to land, credit, and resources. The agreements also require the State to review legislation to eliminate all forms of gender discrimination in the protection of the economic, social, and cultural rights of women, and to ensure that the terms of CEDAW were given full effect.

In the Agreement on the Identity and the Rights of Indigenous Peoples, there is a formal recognition of the double discrimination to which indigenous women are subjected to, and the need to establish a State office for the defense of indigenous women to provide advisory and social services.

Along with the accords, there were a number of positive legislative measures which were adopted to advance the rights of women in the five years after the adoption of the peace accords, including the promulgation of the 1999 Law for the Dignity and Integral Promotion of Women, the

1996 Law to Prevent, Punish and Eradicate Intrafamilial Violence, and several reforms to the civil code undertaken in 1998 and 1999.

253 The State also created a number of important State institutions to address women’s interests in the public agenda, including the Presidential Secretariat of Women, the Coordinator to Prevent, Punish and Eradicate Intrafamilial Violence and Violence against Women (“CONAPREVI”), and the Office of the Defender of the Human Rights of Indigenous

Women.

However, this stands in contrast with the persistence of anachronistic legislation in the country, and the slow process in reforming laws which are discriminatory towards women.

254 A good illustration is the case decided by the Inter-American Commission on Human Rights related to

Maria Eugenia Morales de Sierra (2001), in which the Commission found violations to Articles 1.1,

2, 11, 17 and 24 of the American Convention on 2001 when the dispositions contained in the

Guatemalan Civil Code, addressing domestic relations, assigned different legal responsibilities and duties exclusively to the husband based on his role as the income-provider, and to the wife based on her role as mother and homemaker.

255 The Commission considered that the aforementioned distinction violated the guarantees of equality and non-discrimination contained in the American

Convention.

256

Guatemala today is still in the process of fulfilling the promise of the peace accords when it comes to the political participation of women. Women are still largely underrepresented in State

251 See, generally, Inter-American Commission on human Rights, Fifth Report on the Situation of Human Rights in Guatemala , OEA/Ser.L/V/II.111 doc. 21 rev., April 6, 2001, para. 2.

252 Peace accords, available at: http://www.guatemalaun.org/paz.cfm

; Inter-American Commission on human

Rights, Fifth Report on the Situation of Human Rights in Guatemala ,OEA/Ser.L/V/II.111 doc. 21 rev., April 6, 2001, paras.

1 and 2.

253 Inter-American Commission on human Rights, Fifth Report on the Situation of Human Rights in

Guatemala ,OEA/Ser.L/V/II.111 doc. 21 rev., April 6, 2001, para. 11.

254 CEDAW Committee, Concluding Comments, 2009, paras. 13 and 14; IACHR, Justice and Social Inclusion:

The Challenges of Democracy in Guatemala , December 29, 2003, paras. 273-282.

255 IACHR Report 4/01, Maria Eugenia Morales de Sierra (Guatemala), 2001, para. 83.

256 Id.

, para. 44.

41

institutions at the Executive, Legislative and Judicial Branches, as conceded by the State in its answer to the questionnaire of the Working Group. The State in its questionnaire presents statistics of women who have reached public positions since the return of democracy and the signing of the Peace Accords in 1996. In 1996, seven women won a seat in Congress, including an indigenous women. In comparison, between the period of 2008-2012, nineteen women were elected as Deputies, four of these being indigenous, from a total of 158. At the local level, women elected in 2011 represent 2.10% of the 334 mayorships, 5% of the labor unions, and 7% of the municipal councilors. The State associates these low levels of participation with the persistence of barriers related to gender discrimination, ethnicity, and a limited access to economic resources; obstacles particularly acute in the case of women who are indigenous, garífunas , xinkas , ladinas and mestizas , and who live in rural areas. The State also informed that in Guatemala the necessary reforms have not been adopted to incorporate quota laws to increase the participation of women.

Guatemala also faces severe levels o f violence and the problem denominated “femicide” which has demanded that many State efforts are devoted to this issue, as described in its answer to the questionnaire.

257 The State is also currently employing a significant amount of efforts to deal with the legacy of the armed conflict, the impunity which has affected most of these crimes, and with significant challenges in the incorporation of gender issues in its national reparations program.

258

Peru also went through an internal armed conflict between 1980 and 2000, having as its main factions the groups Shining Path (Sendero Luminoso), the Tupac Amaru Revolutionary

Movement (MRTA) and the military. The Truth and Reconciliation Commission - established on

June of 2001 to investigate the crimes perpetrated in said conflict - documented the death of approximately 69,280 individuals, being 85% of the victims from rural and peasant localities affected by poverty and exclusion.

259 The Truth and Reconciliation Commission of Peru also in a historical fashion documented numerous instances in which rape was used as a weapon of war by the different factions of the armed conflict.

260

257 For a general discussion, see IACHR, IACHR Hails Progress Against Impunity in Guatemala and Expresses

Concern About the Human Rights Situation of Indigenous Peoples and Women , March 27, 2012, available at: http://www.oas.org/en/iachr/media_center/PReleases/2012/033.asp; IACHR, The IACHR Special Rapporteur Evaluates the Effectiveness of the Right of Women to Live Free from Violence and Discrimination , September 18, 2004, http://www.cidh.oas.org/Comunicados/English/2004/20.04.htm

258 Based on the obligations assumed by the State of Guatemala in the peace accords and in the recommendations issued by the Historical Clarification Commission, in 2003 the government approved the creation of the

National Reparations Program (PNR), having as its executive body the National Commission for Reparations (CNR). This program – which has undergone substantive changes since its inception - was entrusted with the design and implementation of a national reparations policy for the victims of the internal armed conflict. During the 144˚ Period of

