Promotion of gender balance in political decision-making.
Date: 2023-03-08
Institutions: Directorate-General for Justice and Consumers
Subjects: EU Member State, Iceland, Liechtenstein, Norway, United Kingdom, decision-making, election, equal treatment, executive power, gender equality, legislation, legislative power, political participation, public sector, self-regulation

European network of legal experts in 
gender equality and non-discrimination

Promotion of 
gender balance 
in political 
decision-making

Including summaries in  
English, French and German

Justice 
and Consumers

EUROPEAN COMMISSION

Directorate-General for Justice and Consumers 
Directorate D — Equality and Union citizenship 
Unit D.1 Non-discrimination and Roma coordination
Unit D.2 Gender Equality

European Commission
B-1049 Brussels

EUROPEAN COMMISSION

Promotion of gender balance 
in political decision-making 

Authors

Biljana Kotevska and Vera Pavlou

2023

2023

Directorate-General for Justice and Consumers

Europe Direct is a service to help you find answers 
to your questions about the European Union.

Freephone number (*):

00 800 6 7 8 9 10 11

(*)  The information given is free, as are most calls (though some operators, 

phone boxes or hotels may charge you).

LEGAL NOTICE

This document has been prepared for the European Commission; however, it reflects the views only of 
the  authors,  and  the  Commission  cannot  be  held  responsible  for  any  use  which  may  be  made  of  the 
information contained therein.

More information on the European Union is available on the Internet (http://www.europa.eu).

Luxembourg: Publications Office of the European Union, 2023

ISBN 978-92-68-00002-1
doi:10.2838/749712
Catalogue number DS-04-23-138-EN-N

© European Union, 2023

Contents

EXECUTIVE SUMMARY 
RÉSUMÉ 
ZUSAMMENFASSUNG 
INTRODUCTION 
1 
1.1  Context and scope 
1.2  Key concepts 
1.3  Methodology 
1.4  Structure of the report 
INTERNATIONAL AND REGIONAL STANDARDS 
2.1 
2.2  United Nations 
2.3  Council of Europe 
2.4  Organization for Security and Co-operation in Europe 
2.5  European Union 
2.6  Conclusion 

Introduction 

2 

3  ELECTIONS 

3.1 
3.2 

Introduction 
 Legislation and policies mandating or encouraging gender balance in the leadership  
of political parties 

3.3  Selecting candidates for national, regional and local elections: law and policies  
 Gender balance in the selection for candidates by political parties for the  
3.4 
EU Parliament elections 
 Gender balance in the composition of electoral management bodies and observer 
commissions  

3.5 

3.6  Encouraging women to vote 
3.7 

 The enforcement and effectiveness of legislative frameworks encouraging gender  
balance in elections 

3.8  Violations of women’s active and passive voting rights 
3.9 

 Existence of official mechanisms/authorities tasked to monitor sexism and sexist  
hate speech in electoral campaigns 

3.10   Sanctions and other consequences prescribed for sexism and sexist hate speech in  

electoral campaigns 

3.11  Conclusion 
4  THE LEGISLATURE 

Introduction 
 Positive action for the promotion of women in decision-making positions in the legislature 

4.1 
4.2 
4.3  Measures for institutional and cultural transformation 
4.4  Measures aimed at women from minority groups 
4.5  Obstacles 
4.6  Other activities for the promotion of women in decision making in the legislature 
4.7  Relevant case law 
4.8 
4.9  Violence against women in decision-making positions in the legislature 
4.10   Data collection on gender balance in public decision-making positions in the legislature 
4.11  Conclusion 

Internal regulation and sanctioning of harassment and sexual harassment 

5  EXECUTIVE 

5.1 
5.2 

Introduction 
 Measures for the promotion of women in decision-making positions in the executive  

3

7
12
18
24
24
25
26
27
28
28
29
34
38
39
42
44
44

44
45

47

48
48

50
53

55

56
56
58
58
58
63
66
69
71
73
75
78
82
86
87
87
87

87
91

91

93

94
95
96
98

98
99
100
100

100
105

117

117
119
119
120
120
121
121
124

127

5.2.1  Legally binding measures 
5.2.2  State policies and other non-binding measures 
 Measures for institutional and culture transformation for the promotion of gender  
balance in decision-making positions in the executive 
 Mechanisms for the involvement and participation in decision making in the  
executive for minority women 
 Soft or hard law measures/provisions creating an obstacle for gender equality or  
hindering women’s participation in the executive 

5.3 

5.4 

5.5 

5.6  Effectiveness of measures 
5.7  Case law on quotas or other measures 
5.8 
5.9 

 Internal mechanisms and procedures against gender-based discrimination and harassment 
 State institutions tasked with data collection on gender balance in public decision-making 
positions in the executive 

5.10  Conclusion 

6  PUBLIC ENTERPRISES 

6.1 
6.2 

Introduction 
 Positive action for promotion of gender balance in decision-making positions in public 
enterprises 

6.5 
6.6  Conclusion 
7  GOOD PRACTICES 

6.3  Measures aimed at women from minority groups in public enterprises 
6.4 

 Internal regulation and sanctioning of harassment and sexual harassment in public 
enterprises 
106
 Data collection on gender balance in public decision-making positions in public enterprises  108
111
113
113
113
115
116
116
116

7.1 
7.2  Quotas 
7.3  Public awareness raising 
7.4  Shortlisting 
7.5  Corrective mechanisms 
7.6  Long-term, sustained efforts towards building a gender equality culture 
7.7 

Introduction 

 Strategic approach to institutional and culture transformation: action programmes  
and gender audit 
 Private-work life balance measures: predictable schedules, calendars,  
voting adjustments, paid leave, infrastructure interventions 

7.8 

7.9  Harassment and sexual harassment complaints mechanisms 
7.10  Equal Treatment Coordinators 
7.11  Promoting women at special minority elections 
7.12  Soft regulation and support: certification, good practice guide, transparency 

8  CONCLUSIONS AND RECOMMENDATIONS 

8.1  Conclusions 
8.2  Ways forward 

ANNEX:  QUESTIONNAIRE ON PROMOTION OF GENDER BALANCE IN POLITICAL  

DECISION-MAKING

4

Members of the European network of 
legal experts in gender equality and 
non-discrimination

Management team

General coordinator

Jos Kösters

Human European Consultancy

Specialist coordinator  
gender equality law

Content coordinator  
gender equality law

Specialist coordinator  
non-discrimination law

Linda Senden

Utrecht University

Alexandra Timmer

Utrecht University

Isabelle Chopin

Migration Policy Group

Project manager

Magdalena Maier

Human European Consultancy

Content managers 
gender equality law

Franka van Hoof
Birte Böök

Utrecht University

Catharina Germaine

Migration Policy Group

Content manager 
non-discrimination law

Senior experts

Senior expert on gender equality law

Senior expert on age

Susanne Burri

Elaine Dewhurst

Senior expert on sexual orientation/trans/intersex people

Peter Dunne

Senior expert on racial or ethnic origin

Lilla Farkas

Senior expert on EU and human rights law

Christopher McCrudden

Senior expert on social security

Senior expert on religion or belief

Senior expert on EU law, CJEU case law, sex, gender identity  
and gender expression in relation to trans and intersex people

Frans Pennings

Isabelle Rorive

Christa Tobler

Senior expert on disability

Lisa Waddington

5

National experts

Albania

Austria

Belgium

Bulgaria

Croatia

Cyprus

Czechia

Denmark

Estonia

Finland

France

Germany

Greece

Hungary

Iceland

Ireland

Italy

Latvia

Norway

Poland

Portugal

Romania

Serbia

Slovakia

Slovenia

Spain

Sweden

Türkiye

Non-discrimination

Irma Baraku

Dieter Schindlauer

Gender

Entela Baci 

Marion Guerrero

Sébastien Van Drooghenbroeck

Nathalie Wuiame

Margarita S. Ilieva

Ines Bojić

Corina Demetriou

Jakub Tomšej 

Pia Justesen

Mari-Liis Sepper

Rainer Hiltunen

Sophie Latraverse

Matthias Mahlmann

Athanasios Theodoridis

András Kádár

Genoveva Tisheva

Adrijana Martinović

Vera Pavlou

Kristina Koldinská

Natalie Videbaek Munkholm

Anu Laas

Kevät Nousiainen

Marie Mercat-Bruns

Jule Mulder

Panagiota Petroglou

Lídia Hermina Balogh

Gudrun D. Gudmundsdottir

Herdís Thorgeirsdóttir

Judy Walsh

Chiara Favilli

Anhelita Kamenska

Liechtenstein

Patricia Hornich

Lithuania

Gediminas Andriukaitis and  
Monika Guliakaitė

Luxembourg

Tania Hoffmann

Malta

Montenegro

Netherlands

Tonio Ellul

Maja Kostić-Mandić

Karin de Vries

North Macedonia

Biljana Kotevska

Lene Løvdal

Łukasz Bojarski

Frances Meenan

Simonetta Renga

Kristīne Dupate

Nicole Mathé

Tomas Davulis

Nicole Kerschen

Romina Bartolo

Vesna Simovic-Zvicer

Marlies Vegter

Biljana Kotevska

Marte Bauge

Anna Cybulko

Dulce Lopes and Joana Vicente

Maria do Rosário Palma Ramalho

Romanița Iordache

Ivana Krstić Davinic

Vanda Durbáková

lustina Ionescu

Ivana Krstić Davinic

Zuzana Magurová

NeŽa KogovŠek Šalamon

Tanja Koderman Sever

Fernando Camas Roda

Dolores Morondo Taramundi

Paul Lappalainen

Ulaş Karan

UnitedKingdom

Lucy Vickers

Jenny Julén Votinius

Kadriye Bakirci

Rachel Horton

6

Executive summary

This  thematic  report  is  a  study  on  the  promotion  of  gender-balanced  political  decision-making  in  the 
27 EU Member States, Iceland, Norway, Liechtenstein and the UK. The report aims to: (1) map and bring 
to light the current legal (hard and soft law) and policy frameworks on the promotion of gender balance in 
decision-making in political life in the countries covered by the report; (2) identify obstacles on promoting 
gender  balance  in  decision-making  in  political  life;  (3)  identify  national  promising/best  practices  on 
promoting gender balance in decision-making in political life; and (4) propose possible ways forwards 
for European Union and Commission action. The introductory chapter sets the scene by explaining the 
context, scope and aims of the report. The introduction also provides a note on how key concepts are 
understood and used in the report as well as a description of the methodology.

International law (Chapter 2)

The report looks at standards for the promotion of gender balance in decision-making positions from the 
United Nations, the Council of Europe, the Organization for Security and Co-operation in Europe, and the 
European Union. It affirms that these standards are not only aspirational goals but legal obligations under 
international human rights law for all State Parties, including all EU and EEA countries. All international 
human rights law provisions are applicable to all EU and EEA countries, although a limited number of 
countries have ratified Protocol 12 of the European Convention on Human Rights. The report looks not just 
at those standards that are specifically formulated as standards on the participation of women in public 
and political life, but at standards on such participation that would reflect ethnicity, disability and other 
forms of diversity among women. As a result, the chapter includes the existing standards for participation 
of Roma, persons with disabilities, and to (persons from) national minorities, as these also apply to Roma 
women, women with disabilities, and women from national minorities. In this way, the chapter aims to 
look at the existing standards through an intersectional lens. It must be said, however, that international 
law standards, as they currently stand, pertain largely to the promotion of the participation of women, 
and not to participation in public life for all genders, which would also include non-binary and transgender 
persons.

Elections (Chapter 3)

In relation to the promotion of gender balance in electoral processes, the report focuses on: the leadership 
of political parties; the selection of candidates for national, regional, local and EU parliamentary elections; 
the  composition  of  electoral  management  bodies  and  observer  commissions;  campaigns  encouraging 
women’s  political  participation;  the  effectiveness  of  legal  frameworks  promoting  gender  balance  in 
elections; violations of women’s political rights; mechanisms monitoring sexism and sexist hate speech in 
electoral campaigns; and sanctions. As the findings in this chapter suggest, the last two decades have seen 
developments in relation to gender balance in elections in most of the countries covered in the report. We 
find evidence of a range of legally binding measures, policies, soft law and voluntary measures adopted 
by political parties to promote gender balance in this area. Although no legal steps have been taken in 
relation to the leadership of political parties, we find that many parties across the political spectrum have 
adopted internal rules and measures to promote women political leaders. The area in which there has been 
significant proliferation of legislative measures for gender balance is that of the selection of candidates 
for electoral lists. Several countries have legal gender quotas in place, which are sometimes coupled with 
rules on the ranking of candidates on lists. However, the enforcement mechanisms and effectiveness of 
these measures vary significantly from country to country. Our findings suggest that gender quotas are 
most effective when combined with ranking rules and strict enforcement that essentially mandates the 

7

rejection  of  electoral  lists  that  do  not  meet  gender  balance  rules.  Significantly,  this  chapter’s  findings 
stress the importance of a holistic approach to gender balance in elections and all areas covered in the 
report. Gender quotas, when designed and enforced appropriately, are an important and potentially very 
effective  tool.  However,  their  full  potential  can  only  be  realised  when  they  operate  in  an  environment 
that takes women’s political participation seriously by removing formal and informal obstacles, actively 
encouraging women’s participation and by addressing the particularly acute problem of violence against 
women in politics. In relation to the issue of violence, the findings suggest that effective mechanisms and 
sanctions against sexism and sexist hate speech tailored specifically to electoral processes are lacking. 

The legislature (Chapter 4)

Regarding the promotion of women in decision-making positions in the legislature, the report focuses on: 
positive action, measures for institutional and cultural transformation, measures for supporting women 
from minority groups, other promotion activities, obstacles, case law, protection from harassment and 
sexual  harassment,  violence  against  women,  and  data  collection.  The  findings  suggest  that  countries 
approach promoting women in decision-making positions in the legislature in a number of different ways, 
but that there seems to be an overwhelming reliance on quotas, sometimes heralded as a panacea for the 
promotion of women in decision-making positions. While our findings confirm that quotas undoubtedly 
work when they are well targeted and strong, other important aspects that affect or even condition the 
participation of women in decision-making positions in the legislature continue to be largely disregarded. 
A worryingly overwhelming majority of countries do not provide pregnancy, motherhood and parenthood 
rights for Members of Parliament or councillors/other elected officials at the regional or local levels, or 
exclude them from any protection system against harassment and sexual harassment that they might 
have in place. We also find that only a few of the countries have measures for promoting women from 
minority groups. Where such measures exist they apply to minorities in general, and do not include nested 
quotas  for  women  (quotas  for  women  within  a  larger  quota  for  minorities).  The  approaches  to  data 
collection differ greatly across the board, with some countries still not having accorded a mandate to any 
institution to collect data on women in decision-making positions in the legislature.

Several key conclusions stand out in relation to legislatures. First, laws and policies pay little attention to 
gender balance in decision-making positions inside Parliaments and local or regional councils, for example 
presidents or vice-presidents (presiding officers or speakers), chairs and deputy chairs of parliamentary 
bodies,  secretaries  general  or  other  key  non-elected  positions  in  the  Parliament,  and  so  on.  Second, 
many of the countries covered in this report still have not introduced any measures intended to produce 
institutional and cultural transformation, such as measures adjusting procedures and the operation of 
the legislature, infrastructure or finances. Third, there is an absence of an intersectional perspective on 
the issue of the promotion of women in legislative decision-making positions. Fourth, while a number of 
obstacles persist, the dominant obstacle for the promotion of women in decision-making positions in the 
legislature remains the culture in politics and gender bias, followed by the lack of binding provisions to 
promote women in the legislature. Fifth, soft measures and programme activities are still preferred to 
binding provisions. Sixth, there is little to no case law on this matter. Seventh, legislatures rarely have 
internal  protection  mechanisms  against  harassment  and  sexual  harassment.  Eighth,  violence  against 
women in decision-making positions in the legislature is widespread, and has increasingly moved from 
the  virtual  to  the  real  world.  Ninth,  several  countries  still  have  not  given  a  specific  mandate  to  any 
institution to collect data in this field, and those that have often lack any specific obligations to analyse 
and publish such data. Overall, data collection mandates and practices remain very fragmented.

The executive (Chapter 5)

In  relation  to  the  promotion  of  women  in  decision-making  positions  within  the  executive,  the  report 
focuses  on:  legal  and  other  provisions  for  the  promotion  of  women,  measures  for  institutional  and 

8

PROMOTION OF GENDER BALANCE IN POLITICAL DECISION-MAKINGExecutive summary

cultural transformation in the executive, provisions for the participation of women belonging to minority 
groups, obstacles to women’s participation in the executive, the effectiveness of legal measures, case 
law  concerning  gender  balance  measures  in  the  executive,  internal  mechanisms  addressing  gender 
discrimination and harassment, data collection on gender balance in the executive.

The  discussion  in  this  chapter  shows  that  in  recent  years,  states  have  started  introducing  a  range  of 
legally binding and soft law measures to promote women in decision-making positions in the executive. 
Some examples include gender quotas for some executive bodies and institutions, tie-break clauses for 
female candidates in recruitment procedures and measures for work-life balance. As with the other three 
thematic areas in focus – elections, legislature and public enterprises – the introduction of gender quotas 
is the preferred option for legally binding measures on gender balance in the executive. Where sanctions 
are also contemplated, quotas can be highly effective tools in increasing women’s numbers in decision-
making positions within the executive. However, the evidence national experts provide makes clear that 
the obstacles facing women in this field are often not attributed to legal provisions. Rather, the general 
culture within institutions is a key determinant for women’s opportunities for meaningful participation in 
the executive. Against this background, the chapter highlights national initiatives focusing on change at 
a structural rather than at an individual level. For instance, Equality Plans, are a popular tool aimed at 
structural changes in the executive in many countries covered in the report. The success of the measures 
is determined by their design – for instance, whether any sanctions are contemplated and how are they 
enforced – and by the existence of a broader inclusive environment for women. A key conclusion of this 
chapter is, therefore, that an institutional commitment to cultivating a supportive environment for women 
to access and remain in positions with decision-making powers is of outmost importance.

Public enterprises (Chapter 6)

In  relation  to  the  promotion  of  women  in  decision-making  positions  in  public  enterprises,  the  report 
focuses  on  positive  action,  measures  for  supporting  women  from  minority  groups,  protection  from 
harassment and sexual harassment and data collection. Encouraged by the proposal for a directive of the 
European Parliament and of the Council on improving the gender balance among non-executive directors 
of  companies  listed  on  stock  exchanges  and  related  measures,  the  EU  and  EEA  countries  have  paid 
increasing attention to gender balance and women’s representation on boards.

Several key conclusions have been made regarding this field. First, soft quotas, focused on the boards are 
used in preference to hard quotas and measures focused on directors or other decision-making positions. 
Sanctions are rarely prescribed for not observing the quotas, but monitoring and reporting obligations 
are. Secondly, intersectional perspectives are entirely lacking, as are measures targeting the promotion 
of  women  from  minority  groups  in  decision-making  positions  in  public  enterprises.  Thirdly,  in  several 
countries public enterprises are required to have internal protection mechanisms against harassment and 
sexual harassment, yet the scope of protection is often limited to those with a status of an ‘employee’, 
which means that, like politicians, board members, directors and others with non-employee status are 
excluded  from  the  protection.  Fourthly,  while  most  countries  have  given  a  specific  mandate  to  one  or 
more institution to collect data regarding this field, some still have not done so. Data collection mandates 
and practices remain very fragmented.

Good practices (Chapter 7)

The report identifies good practices in the four areas of focus: elections, the legislature, the executive, 
and public enterprises. While most national experts identified at least one good practice, several of them 
did not identify any. The good practices identified relate to the use of compulsory quotas (elections, the 
legislature,  the  executive,  public  enterprises),  public  awareness  raising  campaigns  (elections),  tactical 
voting  (elections),  shortlisting  (elections),  corrective  election  mechanisms  (the  legislature),  different 

9

measures targeting an institutional, procedural and culture change (the legislature), interventions to the 
infrastructure  such  as  daycare  centres,  changing  rooms  and  so  on  (the  legislature),  and  independent 
complaints mechanisms on harassment and sexual harassment (the legislature). No good practices were 
identified for dealing with violence against women in decision-making positions, or with data collection, 
and only one good practice was identified regarding the promotion of women from minority groups to 
decision-making positions in the executive (albeit, this does not involve nested quotas).

Conclusions and recommendations (Chapter 8)

The report draws 10 key conclusions that apply to all four areas of focus covered by the report.

(1)  The obstacles to women’s participation are mainly found in fivedomains:the‘fiveC’s’–care,cash,

confidence,culture,andcandidateselection. 

(2)  Although in a very limited manner, the efforts are currently slowly moving from ‘just’ descriptive 
representation to also undertaking measures that can work towards institutional and cultural 
transformation. 

(3)  Quotas are the most commonly used tool throughout all areas considered in this report – elections, 
the  legislature,  the  executive,  and  public  enterprises.  The  report  shows  that,  if  well  designed, 
supported, and given legal bite, quotas result in more balanced participation of women. 

(4)  There is a lack of an intersectional perspective on the issue in general. There is almost a complete 
absence of measures tailored for, or aiming towards the promotion of participation of women from 
minority  groups.  Existing  measures  for  the  participation  of  people  from  minority  groups  do  not 
reserve or in another way make room specifically for women from these minorities. There are also 
no nested quotas in place. 

(5)  The ‘elected’,ratherthan‘employed’statusofelectedrepresentativescreatesobstacles for 

women, and men, in particular in realising rights such as maternity and parental leave. 

(6)  The increase of online violence against women in decision-making positions in political life, and 
against MPs and members of Government in particular, has not produced a state reaction of equal 
fortitude. 

(7)  Activities undertaken towards the promotion of gender balance in decision-making in political life 
in the four focus areas of this report largely target women and overlook persons in positions of 
power, such as party leaders. Previous research has shown that gender bias plays a crucial role 
in recruitment and selection, and that therefore such measures should also target party leaders.1 
However, this is still not the case. 

(8)  States still do not impose measures on political parties. These entities are seen as self-governing 
and thus there is no room for state intervention. Where states have leaned on voluntary measures, 
and focusing only on political parties, positive results are lacking. The potential of measures through 
which the state can condition the functioning of political parties in relation to gender balance has 
been largely limited to conditioning public funding to support political parties. Unfortunately, this 
often has a limited impact, and therefore fails to achieve the desired results.

1 

Council of Europe, Third round of monitoring on the implementation of CM Recommendation Rec(2003)3 on balanced 
participation of women and men in political and public decision-making Analytical report - 2016 data (Council of Europe, 2016), 106.

10

PROMOTION OF GENDER BALANCE IN POLITICAL DECISION-MAKINGExecutive summary

(9)  There are almost no mechanisms or measures in place to prevent regression. Measures undertaken 
to boost gender balance in decision-making positions are usually understood as positive action and 
with that are temporary in nature. But their temporariness is understood as an absolute given, and 
promotes an unrealistic understanding of progress as being permanent once obtained. 

(10)  The report clearly shows the power of mobilisation that legislative action at EU level can have at 
the national level in the Member States. Where the EU has taken legislative action, the results are 
visible at the national level and, even where such measures have not been put in place, discussions 
on the matter have started. 

Considering the slow progress in the promotion of women to decision-making positions, regulatory action 
by  the  EU  on  this  issue  is  desirable.  Based  on  past  experience,  EU  action  can  be  expected  to  have  a 
positive impact on encouraging, furthering and streamlining minimum standards on gender balance in 
decision-making positions in political life, and can prompt initial action in those countries where no such 
progress or efforts have taken place. Such action should favour mandatory measures, supported/boosted 
by accompanying measures and should have legal bite (such as through sanctions). Quotas seem widely 
accepted,  but  they  must  be  well  designed,  sufficiently  timed  to  achieve  sustained  effects,  supported, 
and  given  legal  bite.  Other  measures  for  institutional  and  cultural  transformation,  such  as  in  relation 
to  the  procedures  and  operation  of  the  legislature,  infrastructure  and  funding,  should  not  be  left  to 
the realm of policy or voluntary compliance, as they are necessary. Those measures that have proven 
effective in the past, such as public campaigns, should be institutionalised and supported by sufficient 
resources as part of the efforts, and considered as an investment in the permanence of any progress. 
A paradigm shift should be considered that will allow for some of these measures to be conceptualised 
as features of governance for ensuring the observance of the principle of public participation for all as 
a crucial democratic principle, integrating an intersectional perspective, rather than only as temporary 
and corrective measures. This should include encouragement of internal (national) dialogues on electoral 
system  reforms  and  rethinking  the  rights  attached  to  the  status  of  ‘elected’  officials,  particularly  for 
MPs and Government representatives. Combating online and offline violence against women should be a 
priority. Measures should also be aimed at political parties to encourage them to take steps to improve 
gender balance in decision making both internally and in relation to candidates in elections. This should 
include  measures  to  increase  the  visibility  of  women  in  political  parties  and  education  and  capacity 
building measures that target (men as) political leaders. Finally, reporting and monitoring efforts should 
allow  for  evaluation  and  adjustments  of  the  measures  undertaken,  including  by  monitoring  retention 
rates and/or women’s reasons for leaving politics.

Regardless of the occasional waves of anti-gender equality sentiments, the predominant EU public view 
supports gender equality as a value. The European Union should observe this and move towards action 
that can produce steady and sustained progress in the promotion of women in decision-making positions 
in political life.

11

Résumé

Le présent rapport thématique analyse la promotion d’une représentation équilibrée entre hommes et 
femmes au niveau de la prise de décision politique dans les 27 États membres de l’UE, en Islande, en 
Norvège,  au  Liechtenstein  et  au  Royaume-Uni.  Il  vise  également  (1)  à  établir  une  cartographie  et  à 
mettre  en  lumière  les  cadres  juridiques  (droit  contraignant  et  non  contraignant)  et  stratégiques  de  la 
promotion  de  l’équilibre  hommes-femmes  au  niveau  de  la  prise  de  décision  dans  la  vie  politique  des 
pays couverts par le rapport; (2) à recenser les obstacles à la promotion de l’équilibre hommes-femmes 
au niveau de la prise de décision dans la vie politique; (3) à identifier les pratiques prometteuses/bonnes 
pratiques en matière de promotion de l’équilibre hommes-femmes au niveau de la prise de décision dans 
la vie politique; et (4) à proposer des pistes éventuelles pour l’action future de l’UE et de la Commission 
européenne. Le chapitre introductif s’attache à définir le contexte, la portée et les objectifs du rapport, et 
à préciser le sens et l’usage d’une série de concepts clés ainsi que la méthodologie qu’il applique.

Le droit international (chapitre 2)

Le rapport se penche sur les normes en matière de promotion d’une meilleure parité hommes-femmes au 
niveau des postes de décision qui ont été fixées par les Nations unies, le Conseil de l’Europe, l’Organisation 
pour la sécurité et la coopération en Europe, et l’Union européenne. Il confirme que ces normes constituent 
non seulement des aspirations ambitieuses mais également des obligations juridiques pour tous les États 
parties, y compris chacun des membres de l’UE et de l’EEE, en vertu du droit international relatif aux droits 
de l’homme. La totalité des dispositions de ce droit s’appliquent à tous ces pays, même si le protocole 
n° 12 de la Convention de sauvegarde des droits de l’homme et des libertés fondamentales n’a été ratifié 
que  par  un  nombre  limité  d’entre  eux.  Le  rapport  ne  s’intéresse  pas  uniquement  aux  normes  portant 
spécifiquement sur la participation des femmes à la vie publique et politique: il s’intéresse également 
aux  normes  qui,  axées  sur  cette  participation,  reflètent  l’ethnicité,  le  handicap  et  d’autres  formes  de 
diversité  parmi  les  femmes  elles-mêmes.  Ce  deuxième  chapitre  couvre  dès  lors  les  normes  en  place 
concernant la participation des Roms, des personnes handicapées et des (personnes issues de) minorités 
nationales, étant donné qu’elles s’appliquent aussi aux femmes Roms, aux femmes handicapées et aux 
femmes appartenant à des minorités nationales. Il veut ainsi aborder les normes en vigueur sous l’angle 
intersectionnel. Il convient de préciser toutefois qu’en leur état actuel, les normes de droit international 
concernent principalement la promotion de la participation des femmes, et non la participation de tous les 
genres à la vie publique, ce qui inclurait également les personnes non binaires et transgenres.

Les élections (chapitre 3)

En  ce  qui  concerne  la  promotion  de  l’équilibre  hommes-femmes  au  niveau  des  processus  électoraux, 
le rapport concentre son attention sur la direction des partis politiques; sur la sélection des candidats 
lors  des  élections  nationales,  régionales  et  locales,  et  des  élections  du  Parlement  européen;  sur  la 
composition des organes chargés de l’administration des élections et des commissions d’observateurs; 
sur les campagnes d’encouragement à la participation politique des femmes; sur l’efficacité des cadres 
juridiques destinés à promouvoir la parité hommes-femmes en matière électorale; sur les violations des 
droits  politiques  des  femmes;  sur  les  mécanismes  de  surveillance  du  sexisme  et  des  propos  haineux 
sexistes  dans  les  campagnes  électorales;  et  sur  les  sanctions.  Les  constatations  présentées  dans  ce 
chapitre conduisent à penser que des évolutions en matière d’équilibre hommes-femmes au niveau des 
élections sont intervenues ces vingt dernières années dans la plupart des pays couverts par le rapport. Il 
apparaît en effet que toute une série de mesures juridiquement contraignantes, de politiques, de mesures 
non contraignantes et de mesures volontaires ont été adoptées par les partis politiques pour promouvoir 

12

Résumé

la parité hommes-femmes en matière électorale. Bien qu’aucune démarche n’ait été effectuée sur le plan 
juridique pour ce qui concerne la direction des partis politiques, le rapport constate que beaucoup d’entre 
eux,  toutes  allégeances  confondues,  ont  adopté  des  règles  et  mesures  internes  pour  promouvoir  des 
femmes en tant que dirigeants politiques. C’est au niveau de la sélection des candidats figurant sur les 
listes électorales que l’on assiste à la prolifération la plus importante de mesures législatives dans ce sens. 
Plusieurs pays ont instauré des quotas légaux de femmes, parfois associés à des règles de classement 
des  candidats  sur  les  listes.  Les  mécanismes  de  mise  en  œuvre  et  l’efficacité  de  ces  mesures  varient 
néanmoins considérablement d’un pays à l’autre. Il ressort de notre analyse que l’efficacité des quotas 
hommes-femmes est la plus grande lorsqu’ils s’accompagnent de règles concernant l’ordre de classement 
et  d’une  application  stricte  prévoyant  essentiellement  le  rejet  des  listes  électorales  qui  ne  respectent 
pas les exigences fixées en termes d’équilibre hommes-femmes. Concrètement, les observations faites 
dans ce chapitre soulignent l’importance d’une approche holistique de cet équilibre en matière électorale 
comme  dans  tous  les  domaines  couverts  par  le  rapport.  Conçus  et  mis  en  œuvre  de  façon  adéquate, 
les  quotas  de  genre  constituent  un  outil  majeur  et  potentiellement  très  efficace.  Mais  ils  ne  réalisent 
pleinement leur potentiel qu’à condition de s’inscrire dans un environnement qui prenne la participation 
politique des femmes au sérieux en éliminant les obstacle formels et informels, en favorisant activement 
la participation des femmes et en s’attachant à résoudre le problème particulièrement aigu de la violence 
à l’égard des femmes en politique. Pour ce qui concerne ce dernier phénomène, le rapport fait état d’une 
absence de mécanismes efficaces et de sanctions effectives pour lutter, dans le contexte spécifique des 
processus électoraux, contre le sexisme et les propos haineux sexistes.

