CEDAW/C/GC/30
72. Electoral reform and constitution-drafting processes in post-conflict contexts
pose a set of unique challenges to ensuring women’s participation and promoting
gender equality, given that the designs of electoral systems are not always genderneutral. The electoral rules and procedures that determine which interest groups are
represented on constitution-building bodies and other electoral bodies in the postconflict era are critical in guaranteeing the role of women in public and political
life. Decisions on the choice of electoral systems are important to overcome the
traditional gender bias that undermines women’s participation. Substantive progress
towards the equal participation of women as candidates and voters, in addition to the
holding of free and fair elections, will not be possible unless appropriate measures
are taken, including the creation of a gender-responsive electoral system and the
adoption of temporary special measures to enhance women’s participation as
candidates and ensure a proper voter’s registration system and that women voters
and female political candidates are not subject to violence by State or private actors.
73.
The Committee recommends that States parties:
(a) Ensure women’s equal participation in constitution-drafting processes
and adopt gender-sensitive mechanisms for public participation in and input into
such processes;
(b) Ensure that constitutional reform and other legislative reforms include
women’s human rights under the Convention and the prohibition of discrimination
against women, which encompasses both direct and indirect discrimination in the
public and private spheres, in line with article 1 of the Convention, and also include
provisions prohibiting all forms of discrimination against women;
(c) Ensure that new constitutions provide for temporary special measures,
apply to citizens and non-citizens, and guarantee that women’s human rights are not
subject to derogation in states of emergency;
(d) Ensure that electoral reforms incorporate the principle of gender equality,
and guarantee women’s equal representation through the adoption of temporary
special measures such as quotas, including for disadvantaged groups of women;
adopt a proportional representation electoral system; regulate political parties; and
mandate electoral management bodies to ensure compliance through sanctions;
(e) Ensure the registration and voting of women voters, such as by allowing
postal balloting, where appropriate, and removing all barriers, including by ensuring
an adequate and accessible number of polling stations;
(f) Adopt a policy of zero tolerance towards all forms of violence that
undermine women’s participation, including targeted violence by State and
non-State groups against women campaigning for public office or women exercising
their right to vote.
10.
Access to justice (arts. 1-3, 5 (a) and 15)
74. When conflict comes to an end, society is confronted with the complex task of
dealing with the past, which involves the need to hold human rights violators
accountable for their actions, putting an end to impunity, restoring the rule of law
and addressing all the needs of survivors through the provision of justice
accompanied by reparations. Challenges relating to access to justice are especially
aggravated and acute in conflict and post-conflict situations because formal justice
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