Sessions (March 2012) of the Inter-American Commission on Human Rights, a thematic hearing took place related to the situation of women victims of human rights violations during the internal armed conflict in Guatemala. In this hearing, the petitioners indicated how challenging it has been to incorporate a gender perspective in this program, reporting on problematic areas such as: (i) the narrow focus on rape, neglecting other forms of sexual violence that were prevalent during the armed conflict; (ii) the lack of a real registry including all women victims and the specificities of the violations committed against them; (iii) the failure to adopt significant actions to investigate the human rights violations suffered by women during the armed conflict; and (iv) the revictimization and forms of discrimination women have to go through to offer their testimonies and to participate in the process, on the basis not only of their sex, but also their ethnicity, race, and affectation by poverty. The Commission has also consistently received information indicating that most crimes committed against women during the armed conflict in Guatemala have remained in impunity and without a remedy. For reference, the audio of the hearing can be found in http://www.oas.org/es/cidh/audiencias/Hearings.aspx?Lang=en&Session=125&page=2 the following website:

259 Final Report, Truth and Reconciliation Commission, Peru (2003), available at: http://www.cverdad.org.pe/ifinal/index.php

260 Final Report, Truth and Reconciliation Commission, Peru, Volume IV; Section 4: Crimes and Violations of

Human Rights ; Chapter 1: Patterns in the Perpetration of Crimes and Human Rights Violations ; Section 1.5, Sexual

Violence against Women.

42

The author highlights information provided by the State of Peru in its questionnaire alluding to important legislative reforms which have been implemented in the country during the post-conflict period to the benefit of gender equality issues. Among these can be highlighted the adoption of the

Law on Equality of Opportunities between Men and Women on March 16, 2007; National policies of mandatory compliance for all State organs providing for the incorporation of the principle of gender equality in all activities of the government; and the implementation of three national plans promoting the equality of women and men, one to address human rights, and one to address violence against women . The State has also created a variety of State institutions during the later part of the 1990’s including the Ministry of Women 261 ; an Ombudsman devoted to women’s issues; the Commission of

Women and the Family in Congress; and the Table of Parlamentarians in Congress.

Several State and nonState actors have also noted the increase in women’s participation in decision-making positions in the aftermath of the post-conflict period. A key feature of this increase has been the adoption of quota legislation by the State of Peru, first in 1997, mandating that the lists of candidates presented to Congress would include 25% of women. This law was later amended on

2000, to mandate the inclusion of 30%, and obtained constitutional status on 2002. Similar quota laws have been applied for the elections of the leadership of political parties; and for the lists of candidates to municipal positions and regional councils.

262

The advances can be measured in one part in the numbers. Peru has appointed more than

20 women ministers since the end of the armed conflict.

263 Several international organizations have noted that women’s representation in parliament has greatly increased with the implementation of the quota legislation, increasing between 10.8 to 29.2% in Peru.

264 ECLAC has associated the success of the quota system in Peru to the formation of extensive inter-party alliances, the leadership of the women’s rights movement, and the return to democracy in the country.

265 Women also currently hold influential decision-making positions such as the Vice-Presidency of the country, and the Mayorship of Lima, which is main city of Peru. Another noteworthy factor is that sexual and reproductive rights issues were part of the discussion of the political agenda during the 2011

Presidential Elections, and President Ollanta Umala was elected based on his plan of the “great transformation” which included a significant amount of proposals to address existing problems which affect women.

266

It is important to highlight however that studies available reveal that women only have a small representation at the local level.

267 The Inter-American Commission on Human Rights has

261 After the adoption of a 2012 reform, this Ministry is now called the Ministry of Women and Vulnerable

Populations, and addresses the situation of not only women, but other groups such as children. See Legislative Decree

1098, January 20, 2012, Response to Questionnaire of State of Peru.

262 See, Response of State of Peru to Questionnaire.


71: Elba Luna, Vivian Roza and Gabriela Vega, The Road to Power: Latin American Women Ministers 1950-2007, Inter-

American Development Bank, Program for the Support of Women’s Leadership and Representation (PROLEAD), 2008, p.

13; Eglé Iturbe de Blanco, Women: Power and Development in Latin America , University of Saint Thomas Law Journal:

2008, p. 677.

264 IACHR,


(2011), para.

134; ECLAC, Women’s Contribution to Equality in Latin America and the Caribbean , Tenth Regional Conference on

Women in Latin America and the Caribbean, Quito, August 6, 2007, pag. 33.

265 ECLAC,



266 Annual Report, National Human Rights Coordinator, 2011 -2012, Peru, Chapter on Sexual and Reproductive

Rights, available at: http://derechoshumanos.pe/informe_anual_2011_12/

43

also received individual case petitions alluding to different historical problems with the interpretation of the quota system.

268 For example, in the case of Janet Espinoza Feria et al. v. Peru , admitted in

2002, the petitioners claimed that Peruvian electoral authorities, represented by the National Board of Elections, employed a restrictive interpretation of the Elections Law (No. 26859), which resulted in a de facto reduction of the quota to the detriment of several female candidates.

269

There is also a persistent gap between the increase in the numbers and an adequate representation of women’s rights issues in the public agenda in Peru. There are still important State deficiencies in addressing serious issues in the country such as violence against women, access to legal abortion, the impunity for the publically-sponsored sterilizations which took place throughout

Peru during the 1990’s, among others.

270 The acts of sexual violence which were perpetrated during the armed conflict in Peru have also remained largely in impunity and victims face significant obstacles to access reparations.

271

Change of political party in office: Mexico

One of the most interesting political transitions in Latin America to date was the change of political party which occurred in Mexico with the election of Vicente Fox and the Partido d e Acción


85 and 87.

It is important to note that UN Women – Office for the Andean Region – presented information in response to the consultuation on good practices at the municipal level in the incorporation of gender issues in the agenda and in the participation of women:

“In

Villa el Salvador, Peru, after building the institutional framework for the Women’s Program (Municipal Office for Women) by incorporating it into the regulations of the Municipality’s Organization and Duties, it was possible to appoint staff (permanent) to set up its team and begin working on the Annual Operating Plan, thanks to which this entity has benefited from specific budget allocations for 2010. The first result stemming from this capacity building of the Women’s Program has been the adoption, by means of an ordinance, of the Plan of Equal

Opportunities for Women and Men of Villa El Salvador for 2009-2021. Furthermore, during 2010, there was a

Plan for the Gender Approach as a Cross-Cutting Theme in the Municipality, aimed at contributing to institutional capacity building of the municipality to improve implementation of gender-equality policies and to tackle other exclusion divides, as well as to ensure the allocation of adequate budget resources. In this regard, the Plan for

Gender as a Cross-Cutting Theme has become an instrument that would make it possible to implement the Plan of Equal Opportunities (PIO) in the municipal entity and secure adequate allocations from the budget.” See , page. 8.