Le corps législatif (chapitre 4)

En ce qui concerne la promotion des femmes aux fonctions décisionnelles au sein du pouvoir législatif, le 
rapport se concentre sur l’action positive; sur les mesures de transformation institutionnelle et culturelle; 
sur les mesures de soutien aux femmes appartenant à des groupes minoritaires; sur d’autres activités de 
promotion; sur les obstacles; sur la jurisprudence; sur la protection contre le harcèlement et le harcèlement 
sexuel; sur la violence envers les femmes; et sur la collecte de données. Il ressort de l’analyse que si les 
pays étudiés ont des approches diverses de la promotion des femmes aux postes de décision au sein du 
corps législatif, la grande majorité d’entre eux ont opté pour des quotas, lesquels sont parfois présentés 
comme la panacée en la matière. Notre analyse confirme que les quotas fonctionnent incontestablement 
à  condition  d’être  dûment  ciblés  et  suffisamment  solides,  mais  elle  constate  par  ailleurs  que  d’autres 
aspects  importants  qui  influencent,  voire  conditionnent,  la  participation  des  femmes  aux  postes  de 
décision au sein du corps législatif continuent d’être largement négligés. Il est inquiétant de constater en 
effet qu’une écrasante majorité de pays ne confèrent pas de droits liés à la grossesse, à la maternité et 
à la parentalité aux membres de leurs parlements nationaux ni à leurs conseillers/autres représentants 
élus à l’échelon régional ou local, ou qu’ils les excluent de tout régime de protection éventuellement mis 
en place contre le harcèlement ou le harcèlement sexuel. Le rapport constate également que rares sont 
les pays qui ont adopté des mesures destinées à promouvoir des femmes issues de groupes minoritaires. 
Lorsque des mesures de ce type existent, elles s’appliquent aux minorités en général, et n’incluent pas 
de sous-quotas pour les femmes (à savoir des sous-quotas portant spécifiquement sur les femmes au 
sein de quotas plus importants de représentants de minorités). Les approches relatives à la collecte de 
données  sont  très  différentes  selon  les  pays  –  certains  d’entre  eux  n’ayant  encore  mandaté  à  ce  jour 
aucune institution pour collecter des informations concernant les femmes aux postes de décision au sein 
du corps législatif.

Plusieurs  conclusions  majeures  émergent  clairement  pour  ce  qui  concerne  les  corps  législatifs. 
Premièrement,  les  lois  et  politiques  accordent  peu  d’attention  à  la  parité  hommes-femmes  au  niveau 
des fonctions décisionnelles au sein des parlements nationaux et des conseils régionaux ou locaux – tels 
les postes de présidents et de vice-présidents d’assemblées parlementaires, de présidents et de vice-
présidents de commissions parlementaires, de secrétaires généraux ou autres postes non électifs au sein 
du  Parlement,  etc.  Deuxièmement,  bon  nombre  de  pays  couverts  par  notre  rapport  n’ont  toujours  pas 

13

introduit de mesures visant à engendrer une transformation institutionnelle et culturelle, telles que des 
mesures d’adaptation des procédures et du fonctionnement du corps législatif, des infrastructures ou du 
financement. Troisièmement, une perspective intersectionnelle fait défaut dans l’approche de la promotion 
des femmes aux fonctions décisionnelles au sein des corps législatifs. Quatrièmement, un certain nombre 
d’obstacles persistent et, parmi ceux-ci, la principale entrave à la promotion des femmes aux postes de 
décision dans le corps législatif demeure la culture politique et les préjugés fondés sur le genre, suivie de 
l’absence de dispositions contraignantes pour promouvoir les femmes à ce niveau. Cinquièmement, les 
mesures non contraignantes et les activités organisées dans le cadre de programmes continuent d’être 
préférées aux mesures contraignantes. Sixièmement, il existe très peu de jurisprudence en la matière. 
Septièmement, les corps législatifs se sont rarement dotés de mécanismes internes de lutte contre le 
harcèlement et le harcèlement sexuel. Huitièmement, la violence envers les femmes occupant des postes 
de décision au sein du corps législatif est largement répandue, et tend à basculer du monde virtuel vers 
le monde réel. Neuvièmement, plusieurs pays n’ont toujours pas mandaté d’institution spécifique pour 
collecter des données dans ce domaine et, parmi les pays qui ont conféré ce type de mandat, nombreux 
sont ceux où l’obligation d’analyser et de publier les informations ainsi recueillies fait défaut. Les mandats 
et pratiques en matière de collecte de données demeurent, de façon générale, très fragmentés.

Le corps exécutif (chapitre 5)

Pour ce qui concerne la promotion des femmes aux fonctions décisionnelles au sein du corps exécutif, 
le rapport se concentre sur les dispositions juridiques et autres en faveur de la promotion des femmes; 
sur les mesures de transformation institutionnelle et culturelle au sein de l’exécutif; sur les dispositions 
en faveur de la participation des femmes appartenant à des groupes minoritaires; sur les obstacles à la 
participation des femmes au pouvoir exécutif; sur l’efficacité des mesures juridiques; sur la jurisprudence 
relative aux mesures visant à la parité hommes-femmes au sein du corps exécutif; sur les mécanismes 
internes  de  prévention  de  discrimination  et  de  harcèlement  fondés  sur  le  genre;  et  sur  la  collecte  de 
données concernant l’équilibre hommes-femmes au niveau des exécutifs.

L’analyse réalisée dans ce chapitre montre que les États introduisent depuis quelques années un éventail 
de  mesures  –  juridiquement  contraignantes  ou  non  –  destinées  à  promouvoir  les  femmes  aux  postes 
de décision au sein du pouvoir exécutif. On peut citer ici à titre d’exemples les quotas hommes-femmes 
instaurés pour une série d’institutions et organes exécutifs, les clauses en faveur des femmes candidates 
(à  qualification  égale)  prévues  par  certaines  procédures  de  recrutement,  et  des  mesures  visant  à  un 
meilleur  équilibre  entre  vie  professionnelle  et  vie  privée.  Tout  comme  dans  les  trois  autres  domaines 
thématiques  étudiés  –  les  élections,  le  corps  législatif  et  les  entreprises  publiques  –  l’introduction  de 
quotas hommes-femmes est ici l’option préférée pour les mesures juridiquement contraignantes visant 
à une meilleure parité hommes-femmes au sein de l’exécutif. Lorsque des sanctions leur sont associées, 
les  quotas  peuvent  s’avérer  un  moyen  très  efficace  de  faire  augmenter  le  nombre  de  femmes  aux 
postes décisionnels au sein du corps exécutif. Les informations communiquées par les experts nationaux 
montrent clairement néanmoins que les obstacles rencontrés par les femmes à cet égard sont rarement 
perçus comme liés aux dispositions de la loi. Ce serait plutôt la culture prévalant dans les institutions 
qui empêcherait principalement les femmes de participer de manière significative au pouvoir exécutif. Le 
cinquième chapitre présente, dans ce contexte, des initiatives nationales axées sur un changement au 
niveau structurel plutôt qu’individuel. Ainsi des plans en faveur de l’égalité apparaissent-ils comme un 
instrument populaire de promotion d’un changement structurel au niveau du pouvoir exécutif de nombreux 
pays couverts par le rapport. Le succès des mesures est largement déterminé par leur conception – des 
sanctions sont-elles envisagées et, dans l’affirmative, quel est leur mode d’application – et par l’existence 
d’un  environnement  général  inclusif  en  faveur  des  femmes.  L’une  des  conclusions  essentielles  de  ce 
chapitre  réside  donc  dans  l’importance  capitale  que  revêt  l’engagement  institutionnel  de  veiller  à  un 
environnement favorable aux femmes, qui leur permette d’accéder et de se maintenir à des postes dotés 
de pouvoirs décisionnels.

14

PROMOTION OF GENDER BALANCE IN POLITICAL DECISION-MAKINGRésumé

Les entreprises publiques (chapitre 6)

En ce qui concerne la promotion des femmes à des postes de décision au sein d’entreprises publiques, 
le rapport se concentre sur l’action positive; sur les mesures de soutien aux femmes appartenant à des 
groupes minoritaires; sur la protection contre le harcèlement et le harcèlement sexuel; et sur la collecte 
de données. Encouragés par la proposition de directive du Parlement européen et du Conseil relative à 
un meilleur équilibre hommes-femmes parmi les administrateurs non exécutifs des sociétés cotées en 
bourse et à des mesures connexes, les pays de l’UE et de l’EEE ont réservé une attention croissante à la 
parité hommes-femmes et à la représentation des femmes au sein des conseils de ces sociétés.

Plusieurs conclusions importantes ont été tirées à ce propos. Premièrement, des quotas non contraignants 
portant sur les conseils sont préférés à des quotas et mesures juridiquement contraignants portant sur les 
postes d’administrateurs ou autres postes décisionnels. Il est rare que des sanctions soient prescrites en cas 
de non-respect des quotas, mais des obligations de contrôle et de rapport sont en vigueur. Deuxièmement, 
les approches intersectionnelles font totalement défaut, de même que des mesures ciblant la promotion 
de  femmes  issues  de  groupes  minoritaires  à  des  postes  de  décision  au  sein  d’entreprises  publiques. 
Troisièmement,  les  entreprises  publiques  de  plusieurs  pays  sont  tenues  d’instaurer  des  mécanismes 
internes de protection contre le harcèlement et le harcèlement sexuel, mais le champ d’application de 
cette protection se limite souvent aux personnes ayant le statut de «salariés» – ce qui signifie que, tout 
comme les politiciens, les membres des conseils, les administrateurs et d’autres personnes n’ayant pas le 
statut de salarié en sont exclus. Quatrièmement, si la plupart des pays ont conféré un mandat spécifique 
à une ou plusieurs institutions pour recueillir des données dans ce domaine, certains ne l’ont toujours pas 
fait. Les mandats et pratiques en matière de collecte de données demeurent très fragmentés.

Les bonnes pratiques (chapitre 7)

Le rapport recense de bonnes pratiques dans les quatre domaines thématiques analysés, à savoir les 
élections, le corps législatif, le corps exécutif et les entreprises publiques. Si la plupart des experts nationaux 
ont identifié une bonne pratique au moins, ils sont plusieurs à n’en signaler aucune. Les bonnes pratiques 
recensées portent sur l’usage de quotas obligatoires (élections, corps législatif, corps exécutif, entreprises 
publiques), sur les campagnes de sensibilisation (élections), sur le vote utile (élections), sur la présélection 
des  candidats  (élections),  sur  les  mécanismes  correcteurs  en  matière  électorale  (corps  législatif),  sur 
différentes mesures visant à un changement institutionnel, procédural et culturel (corps législatif), sur les 
interventions au niveau d’infrastructures telles que les centres d’accueil de jour, les vestiaires, etc. (corps 
législatif) et sur des mécanismes indépendants de plainte en matière de harcèlement et de harcèlement 
sexuel  (corps  législatif).  Aucune  bonne  pratique  n’a  été  signalée  en  rapport  avec  la  problématique  de 
la violence envers les femmes occupant des fonctions décisionnelles ni en rapport avec la collecte de 
données; et une seule a été recensée pour ce qui concerne la promotion de femmes issues de groupes 
minoritaires à des postes de décision au sein de l’exécutif (bien que les sous-quotas ne soient pas inclus).

Conclusions et recommandations (chapitre 8)

Le rapport tire dix grandes conclusions s’appliquant aux quatre domaines qu’il analyse:

1. 

2. 

Les obstacles à la participation des femmes se situent essentiellement dans cinq sphères, à savoir 
leschargesfamiliales,l’argent,laconfiance,lacultureetlasélectiondescandidatures [Ndlt: 
en anglais, les «cinq C»: care, cash, confidence, culture, and candidate selection].

Bien  qu’ils  restent  très  limités,  les  efforts  tendent  aujourd’hui  à  se  réorienter  lentement  d’une 
représentation «simplement» descriptive vers l’adoption de mesures également susceptibles de 
favoriser une transformation institutionnelle et culturelle.

15

3. 

Lesquotasconstituentl’instrumentlepluscourammentutilisé dans l’ensemble des domaines 
considérés  dans  le  présent  rapport  –  les  élections,  le  corps  législatif,  le  corps  exécutif  et  les 
entreprises publiques. Le rapport montre qu’à condition d’être bien conçu et soutenu, et d’avoir un 
certain  mordant  juridique,  le  système  des  quotas  engendre  une  participation  plus  équilibrée  des 
femmes.

4.   Une approche intersectionnelle de la problématique fait, de façon générale, totalement défaut. 
On  constate  l’absence  quasiment  absolue  de  mesures  spécifiquement  conçues  ou  destinées  à 
promouvoir la participation de femmes issues de groupes minoritaires. Les mesures en place en 
faveur de la participation de personnes appartenant à des groupes minoritaires ne réservent ni ne 
prévoient aucune place spécifique – ni aucun sous-quota – à l’intention des membres féminins de 
ces groupes. 

5. 

6. 

7. 

8. 

Le statut «électif» plutôt que «salarié» des représentants élus constitue une entrave pour les 
femmes et les hommes, en particulier dans l’exercice de droits tels que le congé de maternité et le 
congé parental. 

L’augmentationdelaviolenceenligneàl’égarddesfemmesoccupantdespostesdedécision
dans  la  vie  politique,  et  envers  les  femmes  parlementaires  et  membres  du  gouvernement  en 
particulier, ne suscite pas une réaction de même ampleur et détermination de la part de l’État. 

Les actions entreprises en vue de promouvoir l’égalité hommes-femmes dans la prise de décision 
politique dans les quatre domaines analysés par le rapport sont principalement axées sur les femmes 
et négligent des personnes occupant des postes de pouvoir, et notamment les dirigeants des 
partis politiques. De précédentes études ont montré que l’existence de préjugés sexistes joue un 
rôle déterminant dans le recrutement et les procédures de sélection, et que les mesures devraient 
dès lors cibler également les instances dirigeantes des partis politiques.1 Or tel n’est toujours pas le 
cas. 

LesÉtatsn’imposenttoujourspasdemesuresauxpartispolitiques. Ces entités sont considérées 
comme autonomes, ce qui ne laisse aucune possibilité d’intervention étatique. Lorsque des États 
se  sont  appuyés  sur  des  mesures  volontaires  et  uniquement  axées  sur  les  partis  politiques,  les 
résultats positifs ont été insuffisants. Le potentiel de mesures permettant à l’État de conditionner 
le fonctionnement de partis politiques en termes d’équilibre hommes-femmes s’est essentiellement 
concrétisé par le conditionnement du financement public apporté à ces partis. L’impact est donc, 
hélas, le plus souvent limité et ne suffit pas à atteindre le but espéré. 

9.  On ne trouve pratiquement aucun mécanisme ni aucune mesure de prévention de la régression. 
Les mesures instaurées pour améliorer l’équilibre hommes-femmes aux postes décisionnels sont 
généralement envisagées comme des mesures d’action positive et, dès lors, comme étant de nature 
provisoire. Ce caractère temporaire est toutefois perçu comme un acquis absolu et conduit à une 
vision irréaliste selon laquelle le progrès est permanent une fois qu’il a été accompli. 

10.  Le rapport montre clairement lapuissancedemobilisationqu’uneactionlégislativeauniveau
del’UEpeutavoirauniveaudesÉtatsmembres. Lorsque l’Union agit sur le plan législatif, les 
résultats sont visibles à l’échelon national et, même si les mesures correspondantes n’ont pas été 
mises en place, des débats sur la question ont été amorcés. 

1 

Conseil de l’Europe, Troisième cycle de suivi de la mise en œuvre de la Recommandation Rec(2003)3 du Comité des Ministres sur 
la participation équilibrée des femmes et des hommes à la prise de décision politique et publique Rapport analytique – données 
2016 (Conseil de l’Europe, 2016), p. 113.

16

PROMOTION OF GENDER BALANCE IN POLITICAL DECISION-MAKINGRésumé

Face à la lenteur des avancées concernant la promotion des femmes aux postes de prise de décision, 
une action réglementaire de la part de l’UE est souhaitable en la matière. L’expérience acquise permet 
d’escompter  qu’une  action  de  l’UE  aura  un  impact  positif  en  termes  d’incitation,  de  promotion  et  de 
rationalisation de normes minimales en rapport avec l’équilibre hommes-femmes aux postes de prise de 
décision politique, et qu’elle impulsera une démarche initiale dans les pays où aucun progrès ni effort dans 
ce sens n’a encore été entrepris. Cette action européenne devrait favoriser des dispositions obligatoires 
soutenues/impulsées  par  des  mesures  d’accompagnement,  et  avoir  un  mordant  juridique  (par  le  biais 
de  sanctions,  par  exemple).  Les  quotas  semblent  largement  admis,  mais  ils  doivent  être  bien  conçus, 
programmés de manière à obtenir des effets durables, suffisamment soutenus, et associés à un mordant 
juridique. D’autres mesures visant à une transformation institutionnelle et culturelle, portant notamment 
sur les procédures et le fonctionnement du corps législatif, sur les infrastructures et sur le financement, 
ne  devraient  pas  être  laissées  à  une  stratégie  ou  une  conformité  volontaire  car  il  s’agit  de  mesures 
nécessaires. Les mesures qui se sont avérées efficaces par le passé, telles que les campagnes à l’intention 
du grand public, devraient être institutionalisées et bénéficier de ressources suffisantes dans le cadre des 
efforts déployés, et être considérées comme un investissement dans la permanence de toute avancée. Il 
conviendrait d’envisager un changement de paradigme permettant que certaines de ces mesures soient 
conceptualisées en tant qu’éléments d’une gouvernance assurant le respect du principe de la participation 
publique de tous en tant que principe démocratique, intégrant une perspective intersectionnelle, au lieu 
d’être  uniquement  considérées  comme  des  mesures  temporaires  et  correctrices.  Cette  approche  doit 
comporter  un  encouragement  aux  dialogues  internes  (nationaux)  concernant  la  réforme  du  système 
électoral et un réexamen des droits attachés au statut de représentant «élu», au sein du parlement et du 
gouvernement en particulier. La lutte contre la violence en ligne et hors ligne à l’égard des femmes doit 
être une priorité. Des mesures devraient également être prises à l’intention des partis politiques afin de 
les inciter à introduire des dispositions visant à améliorer la parité hommes-femmes au niveau de la prise 
de décision, tant sur le plan interne qu’en rapport avec les candidats aux élections. Il s’agirait notamment 
de mesures destinées à accroître la visibilité des femmes au sein des partis politiques, et de mesures de 
formation et de renforcement des capacités axées sur les (hommes en tant que) dirigeants politiques. 
Enfin, des efforts en matière de notification et de suivi devraient permettre l’évaluation et l’adaptation des 
mesures mises en place, y compris en surveillant les taux de rétention et/ou les motifs pour lesquels les 
femmes quittent la politique.

Hormis la montée occasionnelle de sentiments négatifs vis-à-vis de l’égalité entre hommes et femmes, 
l’opinion  publique  prédominante  au  sein  de  l’UE  perçoit  et  soutient  cette  égalité  en  tant  que  valeur. 
L’Union européenne devrait respecter cette vision et agir de manière à accomplir des avancées soutenues 
et durables sur la voie de la promotion des femmes aux postes de prise de décision dans la vie politique.

17

Zusammenfassung

Der  vorliegende  Themenbericht  ist  eine  Studie  zur  Förderung  einer  ausgewogenen  Beteiligung  von 
Frauen  und  Männern  an  politischen  Entscheidungsprozessen  in  den  27  EU-Mitgliedstaaten,  Island, 
Norwegen,  Liechtenstein  und  dem  Vereinigten  Königreich.  Ziel  des  Berichts  ist  es:  (1)  die  aktuellen 
rechtlichen  (zwingendes  Recht  und  Soft  Law)  und  politischen  Rahmenbedingungen  für  die  Förderung 
eines  ausgewogenen  Geschlechterverhältnisses  in  Entscheidungsprozessen  des  politischen  Lebens  in 
den vom Bericht erfassten Ländern zu beleuchten und darzustellen; (2) Hindernisse bei der Förderung 
eines  ausgewogenen  Geschlechterverhältnisses  in  Entscheidungsprozessen  des  politischen  Lebens  zu 
ermitteln;  (3)  vielversprechende/bewährte  nationale  Verfahren  zur  Förderung  eines  ausgewogenen 
Geschlechterverhältnisses  in  Entscheidungsprozessen  des  politischen  Lebens  zu  ermitteln;  und 
(4) Möglichkeiten für künftige Maßnahmen der Europäischen Union und der Kommission vorzuschlagen. 
Das  einleitende  Kapitel  beschreibt  Kontext,  Reichweite  und  Ziele  des  Berichts  und  steckt  damit  den 
Rahmen ab. Es enthält außerdem Erläuterungen dazu, wie Schlüsselkonzepte im Bericht verstanden und 
verwendet werden, sowie eine Beschreibung der Methodik.

InternationalesRecht(Kapitel2)

Der Bericht untersucht Standards zur Förderung des Geschlechtergleichgewichts in Entscheidungspositionen 
seitens  der  Vereinten  Nationen,  des  Europarats,  der  Organisation  für  Sicherheit  und  Zusammenarbeit 
in  Europa  und  der  Europäischen  Union.  Er  unterstreicht,  dass  diese  Standards  nicht  nur  ambitionierte 
Ziele, sondern rechtliche Verpflichtungen im Rahmen der internationalen Menschenrechtsbestimmungen 
internationalen 
für  alle  Vertragsstaaten,  einschließlich  aller  EU-  und  EWR-Länder,  sind.  Alle 
Menschenrechtsbestimmungen gelten für sämtliche EU- und EWR-Länder, wenn auch nur eine begrenzte 
Anzahl  von  Ländern  das  Protokoll  Nr.  12  zur  Europäischen  Menschenrechtskonvention  ratifiziert  hat. 
Der Bericht befasst sich nicht nur mit den Standards, die speziell als Standards für die Beteiligung von 
Frauen am öffentlichen und politischen Leben formuliert sind, sondern auch mit Standards für eine solche 
Beteiligung von Frauen, die ethnische Herkunft, Behinderung und andere Formen der Vielfalt von Frauen 
widerspiegeln. Demzufolge bezieht das Kapitel die bestehenden Standards für die Beteiligung von Roma, 
Menschen mit Behinderungen und (Angehörigen von) nationalen Minderheiten mit ein, da diese auch für 
Roma-Frauen,  Frauen  mit  Behinderungen  und  Frauen  gelten,  die  nationalen  Minderheiten  angehören. 
Auf  diese  Weise  will  das  Kapitel  die  bestehenden  Standards  aus  einem  intersektionalen  Blickwinkel 
betrachten. Es muss jedoch festgestellt werden, dass die völkerrechtlichen Standards in ihrer derzeitigen 
Form  sich  überwiegend  auf  die  Förderung  der  Beteiligung  von  Frauen  beziehen,  nicht  jedoch  auf  die 
Beteiligung aller Geschlechter am öffentlichen Leben, was auch nicht-binäre und Transgender-Personen 
einschließen würde.

Wahlen(Kapitel3)

Was die Förderung eines ausgewogenen Geschlechterverhältnisses bei Wahlen betrifft, so beschäftigt sich 
der Bericht vor allem mit folgenden Aspekten: Führung politischer Parteien, Auswahl von Kandidierenden für 
nationale, regionale, lokale und EU-Parlamentswahlen, Zusammensetzung von Wahlmanagementgremien 
und Wahlbeobachtungskommissionen, Kampagnen zur Förderung der politischen Beteiligung von Frauen, 
Wirksamkeit  von  Rechtsvorschriften  zur  Förderung  eines  ausgewogenen  Geschlechterverhältnisses  bei 
Wahlen, Verstöße gegen die politischen Rechte von Frauen, Mechanismen zur Überwachung von Sexismus 
und  sexistischen  Hassreden  in  Wahlkampagnen  sowie  Sanktionen.  Die  Ergebnisse  in  diesem  Kapitel 
zeigen, dass in den letzten zwei Jahrzehnten in den meisten Ländern, die Gegenstand dieses Berichts 
sind, Entwicklungen im Hinblick auf ein ausgewogenes Geschlechterverhältnis bei Wahlen stattgefunden 

18

Zusammenfassung

haben.  Es  existieren  Belege  für  eine  Reihe  von  rechtsverbindlichen  Maßnahmen,  Politiken,  nicht 
zwingenden Vorschriften und freiwilligen Maßnahmen, die politische Parteien beschlossen haben, um ein 
ausgewogenes Geschlechterverhältnis in diesem Bereich zu fördern. Was die Führung politischer Parteien 
betrifft, so wurden zwar keine rechtlichen Schritte unternommen, es zeigt sich jedoch, dass viele Parteien 
des gesamten politischen Spektrums interne Regeln und Maßnahmen beschlossen haben, um weibliche 
politische Führungskräfte zu fördern. Der Bereich, in dem gesetzliche Maßnahmen zur Förderung eines 
ausgewogenen Geschlechterverhältnisses stark zugenommen haben, ist die Auswahl von Kandidierenden 
für Wahllisten. Etliche Länder verfügen über gesetzliche Geschlechterquoten, manchmal in Verbindung 
mit Vorschriften über die Rangfolge der Kandidierenden auf den Listen. Die Durchsetzungsmechanismen 
und  die  Wirksamkeit  dieser  Maßnahmen  sind  jedoch  von  Land  zu  Land  sehr  unterschiedlich.  Die 
Ergebnisse der Studie deuten darauf hin, dass Geschlechterquoten dann am wirksamsten sind, wenn sie 
mit Regeln für die Rangfolge und einer strikten Durchsetzung kombiniert werden, die im Wesentlichen 
gebietet, Wahllisten zurückzuweisen, die den Regeln für ein ausgewogenes Geschlechterverhältnis nicht 
entsprechen.  Bezeichnenderweise  unterstreichen  die  Ergebnisse  dieses  Kapitels  die  Bedeutung  eines 
ganzheitlichen  Ansatzes  für  ein  ausgewogenes  Geschlechterverhältnis  in  Wahlen  und  allen  Bereichen, 
die  Gegenstand  dieses  Berichts  sind.  Geschlechterquoten  sind,  sofern  sie  entsprechend  konzipiert  und 
durchgesetzt  werden,  ein  wichtiges  und  potenziell  sehr  wirksames  Instrument.  Ihr  volles  Potenzial 
kann  jedoch  nur  dann  ausgeschöpft  werden,  wenn  sie  in  einem  Umfeld  zur  Anwendung  kommen,  das 
die politische Beteiligung von Frauen ernst nimmt, indem formelle und informelle Hindernisse beseitigt 
werden  und  die  Beteiligung  von  Frauen  aktiv  gefördert  wird  und  indem  das  besonders  akute  Problem 
der  Gewalt  gegen  Frauen  in  der  Politik  angegangen  wird.  Was  das  Gewaltproblem  betrifft,  so  deuten 
die  Ergebnisse  darauf  hin,  dass  es  an  wirksamen  Mechanismen  und  Sanktionen  gegen  Sexismus  und 
sexistische Hassreden fehlt, die speziell auf Wahlverfahren zugeschnitten sind.

DieLegislative(Kapitel4)

Was die Förderung von Frauen in Entscheidungspositionen innerhalb der Legislative betrifft, so konzentriert 
sich der Bericht auf folgende Aspekte: positive Maßnahmen, Maßnahmen für einen institutionellen und 
kulturellen Wandel, Maßnahmen zur Unterstützung von Frauen, die einer Minderheit angehören, sonstige 
Fördermaßnahmen,  Hindernisse,  Rechtsprechung,  Schutz  vor  Belästigung  und  sexueller  Belästigung, 
Gewalt  gegen  Frauen  und  Datenerhebung.  Die  Ergebnisse  deuten  darauf  hin,  dass  die  Länder  bei  der 
Förderung von Frauen in Entscheidungspositionen in der Legislative unterschiedliche Ansätze verfolgen, 
sich  jedoch  überwiegend  auf  Quoten  zu  verlassen  scheinen,  die  gelegentlich  als  Allheilmittel  für  die 
Förderung  von  Frauen  in  Entscheidungspositionen  gepriesen  werden.  Während  die  Studienergebnisse 
bestätigen, dass Quoten zweifelsohne funktionieren, wenn sie zielgerichtet und stark sind, werden andere 
wichtige Aspekte, die sich auf die Vertretung von Frauen in Entscheidungspositionen in der Legislative 
auswirken oder diese sogar bedingen, nach wie vor weitgehend außer Acht gelassen. Eine bedenklich große 
Mehrzahl  von  Ländern  gewährt  Abgeordneten  oder  Ratsmitgliedern/anderen  gewählten  Amtspersonen 
auf regionaler oder lokaler Ebene keinerlei Rechte im Zusammenhang mit Schwangerschaft, Mutterschaft 
und Elternschaft oder schließt sie von gegebenenfalls vorhandenen Systemen zum Schutz vor Belästigung 
und sexueller Belästigung aus. Außerdem wurde festgestellt, dass nur wenige Länder über Maßnahmen 
zur Förderung von Frauen verfügen, die einer Minderheit angehören. Wo solche Maßnahmen existieren, 
gelten  sie  für  Minderheiten  im  Allgemeinen  und  beinhalten  keine  Unterquoten  für  Frauen  (spezielle 
Frauenquoten  innerhalb  größerer  Quoten  für  Minderheiten).  Die  Ansätze  für  die  Datenerhebung  sind 
generell  sehr  unterschiedlich,  wobei  einige  Länder  bislang  noch  keiner  Institution  ein  Mandat  für  die 
Erhebung von Daten über Frauen in Entscheidungspositionen in der Legislative erteilt haben.

In  Bezug  auf  die  Legislative  stechen  einige  Schlussfolgerungen  besonders  hervor.  Erstens  wird  in  den 
Gesetzen und Politiken der ausgewogenen Vertretung von Frauen und Männern in Entscheidungspositionen 
innerhalb der Parlamente und der lokalen oder regionalen Ratsgremien – Vorsitzende oder stellvertretende 
Vorsitzende  (amtierende  Vorsitzende  oder  Sprecher),  Vorsitzende  und  stellvertretende  Vorsitzende 
von  parlamentarischen  Gremien,  Generalsekretäre  oder  andere  nicht  gewählte  Schlüsselpositionen  im 

19

Parlament usw. – wenig Beachtung geschenkt. Zweitens haben viele der in dem Bericht behandelten Länder 
noch keinerlei Maßnahmen ergriffen, um einen institutionellen und kulturellen Wandel herbeizuführen, als 
da wären Maßnahmen zur Anpassung der Verfahren und der Arbeitsweise der Legislative, der Infrastruktur 
oder der Finanzen. Drittens fehlt es an einer intersektionalen Perspektive auf die Frage der Förderung von 
Frauen in legislativen Entscheidungspositionen. Viertens existiert zwar immer noch eine ganze Reihe von 
Hindernissen  für  die  Förderung  von  Frauen  in  Entscheidungspositionen  in  der  Legislative,  das  größte 
Hindernis ist aber nach wie vor die politische Kultur und die geschlechtsspezifische Voreingenommenheit, 
gefolgt  von  dem  Fehlen  verbindlicher  Vorschriften  zur  Förderung  von  Frauen  in  der  Legislative. 
Fünftens werden weiche Maßnahmen und Programmaktivitäten verbindlichen Vorschriften immer noch 
vorgezogen. Sechstens gibt es wenig bis gar keine Rechtsprechung zu diesem Thema. Siebtens verfügen 
Legislativen  nur  selten  über  interne  Schutzmechanismen  gegen  Belästigung  und  sexuelle  Belästigung. 
Achtens ist Gewalt gegen Frauen in Entscheidungspositionen in der Legislative weit verbreitet und hat 
sich zunehmend von der virtuellen in die reale Welt verlagert. Neuntens haben etliche Länder noch keiner 
Institution ein spezifisches Mandat für die Erhebung von Daten in diesem Bereich erteilt und mangelt es 
in den Ländern, die ein solches Mandat erteilt haben, häufig an konkreten Vorgaben für die Analyse und 
Veröffentlichung dieser Daten. Insgesamt sind die Mandate und Verfahren zur Datenerhebung nach wie 
vor sehr fragmentiert.

DieExekutive(Kapitel5)

Was die Förderung von Frauen in Entscheidungspositionen innerhalb der Exekutive betrifft, so konzentriert 
sich der Bericht auf folgende Punkte: gesetzliche und andere Bestimmungen zur Förderung von Frauen, 
Maßnahmen  für  einen  institutionellen  und  kulturellen  Wandel  in  der  Exekutive,  Vorschriften  über  die 
Beteiligung von Frauen, die Minderheiten angehören, Hindernisse für die Beteiligung von Frauen in der 
Exekutive, Wirksamkeit gesetzlicher Maßnahmen, Rechtsprechung bezüglich Maßnahmen zur Förderung 
eines ausgewogenen Geschlechterverhältnisses in der Exekutive, interne Mechanismen zur Bekämpfung 
geschlechtsbezogener Diskriminierung und Belästigung, Datenerhebung zur Geschlechterverteilung in der 
Exekutive.

Aus den Erörterungen in diesem Kapitel geht hervor, dass die Staaten in den letzten Jahren damit begonnen 
haben, eine Reihe von rechtlich bindenden und nicht bindenden Maßnahmen zur Förderung von Frauen 
in Entscheidungspositionen in der Exekutive zu etablieren. Beispiele dafür sind Geschlechterquoten für 
Exekutivorgane  und  Institutionen,  „Tiebreak“-Klauseln  für  weibliche  Bewerber  in  Einstellungsverfahren 
und  Maßnahmen  zur  Vereinbarkeit  von  Beruf  und  Privatleben.  Wie  auch  bei  den  anderen  drei 
Schwerpunktbereichen  –  Wahlen,  Legislative  und  öffentliche  Unternehmen  –  ist  die  Einführung 
von  Geschlechterquoten  die  bevorzugte  Option  für  rechtlich  bindende  Maßnahmen  zur  Förderung 
ausgewogener Geschlechterverhältnisse in der Exekutive. Wenn gleichzeitig Sanktionen vorgesehen sind, 
können Quoten äußerst wirksame Instrumente sein, um den Anteil von Frauen in Entscheidungspositionen 
innerhalb  der  Exekutive  zu  steigern.  Die  Erkenntnisse  der  nationalen  Expertinnen  und  Experten  zeigen 
jedoch deutlich, dass die Hindernisse, denen sich Frauen in diesem Bereich gegenübersehen, häufig nicht 
auf  gesetzliche  Bestimmungen  zurückzuführen  sind.  Ein  entscheidender  Faktor  für  die  Chancen  von 
Frauen  auf  eine  maßgebliche  Beteiligung  an  der  Exekutive  ist  vielmehr  die  allgemeine,  innerhalb  der 
Institutionen bestehende Kultur. Vor diesem Hintergrund hebt das Kapitel nationale Initiativen hervor, die 
darauf ausgerichtet sind, Veränderungen auf struktureller anstatt auf individueller Ebene zu bewirken. 
In  vielen  der  im  Bericht  behandelten  Länder  sind  beispielsweise  Gleichstellungspläne  ein  beliebtes 
Instrument, das auf strukturelle Veränderungen in der Exekutive abzielt. Der Erfolg der Maßnahmen hängt 
sowohl von ihrer Ausgestaltung ab – zum Beispiel davon, ob Sanktionen vorgesehen sind und wie diese 
durchgesetzt werden – als auch davon, ob ein breiteres integratives Umfeld für Frauen vorhanden ist. Eine 
der wichtigsten Schlussfolgerungen dieses Kapitels lautet daher, dass ein institutionelles Engagement für 
die Schaffung von Rahmenbedingungen, die Frauen den Zugang zu und den Verbleib in Positionen mit 
Entscheidungsbefugnissen ermöglichen, von größter Bedeutung ist. 

20

PROMOTION OF GENDER BALANCE IN POLITICAL DECISION-MAKINGZusammenfassung

ÖffentlicheUnternehmen(Kapitel6)

Was  die  Förderung  von  Frauen  in  Entscheidungspositionen  in  öffentlichen  Unternehmen  betrifft,  so 
konzentriert sich der Bericht auf positive Maßnahmen, Maßnahmen zur Unterstützung von Frauen, die 
Minderheiten angehören, Schutz vor Belästigung und sexueller Belästigung sowie Datenerhebung. Ermutigt 
durch den Vorschlag für eine Richtlinie des Europäischen Parlaments und des Rates zur Gewährleistung 
einer ausgewogenen Vertretung von Frauen und Männern unter den nicht geschäftsführenden Direktoren/
Aufsichtsratsmitgliedern börsennotierter Gesellschaften und über damit zusammenhängende Maßnahmen 
haben die EU- und EWR-Länder einem ausgewogenen Geschlechterverhältnis und dem Frauenanteil in 
Leitungsorganen stärkere Aufmerksamkeit gewidmet.

In  Bezug  auf  dieses  Thema  wurden  mehrere  wichtige  Schlussfolgerungen  gezogen.  Erstens:  Weiche 
Quoten,  die  auf  die  Leitungsorgane  abstellen,  werden  gegenüber  harten  Quoten  und  Maßnahmen,  die 
auf  Direktoren/Aufsichtsratsmitglieder  oder  andere  Entscheidungspositionen  abstellen,  bevorzugt. 
Bei  Nichteinhaltung  der  Quoten  werden  nur  selten  Sanktionen  verhängt,  wohl  aber  Überwachungs- 
und  Berichtspflichten.  Zweitens:  Intersektionale  Sichtweisen  fehlen  gänzlich,  ebenso  Maßnahmen, 
die  darauf  abzielen,  Frauen,  die  Minderheiten  angehören,  in  Entscheidungspositionen  in  öffentlichen 
Unternehmen zu fördern. Drittens: In etlichen Ländern sind öffentliche Unternehmen verpflichtet, interne 
Schutzmechanismen gegen Belästigung und sexuelle Belästigung bereitzustellen; häufig ist der Schutz 
jedoch auf Personen beschränkt, die den Status von „Angestellten“ haben, was bedeutet, dass Politiker, 
Mitglieder  von  Leitungsorganen,  Direktoren,  Aufsichtsratsmitglieder  und  andere  Personen,  die  keinen 
Angestelltenstatus haben, von dem Schutz ausgeschlossen sind. Viertens: Während die meisten Länder 
einer oder mehreren Institutionen ein spezielles Mandat für die Erhebung von Daten in diesem Bereich 
erteilt haben, haben einige dies noch nicht getan. Mandate und Verfahren zur Datenerhebung sind nach 
wie vor sehr fragmentiert.

BewährteVerfahren(Kapitel7)

Der Bericht stellt bewährte Verfahren in den vier Schwerpunktbereichen Wahlen, Legislative, Exekutive 
und öffentliche Unternehmen vor. Die meisten nationalen Expertinnen und Experten haben mindestens 
ein  bewährtes  Verfahren  ausfindig  gemacht;  es  gab  jedoch  auch  etliche,  die  kein  solches  Verfahren 
gefunden  haben.  Die  bewährten  Verfahren,  die  ausfindig  gemacht  wurden,  beziehen  sich  auf  den 
Einsatz  obligatorischer  Quoten  (Wahlen,  Legislative,  Exekutive,  öffentliche  Unternehmen),  Kampagnen 
zur  Sensibilisierung  der  Öffentlichkeit  (Wahlen),  taktische  Abstimmungen  (Wahlen),  Vorauswahlen 
(Wahlen),  Wahlkorrekturmechanismen  (Legislative),  verschiedene  Maßnahmen  zur  Förderung  eines 
institutionellen,  verfahrenstechnischen  und  kulturellen  Wandels  (Legislative),  Infrastrukturmaßnahmen 
wie  Kindertagesstätten,  Umkleideräume  usw.  (Legislative)  und  unabhängige  Beschwerdemechanismen 
bei  Belästigung  und  sexueller  Belästigung  (Legislative).  Keine  bewährten  Verfahren  wurden  für  den 
Umgang mit Gewalt gegen Frauen in Entscheidungspositionen bzw. für die Erhebung von Daten ausfindig 
gemacht, und nur ein bewährtes Verfahren wurde in Bezug auf den Zugang von Frauen, die Minderheiten 
angehören,  zu  Entscheidungspositionen  in  der  Exekutive  ausfindig  gemacht  (dieses  beinhaltet  jedoch 
keine Unterquoten).

SchlussfolgerungenundEmpfehlungen(Kapitel8)

In  dem  Bericht  werden  zehn  wichtige  Schlussfolgerungen  gezogen,  die  für  alle  vier  behandelten 
Schwerpunktbereiche gelten:

(1)  Die Hindernisse für die Beteiligung von Frauen sind vor allem in fünfBereichen–Betreuung,Geld,

Vertrauen,KulturundKandidierendenauswahl–angesiedelt.

21

(2)  Die  Bemühungen  verlagern  sich,  wenn  auch  in  sehr  begrenztem  Maße,  langsam  von  einer  „nur“ 
deskriptiven Repräsentation auf Maßnahmen, die einen institutionellen und kulturellen Wandel 
bewirken können.

(3) 

In allen untersuchten Bereichen – Wahlen, Legislative, Exekutive und öffentliche Unternehmen – sind 
QuotendasamhäufigsteneingesetzteInstrument. Der Bericht zeigt, dass Quoten – sofern sie 
gut  konzipiert  sind,  unterstützt  werden  und  rechtlichen  Biss  haben  –  zu  einer  ausgewogeneren 
Beteiligung von Frauen führen.

(4)  Generell  fehlt  eine  intersektionale  Sichtweise  auf  dieses  Thema.  Es  existieren  fast  keine 
Maßnahmen,  die  darauf  zugeschnitten  sind  oder  darauf  abzielen,  die  Beteiligung  von  Frauen  zu 
fördern,  die  Minderheiten  angehören.  Bereits  bestehende  Maßnahmen  für  die  Beteiligung  von 
Menschen,  die  Minderheiten  angehören,  sehen  weder  Raum  speziell  für  Frauen  vor,  die  diesen 
Minderheiten  angehören,  noch  berücksichtigen  sie  diese  Frauen  auf  andere  Weise.  Es  existieren 
auch keine Unterquoten.

(5)  Der  Status  gewählter  Mandatstragender  als  „gewählte“  und  nicht  als  „angestellte“ 
VertreterinnenundVertreterschafftHindernissefür Frauen – und für Männer –, insbesondere bei 
der Wahrnehmung von Rechten wie Mutterschafts- und Elternurlaub.

(6)  Die  Zunahme  von  Online-Gewalt  gegen  Frauen  in  politischen  Entscheidungspositionen, 
insbesondere gegen Abgeordnete und Regierungsmitglieder, hat nicht zu einer staatlichen Reaktion 
von gleicher Stärke geführt.

(7)  Maßnahmen  zur  Förderung  eines  ausgewogenen  Geschlechterverhältnisses 

in  politischen 
Entscheidungsprozessen  in  den  vier  Schwerpunktbereichen  dieses  Berichts  zielen  überwiegend  auf 
Frauen ab und übersehen Menschen in Machtpositionen wie z. B. Parteiführerinnen und Parteiführer. 
Frühere  Untersuchungen  haben  gezeigt,  dass  geschlechtsspezifische  Voreingenommenheit  in 
Rekrutierungs- und Auswahlprozessen eine entscheidende Rolle spielt und dass solche Maßnahmen 
daher auch auf die Parteispitzen abzielen sollten.1 Dies ist jedoch nach wie vor nicht der Fall.

(8)  Die Staaten schreiben politischen Parteien nach wie vor keine Maßnahmen vor. Parteien gelten 
als Selbstverwaltungsorgane und somit besteht kein Raum für staatliche Eingriffe. Dort, wo Staaten 
auf freiwillige Maßnahmen gesetzt haben, die sich nur auf politische Parteien konzentrieren, bleiben 
positive  Ergebnisse  aus.  Das  Potenzial  der  Maßnahmen,  mit  denen  der  Staat  die  Arbeitsweise 
politischer  Parteien  im  Hinblick  auf  ein  ausgewogenes  Geschlechterverhältnis  beeinflussen  kann, 
beschränkt  sich  weitgehend  darauf,  öffentliche  Mittel  zur  Unterstützung  politischer  Parteien  an 
Auflagen zu knüpfen. Leider hat dies häufig nur eine begrenzte Wirkung und führt daher nicht zu den 
gewünschten Ergebnissen.

(9)  Es  existieren 

fast  keinerlei  Mechanismen  oder  Maßnahmen,  um  Rückschritte  zu 
verhindern.  Maßnahmen  zur  Förderung  eines  ausgewogenen  Geschlechterverhältnisses  in 
Entscheidungspositionen  gelten  in  der  Regel  als  positive  Maßnahmen  und  sind  damit  zeitlich 
begrenzt. Ihre zeitliche Begrenztheit wird jedoch als selbstverständlich angesehen und fördert eine 
unrealistische Sichtweise, wonach einmal erzielte Fortschritte dauerhaft sind.

(10)  Der  Bericht  zeigt  deutlich  die  Mobilisierungskraft, die gesetzgeberische Maßnahmen auf EU-
Ebene auf der nationalen Ebene in den Mitgliedstaaten haben können. Wo die EU gesetzgeberisch 
tätig  geworden  ist,  sind  die  Ergebnisse  auf  nationaler  Ebene  sichtbar,  und  selbst  dort,  wo  keine 

1 

Europarat (2016), Third round of monitoring on the implementation of CM recommendation Rec(2003)3 on balanced 
participation of women and men in political and public decision-making, Analysebericht, Daten 2016, Europarat, 106.

22

PROMOTION OF GENDER BALANCE IN POLITICAL DECISION-MAKINGZusammenfassung

entsprechenden  Maßnahmen  getroffen  wurden,  sind  Diskussionen  zu  diesem  Thema  in  Gang 
gekommen. 

In Anbetracht der langsamen Fortschritte bei der Förderung von Frauen in Entscheidungspositionen ist ein 
regulierendes Eingreifen der EU in dieser Frage wünschenswert. Nach den bisherigen Erfahrungen kann 
davon  ausgegangen  werden,  dass  sich  EU-Maßnahmen  positiv  auf  die  Förderung,  Unterstützung  und 
Straffung von Mindeststandards für eine ausgewogene Vertretung von Frauen und Männern in politischen 
Entscheidungspositionen  auswirken  und  erste  Maßnahmen  in  den  Ländern  anstoßen  können,  in  denen 
keine  derartigen  Fortschritte  oder  Bemühungen  stattgefunden  haben.  Ein  solches  Eingreifen  sollte 
obligatorische Maßnahmen favorisieren, die durch flankierende Maßnahmen unterstützt/verstärkt werden 
und rechtlichen Biss haben (z. B. durch Sanktionen). Quoten scheinen weithin auf Akzeptanz zu stoßen. 
Sie müssen jedoch gut konzipiert und entsprechend zeitlich bemessen sein, um eine nachhaltige Wirkung 
zu erzielen; außerdem müssen sie unterstützt werden und rechtlichen Biss haben. Weitere Maßnahmen 
für  einen  institutionellen  und  kulturellen  Wandel,  etwa  in  Bezug  auf  die  Verfahren  und  Arbeitsweise 
der Legislative, Infrastruktur und Finanzierung, sollten nicht der Politik oder der freiwilligen Einhaltung 
überlassen  werden,  da  sie  notwendig  sind.  Diejenigen  Maßnahmen,  die  sich  in  der  Vergangenheit  als 
wirksam  erwiesen  haben  (z. B.  Öffentlichkeitskampagnen),  sollten  als  Bestandteil  der  Bemühungen 
institutionalisiert,  mit  ausreichenden  Mitteln  ausgestattet  und  als  Investition  in  die  Dauerhaftigkeit 
jeglichen Fortschritts betrachtet werden. Es sollte ein Paradigmenwechsel in Betracht gezogen werden, 
der es ermöglicht, einige dieser Maßnahmen als Merkmale des Regierungshandelns zu konzipieren, um 
die Beachtung des Grundsatzes der Öffentlichkeitsbeteiligung für alle – nicht nur als vorübergehende, 
korrigierende  Maßnahme,  sondern  als  wesentliches  demokratisches  Prinzip,  unter  Einbeziehung  einer 
intersektionalen  Perspektive  –  zu  gewährleisten.  Gleichzeitig  sollten  interne  (nationale)  Dialoge  über 
Reformen des Wahlsystems gefördert und die Rechte überdacht werden, die mit dem Status „gewählter“ 
Amtspersonen,  insbesondere  Abgeordneten  und  Regierungsmitgliedern,  einhergehen.  Die  Bekämpfung 
von  Online-  und  Offline-Gewalt  gegen  Frauen  sollte  eine  Priorität  sein.  Weitere  Maßnahmen  sollten 
auf  die  politischen  Parteien  abzielen,  um  diese  dazu  zu  ermutigen,  Schritte  zur  Verbesserung  des 
Geschlechtergleichgewichts in Entscheidungsprozessen, sowohl intern als auch in Bezug auf Kandidierende 
für Wahlen, zu unternehmen. Dazu sollten auch Maßnahmen für eine stärkere Sichtbarkeit von Frauen in 
politischen Parteien sowie Bildungsmaßnahmen und Maßnahmen zum Aufbau von Kapazitäten gehören, 
die  auf  (Männer  als)  politische  Entscheidungsträger  abzielen.  Schließlich  sollten  Berichterstattung  und 
Monitoring eine Bewertung und Anpassung der ergriffenen Maßnahmen ermöglichen, einschließlich des 
Monitoring von Verbleibquoten und/oder der Gründe von Frauen, aus der Politik auszusteigen.

Ungeachtet  der  gelegentlichen  Wellen  von  Anti-Gender-Ressentiments  unterstützt  die  breite  EU-
Öffentlichkeit die Gleichstellung von Frauen und Männern als einen Wert. Die Europäische Union sollte 
dies berücksichtigen und Maßnahmen ergreifen, die in der Lage sind, bei der Förderung von Frauen in 
politischen Entscheidungspositionen kontinuierliche und nachhaltige Fortschritte zu bewirken.

23

1 

Introduction

1.1  Context and scope

Across the EU, women are underrepresented in decision making in essentially all important areas of life, 
including in politics. According to the latest statistics of the European Institute of Gender Equality (EIGE), 
in  the  EU27,  women  accounted  for  only  32.4  %  of  senior  ministers,  32.8  %  of  members  of  national 
parliaments and 35 % of regional assemblies.1 There also exist large disparities from country to country 
when it comes to women’s representation in the political sphere, with several countries scoring well below 
the EU average. Parity or gender balance in political representation exist only in a handful of states, while 
women outnumbering men in political decision-making positions is a very rare occurrence. 

The reasons for women’s underrepresentation in politics are several and multifaceted. Political scientists 
have long studied the position of women in politics, highlighting the many barriers they face in accessing 
and retaining positions with decision making powers. In Europe, legal scholarship examining the role of 
law in bringing about transformative change by promoting gender balance in political decision making is 
more limited and normally covers a handful of countries.2 In recent decades, however, many European 
states have introduced hard and soft law seeking to increase women’s representation in politics. There is 
therefore a need to map and comparatively examine these efforts and the results they have yielded so 
far. This is what this report aims to do. 

The purpose of this report is to analyse the promotion of gender balance in decision making in political 
life in the 27 EU Member States, Iceland, Liechtenstein, Norway and the United Kingdom. The analysis 
focuses on the promotion of gender balance in four areas: elections, the legislative branch, the executive 
branch and public enterprises. The aim of the report is fourfold. First, to map, compare and analyse the 
current legal – including both hard and soft law – and policy frameworks for the promotion of gender 
balance in political decision making in the countries covered by the report. Secondly, to identify obstacles 
to women’s equal and effective participation in political decision making. Thirdly, to identify any promising 
national practices with the potential to strengthen gender balance in political decision making. Finally, to 
identify areas where the European Union, particularly the European Commission, could act to promote 
gender  balance  in  political  decision  making.  As  such,  the  report  directly  supports  the  implementation 
of  the  Gender  Equality  Strategy  2020-20253  by  collecting  data  on  and  generating  an  analysis  of  the 
promotion  of  gender  balance  in  decision  making  in  political  life,  and  by  facilitating  the  exchange  of 
promising/best practices, which can be built on through other European Commission initiatives, such as 
the Mutual Learning Programme in gender equality and the Gender Equality Strategy Monitoring Portal.4 

The  focus  of  the  report  is  on  legal  regulation  and  covers  both  hard  law  and  soft  law.  While  research 
shows beyond doubt that practices, cultures and other factors beyond the law play an important role in 
discouraging and encouraging the promotion of women in public decision making, this report has been 
written for a network of legal experts – EELN – and will therefore focus primarily on legal measures and 
on mechanisms and structures built to support their implementation. For the same reason, the report will 
provide a descriptive account of the legal measures available, supplemented by a critical analysis of their 
effectiveness.

The report concerns the position of women in political decision making. We focus deliberately on women 
as it is unquestionable that it is women who disproportionately lack representation in this area. At the 
same time, however, we use an intersectional prism where relevant and possible. Although the report 

1 
2 

3 
4 

EIGE, Gender Statistics Database, 4th Quarter of 2022.
For a notable contribution from a legal perspective, see Lépinard, É, & Rubio-Marín, R. (Eds.) (2018), Transforming Gender 
Citizenship: The Irresistible Rise of Gender Quotas in Europe (Cambridge Studies in Law and Society), Cambridge: Cambridge 
University Press.
European Commission (2020), A Union of Equality: Gender Equality Strategy 2020-2025 COM(2020) 152 final (Brussels, 5.03.2020).
https://composite-indicators.jrc.ec.europa.eu/ges-monitor.

24

Introduction

recognises that many rights, such as the right to work or access to healthcare, are crucial for cultivating 
an  environment  that  is  conducive  to  gender  balance  in  decision  making,  it  will  not  investigate  them 
specifically as this would stretch the scope of the report beyond what is doable in the timeframe foreseen 
for its drafting.

1.2 Keyconcepts

In this section we provide a note on the working definitions of key concepts used throughout this report: 
representation (descriptive, substantive, and symbolic) gender balance, women, decision-making positions, 
positive action, quotas, elections, legislature, executive, public enterprises.

Representation refers, generally, to making the voices, opinions and interests of a group – for the purposes 
of the report, those of women – present in the public/political sphere, public/political debates and decision-
making processes. The analysis is in this report is also attentive to three dimensions of representation: 
descriptive, substantive and symbolic.

Decision-making positions are positions: 

 –

‘from which it is possible to take or influence a decision:

-    within a domain: at organisational level. This restricts coverage to organisations having a major 
influence in the domain at the territorial level of interest, which is usually national but can also 
be international, European, regional or local;

-    within  an  organisation:  at  hierarchical  level.  This  restricts  coverage  to  positions  within  the 

hierarchy that have a major input to decision-making within the organisation.’5

 –

that grant the holder power to take, either individually or collectively, important decisions that impact 
others. For the purposes of this report, we focus on decision making in public life, in particular on 
elections, the legislature, the executive and public enterprises.

Descriptive Representation exists when the composition of decision-making bodies reflects the general 
characteristics  and  demographics  of  the  represented  population.  Achieving  descriptive  representation 
for women, therefore, requires that women’s numbers in decision-making bodies reflect their share in 
the general population of a polity. For example, whereas women constitute 50 % of the population in a 
given polity, then women should constitute 50 % of members of bodies with decision-making powers. 
The  systematic  exclusion  from  or  under  inclusion  of  a  group  in  decision-making  processes  ultimately 
undermines the democratic legitimacy of these processes. While descriptive representation is numerical 
and passive in the sense that it is met when the required number of a group’s representatives reaches 
positions  of  power,  Substantive  Representation  requires  actively  representing  the  group’s  voices  and 
rights. In Hanna Pitkin’s words, ‘the representative acts in the interests of the represented, in a manner 
responsive to them’. Substantive representation therefore adds a requirement of responsiveness. Having 
the  required  number  of  women  in  decision-making  bodies  is  necessary  but  not  enough;  it  is  further 
required that representatives acts in line with the interests of those they represent. 

Symbolic  Representation  refers  to  representation  through  terms,  construction  and  ranking  by  way  of 
‘metaphors, stereotypes, frames, and underlying norms and values in constitutions, laws, judicial decisions, 
treaties, administrative regulations, and public policies as well as in more traditional symbols such as 
national flags, images, public buildings, public spaces, and statues’.6

5 
6 

European Institute for Gender Equality, Gender Statistics Database: Women and Men in Decision Making (14 December 2022).
Childs, S. and Lovenduski, J. (2013), ‘Political Representation’ in Georgina Waylen et al (eds), The Oxford Handbook of Gender 
and Politics, OUP, 492-493, with a reference to: Meier, P. and Lombardo, E. (2010), ‘Towards a new theory on the symbolic 
representation of women’, Paper presented at the American Political Science Association annual meeting, Washington, DC, 
September, 2–5.

25

Strictly  speaking,  the  notion  of  gender-balanced  participation  refers  to  the  equal  representation,  or 
parity, of men and women in all public decision-making processes. For the purposes of this report, we 
follow  the  notion  of  Gender  Balance  proposed  by  the  European  Parliament  which  stipulates  that  the 
‘representation of either women or men in any decision-making body in public and political life should not 
fall below 40 %.’7 We also note that several countries covered in this report understand gender-balanced 
participation in terms of the 40 % threshold. When referring to the stricter notion of gender-balanced 
participation, we use the notion of parity instead.

Positive Action involves the use of measures that are taken by Government or other actors to enable or 
encourage members of ‘protected groups’ (such as women) to overcome or at least reduce current or 
past disadvantages (including discrimination), or to meet the needs of the protected group that differ 
from other groups, or to enable or encourage persons in the protected groups to participate in a particular 
activity where they might otherwise be under-represented.8

Gender Quotas are special measures that seek to increase the representation and participation of the 
underrepresented  sex  in  public  life  by  reserving  a  certain  proportion  of  seats  or  representation  in  an 
electoral list for the underrepresented sex. For the purposes of this report, we focus on gender quotas 
for women as it is women who are disproportionately underrepresented in the four areas covered in the 
report. 