268 IACHR, Report No 51/02 (Admissibility), Janet Espinoza Feria et al, Petition 12.404 (Peru), October

10, 2002.

269 IACHR, Report No 51/02 (Admissibility), Janet Espinoza Feria et al, Petition 12.404 (Peru), October

10, 2002.

270 See generally. Annual Report, National Human Rights Coordinator, 2011 -2012, Peru, Chapter on Sexual and

Reproductive Rights, available at: http://derechoshumanos.pe/informe_anual_2011_12/

271 In regards to Peru, for example, a significant number of hearings have been held in the context of the Inter-

American Commissi on’s Period of Sessions, highlighting significant obstacles in the grant of reparations for victims after the report issued by the Truth and Reconciliation Commission in 2001. Some of the voids highlighted in these hearings in the national reparations program have included the failure to properly incorporate a gender perspective in the process; the lack of specialized attention to reparations for victims of sexual violence; and the absence of measures to protect victims and witnesses of human rights violations. A useful reference are the audios of the hearings convoked by the Inter-

American Commission to follow-up on the recommendations of the report issued by the Truth and Reconciliation

Commission in Perú, 137˚, 131˚, 123˚ – 127˚ Sessions Periods (Dates: November 3, 2009, March 12, 2008, March 7,

2007, October 19, 2006, March 20, 2006, and October 17, 2005), available at: http://www.oas.org/es/cidh/audiencias/advanced.aspx?lang=en . See also

, Julie Guillerot, “Linking Gender and

Reparations in Peru: A Failed Opportunity ”, in What Happened to the Women: Gender and Reparations for Human Rights

Violation s, edited by Ruth Rubio Marín, pp. 136-193.

44

Nacional (“PAN”) on July 2, 2000. It was a historic win in Mexico since it defeated the presidential candidate of the Partido Revolucionario Institutional (“PRI”), which had been the ruling party for more than 70 years in said country. The PRI is set to return to the presidency on December 1,

2012, by means of the presidentelect Enrique Peña Nieto.

The author considers noteworthy to study developments related to gender equality which occurred during the 12-year period when different presidents ruled Mexico under the rubric of the

PAN. It is a study of dichotomies, as available information indicates that a significant range of legislation, public policies, and programs have been adopted in Mexico to address a number of women’s rights issues, and the participation of women in decision-making positions has been steadily increasing. However, Mexico at the same time continues to face an alarming range of women’s rights problems, including poverty, exclusion, violence, and important limitations to the exercise of the civil, political, economic, social, and cultural rights of women.

Among the most important advances are the adoption of constitutional reforms to adapt the text of the Mexican constitution to the definition of discrimination in CEDAW; the grant of constitutional status to international treaties such as CEDAW; the enforcement of an equality and non-discrimination policy by the National Council to Prevent Discrimination since 2003; the incorporation of the principle of gender equality in the National Development Plan (2007-2012); and the adoption of the National Programme for Equality between Women and Men (2008-2012).

272

Mexico also has a very strong legal framework to address different women’s rights issues, including general laws that provide for the equality of men and women; for access of women to a life free from violence; a federal law to prevent and eliminate discrimination; and a law devoted to domestic violence, among others. The State has also created INMUJERES as the lead body entrusted with gender issues at the national level.

The State of Mexico has also undertaken a process of legal harmonization of national legislation with international standards, which has resulted in significant amendments to the constitutional and legislative framework related to discrimination at the state level. The State has informed the CEDAW Committee that, as of May 2010, 22 States had incorporated the principle of equality into their constitutions; 25 had incorporated the principle of non-discrimination; 16 states had laws to prevent and eradicate discrimination; and discrimination has been made a criminal offense in 13 federated entities of the country. Also, 32 states have a state law consistent with the

General Act on Women’s Access to a Life Free of Violence, 24 have regulations, and 30 have state systems.

273 It is important to take account though of the concerns advanced by the CEDAW

Committee on July of 2012 regarding this process of harmonization.

274 The author also considers important to remark the landmark judgments adopted throughout this period by the Supreme Court

272 See Response of Mexico to Questionnaire circulated by Working Group on Discrimination against Women;

National Report of Mexico before CEDAW Committee (2011).

273 National Report of Mexico before CEDAW Committee (2011), paras. 19 and 20.

274 The CEDAW Committee observed the following:

The Committee notes the State party’s federal legislative advances such as the Constitutional Reform on Human

Rights (2011). However, it is concerned that the different levels of authority and competences within the

State party’s federal structure result in a differentiated application of the law depending on whether or not appropriate harmonization of the relevant legislation has been conducted at the state level, such as with respect to the principle of non-discrimination and equality between men and women. The Committee notes with concern that this situation results in discriminatory provisions against women or to different definitions and sanctions related to, inter alia , rape, abortion, forced disappearances, trafficking, injuries and homicide for reasons of so-called honour, as well as on adultery across the 32 states of the State party. It is further concerned about the lack of consistent harmonization of the State party’s legislation for example, civil, penal and procedural laws at the federal and state level, with the General Act and/or local laws on women’s access to a life free of violence and with the Convention. See, para. 13.

45

of Justice of Mexico liberalizing abortion during the first twelve weeks of pregnancy in the federal district of Mexico, and decriminalizing same-sex unions 275 .

In regards to the numbers and the political participation of women, as of June 30, 2012,

Mexico has one of the highest levels of representation in the Senate (22.7%) and in Congress

(26.2%) for Latin America and the Caribbean.

276 Most of these high levels are credited to the application of quota laws.

277 The State of Mexico has also informed both the CEDAW Committee and the Working Group on Discrimination against Women in its response to the questionnaire of the recent amendment to the Federal Code of Electoral Institutio ns and Procedures (“COFIPE”) to increase the gender quota (60/40) and to earmark 2% of the regular public financing for political parties to be used for training, promoting, and developing female political leadership. It is important to note however, that Mexico still fairs low in the number of women ministers appointed – reaching only 21.1% as of January 1, 2012 278 - and women have yet to attain the presidency of Mexico.

In contrast with these significant efforts from State authorities to address gender equality issues and women’s political participation during the period examined, Mexico still faces a range of deepseated women’s rights issues, which have affected the PAN administrations, as well as those of the PRI. The Inter-American Court of Human Rights has issued three judgments against Mexico between 2009 and 2010 finding the State responsible for irregularities and failures in the investigation, judgment, and sanction of acts of violence against women in the locality of Ciudad

Juárez, Mexico, and for the rape of indigenous women in Guerrero, Mexico.

279 These judgments evidence not only the high rates of violence against women and insecurity which still affect the country, but the problem of impunity that tends to surround these acts. The CEDAW Committee on July of 2012, also highlighted a number of gender equality problems that Mexico still faces, including deficiencies in the implementation of the legislation on violence against women; the lack of sufficient resources for the women’s machinery; the acute problem of trafficking; the risk faced by women’s rights defenders; persistent discriminatory practices in the field of employment; and amendments to protect the life from the moment of conception in State constitutions in response to the liberalization of abortion in the federal district.

280

The CEDAW Committee also observed in its Concluding Comments on 2012 that the State of Mexico has made substantial progress to guarantee women’s equal participation with men in political life at the federal level, but remains concerned with gaps in the federal and state electoral legal frameworks which may lead to non-compliance of the gender quota system to register candidates in the proportion of 40-60. It is also concerned that this quota system has not been incorporated in all of the States’ electoral legislation. Finally, it emphasizes its alarm over the low number of indigenous women participating in the political life of Mexico.

281

275 Constitutional Motion 146/2007 and the joined matter 147/2007, Supreme Court of Justice of the Nation,

Mexico; Constitutional Motion 2/2010, Supreme Court of Justice of the Nation, Mexico. For more discussion of these judgments, see IACHR,

Legal Standards Related to Gender Equality and Women’s Rights in the Inter-American Human

Rights System: Development and Application (2011), pp. 94-96, 97-99.

276 IPU, Women in National Parliaments , as of June 30, 2012.

277 IACHR,


(2011), para.

134.

278 IPU and UN Women, Women in Politics 2012.

279 I/A Court H.R., Case of González et al. (“Cotton Field”) v. Mexico.

Preliminary Objection, Merits, Reparations, and Costs, Judgment of November 16, 2009. Series C No. 205; I/A Court H.R., Case of Fernández Ortega et al. v.

Mexico. Preliminary Objection, Merits, Reparations, and Costs, Judgment of August 30, 2010. Series C No. 215; I/A Court

H.R.

, Case of Rosendo Cantú v. Mexico, Preliminary Objection, Merits, Reparations, and Costs, Judgment of August 30,

2010. Series C No. 216.

280 CEDAW Committee, Concluding Observations, Mexico, 2012.

46

Election for the first time of female heads of State: Chile, Jamaica, and Trinidad and Tobago

One important transition to study in Latin America and the Caribbean is the election of first time female heads of State in several countries, being one of the leading regions in the world in this regard, as mentioned earlier. The election of these Presidents has had a very heterogeneous impact in the region in regards to the appointment of women ministers, the adoption of legislation and initiatives to promote women’s political participation, and in the real representation of women’s rights issues in the public agenda.

The election of President Michelle Bachelet in Chile on 2006 was important in the region of

Latin America and the Caribbean for a number of reasons. She was elected the first women

President in a country that despite its social and economic development; discrimination against women still prevails; where the legal regime still contains anachronistic provisions; where women still have low representation in parliament; where the binominal electoral system predominates; which is not favorable towards women; and where quota legislation has not been adopted.

282 She was also a President elected with a clear agenda related to gender equality issues, who incorporated in her discourse the principle of parity, and advocated for the adoption of means to facilitate women’s incursion in the labor, education, economic, and social sectors.

283 As discussed earlier in this study, she did implement her parity policy immediately in her cabinet-level appointments, appointing 50% of her Ministers as women in the first months of her Presidency.

284

Her efforts, however, were met with resistance by the political structure, which obligated her to reduce the women in her cabinet to 40%, later increasing this number to 46%.

285 Many political representatives considered that applying this policy was an exaggeration; and many experts remarked that the parity policy only applied to cabinet-level appointments and not to publicallyelected positions, and observed the absence of any legal measures to safeguard the sustainability of this measure.

286 Even though the implementation of the parity policy is a landmark for the region of Latin American and the Caribbean and a good practice, this measure was not sustainable. At the present moment and under the Presidency of Sebastian Piñera, only 4 % of cabinet-level positions in Chile are held by women.

287

It is important to note though that despite these challenges, during the Presidency of

Michelle Bachelet, some important advances were gained in the adoption of legislation related to the rights of women concerning maternity and lactation; the minimum wage for domestic workers; equal wages; the provision of day-care to working parents; and an amendment adding the prohibition of discrimination against women in the labor code.

288

Portia Simpson Miller replaced Prime Minister Percival Noel James Patterson on March

30, 2006, becoming the first female head of State in Jamaica, and served until September 11, 2007.

282 See, general discussion, IACHR, Report on the Rights of Women in Chile: Equality in the Family, Labor and

Political Sphere (2009),

283 See, e.g., Michelle Bachelet, First Presidential Message to Congress, Valparaiso, Chile, May 21, 2006.

284 See discussion, in Corporación Humanas Chile,

Democracy, Policies of the Presence and Parity: Study of the

Political Participation of Women in the Executive (2006-2010), pp. 36-42.