Legislature refers to the legislative branch of government broadly understood to include elected positions 
in national and federal parliaments; for the purposes of this report, we also include local (municipal) and 
regional councils. The specific focus in this report is on positions with decision-making powers within the 
legislature. Examples of such positions include: presidents, vice-presidents, and members of parliaments, 
presidents,  vice-presidents,  and  members  of  parliamentary  bodies,  presidents,  vice-presidents,  and 
members in permanent, temporary or ad-hoc delegations, mayors, presidents of councils, vice-presidents 
of councils, members of councils or assemblies. 

Executive  refers  to  the  executive  branch  of  government  which  includes  state  governments,  federal 
governments, regional governments, presidents, presidential councils and the public administration. The 
report  focuses  on  positions  with  decision-making  powers  within  the  executive,  such  as:  presidents  of 
countries,  prime  ministers,  deputy-prime  ministers,  ministers,  deputy-ministers,  high  political  officials, 
counselors,  secretaries,  members  of  presidential  councils  and  other  public  decision-making  bodies 
established and/or headed by the president, high decision-making positions within central governments 
(the  ‘first  tier  of  administration’)  and  regulatory  agencies,  including  agencies  on  financial  regulation, 
public health and social and economic councils.

Public  enterprises  are  business  organisations  wholly  or  partially  owned  by  the  state  and  managed  or 
controlled by a public authority. The services offered via public enterprises can vary from state to state; 
the report focuses on decision-making positions within public enterprises relevant in each national context.

1.3  Methodology

The report draws mainly on data and information gathered from national reports provided by the national 
experts of the EELN. National experts answered a detailed questionnaire (see the annex to the report) 
containing  five  sets  of  questions  on:  elections,  the  legislature,  the  executive,  public  enterprises,  good 
practices. The 31 national experts were asked to provide information on and assessment of hard and 
soft law measures on gender-balanced political decision-making, case law and studies relevant to their 
country, as well as to discuss any obstacles facing women in this field. The experts’ answers are based 

7 
8 

European Parliament, Women in decision-making (B5-0180/2000) (OJ C 346/82) (04.12.2000).
See, McCrudden C. (2019), Gender-based positive action in employment in Europe. A comparative analysis of legal and policy 
approaches in the EU and EEA, Luxembourg: Publications Office of the European Union.

26

PROMOTION OF GENDER BALANCE IN POLITICAL DECISION-MAKINGIntroduction

on the information publicly available to them at the cut-off date (17th June 2022). The authors of this 
thematic  report  comparatively  analysed  the  national  experts’  answers  and  insights,  using  thematic 
analysis and comparison as data analysis methods, and formulated follow-up questions where necessary. 
The findings from the analysis of national experts’ answers is presented in chapters 3, 4, 5, 6 and 7. 
chapter  2  is  based  on  review  and  critical  examination  of  international  and  regional  legal  standards 
relevant to gender-balanced representation in political decision-making. chapter 8 is largely drawn up 
based on a comparative method.

1.4  Structure of the report

The report is divided into eight chapters. The Introduction sets the context and scope for the report and 
explains its methodology. Chapter 2 provides an account of international and European law standards on 
gender balance in political decision making with a focus on United Nations, Council of Europe, Organization 
for Security and Co-operation in Europe and EU instruments. Chapter 3 offers a comparative discussion 
of national provisions on gender balance in elections. Chapter 4 focuses on national provisions promoting 
gender balance in legislatures. Chapter 5 discusses the promotion of gender balance in Government (the 
executive). Chapter 6 focuses on gender balance within public enterprises. Chapter 7 explores some of 
the best national practice identified in relation to gender balance in political decision making. Chapter 8 
presents the report’s 10 key conclusions and identifies potential ways to strengthen the role of women in 
political decision making. 

27

2 

International and regional standards

2.1  Introduction

This  chapter  examines  the  international  (United  Nations)  and  European  regional  (Council  of  Europe, 
Organization  for  Security  and  Co-operation  in  Europe,  and  European  Union)  legal  framework  on  the 
participation  of  women  in  public  political  life.  It  focuses  on  the  standards  in  relation  to  participation 
of  women  in  elections  and  on  promotion  of  women  to  decision-making  positions  in  the  legislature, 
the  executive  and  public  enterprises.  The  chapter  looks  at  the  limitations,  shortcomings  and  possible 
inconsistencies of this framework with a view to enabling and supporting the promotion of women in 
political decision-making positions.

The chapter affirms that the standards for promotion of gender-balance in decision-making positions can 
be found in several international human rights instruments which impose legal obligations on all State 
Parties, including all EU and EEA countries. While reaching or abiding by these standards can be done via a 
number of law and policy options, as shown later in this report (Chapters 3-7), the standards themselves 
are not optional, but binding. No significant reservations or declarations have been made in respect of 
any of the provisions discussed in this Chapter.9The hard law obligations are quite general, which is not 
uncommon in international human rights law. In the absence of specific guidance, individual countries 
have  room  to  choose  the  most  appropriate  national  approaches  in  order  to  align  with  the  standards. 
However, this also leaves a lot of room for very loose interpretation as to what alignment with these 
standards means, and creates a need for significant further interpretation. This has been usually done 
through instruments which, starting from hard law provisions, put forward authoritative interpretations of 
the law (such as the general recommendations of the CEDAW Committee) or soft law (such as resolutions 
or recommendations in the Council of Europe). These instruments provide greater direction and clarity and 
offer a wealth of good practices that countries that are willing to take on the numerous challenges in the 
participation of women can follow. However, these instruments are not legally binding.

The international standards discussed in this chapter, as provided under hard law, are largely focused on 
the following:

 –
 –
 –
 –

 –

 –

passive voting rights: the right to stand as candidate in elections;
active voting rights: the right to vote at elections;
adoption of temporary special measures to ensure equal participation in decision-making positions;
gender-balanced descriptive representation of women, usually set to at least 40 % of women and 
of men;
participation of women and men in public policy processes at any level or scale on an equal footing; 
and
an obligation of the states to eliminate all laws, regulations and practices that prevent or restrict 
women’s participation in the political process in a discriminatory manner.

The  standards  in  place  at  present,  with  few  exceptions,10  pertain  largely  to  the  promotion  of  the 
participation of women and, despite the mainly symmetrical approach which generally addresses ‘the 
underrepresented sex or gender’, they are not aimed at improving the participation in public life of all 
genders as they do not include persons who do not self-identify with the two extreme poles of the gender 
binary,11 and do not deal specifically with the right to participation in public life for non-binary persons 

9 

10 

11 

A few restrictions on Article 7 CEDAW have been made, such as to affirming royal succession in some of the countries. But, 
these do not affect the issues in the main focus of this report.
Yogyakarta Principle 25 is a notable exception. According to it, states have the obligation to ‘[d]evelop and implement 
affirmative action programmes to promote public and political participation for persons marginalised on the basis of 
sexual orientation, gender identity, gender expression or sex characteristics.’
The situation in practice is very much similar. The world’s first ever trans MP was elected only in 2005 - Georgina Beyer in 
New Zealand. She was also elected as the world’s first trans mayor, ten years before this.

28

International and regional standards

outside of the general human rights framework.12 Having said that, the chapter does not only look at 
standards  that  focus  on  women  specifically,  but  extends  to  any  standards  on  participation  in  politics 
and public life that would reflect diversity among women. As a result, the chapter includes the existing 
standards for the participation of Roma, persons with disabilities, and (persons from) national minorities 
and indigenous groups, as these also apply to women from these groups. In this way, the chapter aims to 
look at the existing standards through an intersectional lens. This results in formulating two pillars of the 
principle of participation for women: a general pillar and a community pillar. The general pillar, which can 
also be conceptualised as an individual pillar, requires opportunities for participation of all women in all 
levels of government existing within a state – federal, national, regional and local. The community pillar 
refers to the participation of women from a specific group in their own communities and group systems, 
for example the participation of women in ethnic minority community affairs. Taken together, they should 
result in the participation of women in decision making on all decisions that pertain to them specifically.

The chapter first looks at the standards from the United Nations, followed by the standards from the 
Council of Europe, OSCE, and the European Union.

2.2  United Nations

According to the Universal Declaration of  Human Rights (1948) (UDHR), women  and  men  are  entitled 
to the rights and freedoms proclaimed in the UDHR without distinction of any kind (Article 2). One such 
right is the right to participate in public and political life, Article 21. Article 21 (1) applies to all people 
(‘everyone’) and provides the right to contribute to the government in one’s country directly or indirectly 
through chosen representatives (‘directly or through freely chosen representatives’). On representative 
participation, the UDHR provides that representatives should be chosen on periodic, free, genuine elections 
by ‘universal and equal suffrage’ (Article 21 (2) and (3)).13

The  UDHR  was  followed  by  the  Convention  on  the  Political  Rights  of  Women  (1953).  This  convention 
provided for the active right to vote (Article 1) and the passive right to vote (Article 2). It also provided for 
the right of women to hold public office and exercise all public functions.14 These rights were incorporated 
in the Convention on the Elimination of all forms of Discrimination Against Women (see below).

The International Covenant on Civil and Political Rights (ICCPR) (1966) recognises the principle of equality 
and non-discrimination in relation to all rights recognised in the Covenant without any distinction as to sex 
and other non-discrimination grounds, ending in an open-ended provision – ‘or other status’ (Article 2).15 
Article 3 provides that the rights in the ICCPR will be enjoyed equally by women and men. This includes 
the right to participation in public and political life established in Article 25. In particular, it sets out the 
right  and  opportunity  for  ‘every  citizen’,  without  unreasonable  restrictions,  to  vote,  stand  in  elections, 
participate in public affairs, and to have access to public service:

‘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.’ (Article 25, ICCPR).16

12 

A detailed overview of the general framework is provided in: https://www.equalitylaw.eu/document?task=document.
viewdoc&id=4739.

13  United Nations, Universal Declaration of Human Rights (1948).
14  United Nations, Convention on the Political Rights of Women (1953).
15 

The same provision is included in the International Covenant on Economic, Social and Cultural Rights. Due to the focus of 
this report, this Covenant is not included in this chapter. Source: International Covenant on Economic, Social and Cultural 
Rights.

16  United Nations, International Covenant on Civil and Political Rights (1966).

29

General Comment No. 25 adopted by the Human Rights Committee focuses specifically on this article. 
This comment makes it explicit that active  and  passive  voting rights, the right  to  participate  in  public 
affairs, and to have access to public service should be enjoyed without any discrimination including on 
the grounds of sex (paragraph 3) and that any limitations to these rights must be based on ‘objective and 
reasonable criteria’ (paragraph 4).17 It does not, however, elaborate any particular obligations pursuant to 
Article 25 in the context of women.

The UDHR and the ICCPR raised the issue of equal opportunities of women and men in decision-making 
positions  to  the  level  of  a  legal  obligation.  However,  they  did  not  establish  an  obligation  to  achieve 
equal results, nor an obligation to promote equal representation of women and men in decision-making 
positions. This was rectified during the UN decade of women’s rights – 1975-1985, when the Convention 
on the Elimination of all forms of Discrimination Against Women (CEDAW) was adopted in 1979.

CEDAW includes several important provisions. The preamble establishes discrimination against women 
as an obstacle to their participation in, among other things, political life on an equal footing with men, 
and  ties  the  ‘maximum  participation  of  women  on  equal  terms  with  men  in  all  fields’  to  ‘the  cause 
of  peace’.18  Article  7  establishes  the  right  to  participation  in  public  and  political  life  by  obliging  State 
Parties  first,  to  undertake  ‘all  appropriate  measures  to  eliminate  discrimination  against  women  in  the 
political and public life of the country’ and, secondly, to ‘ensure to women, on equal terms with men’ the 
rights to active and passive voting right,19 right to participate in public affairs,20 to hold public office and 
perform public functions,21 and to participate in relevant civil society.22 The use of ‘in particular’ in the 
chapeau suggests that the task applies to all aspects of public and political life, not just those listed in 
paragraphs (a) to (c).23 Article 8 establishes an obligation for the State Parties, without discrimination 
and  on  equal  terms  with  men,  to  undertake  ‘all  appropriate  measures’  that  will  ensure  that  women 
have  the  opportunity  to  ‘represent  their  Governments  at  the  international  level  and  to  participate  in 
the work of international organizations’ (Article 8, CEDAW). According to CEDAW, discrimination is ‘any 
distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing 
or  nullifying  the  recognition,  enjoyment  or  exercise  by  women,  irrespective  of  their  marital  status,  on 
a  basis  of  equality  of  men  and  women,  of  human  rights  and  fundamental  freedoms  in  the  political, 
economic, social, cultural, civil or any other field.’ (Article 1, CEDAW). Article 14, paragraph 2(f) establishes 
the right to participation of rural women, according to which rural women have the right ‘[t]o participate 
in all community activities’.

CEDAW clearly established an obligation both to promote equal representation of women and men and 
to achieve equality of results. Article 7 is considered to be justiciable, in particular in terms of ensuring 
the realisation of the right without discrimination.24 The full breadth of the obligations is well elaborated 
in  several  of  the  general  recommendations  of  the  CEDAW  Committee,  and  particularly  in  the  CEDAW 
Committee’s General Recommendation No. 23 (1997) on women in political and public life and General 

17  General Comment No. 25 adopted by the Human Rights Committee.
18  United Nations, Convention on the Elimination of all forms of Discrimination Against Women (1979).
19 

‘[T]o vote in all elections and public referenda and to be eligible for election to all publicly elected bodies’ (United Nations, 
Convention on the Elimination of all forms of Discrimination Against Women (1979), Article 7).
‘[T]o participate in the formulation of government policy and the implementation thereof’ (United Nations, Convention on 
the Elimination of all forms of Discrimination Against Women (1979), Article 7).
‘[T]o hold public office and perform all public functions at all levels of government’ (United Nations, Convention on the 
Elimination of all forms of Discrimination Against Women (1979), Article 7).
‘[T]o participate in non-governmental organizations and associations concerned with the public and political life of the 
country’ (United Nations, Convention on the Elimination of all forms of Discrimination Against Women (1979), Article 7).

20 

21 

22 

23  Wittkopp, S. (2012), ‘Article 7’, in Freeman M. et al (eds.), The UN Convention on the Elimination of All Forms of Discrimination 

Against Women: A Commentary, Oxford University Press, p. 201.

24  Wittkopp, S. (2012), ‘Article 7’, in Freeman M. et al (eds.), The UN Convention on the Elimination of All Forms of Discrimination 

Against Women: A Commentary, Oxford University Press, p. 218.

30

PROMOTION OF GENDER BALANCE IN POLITICAL DECISION-MAKINGInternational and regional standards

Recommendation No. 25 (2004) on temporary special measures.25 A number of other recommendations 
specify these standards in relation to specific issues26 or specific groups.27

The Committee’s General Recommendation No. 23 (1997) on women in political and public life (GR23) 
requires  that  women  and  men  hold,  on  an  equal  basis,  active  and  passive  voting  rights,  the  right  to 
participate in public policy formulation and implementation at all levels of government, and to participate 
in  civil  society  organisations  concerned  with  public  and  political  life.28  The  removal  of  de  jure  barriers 
is  only  the  first  step,  and  at  the  time  of  drafting  GR23,  it  was  identified  as  still  very  much  needed 
because the ‘law excludes women from exercising royal powers, from serving as judges in religious or 
traditional tribunals vested with jurisdiction on behalf of the State’ (paragraph 31), and that although 
women’s  descriptive  representation  is  ‘increasing  at  the  lower  levels  and  in  posts  usually  associated 
with  the  home  or  the  family,  they  [n.  women]  form  only  a  tiny  minority  in  decision-making  positions 
concerned with economic policy or development, political affairs, defence, peacemaking missions, conflict 
resolution  or  constitutional  interpretation  and  determination’  (paragraph  30).  GR23  highlights  that  
‘[w]hile removal of de jure barriers is necessary, it is not sufficient’ and that State Parties have an ‘obligation 
to ensure that temporary special measures are clearly designed to support the principle of equality and 
therefore comply with constitutional principles which guarantee equality to all citizens’ (paragraph 15). 
State Parties should not include any criteria for voting which may disproportionately affect women, such 
as level of education (paragraph 23). State Parties have an obligation to identify the barriers for women’s 
participation in the formulation of government policy and to remove them (paragraph 27). Governments 
have  the  responsibility  to  nominate  women  for  senior  cabinet  and  administrative  positions  and  as 
members of government advisory bodies, to lead initiatives, undertake action, and lead and guide public 
opinion and change attitudes that will result in equal participation of women with men in all levels of 
government  (paragraphs  28  and  29).  GR23  cites  several  factors  that  may  serve  as  obstacles  to  the 
overall aim, referring both to a lack of capacities among women (such as lack of formal education and 
skills, lack of knowledge of political processes and opportunities) and, more importantly, a lack of capacity 
in the society (such as discriminatory laws, limited provision of information, and stereotyping).

General Recommendations 23 provides several clarifications on the obligations arising from Article 7. In 
relation to voting (Article 7 (1-a)), State Parties have the obligation to: identify, implement and monitor 
measures that will achieve a balance between women and men holding publicly elected positions; ensure 
that women understand their right to vote, the importance of this right and how to exercise it; ensure 
that barriers to equality are overcome, including those resulting from illiteracy, language, poverty and 
impediments to women’s freedom of movement; and to assist women experiencing such disadvantages 
to  exercise  their  right  to  vote  and  to  be  elected  (paragraph  45).  In  relation  to  the  formulation  and 
implementation  of  government  policy  and  to  holding  public  office  and  performing  all  public  functions 
at all levels of government (Article 7 (1-b)), State Parties have the obligation to identify, implement and 
monitor measures that will ensure equality of representation of women in the formulation of government 
policy, women’s enjoyment in practice of the equal right to hold public office, and the use of recruiting 
processes directed at women that are open and subject to appeal (paragraph 46).

General Recommendation No. 25 (2004) on temporary special measures (GR25)29 makes clear that the 
obligation  regarding  temporary  measures  (Article  4  (1))  includes  measures  that  State  Parties  should 
undertake  in  order  ‘to  accelerate  the  equal  participation  of  women  in  the  political,  economic,  social, 
cultural, civil or any other field’ (paragraph 18). GR25 states that the term ‘measures’ includes a ‘wide 

25 

26 

27 

28 
29 

Also, in: Analysis of articles 7 and 8 of the Convention: Convention on the Elimination of All Forms of Discrimination against 
Women, UN Doc CEDAW/C/1994/4 (30 November 1993).
For example, participation in decision-making in relation to gender-based violence (General Recommendation No. 35), 
participation in management structures in relation to education (General Recommendation No.36), disaster risk reduction 
in the context of climate change (General Recommendation No. 37).
For example, rural women (General Recommendation No. 34 and indigenous women and girls (Draft General 
Recommendation No. 39).
CEDAW Committee, General Recommendation No. 23 Political and public life.
CEDAW Committee, General Recommendation No. 25 (2004) on temporary special measures.

31

variety of legislative, executive, administrative and other regulatory instruments, policies and practices, 
such  as  outreach  or  support  programmes;  allocation  and/or  reallocation  of  resources;  preferential 
treatment;  targeted  recruitment,  hiring  and  promotion;  numerical  goals  connected  with  time  frames; 
and quota systems.’ (paragraph 22, emphasis added). The inclusion of ‘such as’ makes it clear that the 
cited  measures  are  merely  examples,  and  not  a  prescriptive  and  closed  list.  The  temporary  nature  of 
these measures is emphasised, alongside a clarification that some of them might be in place for a longer 
period of time (paragraph 20). The duration is to be established depending on the result, which is to be 
obtained, and the decision to discontinue them should be based on having achieved results that have been 
sustained for a period of time (paragraph 20), rather than on having reached the end of a ‘predetermined 
passage of time’ (paragraph 20). This means that there are two conditions for discontinuing a measure 
– having achieved the required result and for the result to have been sustained for a period of time. Yet,
when it comes to quotas, the CEDAW Committee has oscillated between listing them in temporary special
measures or separately, suggesting that they should be permanent in nature.30

Although  CEDAW’s  14  2(f)  suggests  that  there  is  only  one  participation  pillar  for  rural  women  
(‘[t]o  participate  in  all  community  activities’),  General  Recommendation  No.  34  on  the  rights  of  rural 
women  (GR34)  makes  it  clear  that  there  are  two  pillars  –  participation  in  their  own  communities  and 
in decision making at all levels.31 At the time of drafting, GR34 identified inadequate representation on 
all levels, and possible obstacles located in both the capacity of women (‘lack of education, language 
and literacy constraints’ and ‘limited knowledge of relevant legal, political and institutional procedures’) 
and,  more  importantly,  of  the  society  (‘limited  mobility  and  transport,  conflict  and  security  concerns, 
discriminatory  gender  norms  and  stereotypes,  the  task  of  fetching  water  and  other  responsibilities’) 
(paragraph  53,  GR34).  This  recommendation  also  underlines  that,  in  order  to  ‘ensure  the  active,  free, 
effective,  meaningful  and  informed  participation  of  rural  women  in  political  and  public  life,  and  at  all 
levels  of  decision  making,  State  parties  should  implement  general  recommendations  Nos.  23  and  25’ 
(paragraph 54, GR34).

General Recommendation No. 39 on the rights of indigenous women and girls (GR39)32 underlines well the 
two pillars of participation in public and political life for indigenous women and girls – participation in their 
own communities and indigenous systems and participation at local, national, and international levels. In 
this general recommendation, the CEDAW Committee reiterates GR23 and GR25 and places them in the 
context of indigenous women and girls. GR39 also more clearly spells out the obligation to recognise and 
address intersectional discrimination and its compounded negative impact (paragraph 23 (а)),33 and to 
‘take steps to fully respect the right to free, prior, and informed consent, and the effective participation of 
indigenous women and girls in decision-making on matters affecting them’ (paragraph 23 (h)). The State 
Parties  also  have  an  obligation  to  promote  meaningful,  real  and  informed  participation  of  indigenous 
women, including through temporary special measures (paragraph 46 (a)), accountability mechanisms 
that  can  prevent  political  parties  from  discriminating  against  indigenous  women  (paragraph  46  (b)), 
and  measures  for  the  promotion  of  the  participation  of  indigenous  women,  such  as  campaigns,  work 
with  political  parties,  etc.  (paragraph  46  (e)).  The  GR39  also  requires  that  State  Parties  act  ‘with  due 
diligence  to  prevent,  investigate,  and  punish  all  forms  of  political  violence  against  indigenous  women 
politicians, candidates, human rights defenders, and activists, at the national, local, and community levels’ 
(paragraph 46 (d)).

The UN Convention on the Rights of Persons with Disabilities (CRPD) has full and effective participation 
and inclusion in society, accessibility, and equality between men and women as general principles of the 
convention  (Article  3  (3),  (6)  and  (7)).  Article  4(3)  provides  that  the  decision-making  that  implements 

30  Wittkopp, S. (2012), ‘Article 7’, in Freeman M. et al (eds.) The UN Convention on the Elimination of All Forms of Discrimination 

31 
32 
33 

Against Women: A Commentary, Oxford University Press, p. 215.
CEDAW Committee, General Recommendation No. 34 on the rights of rural women.
CEDAW Committee, General Recommendation No. 39 (2022) on rights of indigenous women and girls.
Also recognised in the: OHCHR ‘Guidelines for States on the effective implementation of the right to participate in public 
affairs’, pp. 7-8.

32

PROMOTION OF GENDER BALANCE IN POLITICAL DECISION-MAKINGInternational and regional standards

the CRPD shall be conducted by close consultation and active involvement of ‘persons with disabilities, 
including  children  with  disabilities,  through  their  representative  organizations’.  Article  5  provides  an 
obligation for State Parties to take appropriate steps towards reasonable accommodation (Article 5(3)). 
The CRPD very clearly recognises the particular position of women with disabilities and the fact that they 
are subject to multiple discrimination, and obliges the State Parties to take measures that will ensure 
the  full  and  equal  enjoyment  by  them  of  all  human  rights  and  fundamental  freedoms  (Article  6  (1)) 
including through all appropriate measures (Article 6 (2)).34 The most relevant article in the CRPD in this 
respect is Article 29, which establishes the obligation for the State Parties to ‘guarantee to persons with 
disabilities political rights and the opportunity to enjoy them on an equal basis with others’ and to ensure 
participation  ‘directly  or  through  freely  chosen  representatives’  (Article  29  (a)).  Article  29  effectively 
places a duty regarding the ‘opportunity to enjoy’, which is a duty ‘on State Parties to guarantee, through 
the  adoption  of  positive  measures,  that  all  eligible  persons  have  the  actual  opportunity  to  exercise 
their political rights.’35 The State Parties should enable active and passive voting rights for persons with 
disabilities including by making the election process, as a whole, appropriate, accessible and easy to use 
and understand, including by creating conditions for casting a secret ballot and if requested, appropriate 
and freely selected, by providing assistance in voting, and the exercise of their passive voting rights free 
from intimidation (i, ii in Article 29 (1-a)). Once a person is elected to office, conditions should be put in 
place  for  them  to  ‘effectively  hold  office  and  perform  all  public  functions  at  all  levels  of  government, 
facilitating the use of assistive and new technologies where appropriate’ (Article 29 (a)(ii)).

Other commitments have also been made, such as the Nairobi 1985 Conference and the Nairobi Forward-
looking Strategies for the Advancement of Women to the year 2000, and the Beijing Declaration and 
Platform  for  Action  (1995)  (BDPA).  The  BDPA  is  particularly  pertinent  today.  BDPA  included  women  in 
power and decision making as one of its 12 critical areas of concern. It stated a determination to remove 
‘all the obstacles to women’s active participation in all spheres of public and private life through a full 
and  equal  share  in  economic,  social,  cultural  and  political  decision-making’  (paragraph  1).  It  declared 
that ‘women’s empowerment and their full participation on the basis of equality in all spheres of society, 
including  participation  in  the  decision-making  process  and  access  to  power,  are  fundamental  for  the 
achievement  of  equality,  development  and  peace’  (paragraph  13).  It  required  ‘adequate  mobilization 
of  resources  at  the  national  and  international  levels  as  well  as  new  and  additional  resources  to  the 
developing countries from all available funding mechanisms, including multilateral, bilateral and private 
sources  for  the  …  commitment  to  equal  rights,  equal  responsibilities  and  equal  opportunities  and  to 
the equal participation of women and men in all national, regional and international bodies and policy-
making processes’ (paragraph 5). It set a ‘commitment to equal rights, equal responsibilities and equal 
opportunities and to the equal participation of women and men in all national, regional and international 
bodies and policy-making processes’ (paragraph 36).

The General Assembly resolutions 58/142 (2003) and 66/130 (2011) on women and political participation 
confirm these commitments and further propose possible actions for the promotion of gender balance in 
decision making in political life. The report by the Working Group on Discrimination against Women and 
Girls, ‘Thematic analysis: eliminating discrimination against women in political and public life with a focus 
on political transition’36 focused on participation in political transition, but draws on important lessons from 
all UN Member States, and underlines the importance of quotas and other temporary special measures, 
proportional electoral systems, the dismantling of gender stereotypes and discriminatory practices, and 
work of and with political parties on boosting the participation of women, recalling the important impact 
of  the  Beijing  Declaration  and  Platform  for  Action.  The  agreed  conclusions  of  the  UN  Commission  on 
the Status of Women’s 65th session on ‘Women’s full and effective participation and decision-making in 

34 

A detailed historical overview of the development of the UN standards regarding the human rights of women with 
disabilities can be found in: Mykitiuk, R. and Chadha, E. (2018), ‘Article 6 – Women with Disabilities’ in Bantekas, I. et al (eds.), 
The UN Convention on the Rights of Persons with Disabilities – A Commentary, Oxford University Press, pp. 172-177.

35  Du Plessis, I.G. and Njau, J. (2018), ‘Article 29: Participation in Political and Public Life 834’ in Bantekas, I. et al (eds.), The UN 

Convention on the Rights of Persons with Disabilities – A Commentary, Oxford University Press, p. 843.
Then ‘Working Group on the issue of discrimination against women in law and in practice’.

36 

33

public life, as well as the elimination of violence, for achieving gender equality and the empowerment of 
all women and girls’37 shone further light the importance of the issue of elimination of violence for the 
promotion of participation of women including in decision-making positions in public life.

UN  Security  Council  resolution  1325  (2000)  on  women,  peace  and  security  devotes  its  chapter  3  to 
political participation. The resolution emphasises the importance of the equal participation of women and 
men in conflict prevention and resolution, and in peace building, and the contribution towards international 
peace and security that can come from women and girls’ full participation in peace processes.38

2.3  Council of Europe

The development of the state obligations under the auspices of the Council of Europe started with the 
Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR). The ECHR provides 
for protection against discrimination, including on the grounds of sex (Article 14), and an obligation of 
the State Parties to ‘hold free elections at reasonable intervals by secret ballot, under conditions which 
will ensure the free expression of the opinion of the people in the choice of the legislature’ (Article 3, 
Protocol 1, ECHR). Article 14 provides for protection against discrimination in relation to the enjoyment 
of the rights that fall within the ambit of the ECHR on an open-ended list of protected grounds, which 
includes sex.

Protocol 12 expands the protection from discrimination to the ‘enjoyment of any right set forth by law’ 
(Article 1, Protocol 12, ECHR). Protocol 12 is a useful instrument against the limitations of the ambit of 
the Convention itself. However, Protocol 12 is in force in only 10 EU countries (Croatia, Cyprus, Finland, 
Luxembourg, Malta, the Netherlands, Portugal, Romania, Slovenia, Spain, and has been signed, but not yet 
ratified in 11 EU Member States (Austria, Belgium, Czechia, Estonia, Germany, Greece, Hungary, Ireland, 
Italy, Latvia, Slovakia), and in three EEA countries (Iceland, Liechtenstein, Norway). Protocol 12 has neither 
been signed nor ratified in six EU Member States (Bulgaria, Denmark, France, Lithuania, Poland, Sweden) 
and in one EEA country (United Kingdom).