285 Shadow report, Joint NGO Submission from Chile, For the Examination of the Chile National Reports, October

2012 session of CEDAW Committee.

286 IACHR, Report on the Rights of Women in Chile: Equality in the Family, Labor and Political Sphere (2009), pp. 103-131.

287 See, IPU and UN Women, Women in Politics (2012), January 1, 2012.

288 See, National Report of Chile before CEDAW Committee, 2011, para. 8.

47

On 29 December 2011 she was elected as Prime Minister of Jamaica, assuming office on 5 January

2012. The rise of Portia Simpson Miller to power on March 30, 2006, brought many expectations for Jamaica, since their progress to attain the 30% quota for women agreed upon by the

Commonwealth Ministers has been considered slow.

289 The CEDAW Committee remarked on

2011 on the fact that the levels of elected women had grown marginally in years, that only 8 to 60 elected members of Parliament were women, and the absence of quota legislation. 290 The United

Nations Human Rights Committee recommended to the State last year to adoption “new practical initiatives” to increase women’s participation, including temporary special measures.

291 By 2007, the assumption of power of Portia Simpson Miller stood in stark contrast with the consistent underrepresentation of women in government and political parties, being only eight women elected to the 60-seat House of Representatives, only three women appointed to the 21-seat Senate, and only two women serving among 18 cabinet members.

292

However, it is important to note that Portia Simpson Miller has elected four women Ministers to her new cabinet, and that several legislative measures have been adopted in Jamaica in the past five years that give her good opportunities to advance gender equality issues. These are meant to prevent and eradicate discrimination against women, including the adoption of the Charter on

Fundamental Rights and Freedoms (2011); the Sexual Offenses Act (2011); the Child Pornography

Prevention Act (2011); and recent policy initiatives adopted by the government such as the Jamaica

Emergency Employment Programme (JEEP) (2012); the National Policy for Gender Equality (2011); the National Development Plan: Vision 2030 (2009); the Strategic framework for Safe Motherhood in the Family (2007-2011); and the Strategic Framework for the Family Planning Programme (2006-

2010); all with the goal of promoting gender equality.

Kamla Persad-Bissessar is the first female Prime Minister of Trinidad and Tobago and assumed office on May 26, 2010. She has appointed so far seven women from 38 Ministers at the cabinet level, and Trinidad and Tobago has been historically characterized as a country with a high number of women legislators, reaching the 28.6% level (in the upper chamber) and 25.8% level (in the lower chamber) as of July 31, 2012.

293 She has also been elected Prime Minister in a country where public opinion greatly favors women’s leadership.

294

The State informed the Human Rights Council on November of 2011, as part of its Universal

Periodic Review, that as soon as Prime Minister Persad-Bissessar assumed office gender equality and empowerment became key elements of the national policy of Trinidad and Tobago. In this sense, the State informed that it had completed an appraisal of all discriminatory legislation which needed reform to be brought in conformity to CEDAW, and Trinidad and Tobago actively supported the adoption of the Domestic Workers Convention adopted by the ILO on 2011.

295 The State also presented so me encouraging statistics related to women’s political participation in Trinidad, indicating that 12 women out of 41 serve in the House of Representatives, that there are 23 female



LC/CAR/L.129 (CRM.10/7), July 30, 2007, p. 23.

290 CEDAW Committee, Concluding Comments 2011.

291 United Nations Human Rights Committee, “Concluding Observations of the Human Rights Committee:

Jamaica”, 103 rd Session, Geneva, October 17-November 4, 2011.

292 IACHR, Report on the Situation of Human Rights in Jamaica , August 10, 2012, para. 215.

293 IPU, Women in Parliments , as of July 31, 2012.

294 Social Science Research Council, Conflict Prevention and Peace Forum, Presence without Empowerment?

Women in Politics in Latin America and the Caribbean , December 2010, p. 8.

295 Trinidad and Tobago, National Report before Human Rights Council , Universal Periodic Review (2011), para.

94.

48

justices sitting on the bench in the High Court and from a total of 56 Magistrates, 37 are women.

296

Three female police officers were also appointed to the rank of Assistant Commissioner of Police.

Another encouraging sign is that Trinidad and Tobago under the leadership of its Prime

Minister hosted a high-level colloquium of women leaders between June 29-30, 2011 in Port of

Spain, with the support of UN Women, the Organization of American States, and the Caribbean

Institute of Political Leadership.

297 The colloquium brought together over 100 women leaders from the Americas, the Commonwealth and the Caribbean, where they agreed on priority goals and strategies for the advancement of women’s empowerment and gender equality in the political, public, and private sectors in the Caribbean, and the consolidation of a regional network in this regard.

Moments of substantial constitutional reform: Bolivia and Ecuador

The democratic transitions that have swept Latin America have opened important spaces for constitutional reform. This is particularly well illustrated in the cases of Ecuador and Bolivia , which adopted new constitutions in 2008 and 2009 respectively.

These processes are noteworthy from a political participation standpoint because both constitutions incorporate a number of provisions related to the rights of women. The author notes the high and articulated involvement of women’s rights organizations in both countries to achieve the incorporation of the provisions described below.

298

The new Constitution of Bolivia – adopted by referendum on 2009 - contains approximately

34 references to the rights of Bolivian women. It also contains a noteworthy catalog of civil, political, economic, social, and cultural rights. Among the rights protected, are the right to be free from every form of discrimination; to health; to personal integrity; to dignity; to political participation; to work; to maternal health; to women’s sexual and reproductive rights; and to the rights of indigenous women.

299 It promulgates in its article 11 the goal of a participatory, representative, and community democracy.

Ecuador also adopted a new Constitution on 2008.

300 This Constitution contains a series of principles pertinent to women’s rights such as the equality of men and women and nondiscrimination. It also guarantees important economic, social, and cultural rights such as social security for women who do unpaid work; a reference to the care-giving economy; and the right to water. It does safeguard as well several collective and indigenous rights.