The case law on this issue in the ECHR is not very developed. The 2012 admissibility decision in Staatkundig 
Gereformeerde Partij v. the Netherlands stands out. It pertained to the refusal of a political party – the 
Reformed  Protestant  Party  (Staatkundig  Gereformeerde  Partij  –  SGP)  –  to  allow  women  to  stand  for 
election. After the Dutch Supreme Court found that the state had an obligation to undertake action that 
would make the SGP allow women to exercise a passive voting right as candidates of the party, and that 
freedom of religion cannot be used as a justification for discrimination, the SGP raised a case in front of 
the European Court of Human Rights (ECtHR). However, the ECtHR declared the case as inadmissible in 
2012. In the admissibility decision, the ECtHR noted that gender equality is a key objective of the Council 
of  Europe,  which  means  that  only  very  weighty  reasons  can  justify  a  difference  in  treatment  on  the 
grounds of sex. Regardless of being based on ‘deeply-held religious conviction’, the ECtHR found that ‘the 
advancement of the equality of the sexes in the member States of the Council of Europe prevents the 
State from lending its support to views of the man’s role as primordial and the woman’s as secondary’.39 
The SGP has since made it formally possible for women to stand as candidates. There have been three 
women candidates from the SGP so far (on the case in front of the national courts, see section 3.8 of 
this report).

There have been several important milestones in the development of the understanding of the issue of 
gender-balanced representation in decision making in political life and in setting the level of its importance 
within  the  Council  of  Europe,  including:  the  1989  Strasbourg  seminar  on  the  democratic  principle  of 

37 

2021 (E/CN.6/2021/L.3) https://documents-dds-ny.un.org/doc/UNDOC/GEN/N21/079/07/PDF/N2107907.pdf?OpenElement 
2021(E/CN.6/2021/L.3). 

38  UN Security Council resolution 1325 (2000)3.
39 

Staatkundig Gereformeerde Partij v the Netherlands App no 58369/10 (Third Section) (ECtHR, 10 July 2012).

34

PROMOTION OF GENDER BALANCE IN POLITICAL DECISION-MAKINGInternational and regional standards

representation; the first (Strasbourg, 1986), second (Vienna, 1989) and fourth (Istanbul, 1997) ministerial 
conferences  on  equality  between  women  and  men;  and  the  Istanbul  Declaration  on  equality  between 
women and men as a fundamental criterion of democracy. There have also been several recommendations 
and resolutions of direct or indirect relevance for the promotion of gender balance in decision making 
in  political  life,40  some  pertaining  to  specific  issues41  or  specific  groups,42  including  Recommendation 
Rec  (2003)  3  of  the  Committee  of  Ministers  of  the  Council  of  Europe  to  Member  States  on  balanced 
participation of women and men in political and public decision making.43 While all of these developments 
are important, Recommendation Rec (2003) 3 is the key standard.

Recommendation  Rec  (2003)  3  understands  balanced  participation  to  mean  that  the  ‘representation 
of  either  women  or  men  in  any  decision-making  body  in  political  or  public  life  should  not  fall  below 
40  %’.  The  40  %  figure  was  established  on  the  basis  of  the  European  Parliament  18  January  2001 
resolution, which is related to the European Commission’s Recommendation of 2 December 1996 on the 
balanced participation of women and men in the decision-making process (96/694/EC) (see section 2.5. 
European  Union).  For  this  reason,  it  is  primarily  focused  on  descriptive  representation,  rather  than  on 
substantive representation. The efforts of Recommendation Rec (2003) 3 are primarily geared towards 
building critical mass, which it considers to be crucial ‘in order to be able to exert a real influence on 
the decisions taken’.44 The recommendation asks Member States of the Council of Europe to focus their 
actions on several key interventions: promoting gender balance and publicly recognising the benefits for 
democracy of sharing decision-making power between women and men; upholding the civil and political 
rights of both women and men; ensuring voting rights; reviewing legislation and practice;45 promoting and 
encouraging special measures; setting targets in an established timeframe; informing all stakeholders of 
the recommendation; and monitoring and evaluating progress.

40 

41 

42 

43 
44 

45 

Recommendation 1413 (1999) on equal representation in political life; Recommendation 1008 (1985) on women in politics; 
Recommendation 741 (1974) on the legal position of women; Resolution 606 (1975) on the political rights and position of 
women; Recommendation 504 (1967) on the political, social and civic position of women in Europe; Resolution 356 (1967) 
on political, social and civic position of women in Europe; Recommendation No. R(96)5 on reconciling work and family 
life, or Recommendation No. R(98)14 on gender mainstreaming, and the older – Resolution on policy and strategies for 
achieving equality in political life and in the decision-making process 1st (Strasbourg, 4 March 1986) and the Resolution on 
policies to accelerate the achievement of real equality between women and men (Vienna, 4-5 July 1989).
For example, the CoE has also developed standards on particular issues of relevance, such as on gender equality standards 
and mechanisms (Recommendation CM/Rec (2007) 17 on Gender equality standards and mechanisms), participation 
of women in political parties (Parliamentary Assembly Resolution 1898 (2012), Political parties and women’s political 
representation) and at the local and regional level (Congress of Local and Regional Authorities Recommendation 390 
(2016)1 Women’s political participation and representation at local and regional levels and Congress of Local and Regional 
Authorities Resolution 404 (2016) on Women’s political participation and representation at local and regional levels) 
and on the elimination of sexist language as an important part of the standards towards gender equality. For example, 
Recommendation No. R (90) 4 of the Committee of Ministers to Member States on the Elimination of Sexism from 
Language (Adopted by the Committee of Ministers on 21 February 1990 at the 434th meeting of the Ministers’ Deputies) 
has been clear on the need for ‘encouraging the use, as far as possible, of non-sexist language to take account of the 
presence, status and role of women in society, as current linguistic practice does for men.’ A more recent recommendation 
is Recommendation CM/Rec(2019)11 (adopted by the Committee of Ministers on 27 March 2019 at the 1342nd meeting of 
the Ministers’ Deputies).
For example, on Roma women, the 2010 Strasbourg Declaration includes empowerment of Roma in general and on Roma 
women in specific for full participation in their communities and in society, for Roma women including through effective 
measures to achieve this. Source: CM(2010)133-final Strasbourg Declaration on Roma adopted at the Council of Europe High 
Level Meeting on Roma, Strasbourg, 20 October 2010. Two subsequent action plans on Roma (2016-2019, and 2020-2025) 
also included activities on the participation of Roma people, including through the successful joint programmes of the EU 
and the Council of Europe ROMED, ROMACT and ROMACTED. Or regarding persons with disabilities and women and girls 
with disabilities: Recommendation CM/Rec(2012)6 of the Committee of Ministers to member States on the protection and 
promotion of the rights of women and girls with disabilities and its predecessor – the Recommendation CM/Rec(2011)14 of 
the Committee of Ministers to member states on the participation of persons with disabilities in political and public life.
Council of Europe, Recommendation Rec (2003) 3, https://rm.coe.int/1680519084.
Explanatory memorandum of the Recommendation Rec(2003)3 of the Committee of Ministers of the Council of Europe to 
member states on balanced participation of women and men in political and public decision-making, p. 16.
According to the explanatory memorandum, this includes legislation on the electoral system, employment, civil service, 
labour-related rights, elected representatives, and gender equality, and practices on working methods in political 
parties, vacant post advertising, and procedures for nomination and promotion. Source: Explanatory memorandum of 
the Recommendation Rec(2003)3 of the Committee of Ministers of the Council of Europe to member states on balanced 
participation of women and men in political and public decision-making, p. 19.

35

Recommendation  Rec  (2003)  3  then  provides  a  list  of  practical  measures  in  the  appendix,  which  the 
Committee of Ministers ‘invites’ the Governments of Member States to consider. The proposed legislative 
and administrative measures are: (1) to consider the constitutional and legislative changes necessary to 
carry out positive action measures and facilitate a balanced representation in political and public decision 
making,  (2)  to  reflect  equal  power  distribution  in  official  language,  (3)  to  introduce  electoral  reforms 
including introducing parity thresholds and to consider the use of zipper systems, (4) to use public funding 
of political parties to encourage the promotion of gender equality, (5) to reform electoral systems that 
produce negative gender balance outcomes, (6) to deal with simultaneous holding of electoral offices, (7) to 
improve working conditions for elected representatives, (8) to introduce measures for the reconciliation of 
work and private life, (9) to observe gender balance in Government appointments to public committees, 
(10) to observe gender balance in posts or functions where holders are nominated by the Government or 
other public authorities, (11) to ensure that selection, recruitment and appointment processes are gender 
sensitive and transparent, (12) to make the public administration serve as an example of gender balance, 
(13) to ensure that national delegations to international organisations and forums are gender balanced, 
(14) to ensure that international mediation and negotiating committees, particularly those dealing with 
conflict, are gender balanced, (15) to enable persons engaged in political and public decision making to 
take time off from their employment without being penalised, (16) to support and strengthen the national 
equality machinery for making a change in gender balance in public and political life, and (17) to set up 
parliamentary  committees  or  delegations  on  women’s  rights  and  equal  opportunities  and  implement 
gender mainstreaming in their work.

The  support  measures  proposed  in  Recommendation  Rec  (2003)  3  suggest  that  the  Member  States: 
(1) operate programmes, measures and so on in support of women’s organisations and other organisations 
working on gender equality; (2) set up of a data bank of women willing to serve in political and public 
decision-making positions; (3) provide networking opportunities for women at local, regional, national and 
international level; (4) support mentoring and work shadowing programmes, and other confidence and 
capacity-building activities for women with an interest in political and public decision-making positions; 
(5) training in information and communication technology for women who are elected representatives; 
(6) develop school curricula so as to better prepare young people for democratic citizenship; (7) promote 
young women in youth organisations and organisations of young people in politics; (8) encourage the 
participation of women from minority groups; (9) inform political parties of possible strategies used in 
other countries to boost the balanced participation of women and men in decision-making positions, and 
encourage them to use and to promote these strategies; (10) support social partners to establish support 
programmes for promoting balanced participation of women and men; (11) encourage enterprises and 
associations  to  ensure  balanced  representation  in  their  decision  making,  especially  those  that  receive 
public  subsidies;  (12)  promote  various  awareness-raising  campaigns,  including  on  the  importance  of 
gender  balance  in  political  and  public  decision  making  and  of  the  sharing  of  responsibilities  between 
women and men in the private sphere, and by targeting specific groups; (13) organise interactive seminars 
to make key people in society aware of the importance of the balanced participation of women and men 
in all levels of decision making; (14) support non-governmental organisations and research institutes that 
work on the issue; (15) support and undertake research on the distribution of votes and on obstacles to 
balanced  representation,  and  gender-sensitive  research  on  various  aspects  of  elected  representation; 
(16)  promote  balanced  participation  in  decision  making  in  the  media,  support  training  and  awareness 
raising  among  journalism  students  and  media  professionals,  and  encourage  media  professionals  to 
provide visibility to both women and men candidates and elected representatives.

Finally, Recommendation Rec (2003) 3 also proposes monitoring measures, which encourage Member 
States  to:  (1)  establish  independent  monitoring  bodies,  such  as  a  parity  observatory,  or  entrust  the 
national equality machinery with a sufficient mandate for this task; (2) set up and apply indicators for 
monitoring and evaluation; (3) report to the national Parliaments on the measures taken and progress 
made; (4) publish accessible statistics on candidates for political office and on elected representatives 
containing information on their numbers, with disaggregated data including by sex; and (5) encourage 
regular analysis of the visibility and portrayal of women and men, especially during election campaigns.

36

PROMOTION OF GENDER BALANCE IN POLITICAL DECISION-MAKINGInternational and regional standards

The reports on the implementation of this recommendation suggest that there has been some progress, 
although it is uneven and non-linear, and provide valuable insight into what has worked and what has not. 
The 2016 report confirmed that, when it comes to electoral models, proportional systems work better for 
gender balance, and an open ballot makes little difference.46 The report is clear that quotas work and are 
effective if they are ‘well designed and strong enough’ whereby strength is understood to mean ‘the quota 
percentage, whether they include a stipulation on rank order of women and men, and whether or not they 
include sanctions, as well as the type of sanction’.47 Party quotas can also work only if they are strong 
enough and if they are supported by additional measures, but elements such as public funding or equality 
inside  the  political  parties,  while  important  as  signs  of  political  commitment,  do  not  necessarily  lead 
towards better results if such approaches are, the report finds, ‘empty vessels’.48 The report also shows 
that  although  training  women  does  not  lead  to  better  outcomes,  training  and  awareness  campaigns 
targeted at party leadership can be effective, in particular if they address the issue of gender biases in 
recruitment  and  selection.49  Regarding  legislative  power,  the  Council  of  Europe  third  monitoring  round 
found that only 4 % of the lower houses reached the target of 40 % representation, none of the upper 
houses, and there is an average representation below 40 %.50 Only 17 % of the parliamentary committees 
were chaired by women. There is no conclusive evidence that women would more easily reach positions 
in the lower houses or in newer institutions, but it is clear that the more centralised or top-down the road 
into politics, the higher the representation of women.51 The report is clear on the non-linear nature of the 
developments and that there have been both setbacks and regression in some of the countries.

In  relation  to  the  executive  branch  of  government,  the  report  found  high  resistance  to  change.  Only 
11 % of the countries met the 40 % target and, overall, women head states or executives in only 20 % 
of  the  countries,  hold  on  average  22  %  of  the  ministerial  positions  (with  the  number  of  ministerial 
seats throughout the Council of Europe countries growing) and only 13.4 % of the mayoral positions. 
According to the report, this shows that strategies for boosting women’s participation work better when 
they are in the hands of few, which is usually at the national level, rather than many, which is usually 
at the local level.52 On the basis of these findings, the report suggests that it is time for a new general 
recommendation, as well as making a number of specific recommendations. It is suggested that gender 
quota laws should be made more strict by increasing the quota percentage, imposing rank order rules, 
and introducing or strengthening sanctions.53 Countries with majoritarian electoral models should opt for 
proportional representation. Public funding of political parties should be used more strategically, rather 
than symbolically, to boost gender balance. Training should be organised for the leadership of political 

46 

47 

48 

49 

50 

51 

52 

53 

Council of Europe, Third round of monitoring on the implementation of CM Recommendation Rec(2003)3 on balanced 
participation of women and men in political and public decision-making Analytical report - 2016 data (Council of Europe, 
2016), pp. 104-105.
Council of Europe, Third round of monitoring on the implementation of CM Recommendation Rec(2003)3 on balanced 
participation of women and men in political and public decision-making Analytical report - 2016 data (Council of Europe, 
2016), p. 106.
Council of Europe, Third round of monitoring on the implementation of CM Recommendation Rec(2003)3 on balanced 
participation of women and men in political and public decision-making Analytical report - 2016 data (Council of Europe, 
2016), p. 112.
Council of Europe, Third round of monitoring on the implementation of CM Recommendation Rec(2003)3 on balanced 
participation of women and men in political and public decision-making Analytical report - 2016 data (Council of Europe, 
2016), p. 106.
Council of Europe, Third round of monitoring on the implementation of CM Recommendation Rec(2003)3 on balanced 
participation of women and men in political and public decision-making Analytical report - 2016 data (Council of Europe, 
2016), p. 101.
Council of Europe, Third round of monitoring on the implementation of CM Recommendation Rec(2003)3 on balanced 
participation of women and men in political and public decision-making Analytical report - 2016 data (Council of Europe, 
2016), pp. 101-102.
Council of Europe, Third round of monitoring on the implementation of CM Recommendation Rec(2003)3 on balanced 
participation of women and men in political and public decision-making Analytical report - 2016 data (Council of Europe, 
2016), p. 103.
Council of Europe, Third round of monitoring on the implementation of CM Recommendation Rec(2003)3 on balanced 
participation of women and men in political and public decision-making Analytical report - 2016 data (Council of Europe, 
2016), p. 112.

37

parties and should focus directly on gender biases and stereotypes in recruitment and selection.54 The 
report also emphasises that gender balance in political and public life cannot be reached without gender 
equality  in  all  areas  of  life.55  Overall,  the  findings  dispel  some  commonly  argued  positions  and  make 
useful recommendations.

2.4  Organization for Security and Co-operation in Europe

The Organization for Security and Co-operation in Europe (OSCE) has increasingly engaged with the issue 
of gender equality, through the specific lens of the security and cooperation mandate of this international 
organisation. The OSCE Office for Democratic Institutions and Human Rights (ODIHR) – the branch of OSCE 
dealing with the human dimension of security – has conducted a number of capacity building activities 
and publishes useful resources on gender balance in general and on participation in decision making in 
particular.56 This section will reflect on four key OSCE documents57 that propose important standards of 
relevance for this report.

First, Ministerial Council Decision No. 14/04, ‘OSCE Action Plan for the Promotion of Gender Equality’ has 
two priorities of direct relevance for this report. Under the first priority ‘Ensuring equal opportunity for 
participation of women in political and public life’ the ODIHR58 will provide assistance to the participating 
States  in  promoting  women’s  political  participation,  developing  effective  measures  and,  through  the 
exchange  of  good  practice,  capacity  building  on  gender  issues,  including  through  its  observation  of 
elections.  The  High  Commissioner  on  National  Minorities  (HCNM)  will  support  the  participating  States 
regarding the participation of women from national minorities in public life and countering the ‘double 
discrimination’  that  women  belonging  to  national  minorities  face.  The  second  priority,  ‘Encouraging 
women’s participation in conflict prevention, crisis management and post-conflict reconstruction’, includes 
the promotion of UN Security Council Resolution 1325 (2000) and support for women’s participation in 
the promotion of peace and security.

Secondly, the 2003 Action Plan on Improving the Situation of Roma and Sinti in the OSCE area emphasises 
the need for measures to support the participation of Roma and Sinti women. This action plan states that 
the situation of Roma and Sinti women should inform ‘the design and implementation of all policies and 
programmes’ and that Roma and Sinti women ‘should be able to participate on an equal basis with men. 
Roma women’s issues should be systematically mainstreamed in all relevant policies designed for the 
population as a whole.’59 The 2003 action plan asks for measures that will guarantee equal voting rights 
for Roma women including by prohibiting ‘family voting’.60 Finally, Roma women’s participation in public 
and political life should be promoted: ‘Roma women should be able to participate on an equal basis with 
men in consultative and other mechanisms designed to increase access to all areas of public and political 
life.’61 According to the 2003 action plan, the ODIHR should undertake specific activities for ‘increasing 
access by Roma women to all areas of public and political life.’62

Thirdly, Ministerial Council Decision No. 7/09, ‘Women’s Participation in Political and Public Life’ calls on 
the  participating  States  to:  consider  possible  legislative  measures  and  to  introduce  special  measures 
for  achieving  gender  balance  in  all  branches  of  power,  especially  in  decision-making  positions;  work 

54 

55 

56 
57 

58 

59 
60 
61 
62 

Council of Europe, Third round of monitoring on the implementation of CM Recommendation Rec(2003)3 on balanced participation of 
women and men in political and public decision-making Analytical report - 2016 data (Council of Europe, 2016), p. 112.
Council of Europe, Third round of monitoring on the implementation of CM Recommendation Rec(2003)3 on balanced participation of 
women and men in political and public decision-making Analytical report - 2016 data (Council of Europe, 2016), p. 113.
These resources can be accessed at: https://www.osce.org/odihr/gender-equality.
The Ministerial Council Decisions Nos. 14/05 on women in conflict prevention (Ljubljana) are relevant for the participation 
of women in conflict prevention.
There is also the task for the OSCE Representative on Freedom of the Media to alert towards incitement of gender 
discrimination and intolerance towards women in the media in the OSCE participating States.
2003 Action Plan on Improving the Situation of Roma and Sinti in the OSCE area, para. 3.
2003 Action Plan on Improving the Situation of Roma and Sinti in the OSCE area, para. 94.
2003 Action Plan on Improving the Situation of Roma and Sinti in the OSCE area, para. 98.
2003 Action Plan on Improving the Situation of Roma and Sinti in the OSCE area, para. 106.

38

PROMOTION OF GENDER BALANCE IN POLITICAL DECISION-MAKINGInternational and regional standards

towards equal participation of women and men in political parties by encouraging all political actors to 
promote this aim, especially for decision-making positions for elected public officials; put in place open 
and participatory decision-making processes for developing legislation, programmes and policies; develop 
effective national mechanisms for measuring women’s equal participation and representation; support 
research and awareness raising on specific challenges in women’s participation in political and public life; 
and encourage shared care giving and work-life balance for women and men.

Fourthly, the Lund Recommendations on the Effective Participation of National Minorities in Public Life 
are focused on the effective participation of national minorities. One of the general principles established 
in  the  Lund  recommendations  is  respect  for  the  principle  of  equality  (‘equal  rights’,  paragraph  2)  and 
‘respect the human rights of all those affected’ (paragraph 3). As stated in the Explanatory Note, this is 
interpreted to mean that the Lund recommendations also refer to ‘minorities within the minorities’: ‘This 
would  also  include  respect  for  the  human  rights  of  women,  including  freedom  from  discrimination  in 
relation to ‘the political and public life of the country’ as stipulated at Article 7 of the 1979 Convention 
on the Elimination of All Forms of Discrimination against Women.’63 Thus, regardless of the absence of 
discussion on women specifically in the text of the recommendations themselves, the standards provided 
in the Lund recommendations for national minorities in general should cover and reach women from the 
national minorities as well.

2.5  European Union

Participation of women rests on several of the founding values of the Union, as established in the Treaty 
on European Union (TEU), most directly on democracy, equality, and respect for human rights and the 
rights of persons belonging to minority groups (Article 2). TEU foresees that the Union ‘shall combat social 
exclusion and discrimination, and shall promote … equality between women and men’.64 The functioning 
of the Union is envisaged as being founded on a representative democracy (paragraph 1), and thus the 
equal representation of women in political life is an important element, in terms of citizens’ representation 
in  the  European  Parliament  (paragraph  2),  representation  among  the  Heads  of  State  or  Government 
(paragraph 3), political parties (paragraph 5), and participation in the overall democratic life of the Union 
(paragraph  4)  (Articl  10,  TEU).  The  EU  can  adopt  legislative  or  other  measures  for  the  application  of 
the principle of equal treatment of women and men in matters of employment and occupation under 
Article  157(3)  of  the  Treaty  on  the  Functioning  of  the  EU  (TFEU).  Under  157(4)  of  the  TFEU,  the  EU 
enables Member States to maintain or adopt measures providing for specific advantages in order to make 
it easier for the under-represented sex to pursue a vocational activity or to prevent or compensate for 
disadvantages in professional careers.

The Charter of Fundamental Rights of the European Union contains provisions relevant to the participation 
of  women  in  political  life  in  Title  III  on  equality  (more  specifically  Articles  21  and  23),  as  well  as  in 
Articles 39 and 40 in Title V on citizens’ rights. Article 21 states that any discrimination based on an 
open-ended list of grounds (‘any ground such as…’) is prohibited. The grounds that are explicitly listed are: 
sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other 
opinion, membership of a national minority, property, birth, disability, age or sexual orientation. Article 23 
is  clear  that  equality  between  women  and  men  must  be  ensured  in  all  areas  and  lists  a  few  areas 
illustratively. It reaffirms that the ‘maintenance or adoption of measures providing for specific advantages 
in favour of the under-represented sex’ will not be considered as contrary to the principle of equality. Title 
V on citizens’ rights includes passive and active voting rights for the European Parliament (Article 39) and 
at municipal elections in the Member States for residents who are citizens of the EU on an equal basis 
with nationals (Article 40). However, the principle of participation or a general right to participation is not 
mentioned in the Charter as such. The Charter mentions participation only in the context of disability and 

63 
64 

Explanatory Note, Lund Recommendations on the Effective Participation of National Minorities in Public Life, para. 3.
Treaty on European Union, Article 3(3).

39

only as a community pillar. Article 26 states that the EU ‘recognises and respects the right of persons with 
disabilities to … participation in the life of the community.’65

An important milestone at EU level was reached with the 1996 Council Recommendation on the balanced 
participation  of  women  and  men  in  the  decision-making  process  (96/694/EC).66  This  recommendation 
proposed that, in order to pursue gender balance in decision-making processes, the Member States and 
European Union institutions should formulate an integrated strategy and promote gender balance at all 
levels of governmental bodies and committees, conduct awareness-raising activities, collect data, and 
exchange good practice.

The European Commission’s 2000 report on the recommendation’s implementation showed augmented 
efforts in the pursuit of gender balance in decision making following the adoption of the recommendation, 
but uneven and unsatisfactory progress.67 Further, the Commission made it clear in this report that

‘What  is  needed  to  promote  gender  balance  is  a  policy  mix  including  –  as  the  most  important 
factor – long term political commitment, sound statistics, regular monitoring, appropriate structures 
– depending on the culture of the Member States – anchored in legislation and the provision of 
financial resources.’68

Yet,  there  is  still  no  legally  binding  coherent  instrument  prescribing  minimum  standards  at  EU  level 
when it comes to women’s participation in decision-making positions in political life. The main legislative 
effort regarding gender balance in decision making was the proposal69 for a directive on improving the 
gender balance among directors of companies listed on stock exchanges and related measures, which 
has now been adopted as Directive (EU) 2022/2381 of the European Parliament and of the Council of 
23 November 2022 on improving the gender balance among directors of listed companies and related 
measures  (Gender  Balance  on  Company  Boards  Directive).70  The  Gender  Balance  on  Company  Boards 
Directive sets out that at least 40 % and at a maximum of 49 % of non-executive director positions 
in listed companies will have to be held by the underrepresented sex by 30 June 2026, or 33 % if the 
directive applies to all director positions. This should be done by ‘comparative analysis of the qualifications 
of  each  candidate,  by  applying  pre-established,  clear,  neutrally  formulated  and  unambiguous  criteria’ 
(Article  4(1)).  The  candidate  from  the  underrepresented  sex  should  be  given  priority  based  on  criteria 
that have already been established under the EU law, meaning that the candidate is equally qualified ‘in 
terms of suitability, competence and professional performance, unless an objective assessment taking 
account of all criteria specific to the individual candidates tilts the balance in favour of the candidate of 
the other sex’ (Article 4(3)). The listed companies that cannot achieve the set objectives will need to adopt 

65 
66 

67 

68 

69 

70 

Charter of Fundamental Rights of the European Union, Article 26.
Council Recommendation of 2 December 1996 on the balanced participation of women and men in the decisionmaking 
process (96/694/EC).
Report from the Commission to the Council, the European Parliament and the Economic and Social Committee on the 
implementation of Council Recommendation 96/694 of 2nd December 1996 on the balanced participation of women and 
men in the decision-making process, Brussels, 07.03.2000 COM(2000) 120 final.
Report from the Commission to the Council, the European Parliament and the Economic and Social Committee on the 
implementation of Council Recommendation 96/694 of 2nd December 1996 on the balanced participation of women and 
men in the decision-making process, Brussels, 07.03.2000 COM(2000) 120 final.
The proposal for this directive has been the subject of a thematic report by the EELN, as have been other positive action 
measures in relation to gender in the field of employment. Sources: Senden, L. and Kruisinga, S. (2018), Gender-balanced 
company boards in Europe: A comparative analysis of the regulatory, policy and enforcement approaches in the EU and EEA 
Member States, European Commission; McCrudden, C. (2019), Gender-based positive action in employment in Europe A 
comparative analysis of legal and policy approaches in the EU and EEA, European Commission.
The proposal for this directive has been the subject of a thematic report by the EELN, as have been other positive action 
measures in relation to gender in the field of employment. Sources: Senden, L. and Kruisinga, S. (2018), Gender-balanced 
company boards in Europe: A comparative analysis of the regulatory, policy and enforcement approaches in the EU and EEA 
Member States, European Commission; McCrudden, C. (2019), Gender-based positive action in employment in Europe: A 
comparative analysis of legal and policy approaches in the EU and EEA, European Commission; Directive (EU) 2022/2381 of 
the European Parliament and of the Council of 23 November 2022 on improving the gender balance among directors of 
listed companies and related measures, https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv%3AOJ.L_.2022.3 
15.01.0044.01.ENG&toc=OJ%3AL%3A2022%3A315%3ATOC. 

40

PROMOTION OF GENDER BALANCE IN POLITICAL DECISION-MAKINGInternational and regional standards

additional measures in order to rectify this. In transposing the directive, the Member States will need to 
establish rules for prescribing effective, proportionate and dissuasive sanctions for cases of infringement 
and make sure they are applied, for example by setting administrative fines or prescribing judicial nullity 
or  annulment  of  the  appointment  or  of  the  election  of  non-executive  directors  made  contrary  to  the 
national provisions adopted as part of the transposition of the directive (Article 6).

In addition to the Gender Balance on Company Boards Directive, insofar as the women are in a decision-
making  position  where  the  holder  can  be  considered  a  worker,  the  2006  Recast  Directive71  and  the 
Work-life Balance Directive72 will be relevant. The former provides protection against discrimination on 
grounds  of  gender  in  employment,  and  the  latter  introduces  a  right  to  flexible  working  arrangements 
for both parents and carers, and prescribes minimum standards for parental leave, paternity leave, and 
carer leave, alongside protection and guarantees against unfair dismissal. Member States have had an 
obligation to bring their laws, regulations and administrative provisions into line with the Recast Directive 
since 15 August 2008, and with the Work-life Balance Directive since 2 August 2022.