The Ecuadorian Constitution also codifies the principle of parity and provides for its application in all policy-making entities and instances, such as popular elections, cabinet-level ministries, the justice system, and political parties.

301 The Constitution also goes as far as

296 Trinidad and Tobago, National Report before Human Rights Council , Universal Periodic Review (2011), para.

99-100.

297 Port-of-Spain Consensus on Transformational Leadership for Gender Equality (June 28-30, 2011), http://www.thecommonwealth.org/news/34580/34581/238216/110711caribbeanwomenleaders.htm

; http://www.thecommonwealth.org/files/238222/FileName/Port-of-

SpainConsensusonTransformationalLeadershipforGenderEquality.pdf

298 For discussion, see Tereza Lanza Monje, Project Women and Constituent Assembly , Bolivia, Cotidiano Mujer ,

No. 44.

299 See text of Constitution of Bolivia, 2009, http://pdba.georgetown.edu/Constitutions/Bolivia/bolivia09.html

300 See text of Constitution of Ecuador, 2008, http://pdba.georgetown.edu/Constitutions/Ecuador/english08.html

301 See Articles 65, 116, 176, and 434 of Constitution of Ecuador (2008).

49

stipulating in regar ds to political parties that “their organization, structure and functioning shall be democratic and shall guarantee the rotation of power, accountability, and parity membership between women and men on their governing boards.” 302 The women’s movement had a very high level of involvement in the process that lead to the approval of this Constitution.

303

As stated by UN Women – Andean Region Office in its submission to the UN Working

Group, it is paramount that these two States adopt measures to effectively guarantee the enforcement of the mentioned provisions.

Coup d’états and their aftermath: Honduras and Haiti

The author wanted to conclude this section on transitions with more recent coups d’états that have affected the region of Latin America and the Caribbean, as an illustration of how violence against women tends to be aggravated in times of political crisis, and is still used to impede women’s involvement in the public and political life of their societies.

A widelypublicized coup d’état took place in Honduras on June 28, 2009. On said date, the democratically elected President of Honduras, Manuel Zelaya, was taken from the presidential palace by army troops into custody and flown to Costa Rica.

304 The Inter-American Commission on Human Rights has documented how after the loss of institutional legitimacy brought about by this coup, numerous human rights violations were committed, including killings, the arbitrary declaration of a state of emergency, the disproportionate use of force against public demonstrations, and the arbitrary detention of thousands of persons, among other human rights violations.

305 These problems were compounded by the inefficacy of the existing judicial remedies to protect human rights.

The Inter-American Commission on Human Rights – who visited the country between

August 17 and 21, 2009, received information revealing that in the context of the suppression of demonstrations and unlawful detentions, women were subjected to forms of verbal and sexual abuse by members of the security forces.

306 Women’s rights organizations were also mistreated by security forces when denouncing these crimes, including the Feminist Movement of Resistance which was very active in denouncing the coup.

307 There were also complaints that women working for institutions charged with the promotion and protection of human rights were being persecuted.

308 Several pillars of the work of the National Women’s Institute – the main entity of the government in charge of women’s rights issues - were also suspended. 309

Haiti also underwent a period of marked political instability between 2004 and 2006, which was characterized by mounting public discontent and acts of violence by armed groups which lead

302 See Article 108 of Constitution of Ecuador (2008).

303 Solanda Goyes, Que lal, Specialist of Agora Democrática/International IDEA, Ecuador, Real Equality as a

Normative Principle and Parity as a Right: The Case of Ecuador , in A Citizen’s Democracy: Visions and Debates from the

Perspective of Women’s Rights in the Americas (2012), pp. 218-227.

304 IACHR,

Honduras: Human Rights and Coup d’Etat

(2009), para. 2.

305 IACHR, Honduras: Human Rights and Coup d’Etat (2009), para. 6.

306 IACHR, Honduras: Human Rights and

Coup d’Etat

(2009), para. 518.


308 IACHR,

Honduras: Human Rights and Coup d’Etat

(2009), para. 524.


50

to the forced departure of former President Jean-Betrand Aristide in February of 2004.

310 His departure was followed by a two-year mandated transitional government and the subsequent organization of presidential and legislative elections in 2006. The civilian population in Haiti was affected during this period by violence committed by armed gangs, the lack of effective security by the Haitian National Police force, the historically weak institutionalism of the State, and persistent weaknesses in the administration of justice system.

311 The acts against women perpetrated during this time included the physical and sexual abuse of women and young girls by both armed gangs and security forces. Violence against women has notably increased in the context of Haiti during instances of political instability and unres t, in particular since the 1990’s.

312

These problems are compounded by the extreme poverty, high illiteracy, and widespread malnutrition which has historically affected Haiti, and which prevents women from fully exercising their civil, political, economic, social, and cultural rights. The Inter-American Commission on

Human Rights has also reported that Haitian women tend to be underrepresented in decisionmaking structures and political parties, and that a gender perspective is typically missing from public policies.

313 This underrepresentation renders women more at risk to acts of physical, sexual and psychological abuse in times of crisis.

314

V. Conclusions and a Summary of Best Practices

A close examination of participation trends in Latin America and the Caribbean displays an encouraging set of noteworthy advances and best practices, which point to the potential of this region for women, and the full guarantee of their civil, political, economic, social, and cultural rights.

A quantitative analysis based on available statistics displays that women every day are holding more positions in the Executive, Legislative, and Judicial Branches of their countries, and that they are gaining a role in the consolidation of democracy. A range of government institutions and mechanisms to address forms of discrimination against women have been established at the national level. Fourteen countries have incorporated different types of quota provisions in their normative frameworks with a significant impact in the increase in women’s participation at the legislative level, and a number of political parties in the region have joined in this endeavor. Most significantly, the principle of “parity” is gradually gaining ground in the region, having been applied in at least three countries to appoint Ministers at the cabinet-level, and having been codified in several

Constitutions and Electoral Codes as a guiding goal to achieve the full equality and the representation of women. Countries in the region have also made great strides in the incorporation of the principles of discrimination and equality in their Constitutions, and in the reform of legislation which is discriminatory towards women.