In  November  2021,  in  consideration  of  the  approaching  European  Parliament  elections,  the  European 
Commission proposed a regulation on the statute and funding of European political parties and European 
political foundations. Drawing on Article 23 of the Charter, it asks European political parties to include 
internal rules on gender equality in their statutes, and to include information on ‘the gender representation 
among the candidates at the last elections to the European Parliament and on the evolution of gender 
representation among their Members of the European Parliament’.73

The commitments of the EU to gender balance in decision making was repeatedly made in the Union’s 
policies,  most  recently  in  the  Gender  Equality  Strategy  2020-2025.  This  strategy  clearly  states  that 
‘Companies, communities and countries should be led by both women and men, in all their diversity’.74 The 
strategy underlines the centrality of participation ‘for representative democracy at all levels – European, 
national, regional and local’ and the intent of the Commission to ‘promote the participation of women 
as voters and candidates in the 2024 European Parliament elections … including through funding and 
promoting  good  practices’  expressly  stating  that  ‘European  political  parties  asking  for  EU  funding  are 
encouraged to be transparent about the gender balance of their political party members’.75 Further, the 
Commission  calls  on  the  European  Parliament  and  the  Council  to  ‘adopt  measures  to  improve  gender 
balance  at  all  levels  of  their  management  and  in  leadership  positions’  and  on  the  Member  States  to 
‘develop  and  implement  strategies  to  increase  the  number  of  women  in  decision-making  positions 
in  politics  and  policy-making.’76  The  need  for  data  collection  and  analysis,  and  the  exchange  of  more 
effective strategies for increasing the number of women in decision-making positions is also reiterated, 
as is the Commission’s intent to ‘support Member States in developing and implementing more effective 
strategies to increase the number of women in decision-making positions’.77

74 

73 

71  Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle 
of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast).
72  Directive (EU) 2019/1158 of the European Parliament and of the Council of 20 June 2019 on work-life balance for parents 
and carers and repealing Council Directive 2010/18/EU. See also the recently adopted European Care Strategy: European 
Commission, A European Care Strategy for caregivers and care receivers (September, 2022).
Proposal for a Regulation of the European Parliament and of the Council on the statute and funding of European political 
parties and European political foundations (recast), COM (2021) 734 of 25 November 2021.
European Commission (2020), Communication from the Commission to the European Parliament, the Council, the 
European Economic and Social Committee and the Committee of the Regions - A Union of Equality: Gender Equality Strategy 
2020-2025, COM(2020) 152 final, 13.
European Commission (2020), Communication from the Commission to the European Parliament, the Council, the 
European Economic and Social Committee and the Committee of the Regions - A Union of Equality: Gender Equality Strategy 
2020-2025, COM(2020) 152 final, 14.
European Commission (2020), Communication from the Commission to the European Parliament, the Council, the 
European Economic and Social Committee and the Committee of the Regions - A Union of Equality: Gender Equality Strategy 
2020-2025, COM(2020) 152 final, 15.
European Commission (2020), Communication from the Commission to the European Parliament, the Council, the 
European Economic and Social Committee and the Committee of the Regions - A Union of Equality: Gender Equality Strategy 
2020-2025, COM(2020) 152 final, 14.

77 

75 

76 

41

In  addition,  the  European  Parliament  has  adopted  a  string  of  resolutions  on  various  aspects  of  the 
participation of women in decision making from the 1980s until the present day.78 Its 2000 resolution 
has proven influential when it comes to shaping the understanding of what constitutes gender balance 
by forwarding the notion of at least 40 % representation of both women and men.79 The 2012 European 
Parliament resolution on women in political decision-making – quality and equality, confirmed the EU’s 
commitment to the recommendations made by the 1996 Council Recommendation and the 2003 Council 
of Europe recommendation (see section 2.3 Council of Europe). It called on ‘the Member States to promote 
positive  action  measures,  including  binding  legislative  measures,  with  a  view  to  ensuring  parity  in  all 
governing bodies and public appointments and to develop tools for gender monitoring of nominations and 
elections’.80 It did not, however, propose legislative action to the European Commission.

The  European  Institute  for  Gender  Equality  (EIGE)  has  been  monitoring  developments  in  women’s 
participation in decision-making positions in the EU. It collects regular and comparative data81 for the EU 
Member States and beyond, thus remaining a strong reference point.

2.6  Conclusion

The chapter affirmed that the standards for promotion of gender-balance in decision-making positions 
can be found in several international human rights instruments at the international level (United Nations) 
and  European  regional  level  (Council  of  Europe,  Organization  for  Security  and  Co-operation  in  Europe, 
and European Union), and that they are legal obligations on all State Parties, including all EU and EEA 
countries.  The  general,  hard  law,  obligations  have  been  clarified  by  a  significant  body  of  soft  law  and 
authoritative interpretations of the law. Particularly detailed and useful guidance can be found in: the 
United  Nation’s  CEDAW  Article  7  and  CRPD  Articles  6  and  29,  and  the  authoritative  interpretations  of 
these articles, as well as the Beijing Declaration and Platform for Action (1995); the Council of Europe’s 
Recommendation Rec (2003) 3 of the Committee of Ministers of the Council of Europe to Member States 
on balanced participation of women and men in political and public decision making; and the European 
Union’s 1996 Council Recommendation on the balanced participation of women and men in the decision-
making process (96/694/EC).

Due to the focus of this report on participation of women in elections and on promotion of women to 
decision-making positions in the legislature, the executive and public enterprises of women in all their 
diversity, the chapter also looked at standards for the participation of Roma, persons with disabilities, 
and (persons from) minority groups and indigenous groups, as these also apply to women from these 
groups. As a result, two pillars of the principle of participation for women were formulated: a general pillar 
(opportunities for participation of all women in all levels of government existing within a state – federal, 
national, regional and local) and a community pillar (participation of women from a specific group in their 
own communities and group systems, for example the participation of women in minority community 
affairs). Both are important for fully observing the principle of public participation in the case of women.

78 

79 

80 

81 

European Parliament resolution of 13 March 2012 on women in political decision-making – quality and equality 
(2011/2295(INI)) (2013/C 251 E/02) (31.08.2013); European Parliament, Women in decision-making (B50180/2000)  
(OJ C 346/82) (04.12.2000); European Parliament, European Parliament Resolution of 11 February 1994 on women in 
decision-making bodies (OJ No C 61) (28. 2. 1994); European Parliament, European Parliament Resolution Women in 
decision-making centres adopted on 16.09.1988 (Doc. A2-169/88) (OJ No C 262/187) (10.10.1988). Also, more recently, 
the European Parliament included a section on ‘Women and the economy, women and power and decision-making’ in: 
European Parliament, European Parliament resolution of 11 February 2021 on challenges ahead for women’s rights in 
Europe: more than 25 years after the Beijing Declaration and Platform for Action (2021/2509(RSP)).
See section 2.3. Council of Europe about the impact of the European Parliament Women in decision-making Resolution on 
the Recommendation Rec(2003)3 of the Committee of Ministers of the Council of Europe to member states on balanced 
participation of women and men in political and public decision-making.
European Parliament resolution of 13 March 2012 on women in political decision-making – quality and equality 
(2011/2295(INI)) (2013/C 251 E/02) (31.08.2013).
For statistics from EIGE, see: EIGE, Gender Statistics Database - Women in Power and Decision-Making (G),  
https://eige.europa.eu/gender-statistics/dgs/browse/bpfa/bpfa_g.

42

PROMOTION OF GENDER BALANCE IN POLITICAL DECISION-MAKINGInternational and regional standards

The chapter affirms that international standards setting regarding this matter has encouraged national 
standards setting. It can be expected that further legislative action at the international and European 
regional level will have a similar effect at the national level, and should thus be encouraged.

43

3  Elections

3.1  Introduction

Elections  are  one  of  the  main  ways  through  which  women  access  political  decision-making  positions. 
The legal and policy tools available for electoral processes have an important role in either facilitating 
or hindering women’s sustained participation in those processes that would give them access to elected 
office  and  eventually  amplify  their  voice  within  decision-making  structures.  Women  can  be  reluctant 
to  run  for  office  for  a  range  of  reasons,  including  out  of  fear  for  becoming  targets  of  sexist  speech 
and  violence.  The  availability  of  effective  tools  to  prevent  and  address  intimidation  against  women  is 
therefore important in encouraging participation in politics. 

This chapter provides a comparative account of the laws and policies available in the 31 states covered in 
this report concerning gender balance in elections at the local, regional, national and EU Parliament levels. 
We also look at the role of political parties as key actors in this area. The findings of this chapter show 
that in recent years there has been a proliferation of hard and soft law measures that seek to increase 
the numbers of women participating in elections as candidates. The extent to which legal measures are 
effective in getting women elected depends largely on how such measures are designed and enforced 
in  practice.  Legal  measures  promoting  gender-balanced  participation  in  elections  are  only  part  of  the 
picture; equally important in supporting women’s participation in political decision making via elections 
are measures that seek to create an electoral environment free of sexism and intimidation. This chapter, 
therefore,  includes  discussion  of  the  challenges  facing  women  who  participate  in  politics,  including 
incidents of sexist speech and violence, as well as the tools available to combat them. 

National experts were asked to provide information in relation to the following areas: policies concerning 
gender balance in the leadership of political parties, law and policy on candidates’ selection to run for 
office, gender balance in the composition of electoral management bodies, campaigns run to encourage 
women’s participation in politics, assessment of the legislation’s effectiveness, incidents of violation of 
women’s political rights, as well as discussion of any available measures and mechanisms to combat 
sexism and sexist hate speech in electoral campaigns.

3.2   Legislation and policies mandating or encouraging gender balance in the 

leadership of political parties

Political  parties  are  important  actors  in  facilitating  or  impeding  women’s  access  to  political  decision 
making. Gender balance in the leadership of political parties can be symbolic, but it can also have an 
effect on the party’s internal policies and general stance towards gender equality issues.

Political parties are normally seen as self-governing entities in the internal affairs of which the State 
does  not  interfere.  It  therefore  comes  as  no  surprise  that  in  none  of  countries  covered  in  this  report 
is  there  any  laws  or  state  policies  mandating  gender  balance  in  the  leadership  of  political  parties.  In 
several states, however, political parties have adopted rules concerning gender balance in their leadership 
on a voluntary, self-regulatory basis. This is the case in Austria, Belgium, Croatia, Finland, Greece, 
Germany, Hungary, Italy, Luxembourg, Malta, Norway, Poland, Slovakia and the UK. Importantly, 
we  find  that  in  many  of  these  countries,  measures  have  been  adopted  by  parties  across  the  political 
spectrum. This finding evidences a shift in mentality whereby gender balance as an important aspect of 
political life is normalised, prompting more parties to take a stance in promoting women’s participation 
in their internal affairs. In contrast, in Greece, Poland and Slovakia while some measures have been 
adopted, these initiatives are led by a minority of political parties, mostly on the left. The Greek expert 
reports that in April 2022 the main opposition political party Syriza adopted a gender parity quota for 
its  governing  bodies.  The  quota  was  then  applied  at  the  elections  of  the  party’s  300-member  central 
committee and at the elections of the 40-member political secretariat, ensuring gender parity in both 

44

Elections

instances. Given that a female member was elected as the new Political Secretary, the deputy Political 
Secretary  is  a  male,  as  required  by  the  party’s  new  internal  rules  on  gender  balance.  In  Poland  two 
parties have internal regulations relating to gender balance. These are the opposition left-wing parties 
that entered Parliament as the Left Together coalition: Left Together Party (Partia Lewica Razem) and New 
Left Party (Partia Nowa Lewica). In the Left Together Party, the principle of parity applies. According to 
Article 19 of the Party’s Statute, Left Together ‘seeks to ensure diverse representation in its bodies on the 
basis of gender, age, place of residence, social background and other factors’. There is gender parity in all 
elected party bodies, with a one-seat majority of women over men or men over women allowed. It was 
emphasised that for the purposes of parity the gender considered is the one declared by the candidate. 
The New Left Party adopted a quota solution. By virtue of Article 5(3) of the Statute of the New Left Party, 
in the National Executive, the National Council, the voivodship boards and the voivodship councils, each 
gender must be represented in a number not less than 35 % of the number of elected members of these 
authorities. In Slovakia, only the extra-parliamentary coalition Progressive Slovakia/Spolu has recently 
introduced a 40 % gender quota for vice-presidential positions and for members of its presidency.

3.3  Selecting candidates for national, regional and local elections: law and policies 

In this section we examine binding legislation as well as voluntary measures and other policies concerning 
gender balance in the selection of candidates for elections at the national, regional and local level. In the 
past two decades there have been several developments in most countries covered in this report with the 
introduction of either state-mandated gender quotas and binding rules on the ranking of candidates on 
electoral lists or voluntary measures adopted by political parties.

Table 1: Hard law measures by country

Measure

Quotas

Country

Belgium, Croatia, France, Greece, Ireland, Italy, 
Luxembourg, Poland, Portugal, Slovenia, Spain

Gender-based rules on candidates’ order

Belgium, Portugal, Slovenia

As  seen  in  the  table,  11  countries  have  legislated,  hard  law  measures;  this  is  the  case  in  Belgium, 
Croatia, France, Greece, Ireland, Italy, Luxembourg, Poland, Portugal, Slovenia and Spain. The 
measures  available  are  gender  quotas,  gender-based  rules  on  candidates’  order  in  the  list,  including 
requirements to alternate between candidates of different sexes (the zipper system), and combinations 
of these measures.

In  Belgium,  the  Constitution  provides  that  the  federal  and  federate  governments  must  be  composed 
of persons of both sexes.82 The electoral legislation implementing the constitutional provision requires 
political parties to include more women on electoral lists by imposing that the difference between the 
number of female and male candidates may not be greater than one. In addition, the first two candidates 
on an electoral list must be of different sexes. In Croatia, legislation mandates gender-balanced electoral 
lists for all elections; gender-balanced lists means that there is at least 40 % representation of candidates 
of each sex.83 Political parties can voluntarily adopt more generous measures. For instance, the Social 
Democratic  Party  of  Croatia  (SDP)  expressly  mandates  alternating  candidates  of  different  sexes  (the 
zipper system).84 France has a legislated gender parity quota, which means that parties’ electoral lists 

82 
83 

84 

Article 11bis, Constitution of Belgium.
Act on Election of Members of the Croatian Parliament (Article 21.a (1) and (2); the Act on Election of Members of European 
Parliament from the Republic of Croatia (Article 14(4); the Act on Local Elections (Article 9(3).
Article 21(2) of the Statute of Socijaldemokratska partija Hrvatske (SDP).

45

must  be  composed  of  50  %  male  and  50  %  female  candidates.85  This  parity  rule  first  applied  to  all 
elections except for municipal elections for towns of over 3 500 residents than progressively down to 
1 000 residents, but there is a bill pending to include smaller towns in the scope of the law.86 In Greece, 
a 33 % gender quota for regional and municipal elections was established for the first time in 2001, and 
in 2008 for national elections. These quotas were later increased to 40 % for all elections.87 The main 
opposition party, Syriza has recently adopted a 50 % quota that will apply to its electoral lists for national 
parliamentary  elections,  whereas  local  and  regional  schemes,  supported  by  the  same  political  party, 
will be encouraged to adopt this quota in municipal and regional elections as well. Ireland has enacted 
legislation mandating at least 40 % representation of each sex as candidates in general elections.88 The 
legislation provides for a reduction in the state funding of a registered political party if it does not comply 
with the quotas.89 Since 2012, there have been two general elections, in 2016 and in 2020. The next 
general election is due in February 2025 when there will be a statutory obligation that political parties 
must have 40 % male or female candidates; otherwise, there will be a deduction in state funding after 
the election. State funding in Ireland is dependent on the number of members of the lower house (the 
Dail). The quota provisions do not apply to local, European and Senate (Seanad – upper house) elections.

In Italy on electoral lists for both the Parliament and the Senate, candidates must be placed according 
to an alternating order of sex; at the same time,  neither sex  can be represented  by  more  than  60  % 
on  each  list.  There  are  also  legally  mandated  gender  balance  measures  for  electoral  lists  at  regional 
level.90 In Luxembourg, national legislation on funding for political parties requires a 40 % quota for the 
underrepresented sex on all electoral lists.91 In Poland, electoral legislation establishes a 35 % quota 
on  electoral  lists  for  the  national  elections  for  the  parliamentary92  and  local  elections  for  community 
councils.93 Since 2011, the 35 % quota no longer applies to the elections of the Senate as single-member 
constituencies  were  introduced.  Since  2014,  the  quota  no  longer  applies  to  the  community  council 
elections for the communities with fewer than 20000 inhabitants either, for the same reasons. In 2006 
Portugal introduced for the first time a gender quota of 33 % for party electoral lists for national, local 
and EU elections. The national legal framework was reinforced by subsequent amendments in 2017 and 
2019 that raised the quota to 40 % and strengthened its legally binding nature. In addition, legislation 
prescribes  alternating  candidates  of  different  sexes  (the  zipper  system).  According  to  the  current 
legislation, if a list does not comply with the 40 % quota and zipper system, the party is officially notified 
to correct it, otherwise the list is rejected.94 Legislation in Slovenia mandates 40 % women quotas on 
candidate lists for local elections and 35 % women quotas on candidate lists for parliamentary elections. 
In addition, there is a requirement that every second candidate in the first half of the candidate list has 
to be a woman.95 When it comes to candidate lists for the European Parliament, legislation in Slovenia 
stipulates  a  40  %  quota,  while  also  requiring  that  in  the  first  half  of  the  candidate  list  both  genders 

85 

86 

87 

88 
89 
90 
91 
92 
93 
94 
95 

The first parity law, Law n°2000-493 of 6 June 2000, amended the Electoral Code to favour the equal access of women and 
men to electoral mandates. It requires all political parties to present an equal number of men and women on electoral lists 
in the regional, municipal (initially cities of more than 35000 residents), senatorial and European elections. It also limits the 
financial support for parties that do not respect this principle of 50 % representation for legislative elections. Law n°2000-493 
of 6 June 2000 was later amended to include municipal elections in towns of more than 1000 residents.
Bill n° 4587 of 4 Feb. 2022, to extend parity to municipal elections and elective positions for municipalities under 1000 residents, 
still pending.
Article 52(1) Act 4604/2019, OJ A 50/26.3.2019 (municipal elections); Article 16(5) Act 4555/2018, Article 52(2) Act 4604/2019 
(elections in small communities with more than 300 habitants); Article 71(1) Act  4604/2019 (regional elections); 
Article 34(6) Presidential Decree 26/2012 (national elections). The gender quota does not apply to candidates for ‘State MPs’ 
(‘βουλευτές Επικρατείας’) under the condition that the total number of candidates of each sex in the whole of the country 
(with the exception of ‘State MPs’) corresponds at least to 33 % of the total number of the party’s candidates.
The Electoral (Amendment) (Political Funding) Act 2012 https://www.irishstatutebook.ie/eli/2012/act/36/enacted/en/html.
Part 6 of the Electoral (Amendment) (Political Funding) Act 2012.
Act No. 215/2012.
Article 2, Law of 21 December 2007 on the financing of the political parties.
Article 211 (3) of the Electoral Code.
Article 425 (3) of the Electoral Code.
Lei Orgânica No. 3/2006, of 21 August 2006, Articles 2 (1) and (2), 3 and 4.
Local Elections Act, Official Gazette of the Republic of Slovenia, Nos 94/07, 45/08, 83/12, 68/17 in 93/20; General Assembly 
Elections Act, Official Gazette of the Republic of Slovenia, No. 54/07.

46

PROMOTION OF GENDER BALANCE IN POLITICAL DECISION-MAKINGElections

must be represented by at least one candidate.96 In Spain, Law 3/2007 on Effective Equality reformed 
the Organic Law of the General Electoral Regime, introducing Article 44bis, which mandates a balanced 
composition of women and men in the candidatures to national, regional and local elections, imposing a 
minimum representation of 40 % for each of the sexes for the whole list of candidates and in each group 
of five candidates. Electoral lists that do not meet this requirement will not be validated by the electoral 
boards (Juntas electorales). These rules also apply to substitute lists. Law 3/2007 allows the Regulations 
of the Parliaments of Autonomous Communities to establish a higher gender quota; most Autonomous 
Communities have their own equality laws, which in some cases prescribe a 50 % quota.97 

In a number of states without legislation concerning gender balance on electoral lists, political parties 
have introduced measures on a voluntary basis; this is the case in Austria, Cyprus, Estonia, Germany, 
Hungary, Iceland, Lithuania, the Netherlands, Norway, Romania, Sweden and the UK. Measures 
include rules on the order of candidates, such as the zipper system, quotas or a combination of the two. 
Voluntary party quotas in the countries included in this report vary from 30 % to 50 %. The number of 
parties applying voluntary measures also varies from country to country. In Austria, Germany, Iceland, 
Norway and Sweden several parties across the political spectrum apply quotas in the range of 40 % to 
50 %. In Estonia, Hungary, Lithuania and Romania there is only one political party applying voluntary 
quotas on electoral lists; quotas range from 20 % to 40 %. In Cyprus three out of seven political parties 
apply 20 % to 30 % gender quotas to their electoral lists. In the Netherlands, one political party applies 
quotas, while a second party applies the zipper system; similarly, two parties in the UK apply quotas. 

While  there  are  no  binding  or  voluntary  gender  balance  measures  in  Czechia  and  Denmark,  state 
institutions  explicitly  encourage  political  parties  to  strive  for  gender  balance  in  candidate  selection.  In 
Czechia,  the  Governmental  Committee  on  Gender  Balance  in  Politics  and  Decision-making  Positions 
issued a Resolution in April 2022 in the run-up to local and regional elections. The Resolution recommends 
that: political parties and movements take into account the principle of gender balance when drawing 
up their lists of candidates for elections and when subsequently filling political positions; political parties 
and  movements  take  into  account  the  balanced  representation  of  women  and  men  in  nominations 
to  the  Senate;  political  parties  and  movements  promote  diversity  and  take  into  account  the  balanced 
representation of women and men with minority characteristics, such as ethnic minority background or 
disability, when drawing up lists of candidates.98 In a similar vein, in Denmark, the Institute of Human 
Rights recommends that political parties develop an equality and diversity policy, that promotes a more 
equal gender balance and improved representation of candidates for parliamentary elections.

In six countries – Bulgaria, Finland, Malta, Latvia, Liechtenstein and Slovakia – no legally binding or 
voluntary measures nor policies promoting gender balance on electoral lists have been identified. 

3.4   Gender balance in the selection for candidates by political parties for the 

EU Parliament elections

In relation to electoral lists for the EU Parliament elections, we find that in countries where there are 
legislated quotas or rules on how candidates should be listed on the basis of sex,99 these consequently 
apply to the lists for candidates to EU elections as well. However, there are two exceptions. Italy has a 
legislated parity quota (50 %) for EU elections instead of the 40 % quota applied in national elections, 

96 

97 

98 

99 

Act on the Election of Deputies from the Republic of Slovenia to the European Parliament, Official Gazette of the Republic 
of Slovenia, No. 40/04.
Law 3/2007 on Effective Equality between Women and Men (Ley Orgánica 3/2007 para la igualdad efectiva de mujeres y 
hombres), 22 March 2007; Law 5/1985 on the General Electoral Regime (Ley Orgánica 5/1985, del Régimen Electoral General), 
19 June 1985.
Available at https://www.vlada.cz/cz/ppov/rovne-prilezitosti-zen-a-muzu/aktuality/vybor-diskutoval-o-sestavovani-
kandidatnich-listin-do-podzimnich-voleb-195757/. 
This is the case in the following countries: Belgium, France, Croatia, Greece, Ireland, Italy, Luxembourg, Poland, 
Portugal, Slovenia and Spain.

47

while the first and second candidates on a list must be of a different sex.100 Ireland, on the other hand, 
does not extend the 40 % quota to the selection of candidates for the EU elections. 

3.5   Gender balance in the composition of electoral management bodies and 

observer commissions 

The majority of countries covered in the report have introduced no measures to ensure gender balance in 
the composition of electoral management bodies and observer commissions. In some countries, national 
legislation on equality and non-discrimination includes rules that mandate or encourage gender balance 
in  official  committees  or  other  public  authority  bodies  that  can  influence  the  composition  of  electoral 
bodies. In Estonia, Article 9(4) of the Gender Equality Act stipulates that the membership of committees, 
councils and other collegial bodies formed by state and local government authorities should, if possible, 
include both sexes. In Finland, gender equality legislation stipulates that a range of public bodies should 
have a minimum of 40 percent of both women and men, unless there are specific reasons against it and 
that nominating authorities will, whenever possible, propose both a woman and a man for every position; 
electoral management bodies would fall under this provision.101 Similarly in Norway, equality legislation 
requires gender balance on official committees.102 In Spain, members of the electoral boards are drawn 
from the judiciary or designated among university professors of law, political sciences or sociology, while 
electoral  observers  are  normally  nominated  by  political  parties  or  representatives  of  the  candidature; 
there  are  no  gender  balance  requirements  for  these  two  bodies.  However,  gender  equality  legislation 
stipulates a general mandate for all bodies exercising public power to observe the principle of balancing 
women and men in the appointments and designations of the positions of responsibility that correspond 
to them.103 In Italy, beyond Article 51 of the Constitution stipulating equal access of men and women to 
public office positions, at the local level, Act No. 215/2012 requires municipalities and provinces to ensure 
the representation of both sexes in governmental bodies and in other non-elected committees exercising 
public powers. In the Netherlands, legislation on advisory bodies encourages gender balance in their 
composition;104 this legislation is also applicable to the national electoral management body. 

Although there is no relevant legislation in Luxembourg, some political parties have voluntarily adopted 
rules concerning gender balance in electoral management bodies. 

3.6  Encouraging women to vote

Encouraging women to exercise their political rights, including the right to vote, is important in terms of 
fostering a more welcoming political environment, getting more women actively involved in politics and 
amplifying women’s voices. Law can play an important role in facilitating women’s political engagement 
as illustrated in the case of France where recently passed legislation seeks to address one of the most 
important structural obstacles to women’s participation –: disproportionate responsibility for unpaid care 
work – by creating leave from work for the purpose of running for office.. However, for the most part, 
rather than legal measures, national experts report campaigns and other similar initiatives taking place in 
their countries in recent years. Most of these initiatives have been organised by civil society organisations 
including  political  parties;  less  often,  state  institutions  have  also  engaged  in  campaigns  encouraging 
women  to  vote.  It  is  important  to  note  that  the  campaigns  have  been  organised  even  when  women’s 
vote turnout is comparable to or even higher than that of men. In other words, the campaigns identified 
in  national  reports  focus  on  raising  awareness  about  women’s  role  in  politics  and  the  importance  of 
participation and not on closing any (gendered) voting turnout gaps. The focus on awareness – a concept 
that is rather elusive – helps explain the lack of data or studies assessing the success of such campaigns. 

100  Act 65/2014.
101  Section 4 a of the Act on Equality between Women and Men (609/1986).
102  Equality and Anti-Discrimination Act (GEADA) Section 28. 
103  Article 16 of the Organic Law 3/2007 of Effective Equality.
104  Framework Act on Advisory Bodies, Article 12 Section 3.

48

PROMOTION OF GENDER BALANCE IN POLITICAL DECISION-MAKINGElections

In France, there abovementionedis recent legislation encouragesing political engagement at the local 
level.105 According to the French expert, this law encourages citizens to engage in public life by improving 
work-life balance. The law functions as a sort of ‘indirect’ positive action because, while the provisions 
are gender-neutral, they favour women who are more often caretakers. The new law first improves work-
political engagement balance by extending the 10-day leave from work for candidates to engage in a 
political campaign for all municipal elections regardless of the size of the town, including cities with fewer 
than 1 000 inhabitants.106 To improve political-family life balance for elected officials at the municipal 
level, the law provides a right to obtain reimbursement for childcare, elder care and care for children with 
disabilities or in need of home care so that officials can participate in municipal meetings.107 

In Croatia, a feminist civil society organisation often organises pre-election campaigns focused primarily 
on advocating for greater participation by women in decision-making processes, as well as advocating 
for specific gender equality policies; female voters, political parties and the general public are the main 
target  of  such  campaigns.  In  Denmark,  the  National  Integration  Council  runs  projects,  such  as  ‘It  is 
your choice 2022’, to increase voting among ethnic minority groups.108 The National Integration Council 
has also coordinated an initiative run by local municipalities with the purpose of getting more migrant 
women to vote.109 In Germany, several political parties are actively campaigning in favour of introducing 
parity legislation; according to the German expert, the Green Party is especially active in this respect. 
In the run-up to elections, women’s civil society organisations often run campaigns encouraging women 
to  exercise  their  right  to  vote.  In  Luxembourg,  the  Ministry  for  Gender  Equality  (MEGA)  launched  an 
awareness  campaign  entitled  ‘50/50  –  Vote  for  parity’  in  the  run-up  to  the  EU  Parliament  elections 
in  2019.110  The  campaign  sought  to  influence  citizens  to  vote  in  view  of  having  a  more  inclusive  and 
equitable representation at the EU Parliament; the importance of parity for democratic participation was 
the key message of this campaign. As an equal number of men and women were elected, the campaign 
was  deemed  successful.  At  the  local  level,  MEGA  previously  ran  an  awareness  campaign  under  the 
banner ‘Vote for equality’ with the aim of mobilising potential candidates for local elections.111 However, 
as the Luxembourgish expert reports, the results of the local elections in 2017 were disappointing as 
women politicians were significantly underrepresented in all elected positions. In Estonia, in 2019-2020, 
the Praxis Centre, a research institute and think tank, carried out awareness-raising project ‘Women in 
Politics’. The aim of the project was to improve women’s opportunities to take part in Estonia’s decision-
making processes at the highest political level and to increase awareness in the media, political parties 
and  society  in  general  about  the  importance  of  gender  equality  in  policy-making  processes.  The  goal 
was  to  advance  gender  equality  in  the  Parliament  and  Government  of  Estonia.112  In  2019  the  Praxis 
Centre also ran the ‘Nudging Women to Power’ project to raise awareness of the importance of gender 
equality and of the opportunities that women have to take part in politics.113 As the Estonian expert notes, 
women in Estonia have gradually increased their active role in politics and there is now more appetite 
among women to run for political office. In Cyprus, the Mediterranean Institute of Gender Studies (MIGS), 
a  feminist  think  tank  and  research  institute,  occasionally  organises  campaigns  advocating  for  policies 
encouraging women’s active involvement in politics. In the past, MIGS ran a project in collaboration with 
partners in other EU Member States making the case for gender parity.114 Most of MIGS’s projects are 
funded through EU funds. Although the research produced, as well as the campaigns, are of a very high 
quality there does not seem to have been a direct influence on policy making.