As displayed in the different political transitions, the women’s movement has been a paramount player in the region in the transitions from repressive governments to democracy; in the resolution of armed conflicts and their aftermath; and in the process of constitution-building.

310 IACHR, The Right of Women in Haiti to be Free from Violence and Discrimination , OEA/Ser.L/V/II Doc. 64,

March 10, 2009, para. 26. See also, IACHR, Annual Report, Chapter IV: Haiti, 2005, 2006.


March 10, 2009, para. 27.


March 10, 2009, para. 46.


March 10, 2009, para. 40.


March 10, 2009, para. 43.

51

Regional intergovernmental organizations such the OAS, CARICOM, and ECLAC have also provided important spaces for governments and their Ministries to define priorities in the pursuit of the goal of representative democracies. Everyday Latin American and Caribbean societies are also displaying more openness to the idea of women in power, in leadership, and in decision-making positions.

It is important to mention though that not all conditions necessary for women to see their right to participation fully respected, protected and fulfilled are in place, and this is where State priorities should be focused on in the future. Women are still largely affected by poverty and forms of violence, and are still the primary holders of family responsibilities, with a still notable lack of options to be able to balance work and home demands. The author still notes the prevalence of gender stereotypes and cultural perceptions of women which still negatively influence the actions of key actors such as political parties, and their male colleagues. These are aggravated by the lack of funding and financing to be able to wage political campaigns, and the lack of knowledge by women of their political rights. Despite the success of quota laws, there are still issues in their text, design, interpretation, and implementation. Quota laws are part of the strategy to achieve the full equality of women, but not the full equation, and this message is important to convey to the States in the region. All of these factors contribute to the low representation of women in key sectors of government, and in the local level. The mentioned problems are further compounded, as illustrated in the political transitions described, by the fragility and unstable nature of some of the democracies in the region of Latin America, and the institutional weaknesses which still plague many Caribbean countries.

Moreover, the r eal representation of women’s rights issues is still a challenge, and the increase in numbers is not necessarily reflecting a better incorporation of women’s rights issues in public agendas. Many of the best practices noted above need to be joined by better sustainability mechanisms. The author is particularly concerned at the situation of women who have faced multiple forms of discrimination historically, such as those indigenous, afrodescendent, rural, lesbian, bisexual, transsexual, and transgender, heads of household, and migrant women which tend to be lost in current policies and strategies. These challenges are worsened by the persistent deficiencies in the text of legislation related to gender equality in the region, and its implementation, as well as the lack of adequate and effective judicial remedies when human rights violations occur, which encourages their repetition.

It is paramount to address the conditions mentioned, by the adoption of a combination of general positive and temporary special measures, to sustain the gains made by women during the political transitions described, to overcome the opportunities lost, and to create the adequate social and economic conditions for them to be able to fully participate in their societies. In this sense, the author has included two sets of recommendations for States in the following section, one general and one specific for different subregions in Latin America and the Caribbean. The author has also included recommendations for political parties; and United Nations and regional organizations to help address the challenges identified.

VI. Recommendations

States

General Recommendations



Perform a thorough analysis and eventual reform of all legislation, regulations, and public policies which may have a discriminatory impact on women or that establish differences in treatment on the basis of sex in their text, and to adopt the necessary reforms.

52



Adopt all the necessary legislative, regulatory and public policy measures to promote the participation of women in the public and political life of their countries. These measures should be adopted: a) at the Executive, Legislative and Judicial levels; b) comprehend a combination of positive measures and special temporary measures; c) be applicable to the national and local levels; d)be joined by the necessary resources and the required measures to guarantee their implementation; e) accompanied by training programs for those entrusted in the application of these laws; f) be designed with the participation of women; and g) include the strengthening of their data-collection systems and their disaggregation on the basis of sex, race, age, ethnicity, and other factors.



Undertake a thorough assessment of special temporary measures to adopt the initiatives necessary to improve their text and application. In this sense, to strive for the principle of parity in the representation of men and women in the Executive, Legislative, and Judicial

Branches, and to adopt policies in the pursuit of this goal.



Adopt awareness-raising initiatives to address prevailing social stereotypes which work to the detriment of women, and their political participation.



Undertake the measures necessary to create options for women to balance their work and family life, including the creation of day-cares, nurseries, and the adoption of maternity, paternity and parental leave policies.



Employ the means to create spaces for the participation of women in political parties, civil society organizations, and other decision-making settings.



Create incentives for political parties to adopt measures to guarantee the participation of women as members and in leadership positions.



Strengthen the human and financial resources invested in its National Women Machineries.

 Adopt multisectoral strategies to improve women’s access to education, employment, health, social security, and other fundamental economic, social, and cultural rights.



Prevent, investigate, sanction, and offer reparations for all kinds of violence against women.



Build the capacity of women as viable political leaders and candidates, and to secure the funding necessary for this endeavor.



Promote the participation in public life and politics of groups of women who have historically suffered multiple forms of discrimination – indigenous, afrodescendent, rural women, women from LGBTI communities, heads of households, and migrant women, among others - and the creation of spaces where they can participate in the design of public policies which affect them.

 Adopt measures to legitimize the work and to safeguard the integrity of women’s rights organizations and defenders, and to create spaces for their incidence in the public agenda.



Engage in efforts to disseminate among women and the general population information on communication technologies available (ICT’s); to promote that they use them in their efforts to participate in the public and political life of their countries; and to encourage women to obtain education and training in these fields.

53

Subregion-specific recommendations :

Caribbean

 Adopt legislative and/or constitutional measures to increase women’s representation in the

Executive, Legislative, and Judicial Branches to a minimum of 30%.



Perform a thorough analysis of the criteria which governs the appointments to decisionmaking bodies in the private and public sectors.



Offer training programs on political participation and leadership for women and men.



Adopt legislative and policy measures to increase the political participation of women of different ethnicities, ages, socio-economic status, rural or urban location, and sexual identity.