105  LOI n° 2019-1461 du 27 décembre 2019 relative à l’engagement dans la vie locale et à la proximité de l’action publique.
106  Law of 2019, Art. 85.
107  Law of 2019, Art. 91 (see article L. 2123-1 of General code of local government) and for municipalities with less than 3500 

residents, the national budget of the government covers the cost.
108  https://rem.dk/news/valgpjece-udgives-af-det-nationale-integrationsrad.
109  https://navisen.dk/blog/bydelsmoedre-skal-faa-flere-indvandrerkvinder-til-at-stemme-til-kommunalvalget/.
110  https://mega.public.lu/fr/societe/votez-parite.html.
111  https://mega.public.lu/fr/societe/votez-parite/votez-egalite.html.
112  https://www.praxis.ee/tood/nudging-women-to-power/.
113  https://www.praxis.ee/en/tood/14338/.
114  https://medinstgenderstudies.org/what/projects/#parity.

49

3.7 Theenforcementandeffectivenessoflegislativeframeworksencouraging

gender balance in elections

How effective are the different measures identified in the countries covered in this report in achieving 
gender balance in elections? What is the relationship between the way measures are enforced and their 
effectiveness? In this section, we discuss the comparative effectiveness of national legal provisions on 
gender balance in elections in light of their enforcement mechanisms to identify elements that guarantee 
or compromise their potential for success. Given that information, such as statistics or other studies, is 
publicly  available  mainly  in  relation  to  hard  law  measures,  Tthis  section  starts  by  assessing  hard  law 
measures in countries that have adopted them, i.e. addresses only those countries that have enacted 
relevant legislation: Belgium, Croatia, France, Ireland, Italy, Luxembourg, Portugal, Slovenia and 
Spain. We then briefly discuss findings from countries where only voluntary measures apply.Our discussion, 
therefore, focuses mainly on assessing hard law measures and on the information that was available to 
experts. Exceptionally, in the case of Spain, the national expert was able to provide information showing 
the relationship between parties’ voluntary measures on gender balance and legally mandated measures. 

The  Belgian  national  expert  reports  that  the  binding  measures  for  gender  balance,  which  combine 
requirements for parity and ranking rules and apply to electoral lists for all elections in the country, have 
been highly effective in getting more women elected. For instance, at the local level, the percentage of 
elected women rose steadily from 20 % in 1994 to 38.7 % in 2018. At the regional level, the percentage 
of  women  elected  was  41  %  in  2019  in  Wallonia,  43.8  %  in  Brussels  Capital  Region  and  46.8  %  in 
Flanders. When looking at all the lists for the House of Parliament, the percentage of female candidates 
for eligible seats increased from 38.7 % in 2014 to 44.7 % in 2019. 

The  Croatian  national  expert  reports  mixed  results  from  the  introduction  of  legislated  measures  in 
Croatia. Although the number of female candidates on election lists has steadily progressed over the 
years, the data shows that the share of women at all levels of political decision making is still below 
40 %. Data provided by the State Election Committee shows a 41.67 % share of women in the total 
number of candidates in local elections in May 2017, which is a significant improvement compared to 
the local  elections held in 2013, when  the share of  women candidates  was  28.24  %.115 The share of 
women  candidates  at  local  elections  in  2021  was  similar  to  that  recorded  in  2017,  with  the  biggest 
increase (9.7 %) in the share of women candidates for deputy mayors.116 However, the increase of the 
share  of  women  on  electoral  lists  still  has  not  translated  into  an  increased  share  of  women  who  are 
actually  elected  in  local/regional  representative  or  executive  bodies.117  At  national  level,  the  share  of 
women in the Croatian Parliament has been oscillating for years, reaching a peak of 32 % at the 2020 
elections. Despite the introduction of gender quotas, the share of women across all local and regional 
bodies  remains  well  under  30  %.118  Gender  quotas  on  election  lists  seem  to  have  limited  effects  on 
increasing  gender-balanced  representation,  probably  because  the  position  of  women  on  those  lists  is 
inferior, or women rarely head the lists. Part of the problem, according to the Croatian expert, is the lack 
enforcement of the measures seeking to achieve gender balance. When an electoral list does not meet 

115  Državno izborno povjerenstvo (State Election Committee), Local elections 2017, available at: https://ravnopravnost.gov.

hr/UserDocsImages/arhiva/preuzimanje/izbori-2017/statistika_kandidature_2017.pdf. See also Ombudsperson for Gender 
Equality (2013), Istraživanje: Lokalni izbori u Republici Hrvatskoj 2013. godine u odnosu na promicanje načela ravnopravnosti 
spolova (Analysis: 2013 Local elections in the Republic of Croatia in view of the principle of gender equality), p. 7, available 
at: https://www.prs.hr/attachments/article/997/Izvje%C5%A1%C4%87e%20za%202013%20%20Istra%C5%BEivanje%20
-%20Lokalni%20izbori%202013.pdf.

116  Office for Gender Equality (2021), Rodno razlučeni pokazatelji lokalnih izbora 2021. (Gender segregated indicators of local 

elections 2021) available at: https://ravnopravnost.gov.hr/UserDocsImages/dokumenti/Rod.%20razlučeni%20pod.%20
lokal.izbora%202021%20(1).pdf.

117  Državno izborno povjerenstvo (State Election Committee), Gender statistic of elected candidates 2021, available at: https://

www.izbori.hr/site/UserDocsImages/2021/Lokalni%20izbori%202021/Rodna_statistika.pdf.

118  The biggest increase concerns the share of women elected as county prefects (heads of regional units of self-government): 
whereas in 2017 there were no women elected, in 2021 the share of women was 9.5 %. See Office for Gender Equality 
(2021), Rodno razlučeni pokazatelji lokalnih izbora 2021 (Gender segregated indicators of local elections 2021), available at: 
https://ravnopravnost.gov.hr/UserDocsImages/dokumenti/Rod.%20razlučeni%20pod.%20lokal.izbora%202021%20(1).pdf.

50

PROMOTION OF GENDER BALANCE IN POLITICAL DECISION-MAKINGElections

the gender quota requirements, a monetary fine (instead of annulment) for a misdemeanour (a minor 
offence) of up to EUR 6 730 (HRK 50 000) is provided.119 However, the application of this sanction depends 
on the readiness of the State Attorney’s Office to prosecute political parties. The evidence provided by the 
Croatian expert reveals several instances where electoral lists did not respect the gender quota but the 
political parties responsible were nonetheless not sanctioned. For instance, according to reports of the 
Croatian Equality Body, in 2021 the gender quota was not respected in 13 % of the election lists, which 
shows that the sanctioning mechanism had not produced a significant impact.120

In  France  the  parity  rule  has  been  effective  to  some  extent.  Parties  with  electoral  lists  that  do  not 
meet the parity rules receive less state funding. As the French expert reports, in practice, some parties 
prefer receiving less funding than changing their lists to comply with parity.121 Financial sanctions were 
increased in 2007 and in 2014 with limited success for several reasons. First, certain political parties still 
prefer to lose state funding.122 Secondly, municipal elections for towns of less than 1 000 residents are 
exempted from parity legislation. That is why the High Council on Equality between Women and Men highly 
recommends extending parity legislation to municipal elections in towns of less than 1 000 residents.123 
The High Council further observes that women are not necessarily placed in electoral constituencies that 
are likely to win and identifies persistent systemic sexism in the political sphere as an obstacle to parity. 
Similar  to  France,  in  Ireland  and  Luxembourg  where  the  sanction  for  non-compliance  with  gender 
quotas  is  a  reduction  in  state  funding,  women’s  representation  in  elected  positions  has  seen  limited 
improvement,  according  to  the  national  experts.  The  evidence  provided  by  these  experts  reveals  that 
when the main sanction available for non-compliance is a reduction in funding or financial penalties, then 
the potential of quotas to achieve transformative change is compromised. 

The potential of electoral quotas to effectively increase women being actually elected depends on whether 
any rules on candidates’ ranking are tied to the quotas. Evidence provided by the Greek expert shows a 
rather limited impact of the 40 % legislated gender quota on electoral lists. While the quota increased the 
number of female candidates included on the lists, it has not led to a significant increase in women being 
actually elected. This can be attributed partly to the lack of any legal rules on candidates’ placement 
order on the lists; as a recent survey shows, women are often placed low in the ranking, which makes their 
election success difficult if not impossible.124 

In Italy from 2006 to date there has been a significant increase in the percentage of female candidates, 
both for the House of Deputies and the Senate. As regards the electoral results, the percentage of women 
elected  to  the  House  of  Deputies  is  35.7  %  (225  out  of  630),  an  increase  of  4.3  %  compared  to  the 
previous legislature, which, in turn, was increased by about 10 % compared to the one before that. In 
the Senate, the overall percentage of women today is 34.7 % (109 out of 314), an increase of 5.5 % 
compared  to  the  previous  legislature,  which  had  already  registered  a  significant  increase  of  11.1  % 
compared to the one before. The increase in female candidates was therefore followed by an increase 
in the number of women. As regards the presence of women in the European Parliament, in the first five 

119  Article 35, Gender Equality Act.
120  Ombudsperson for Gender Equality (2022), Annual Report for 2021, p. 155, available at: https://www.prs.hr/application/
images/uploads/Godišnje_izvješće_2021_FINAL.pdf. See also Žene i mediji, 10 May 2021, https://www.zeneimediji.hr/
lokalni-izbori-2021-kvote-o-zastupljenosti-spolova-korist-ili-problem/. See also Ombudsperson for Gender Equality (2021), 
Rodna analiza lokalnih izbora 2021 (Gender analysis of local elections 2021), available at: https://prs.hr/application/images/
uploads/Rodna_analiza_lokalnih_izbora_20.%20(prs).pdf. 
In 2022, the conservative party Les Républicains lost 31 % of the financial support to the party for lack of respect of parity 
rule and a party to the far left La France Insoumise lost 252 400 euros (6 % of the public subsidy to parties), https://www.
publicsenat.fr/article/politique/legislatives-2022-l-enjeu-de-la-parite-dans-les-candidatures-211072.

121 

122  https://www.publicsenat.fr/article/politique/legislatives-2022-l-enjeu-de-la-parite-dans-les-candidatures-211072; it was 
denounced in 2019 by the Minister of Equality https://www.francetvinfo.fr/politique/la-france-insoumise/parite-femmes-
hommes-ces-partis-qui-preferent-payer-des-amendes-plutot-que-de-respecter-la-loi_3593085.html.

123  Report on parity 2022, https://www.haut-conseil-egalite.gouv.fr/parite/actualites/article/comment-obtenir-la-parite-au-

sein-des-communes-et-des-intercommunalites-freins.

124  Verbole, A., Sioula-Georgoulea, I. (2021), ‘Participation of Women in Political Life at the Local Level in Greece Study and 

Policy Advice’, Council of Europe, Centre of Expertise for Good Governance, Strasbourg, CEGGPAD(2021)5, https://rm.coe.
int/final-study-and-policy-advice-participation-of-women-in-political-life/1680a29e07.

51

legislatures, the percentage of Italian women elected was always less than 15 %. With the introduction 
of list quotas in the electoral system in the 2004 elections, the number of Italian women elected to the 
European Parliament increased by half, growing from 10 women in the 5th legislature (1999-2004) to 15 
in the 6th (2004-2009). The percentage of women went from 11.5 % to 19.2 % in the 6th legislature and 
increased further in the 7th legislature (2009-2014), where 16 out of the 72 European Parliament seats 
due to Italy were occupied by women (22.2 %). Starting from the 2014 elections, when Act No. 65/2014 
was enacted, the number of Italian women elected to the European Parliament almost doubled, rising to 
29 out of 73 seats Italian seats, equal to 39.7 %. The figure has further improved with the results of the 
2019 elections, in which 30 Italian women were elected, which amounts to 41.1 % of the seats due to 
Italy (above the average of women in the European Parliament, which is 40.6 %).

In Slovenia women continue to be underrepresented in political decision making especially at the local 
level,  as  shown  in  statistics  cited  in  the  national  report.125  According  to  the  Slovenian  expert,  gender 
quotas  alone  have  been  proved  insufficient  in  getting  more  women  elected  as  there  are  not  enough 
incentives for women to run for office.

In Portugal the legislated gender quota on electoral lists combined with rules on candidates’ positions 
on lists have been effective in increasing women’s presence in elected bodies, leading to more gender-
balanced  political  decision  making.  According  to  the  Portuguese  expert,  there  is  a  strong  correlation 
between the way in which measures are enforced and their success. Essentially, electoral lists that do 
not comply with the gender balance measures will be rejected unless corrected to meet the legislation’s 
requirements.126 

In Spain the impact of the 40 % gender quota is not clear cut in all elected positions. According to the 
national  expert,  the  quota  has  had  a  positive  impact  on  the  participation  of  women  in  the  Senate,  in 
which 38.46 % of seats are held by women currently, and women have occupied around 40 % of the 
seats of the Senate since 2015. Immediately after the entry into force of the quota, the percentage of 
women increased from 25 % to 32 % in 2008 and then to 35 % in 2011.127 However, according to the 
Spanish expert, the impact on the numbers of women in the Lower Chamber (Congreso de los Diputados) 
is somewhat debatable. Numbers show that women’s participation in the Parliament did not come close 
to the 40 % target until 2014 and that during the years after the introduction of the quota in 2007, the 
percentage  of  women  in  the  Parliament  continued  to  be  very  similar  to  what  it  had  been  since  2004 
when the percentage of women increased from 28 % to 35 %.128 By mid2000, most Spanish political 
parties were applying quotas or targets on a voluntary basis, starting with 30 % quotas in the 1990s and 
reaching 50 % quotas around 2015.129 Parties’ voluntary quotas helped to boost and stabilise women’s 
presence in the Parliament before the introduction of the state-mandated 40 % quota. The percentage 
of women in regional Parliaments has been steadily growing from about 30 % in 2000 to 47 % in 2021. 
Currently, all the Parliaments in the Autonomous Communities have percentages of women above 42 %. 
It  must  be  noted  that  some  Autonomous  Communities  have  laws  requiring  a  50  %  quota  on  parties’ 
electoral lists which goes beyond the 40 % quota at the national level. As the Spanish expert notes, the 
introduction  of  legally  mandated  gender  quotas  did  not  alter  women’s  level  or  representation,  which 
continued to grow at its own pace. The example of Spain highlights the importance of parties’ voluntary 
equality  mechanisms  in  giving  women  an  active  role  and  voice  in  politics.  The  existence  of  effective 
voluntary measures can increase women’s representation even in the absence of state rules so that when 
state rules are introduced, these seem to have a more complementary role.

125  https://volitve.gov.si/lv2018/volitve_v_stevilkah.html.
126  Articles 3 and 4, Lei Orgânica No. 3/2006, of 21 August 2006.
127 

Institute for Women. Mujeres en cifras: Poder y Toma de decisiones. Poder Legislativo (Women in figures: Legislative Power), 
https://www.inmujeres.gob.es/MujerCifras/PoderDecisiones/PoderLegislativo.htm.
Institute for Women. Mujeres en cifras: Poder y Toma de decisiones. Poder Legislativo (Women in figures: Legislative Power), 
https://www.inmujeres.gob.es/MujerCifras/PoderDecisiones/PoderLegislativo.htm.

128 

129  Only the Partido Popular and Ciudadanos have resisted party quotas on ideological grounds. On the Spanish quota 

system, see Tània Verge and Nina Wiesehomeier, ‘Parties, Candidates, and Gendered Political Recruitment in Closed-List 
Proportional Representation Systems: The case of Spain’, Political Research Quarterly 72(4), 2019, pp. 805-820.

52

PROMOTION OF GENDER BALANCE IN POLITICAL DECISION-MAKINGElections

The discussion in this section shows that legislated measures are most effective when representation 
quotas are combined with rules on the ranking of candidates and importantly, with effective sanctions for 
non-compliance. The evidence gathered from the national experts demonstrates that the most effective 
way  to  enforce  gender  quotas  on  electoral  lists  is  to  annul  those  lists  that  do  not  comply  with  the 
requirements instead of imposing a fine or reducing funding.

Turning now to countries where there are only voluntary measures applied by political parties, we observe 
disparities between those countries where several parties apply quotas and those where only few parties 
have  measures  in  place.130  For  instance,  in  Iceland,  Norway  and  Sweden  where  parties  across  the 
political  spectrum  have  been  applying  gender  quotas  on  their  electoral  lists  for  several  decades,  we 
see consistently gender balanced national Parliaments with women’s representation normally not falling 
below 40 % and often going beyond that, such as in Iceland where women’s share is currently at 48 %. In 
Austria and Germany where several parties have quotas, we see a steady but slow increase in women’s 
representation in national Parliaments from less than 30 % in the 1990’s to around 40 % today. On the 
other hand, the statistics are clearly telling us that when there is only one political party with gender 
balance measures in place, the impact on women’s representation is minimal. In Hungary for instance 
where only one party has a 20 % quota, women’s representation in recent decades increased from around 
10 % to about 15 %. In Romania where a party applies a 30 % voluntary quota, women’s representation 
increased significantly since the late 1990’s; however, it remains at around 20 % today which falls short 
of gender balanced representation. Similarly in Lithuania, where one party has a 40 % quota, women’s 
representation has increased somewhat but remains below 30 %. It is also important to reiterate that 
quotas alone cannot explain whether change takes place or not. This is reflected in the case of Cyprus 
where even though three out of seven political parties have been applying voluntary quotas for several 
decades,  women’s  representation  in  the  national  Parliament  has  never  gone  beyond  20  %.  Voluntary 
quotas can therefore be important tools in promoting gender balance in political representation, but their 
potential is severely compromised if they are not widely used across the political spectrum and if they 
are not accompanied by a supportive institutional framework.

3.8 Violationsofwomen’sactiveandpassivevotingrights

Women routinely experience violations of their political rights that range from legal and informal obstacles 
to  running  for  office,  to  arbitrary  exemptions  from  gender-balance  legislation  and  of  course,  sexism 
and hate speech. Women politicians are also more likely than men to experience intimidation and other 
behaviour that amounts to violence. As the evidence we present in this section shows, violence against 
female politicians is rife across Europe. Such experiences are not only detrimental to the victims but can 
have chilling effects on other women thinking about pursuing a political career or even just participating 
more actively in politics.

Cases reported to relevant authorities are, however, generally rare. The French expert reports cases cited 
in a political science study where women candidates were placed on electoral lists for past EU elections 
in order to meet quota requirements but were then encouraged to resign once elected to be replaced 
by male candidates lower on the list, thus resulting in a lower number of French women as MPs in the 
European Parliament.131 In 2005 in the Netherlands, the orthodox protestant political party SGP was 
brought to court by a collective of civil society and women’s rights organisations in an administrative 
procedure  for  barring  women  from  standing  on  their  lists.  This  claim  was  rejected.  In  a  separate  civil 
procedure, the Dutch State was challenged for violating Article 7 of the Convention on the Elimination 
of Discrimination against Women (CEDAW) for not taking any measures against the SGP. In the appeal 
procedure, the SGP joined as a third party. The Dutch State argued that freedom of religion justified not 

130  Data and statistics for countries with no legislated measures are drawn from EIGE’s Gender Statistics Database, available at 

https://eige.europa.eu/gender-statistics/dgs.

131  Beauvallet, W. and Michon, S. (2008), ‘L’impact du mode de scrutin européen sur l’élection des femmes au parlement 

européen en France : une dynamique associant règles juridiques et stratégies politiques’, Politique européenne, vol. 1, n° 24, 
pp. 123-143.

53

taking any action against the party. In 2010, the highest civil court in the Netherlands, the Supreme Court, 
held that freedom of religion could not justify discrimination against women and, drawing on CEDAW 
obligations, held that the Dutch State should take measures that would force the SGP to stop excluding 
women from its election lists.132 As the Dutch expert notes, the follow-up to the Supreme Court judgment 
was disappointing as the Dutch State failed to take adequate measures and in essence, did not effectively 
implement the judgment. In the end, it was the SGP that changed its stance and started to formally allow 
women to run for office on its lists. More recently, legislation concerning rules on the election of local 
authorities in Italy was challenged at the Italian Constitutional Court.133 The case concerned legislation 
that exempted electoral lists for small municipalities of less than 5 000 inhabitants from the application 
of gender quotas.134 The Constitutional Court held that exempting small municipalities from gender quota 
requirements was against the principle of gender equality and therefore electoral lists not complying with 
quotas on gender representation should be excluded. On 21 October 2022, the Dublin Circuit Criminal 
Court in Ireland ordered a suspended 12-month sentence against a person accused of sending sexually 
explicit videos to a female politician who was a candidate during the 2020 general election. The suspended 
sentence was on terms whereby the convicted person must not contact the victim directly or indirectly, at 
her home, her constituency office or at the Parliament.135

Despite the limited number of reported cases, experts in several countries provide evidence that sexism 
and harassment against female politicians is far from being a limited phenomenon. For instance, incidents 
amounting to sexist speech or other intimidating behaviour have been reported by experts in Croatia, 
Cyprus, Denmark, Germany, Greece, Ireland, Italy, the Netherlands and the UK. As the German 
expert  notes,  sexist  speech  intensifies  during  electoral  campaigns  and  becomes  particularly  overt  on 
social media. According to a recent study of the Institute Allensbach (2021) in Germany, harassment and 
sexism is a common experience of female politicians: 40 percent of the politicians surveyed – across the 
party spectrum – stated that they had experienced sexual harassment and 3 % experienced it ‘more often’. 
Age seems to be a relevant factor as among younger politicians (under 45-year-olds) 60 % indicated 
experience of sexual harassment.136 Calls for order in the Parliament also involved some sexist speech.137 
Similarly, in the Netherlands hate speech against women politicians is on the rise with worrying incidents 
multiplying especially around elections; according to a survey conducted in 2021, 10 % of tweets directed 
to women politicians contain hate or aggression, while the female Minister of Finance is routinely the 
target  of  aggression  to  the  extent  that  she  needs  permanent  police  protection.138  In  2017  in  the  UK 
and in the wake of the murder of the MP Jo Cox in the run-up to the Brexit referendum, the Committee 
for Standards in Public Life ran an inquiry into intimidation in Public Life.139 It noted that a significant 
number  of  candidates  in  the  2017  general  election  had  experienced  intimidation,  including  threats  of 
sexual violence, and that there was evidence that intimidating behaviour had put off potential candidates 
from  standing  for  election.  Women,  BAME  and  LGBT  candidates  were  disproportionately  targeted  and 
experienced more severe intimidation. In Cyprus a female MP was repeatedly the target of harassment 
and sexist behaviour by a male MP, while in Greece a female MP was violently attacked by a male MP 
during a political discussion on TV. While these incidents were widely condemned by most politicians and 
political parties, they can intimidate and inhibit other women from actively participating in politics and 

132  The SGP complaint to the ECtHR against the Supreme Court decision; its application was, however, dismissed from the 

Strasbourg Court on grounds of inadmissibility in 2012. See, Staatkundig Gereformeerde Partij v the Netherlands App 
No. 58369/10 (Third Section) (ECtHR, 10 July 2012).

133  Constitutional Court, decision No. 62/2022.
134  The exemption was stipulated in Act No. 215/2012. 
135  https://www.irishtimes.com/crime-law/courts/2022/10/21/man-43-given-suspended-sentence-for-sending-sexually-

explicit-videos-to-td-jennifer-carroll-macneill/.

136  ARD (2021), ‘Four out of ten female politicians with experience of sexism’ (Vier von zehn Politikerinnen mit Sexismus-
Erfahrungen) www.tagesschau.de/inland/innenpolitik/sexismus-politik-studie-101.htmlwww.tagesschau.de/inland/
innenpolitik/sexismus-politik-studie-101.html.

137  RP online (2022), Sexism in the Bundestag (Sexismus im Bundestag) www.rp-online.de/politik/deutschland/sexismus-im-

bundestag-das-muessen-sich-politikerinnen-in-berlin-anhoeren_aid-66132481.

138  Saris, K. and van de Ven, C., ‘Misogyny as a political weapon’ (Misogynie als politiek wapen), De Groene Amsterdammer, 

3 March 2021: https://www.groene.nl/artikel/misogynie-als-politiek-wapen.

139  Committee on Standards in Public Life Intimidation in Public Life (December 2017) (Cm 9543) available at: Intimidation in 

Public Life - A Review by the Committee on Standards in Public Life (publishing.service.gov.uk).

54

PROMOTION OF GENDER BALANCE IN POLITICAL DECISION-MAKINGElections

seeking to access elected positions. In Denmark, in the wake of the MeToo movement, many current and 
former female politicians voiced their personal experiences of sexual harassment. As the Danish expert 
notes, these revelations exposed a sexist culture in parties across the political spectrum. As a result, the 
political parties concerned dismissed those responsible, including high profile MPs and political leaders. 
At the same time however, these incidents revealed the lack of preventive measures, including effective 
processes for the handling of complaints against harassment. Since early 2021, most political parties 
have voluntarily started to create internal policies for what constitutes acceptable behaviour in the party, 
as well as establishing internal and external complaints mechanisms.

Overall,  even  though  national  reports  reveal  numerous  alarming  incidents  directed  against  female 
politicians, there are no indications that states react adequately or that any preventive measures have 
been taken. Therefore, it seems that the reluctance to act supports a climate of impunity and continued 
pressure on and intimidation of women politicians. 

3.9 Existenceofofficialmechanisms/authoritiestaskedtomonitorsexismand

sexist hate speech in electoral campaigns

Official  mechanisms  or  authorities  with  powers  to  monitor  sexism  and  sexist  hate  speech  in  electoral 
campaigns exist in a limited number of states: Austria, Belgium, Cyprus, France, Greece, Romania 
and Sweden, Romania has an official authority tasked with monitoring sexism and sexist hate speech 
specifically  in  the  context  of  electoral  campaigns,  the  National  Audiovisual  Council.  The  authority  can 
impose  administrative  fines  on  individuals  and/or  parties  in  the  range  of  EUR  1  000  (RON  5  000)  to 
EUR 10 000 (RON 50 000).

In other countries, an authority that monitors sexist speech in media or advertising in general has jurisdiction 
in the context of electoral campaigns as  well. This is  the case  in:  Austria,  Croatia,  Cyprus,  France, 
Greece and the Netherlands. In Belgium, Portugal and Sweden, it is the equality bodies monitoring 
sexism and sexist speech in general that can also examine cases in the context of electoral campaigns. 
In Austria, the Advertising Board (Werberat) is tasked with monitoring sexist ad campaigns, including 
political advertisements. However, its decisions are non-binding. In the Netherlands, the Advertisement 
Commission (Reclame Code Commissie) does not cover campaigns as such but only certain campaign 
materials such as flyers and advertisements. If, following a complaint, an advertisement is found to breach 
the advertisement code, media organisations will no longer be allowed to disseminate it. However, if the 
advertisement contains opinions, the Advertisement Commission can only give non-binding advice. Thus, 
while an opinion can be issued concerning political campaigns, it is unlikely that the opinion will have any 
concrete effects. In Croatia, the Electronic Media Agency is an independent regulatory authority that is 
authorised  to  supervise  media  content  and  programmes  available  in  electronic  media,  which  includes 
programmes transmitted during political campaigns. It can issue warnings, mandates and admonitions, 
as well as instigate misdemeanour proceedings in the event of violations of provisions prohibiting the 
publishing of audiovisual commercial communications that promote discrimination. In Cyprus, the Radio 
and Television Authority has powers to monitor sexism and sexist hate speech in broadcasting, but without 
any specific focus on electoral campaigns and politics; it can review complaints and issue non-binding 
decisions. The Authority has issued an Equality Code of Conduct for media which seeks to promote sexist-
free  speech,  equal  representation  of  men  and  women  in  media  and  gender-balanced  participation  in 
politics and the economy.140 Similarly, in Greece, sexism and sexist hate speech in broadcasting in general 
is monitored by the National Council for Radio and Television. 

The Swedish Gender Equality Agency is responsible for contributing to the effective implementation of 
Swedish gender equality policy. The authority provides monitoring, analysis, coordination and necessary 
support in relation to the Swedish gender equality policy, in which political decision making constitutes 

140  Available at: https://crta.org.cy/%CE%BA%CF%8E%CE%B4%CE%B9%CE%BA%CE%B1%CF%82-%CE%B9%CF%83%CF%8C

%CF%84%CE%B7%CF%84%CE%B1%CF%82.html (25 September 2022).

55

one of six key areas. Although the Swedish Gender Equality Agency is not explicitly tasked with monitoring 
sexism and sexist hate speech in election campaigns, these matters fall within the monitoring responsibility 
of the authority.

3.10   Sanctions and other consequences prescribed for sexism and sexist hate 

speech in electoral campaigns

Many  countries  covered  by  this  report  prescribe  no  sanctions  or  other  consequences  for  sexism  and 
sexist hate speech in electoral campaigns, for instance: Bulgaria, Czechia, Estonia, Finland, Latvia, 
Liechtenstein, Lithuania, the Netherlands, Poland, Slovakia, Slovenia and Spain. As the national 
experts note, in some countries the application of general rules and sanctions that apply against hate 
speech could also be triggered in the context of sexist speech in electoral campaigns, such as, in Austria, 
Cyprus, Denmark, France, Hungary and Belgium. In Greece, the relevant media authority can impose 
administrative  fines.  In  a  number  of  countries,  the  only  sanctions  available  are  those  prescribed  in 
criminal/penal  legislation where the threshold of  what  could amount  to  a punishable  behaviour  tends 
to be higher. This is the case in Denmark, France, Ireland, Luxembourg, Malta and Sweden, while 
legislation is currently pending in Italy. 

In  Germany,  the  Network  Enforcement  Act  (Netzwerkdurchsetzungsgesetzes,  NetzDG)  requires  online 
platforms,  such  as  Facebook,  to  delete  obviously  illegal  comments.  It  also  requires  that  information 
about  IP  addresses  and  drafters  of  these  comments  are  passed  on  to  the  Federal  Office  of  Criminal 
investigation. Fines up to EUR 5 million can be imposed for failure to comply. Significant constitutional 
concerns  have  been  raised  because  of  these  provisions.  Complaints  because  of  a  breach  of  EU  Law 
(Directive 2000/31/EC) were partly successful, but  constitutional concerns have  not  been  upheld.141 In 
any case, this possibility primarily concerns acts that threaten the security of the state or the security or 
integrity of life and personal self-determination; the scope is therefore limited.