Address the prevailing poverty and citizen insecurity which affects women in Caribbean societies.

Central America and Mexico



Adopt quota legislation and/or reform existing quota legislation to further the participation of women in the Executive, Legislative and Judicial Branches.



Undertake measures to address the impunity for crimes committed during the past armed conflicts which have affected the region.



Employ the means to act with the due diligence necessary to prevent, investigate, sanction, and offer reparations for all acts of violence against women.



Adopt monitoring measures of the vast amount of legislation, public policies, and programs established to address forms of discrimination against women and violence.



Undertake an exhaustive consultation process with indigenous women, and other women who have been historically discriminated in the region, to identify appropriate strategies to promote their political participation. To also institutionalize spaces where consultation with them can be sustainable in the adoption of legislation, public policies, and programs.



Improve datacollection efforts on women’s political participation, and their disaggregation based on sex, race, ethnic background, age, and other variables.

Andean Region



Perform a thorough consultation with different sectors and actors to identify the most appropriate implementation strategies for the different constitutional and legislative reforms in the region.



Adopt sustainability measures of parity policies adopted in Bolivia and Ecuador. To incorporate parity as a principle to guide the participation of women at the Executive,

Legislative, and Judicial Levels in all countries.

54



Study closely the local level and factors which promote that the participation of women is low in municipalities, mayorships, and other kinds of state authorities.



Adopt measures to ensure that current reparations programs in Peru and Colombia adequately incorporate gender considerations.



Undertake measures to assist women overcome the effects of the armed conflict in

Colombia, including the resulting violence, the precarious situation of displaced women and heads of household, and the protection needed for women’s rights defenders who operate in zones occupied by the armed actors.

Southern Cone



Study closely the application of different quota legislation and the factors to which their different impact can be attributed (i.e. Argentina and Brazil comparison).



Incorporate the principle of parity in the normative framework related to the participation of women in the Executive, Legislative, and Judicial branches.



Extend the application of quota laws beyond publically-elected positions, to positions by designation, and to the local level.



Strengthen monitoring and accountability mechanisms for lack of compliance with quota laws.



Establish collaboration mechanisms between female presidents and former female presidents of the region to identify priorities and potential interventions to promote the political participation of women.



Examine periodically the impact of different electoral systems (proportional, binominal, etc), and their features (open lists and closed lists) to gauge their impact on women’s political participation.

Political Parties



Adopt gender quotas for the preparation of lists of candidates, and for party leadership positions of a minimum of 30%.



Gender quota measures within political parties should be joined with the appropriate accountability mechanisms, sanctions for non-compliance, and monitoring.



Incorporate gender parity in their statutes and/or bylaws.



Provide financial resources for the nomination of female candidates to elections.



Create training programs for future women leaders and their male colleagues to further the goal of gender equality. Allocate tra ining budgets for women’s skill-building, promotion, training, and leadership.



Create options to balance political party duties and the family responsibilities of women.

United Nations organs and other international organizations

55



Study closely the r elationship between the guarantee of women’s civil and political rights, with the exercise of their economic, social, and cultural rights, and to exemplify for States best practices and model policies to follow.



Engage in information and data-collection efforts related to the participation of women at the

Executive, Legislative, and Judicial branches and the national and local level.



Document the link between the feminization of poverty, violence, and the persistence of barriers to the political participation of women.



Report on the main challenges faced by women who suffer multiple-forms of discrimination and how these impact their access to the public and political life of their societies.



Provide legal content and interpretation to the right to equality, the prohibition of discrimination, and the right of women to participate in the public and political life of their societies, to exemplify for States what their obligations are in this arena.



Strengthen spaces for the participation of civi l society and women’s rights organizations in the different activities of United Nations organs and other international organizations.

 Support studies on the use of ICT’s in Latin America and Caribbean by women, and factors which influence this use, and document best practices in the area of political participation and women.

ANNEX: DESCRIPTION OF KEY ASPECTS OF METHODOLOGY

A. Statistics, facts, and figures

These have been used in this study to

: a) illustrate numerical tendencies in women’s participation in the Executive, Legislative and Judicial Branches of government at the national and local levels; b) perform comparative analysis; and c) to undertake impact analysis of legislation and public policies discussed with a focus on political participation. The analysis however goes beyond the numbers to address other relevant areas of the political participation of women when examined from a human rights perspective, such as representation of gender equality issues in the public agenda.

C. List of Sources used in this study i. ii. iii. iv.

Answers to State questionnaire from Latin America and the Caribbean.

Replies to call for submissions (UN Women, Civil Society Organizations from LAC).

Statements from States before the Human Rights Council.

National reports presented by States from Latin America and the Caribbean before v. vi. charter-based and treaty-based organs from the universal system of human rights.

Concluding observations and other views issued by charter-based and treaty-based organs.

Reports issued by: a. United Nations agencies (OHCHR, UN Women, UNDP, United

Nations Economic Commission for Latin America and the b.

Caribbean - ECLAC, among others).

International and regional organizations (Inter-Parliamentary

Union; Inter-American Development Bank; World Bank; Inter-

American Commission on Human Rights; Inter-American

Commission on Women; Inter-American Institute of Human Rights; and others)

56

c. d.

Civil society organizations.

Academic articles and literature. e. Truth Commissions and other transitional justice mechanisms. vii. Facts and figures issued by: Inter-Parliamentary Union; Gender Equality Observatory for Latin America and the Caribbean – ECLAC; PROLEAD Program, Inter-American

Development Bank (database on gender and political parties in Latin America and the Caribbean); International Institute for Democracy and Electoral Assistance –

IDEA; UNDP and Human Development Reports; UN Department of Economic and

Social Affairs, and others.

57

public life, including during times of political transitions. The... Consultancy: Consultant:

Related documents

Products

Support

public life, including during times of political transitions. The... Consultancy: Consultant:

Related documents

Add this document to collection(s)

Add this document to saved

Suggest us how to improve StudyLib