3.11  Conclusion

This section has focused on measures to increase gender balance in electoral processes. In recent years, 
legally binding and voluntary measures have been introduced in the majority of the 31 countries covered 
in this report. Gender quotas – introduced either through legislation or voluntarily by political parties – 
aimed  at  increasing  the  numbers  of  women  running  for  office  are  predominantly  the  most  preferred 
intervention in favour of gender balance in elections. In respect of candidate quotas, our comparative 
analysis highlights the following conclusions: 

 –

 –
 –

 –

 –

 –

Quotas are most effective in increasing women’s representation when they are legally binding and 
coupled with ranking rules that place women candidates at electable positions;
To maximise their effectiveness, quotas must be strictly enforced;
Enforcement  mechanisms  vary  from  state  to  state.  Annulling  electoral  lists  that  do  not  meet 
gender balance requirements is more effective than issuing fines or reducing state subsidies;
Voluntary party quotas can be useful tools especially when they complement existing legislation 
and importantly, when they are generous (at least 40 %) and applied by parties across the political 
spectrum.
Candidate  quotas  –  when  properly  designed  and  enforced  –  are  important  but  not  enough  in 
achieving  gender  balance  in  electoral  processes  and  in  increasing  women’s  representation.  Our 
analysis shows that:
Sexism  and  violence  against  women  candidates  is  a  widespread  phenomenon.  Such  hostile 
environment compromises the potential of legal and other measures for transformative change;

141  Administrative Court Cologne, judgment of 01. March 2022, 6 L 1277/21.

56

PROMOTION OF GENDER BALANCE IN POLITICAL DECISION-MAKINGElections

 –

 –

Criminal/penal law sanctions against violence are not always suitable in tackling and especially 
preventing the intimidation of women politicians during elections;
A holistic approach to women’s participation in elections is urgently needed. Such approach must 
go beyond electoral quotas and seek to create an inclusive political environment for all women, 
including women from minorities.

57

4  The legislature

4.1  Introduction

In this chapter, we take a detailed look at the legislative, policy and institutional frameworks and approaches 
in place for promoting women in decision-making positions in the legislature. We focus on several topics: 
positive action, measures for institutional and cultural transformation, measures for supporting women 
from minority groups, other promotion activities, obstacles, case law, protection from harassment and 
sexual harassment, violence against women, and data collection. When looking at the legislative branch, 
the following decision-making positions in national and federal Parliaments were considered: presidents 
(presiding officers or speakers), vice-presidents, and Members of Parliaments, parliamentary bodies, and 
in  permanent,  temporary  or  ad-hoc  delegations,  as  well  as  in  other  decision-making  positions  in  the 
Parliament relevant in their national context (such as general secretaries). Local (municipal) and regional 
councils are included in this section as well, thus also the decision-making positions of mayors, presidents 
(or leaders) of councils, vice-presidents of councils, members of councils/assemblies.

Countries approach promoting women in decision-making positions in the legislature in several different 
ways, but there seems to be an overwhelming reliance on quotas in elections (discussed in Chapter 3) as 
a panacea for the promotion of women. While our findings confirm that quotas undoubtedly work when 
they are well targeted and strong, other important aspects that affect or even condition the participation 
of  women  in  decision-making  positions  in  the  legislature  remain  largely  disregarded.  A  worryingly 
overwhelming  majority  of  countries  do  not  provide  pregnancy,  motherhood  and  parenthood  rights  for 
Members  of  Parliament  or  councillors/other  elected  officials  at  the  regional  or  local  levels,  and  they 
exclude elected officials from any protection system against harassment and sexual harassment which 
they might have in place. We also found that very few of the countries have measures for promoting 
women from minority groups. The approaches to data collection differ greatly, with some countries still not 
having mandated any institution to collect data on women in decision-making positions in the legislature.

4.2   Positive action for the promotion of women in decision-making positions in 

the legislature

A number of measures exist that can be introduced as positive action for the promotion of women in 
decision-making positions in the legislature, including quotas, tie-break policies, preferential treatment, 
indirectly  inclusive  measures,  and  modification  or  redefining  of  ‘merit’.142  Out  of  these,  the  most 
discussed positive action measures pertaining to the legislature in the literature are quotas.143 Quotas 
are  dominantly  seen  as  positive  action,  although,  as  discussed  in  Chapter  2,  the  CEDAW  Committee 
has oscillated between treating quotas as temporary and as permanent measures (section 2.2 United 
Nations).  The  key  benefit  from  such  a  shift  in  understanding  is  moving  beyond  the  temporary  aspect 
and thus preventing reversibility of any progress obtained, while clearly signalling that it is the system 
that needs to be corrected and not women. The most direct outcome of quotas, albeit not the only one, 
is  increasing  the  numerical  representation  of  women  in  the  legislature  i.e.  descriptive  representation. 
While discussions in the literature have moved on from only descriptive representation and generating 

142  McCrudden, C. (2011), ‘A Comparative Taxonomy of ‘Positive Action’ and ‘Affirmative Action’ Policies’ in Schulze, R. (ed),  

143 

Non-Discrimination in European Private Law, Mohr Siebeck.
In an EU context, see particularly: Lépinard, E. and Rubio-Marín, R. (eds) (2018), Transforming Gender Citizenship: The 
Irresistible Rise of Gender Quotas in Europe, Cambridge University Press; McCrudden, C. (2019), Gender-based positive action 
in employment in Europe A comparative analysis of legal and policy approaches in the EU and EEA, European Commission; 
Lépinard, E. and Rubio-Marín, R. (2013), Gender Quotas: Towards Parity Governance?, Policy Brief, Issue 2013/08, European 
University Institute; Quota Project, Global Database of Quotas for Women, International Institute for Democracy and 
Electoral Assistance, Stockholm University and Inter-Parliamentary Union, http://www.quotaproject.org/aboutQuotas.cfm.

58

The legislature

critical mass144 to substantive representation145 and critical actors,146 this report147 shows that, as far as 
the regulation of the legislature is concerned, the focus remains on the former. While causality between 
descriptive and substantive representation148 has been disputed,149 the value of each remains, including 
the benefits of ‘politics of presence’.150

As this section shows, in practice, a more limited array of measures has been used. A majority of these 
measures focus on gender balance in the membership of the Parliament, i.e. equal gender representation 
among  MPs,  and  less  so  on  other  decision-making  positions  in  the  legislature,  such  as  presidents, 
vice-presidents,  membership  of  parliamentary  bodies,  and  in  permanent,  temporary,  ad-hoc  or  other 
parliamentary delegations. They are largely intended to boost the descriptive representation of women, 
aiming for gender-balanced representation, which is largely defined in symmetrical terms and understood 
to  mean  a  minimum  representation  of  40  %  for  the  ‘underrepresented  sex’.  Quotas  are  generally 
understood as positive action, and not as a feature of governance.151

Provisions  prescribing  mandatory  parity  in  gender  representation  in  the  legislature  exist  in  some 
countries.  This  is  done  with  either  the  constitution  or  with  a  statute.  Belgium  is  an  example  of  the 
former. Article 11bis of the Constitution provides that ‘[l]aws or [legislative acts of federate authorities] 
…  guarantee  that  women  and  men  may  equally  exercise  their  rights  and  freedoms,  and  in  particular 
promote their equal access to elective and public mandates.’ The remainder of Article 11bis then provides 
that the federal and federate Governments must be composed of persons of both sexes, and that the 
legislative instruments of the respective authorities must impose the same rule upon the composition of 
all public executive bodies at subordinate levels of administration, such as the board of the mayor and 
aldermen of a local council.152 Another example is Malta, where a provision was recently introduced to 
the Constitution, which is activated as a corrective mechanism should elections fail to produce a gender 
balanced composition. Under the mechanism the number of MPs will increase by up to 12 if the number 
of elected MPs of the underrepresented sex is less than 40 % of all elected MPs. The additional 12 MPs 
are  apportioned  from  the  underrepresented  sex  ‘equally  between  the  absolute  majority  party  or  the 
relative majority party and the minority party’. The mechanism applies for the national elections only, not 
for those for the European Parliament. Introduced on 20 April 2021, the corrective mechanism will remain 
in force for 20 years ‘unless revoked or re-enacted with or without modification by means of an Act of 
Parliament according to the provisions of the Constitution’.153

Croatia is an example of a country that prescribed such measures with a statute. Its Gender Equality 
Act  states  that  political  parties  and  independent  candidates  in  elections  for  the  European  Parliament, 
the Croatian Parliament, as well as local and regional elections are obliged to establish gender-balanced 
election lists where candidates of one sex are underrepresented. According to this act, underrepresentation 

144  Dahlerup, D. (1988), ‘From a Small to a Large Minority: Women in Scandinavian Politics’, Scandinavian Political Studies, Vol. 11 

No. 4, pp. 275-298.

145  On the concept of representation as descriptive, substantive and symbolic, see: Fenichel Pitkin, H. (1967), The concept 
of representation, University of California Press. While Pitkin discusses representation in general terms, as a democratic 
concept, her work is foundational in gender and politics research for developing a feminist understanding of 
representation. Most recently, Karen Celis and Sarah Childs add to this also the ‘affective representation’. See: Celis, K. and 
Childs, S. (2020), Feminist Democratic Representation, Oxford University Press.
‘Dialogue: New Critical Actors: Gender-Focused Parliamentary Bodies’, Politics, Groups and Identities, Vol. 9 (2021); Childs, 
S. and Krook, M.L. (2006), ‘Should Feminists Give Up on Critical Mass? A Contingent Yes’, Politics & Gender, Vol. 2 Issue 4, 
522–30; Childs, S. and Krook, M.L. (2009), ‘Analysing Women’s Substantive Representation: From Critical Mass to Critical 
Actors’, Government and Opposition, Vol. 44, No. 2, pp. 125-145.

146 

147  As shown in Chapter 2, this is also the case with international law. Measures moving towards substantive representation 

are discussed in the next sections of this chapter (sections 4.3., 4.6., and 4.8.).

148  Mansbridge, J. (2005), ‘Quota Problems: Combating the Dangers of Essentialism’, Politics & Gender Vol. 1 Issue 4, pp. 622-638.
149  Critical Perspectives on Gender and Politics (2006), ‘Do Women Represent Women? Rethinking the ‘Critical Mass’ Debate’, 

Politics & Gender Vol. 2 Issue 4, pp. 491-530.

150  Phillips, A (1995), The Politics of Presence, Oxford University Press.
151  Lépinard, E. and Rubio-Marín, R. (2013), Gender Quotas: Towards Parity Governance?, Policy Brief, Issue 2013/08, European 

University Institute.

152  Belgium, National Report (questionnaire responses).
153  https://legislation.mt/eli/const/eng.

59

is defined as less than 40 % of candidates.154 The same obligation is provided in the Act on Election of 
Members  of  the  Croatian  Parliament  (Article  21(a))155  and  provisions  that  are  differently  worded  but 
identical in aim in the Act on Election of Members of European Parliament (Article 14(4)) and the Act on 
Local Elections (Article 9(3)) provide similar obligations. Another example is Finland, where Section 4a 
of the Act on Equality provides a quota for bodies composed via nomination, such as state committees, 
commissions, and other similar bodies, according to which women and men should be represented with 
a minimum of 40 % each. This quota was originally introduced in 1986 and in time has gathered much 
societal support, ultimately spilling over to other fields to which it does not even apply. In some countries, 
such as France, Ireland, the Netherlands, Poland, Spain, and United Kingdom,156 these measures 
are strictly those tied to elections and are regulated with the elections laws, which are discussed in detail 
in Chapter 3 on Elections.

The effectiveness of such provisions depends on whether they are tied to any sanctions (such as fines, 
lowering  of  allocated  public  finances,  ineligibility  of  electoral  lists)  but  also  on  whether  they  can  be 
undermined by clauses that allow entities to avoid the obligation or to postpone complying with it. For 
example,  in  Croatia,  monetary  fines  for  violating  the  obligation  to  propose  gender-balanced  election 
lists can result in a misdemeanour fine (a minor offence) of up to EUR 6 730 (HRK 50 000) (Article 35, 
Gender  Equality  Act).  This  provides  good  ground  for  enforceability,  but  the  effectiveness  depends  on 
whether the State Attorney’s Office decides to prosecute political parties for this offence. In France, not 
observing the rules will result in a body receiving less public funding,157 but not in the ineligibility of the 
lists.158 However, electoral outcomes suggest that the electoral rules in place have produced results and 
that the only elections where there is weak gender balance are those where there are no such rules in 
place i.e. in municipalities with less than 1 000 residents. A lack of strict rules for gender balance at the 
National  Assembly has also resulted in oscillating  numbers of  women  representatives  throughout  the 
years, including a decrease of 2 % in 2022 at the most recent elections. In Spain, electoral lists that do 
not meet the minimum 40 % representation of each sex are not validated by the electoral boards (Juntas 
electorales). In Belgium, the Council of Ministers can grant a derogation from this obligation for a period 
of  time.  The  Council  for  Equality  of  Women  and  Men  can  be  consulted  to  provide  its  opinion  in  such 
cases. In Finland the rule for observing a quota of 40 % is not tied to a sanction. Although the quota has 
gathered public support and worked towards creating a societal atmosphere in which it is largely expected 
that all nominated bodies would be gender balanced, some strongholds of power resisting such a change 
remain. For example, the composition of the committees in the Parliament does not reflect the gender 
parity rule. A 2018 study found that committee composition reflects the preferences and strengths of 
inter  and  intra-parliamentary  groups,  which  results  in  men  being  overrepresented  in  committees  that 
are perceived to be most desirable (such as the Foreign Affairs Committee and the Finance Committee). 
According to this study ‘overrepresentation of male MPs in standing committees also deters women MPs 
career development, as positions in committees gives higher status.’159

A smaller number of countries have included in their legislation measures that target important decision-
making  positions  in  the  legislature,  such  as  presidents,  vice-presidents,  membership  of  parliamentary 
bodies, and in permanent, temporary, ad-hoc or other parliamentary delegations. In Croatia, the Gender 

154  Croatia, Act on Gender Equality, Article 15(1) and (2).
155  Croatia, Act on Election of Members of the Croatian Parliament, Article 21.a.
156  Please note, however, that in the UK this is left to the political parties. Under section 104 of the 2010 Equality Act, registered 

157 

political parties may make arrangements in relation to the selection of election candidates in order to address the 
underrepresentation of those with protected characteristics as long as the arrangements are proportionate.
‘Since a law in 2014, if the disparity between the number of candidates of each gender is over 2 % of the total number of 
candidates, the amount of public support to the party is reduced of 150 % of that disparity. So for example, if a political 
party selects 200 candidates, 130 men and 70 women, its financial support will be reduced by 45 %. ‘ Source: France, 
National Report (questionnaire responses), citing Law of 2014 on real equality which increases the deduction on parties’ 
financial support, Loi n° 2014-873 du 4 août 2014 pour l’égalité réelle entre les femmes et les hommes.

158  The French expert underlined that there have been occasional mentions of ineligibility as an option in legislative debates, 

for example at the senate for the local elections: https://www.senat.fr/rap/r09-552/r09-5529.html.

159  Finland questionnaire, citing: Björk, A., Paavola, J.-M., Vainio, A. (2018), Sukupuolten tasa-arvon toteutuminen 

eduskuntatyössä (Gender Equality in the work of the parliament), Kysely- ja haastattelututkimus 2018. Eduskunnan 
kanslian julkaisu 1/2018.

60

PROMOTION OF GENDER BALANCE IN POLITICAL DECISION-MAKINGThe legislature

Equality Act sets out an obligation for balanced representation of both sexes ‘when making appointments 
to  state  bodies  and  bodies  of  local/regional  self-governing  units  and  other  legal  persons  vested  with 
public  authorities’160  and  ‘when  making  appointments  to  diplomatic  offices,  members  of  the  boards, 
commissions  and  delegations  representing  the  Republic  of  Croatia  at  international  level’.161  However, 
there are no sanctions attached to this provision, meaning it lacks legal bite. The Rulebook of the Croatian 
Parliament also provides a general obligation for adequate gender representation in the working bodies 
of  the  Parliament.162  However,  in  practice  this  provision  is  not  fully  implemented.  For  example,  in  the 
Gender Equality Committee of the Croatian Parliament, one of the working bodies with a president, vice-
president, 11 members who are MPs, and 3 external members (representatives of CSOs and academic and 
professional institutions active in the promotion of gender equality and human rights), there is currently 
only one man who is a member.163 In addition, encouraging equal gender representation in the working 
bodies  of  the  Parliament  is  part  of  the  mandate  of  the  Gender  Equality  Committee.164  The  rulebook 
also sets out an obligation for the President of the Parliament to bear in mind gender representation 
when appointing MPs to delegations or on formal visits.165 However, in most countries, no particular rules 
exist regarding gender equality in electing the president (or speaker) and vice-presidents. For example, 
in Finland the president is elected from the largest parliamentary group, and the two vice-presidents 
from the next-biggest groups. There is also no such rule in France, although it is worth noting that the 
current head of the French Assembly is a woman and that four women act as presidents of political party 
groups at the Assembly.166 The result is that many Parliaments have either never had a woman speaker 
or elected their first women speakers relatively late, such as in Finland where the first woman speaker 
was elected in 1995.

Several countries have tied the selection of women or of a representative of the less represented sex 
to a financial incentive for the political parties or for the independent representatives. For example, in 
Austria,  if  more  than  40  %  of  a  party’s  assigned  National  Assembly/Regional  Assembly  seats  go  to 
women, the party will receive 3 % more  of the subsidy for carrying out functions  as  a  parliamentary 
mandatary called ‘Klubförderung’.167 In Croatia, a political party or an independent representative can 
be paid a ‘compensation for underrepresented sex’ for each representative from the less represented sex 
amounting to 10 % of the usual amount paid for each representative.168 The ‘usual amount of funding’ 
is  0.075  %  of  tax  income  into  the  state  budget  from  the  previous  period  distributed  per  number  of 
elected representatives,169 and there is a similar formula for the funding at the local level as prescribed 
by law.170 In Denmark, persons elected to the local municipal councils receive a fee for participating in 
meetings, which is increased for those with children under the age of 10 and a fee for costs connected 
with caring for close relatives who are sick.171 Some of the national experts have expressed doubts as 
to the effectiveness of these types of measures either due to a lack of data confirm their effectiveness 
(Croatia) or due to the percentage awarded being too small to be efficient (Belgium).

160  Gender Equality Act, Article 12(4).
161  Gender Equality Act, Article 12(5).
162  Rulebook of the Croatian Parliament (Poslovnik Hrvatskoga Sabora), Article 46.
163  See Croatian Parliament, Gender Equality Committee, available at: https://www.sabor.hr/hr/radna-tijela/odbor-za-

ravnopravnost-spolova-10-saziv-hrvatskoga-sabora.

164  Rulebook of the Croatian Parliament (Poslovnik Hrvatskoga Sabora), Article 112 (1, line 5).
165  Rulebook of the Croatian Parliament (Poslovnik Hrvatskoga Sabora), Article 33. However, the current composition of the 
members of the eight permanent delegations in the Croatian Parliament and their substitutes casts doubts as to the 
implementation of this provision. In the eight permanent delegations there is a bit of everything - some which are all male 
or all female delegations, and one delegation with full parity. Source: Hrvatski sabor, Delegations (Izaslanstva), https://
www.sabor.hr/hr/medunarodna-suradnja/izaslanstva.

166  https://presidence.assemblee-nationale.fr/; https://www.tf1info.fr/politique/yael-braun-pivet-elue-presidente-de-l-

assemblee-nationale-une-femme-au-perchoir-ce-symbole-qui-s-est-fait-attendre-2224604.html. 

167  Klubfinanzierungsgesetz, BGBl. Nr. 156/1985, para. 4a. 
168  Act on Financing Political Activities, Election Campaigns and Referendum (Zakon o financiranju političkih aktivnosti, izborne 

promidžbe i referenduma), NN Nos. 29/2019, 98/2019, and 126/2021, Article 9.

169  Act on Financing Political Activities, Election Campaigns and Referendum (Zakon o financiranju političkih aktivnosti, izborne 

promidžbe i referenduma), NN Nos. 29/2019, 98/2019, and 126/2021, Article 5(1).

170  Act on Financing Political Activities, Election Campaigns and Referendum (Zakon o financiranju političkih aktivnosti, izborne 

promidžbe i referenduma), NN Nos. 29/2019, 98/2019, and 126/2021, Article 5(2).
171  Statutory Act on Local Municipality Government, section 15(1) and (2), 16(10) litra c.

61

Nevertheless, most countries in the EU have still not introduced any such measures; this is the case in: 
Bulgaria,  Czechia,  Cyprus,  Denmark,  Estonia,  Germany,  Hungary,  Italy,  Latvia,  Liechtenstein, 
Lithuania, Luxembourg, Norway, Portugal, Romania, Slovakia, and Slovenia. In these countries it 
is mainly considered that it is up to the political parties themselves to decide whether they will introduce 
such  measures.  For  example,  the  Social  Democratic  Party  of  Lithuania  drafts  candidate  lists  for 
municipal and parliamentary elections on which there can be up to 60 % from one gender; no other party 
has  introduced  such  a  measure.  In  Germany,  following  the  failed  Brandenburg  State  Parliament  and 
Thuringia State Parliament gender parity laws, such measures are mainly left to the discretion of political 
parties  who  seem  to  exercise  this  in  practice.172  This  makes  women’s  representation  in  the  legislative 
bodies very much dependant on internal party policies. Research in Norway has shown that parties that 
have such internal measures tend to have a better ‘gender balance in the parties’ parliamentary groups 
and  among  those  elected  to  municipal  councils  …  than  in  parties  that  do  not  practice  this’.173  In  lieu 
of prescription of such measures under the law, government departments (ministries or governmental 
bodies) as well as national human rights institutions have called upon parties to adopt measures that 
will boost gender balanced representation in the legislature. The Lithuanian Ombudsperson for Equal 
Opportunities proposed gender quotas on electoral lists back in 2005, but the proposal has been ignored.174 
In Denmark, the Minister of Equality175 and the Danish Institute of Human Rights176 have encouraged 
the  use  of  such  measures,  including  quotas,  whereas  some  influential  MPs177  have  publicly  called  for 
introducing quotas for the legislature and the executive. In Czechia, the Governmental Committee on 
Gender Balance in Politics and Decision-Making Positions proposed to the Chamber of Deputies of the 
Parliament to adopt measures to rectify the long-standing imbalance in the gender representation among 
MPs. The Committee adopted a resolution for the upcoming elections recommending that political parties 
and movements ensure balanced representation of women and men on electoral lists. In Poland, the 
Commissioner for Human Rights has specifically used the possibilities offered by their mandate to call 
for increasing women’s participation and more gender balance in decision making in general, including in 
the legislature.178

Finally, there are a few countries where such measures have not formally been introduced, but are also 
not needed since gender balance is observed, namely Iceland and Sweden. So, for example, regardless 
of the lack of quotas or other measures, in Iceland women constitute 47.6 % of the MPs, and women 
chair five of the eight parliamentary committees. In Sweden, three of the four vice-speakers are women. 
Women chair 53 % of the committees, and men 47 %. The representation of one sex on parliamentary 
committees drops to 30 % at its lowest.

172  For example, the Bündnis90/Die Grünen (the green party) since 1986 mandates that all odd places be occupied by women, 

Die Linke (the left party) has a 50 % quota.

173  Norway, National Report (questionnaire responses); NOU:2012:15 Politikk for likestilling (politics for equality) of 

25 September 2012.

174  Lithuanian Parliament (Seimas). Press release 4 May 2004, The controller suggests that the Seimas Human Rights 

Committee initiate a meeting of heads of parliamentary political parties in order to consider the need to draw up party 
election lists in such a way as to determine the minimum mandatory number of candidates of the same sex. Available (in 
Lithuanian) at: https://www.lrs.lt/pls/inter/w5_show?p_r=807&p_d=33483&p_k=1.

175  Equality Minister publication August 2021: https://bm.dk/media/18425/saadan-faar-vi-flere-kvindelige-politikere-og-

diversitet-i-politik.pdf. 

176  https://menneskeret.dk/koen-ligestilling.
177  https://fvm.dk/ligestilling/debatindlaeg/det-er-partiernes-ansvar-at-skabe-ligestilling-i-politik/. 
178  See, inter alia, the Commissioner’s speech to the Government Plenipotentiary for Equal Treatment on women’s passive 
electoral rights of 8 March 2019, available at: https://bip.brpo.gov.pl/sites/default/files/Wyst%C4%85pienie%20
do%20Pe%C5%82nomocnika%20Rz%C4%85du%20do%20Spraw%20R%C3%B3wnego%20Traktowania%20w%20
sprawie%20r%C3%B3wno%C5%9Bci%20p%C5%82ci%20w%20prawie%20wyborczym.pdf. Commissioner’s speech to 
the Government Plenipotentiary for Equal Treatment of 7 August 2014, available at: https://bip.brpo.gov.pl/sites/default/
files/Wyst%C4%85pienie%20RPO%20do%20Pe%C5%82nomocniczki%20Rz%C4%85du%20ds.%20R%C3%B3wnego%20
Traktowania%20z%20dnia%207%20sierpnia%202014%20r.pdf and the Commissioner’s speech to the Government 
Plenipotentiary for Equal Treatment of 17 January 2014, available at: https://bip.brpo.gov.pl/sites/default/files/
Wyst%C4%85pienie%20RPO%20do%20Pe%C5%82nomocniczki%20Rz%C4%85du%20ds.%20R%C3%B3wnego%20
Traktowania%20z%20dnia%2017%20stycznia%202014%20r.pdf.

62

PROMOTION OF GENDER BALANCE IN POLITICAL DECISION-MAKINGThe legislature

4.3  Measures for institutional and cultural transformation

A number of measures can be introduced as a way to cultivate an environment conducive to the promotion 
of  gender  balance  in  decision-making  positions  in  the  legislature,  and  retention  of  women  in  decision-
making positions, through an institutional and culture transformation. For the purposes of the report, the 
literature  on  gender  and  Parliaments,  and  gender-sensitive  Parliaments  in  particular,179  was  surveyed  in 
order to develop a list of measures that can be put in place to support such a transformation. As a result, 
the national experts were asked if any measures had been put in place in their countries, such as:

 – measures relating to the procedures and operation of the legislature, such as adjustments geared 
towards private life-work life balance (foreseeable schedules and calendars, overlap of Parliament/
council  sessions  with  school  seasons,  flexible  working  conditions  and  meeting/session  schedules), 
monitoring speaking time of elected representatives per gender, monitoring composition of working 
bodies  per  mandate  in  terms  of  traditionally  masculinised  mandates  (defence,  finances)  vs  the 
feminised ones (social policy, education), provision of maternity leave, paternity leave, family and 
parental leave, sickness leave, and access to pension schemes for officials in decision-making positions 
who do not have an ‘employee’ status; including gender equality module(s) in training programmes 
for elected representatives and for other persons in decision-making positions; institutional gender 
equality  strategic  planning  and/or  audit  (for  example,  adopted  gender  equality  plan;  conducted  a 
gender audit);
infrastructure measures, such as adjustments to the architectural surroundings as part of the efforts 
to encourage participation of women, such as, lighting, building or adjustment of space for daycare 
facilities, accessibility adjustments; and
funding measures, such as observance of gender-responsive budgeting, and earmarking funds to 
support measures for gender balance in decision making.

 –

 –

This section shows that not many countries have put such measures into practice. While some countries, like 
Denmark, have introduced several of these measures,180 some countries – Austria, Belgium, Bulgaria, 
Croatia,  Czechia,  Cyprus,  Estonia,  Greece,  Ireland,181  Italy,  Latvia,  Liechtenstein,  Lithuania, 
Luxembourg, Malta,182 Poland,183 Romania, Slovakia and Slovenia – have not introduced any at all.

179  Commonwealth Parliamentary Association, Gender Sensitising Commonwealth Parliaments (CPA, 2001); various 

contributions in Krook, M.L. and Mackay, F. (eds.) (2011), Gender, Politics and Institutions, Palgrave Macmillan; Inter-
Parliamentary Union (2011), Gender-Sensitive Parliaments: A Global Review of Good Practice (IPU); Inter-Parliamentary 
Union (2016), Evaluating the gender sensitivity of parliaments: A self-assessment toolkit (IPU); Childs, S. (2020), Gender 
Sensitising Parliaments Guidelines: Standards and a Checklist for Parliamentary Change, Commonwealth Parliamentary 
Association; and particularly the recent toolkit by Sonja Palmieri for ODIHR: Palmieri, S. (2021), Realizing Gender Equality 
in Parliament, ODIHR. ODIHR’s assessment of the Law on the Parliament and the Rulebook of the Parliament of North 
Macedonia also served as inspiration. See: ODIHR, Comments on the Law of North Macedonia on the Assembly and the 
Rules of Procedure of the Assembly from a Gender and Diversity Perspective, GEN-MKD/357/2019, (09.11.2020).

180  Statutory Act no 47 of 15 January 2019 on Local Municipality Government, https://www.retsinformation.dk/eli/lta/2019/47 
#idcf09b5dd-673e-4bbf-97d0-6de02fa2dd83https://www.retsinformation.dk/eli/lta/2019/47#idcf09b5dd-673e-4bbf-97d0-
6de02fa2dd83. 

181  There has been a recent initiative in Ireland whereby the Minister of State with Responsibility for Local Government and 
Planning at the Department of Housing, Local Government and Heritage proposed introducing a scheme according to 
which women councillors will in practice be in a position to use maternity leave. At present, although through their self-
employment payments they can use this leave, they cannot be absent for more than six months since if they do, they will 
be considered to have resigned.

182  Please note, however, that a childcare center is currently being built in Malta.
183  A recent initiative of joint signing of the European Charter of Equality between Women and Men is noteworthy, with 
16 major Polish cities singing a pledge to, inter alia, participation of women and men in decision-making, elimination 
of gender stereotypes, women to run for public office, vote and exercise their individual electoral rights, and so on. The 
Charter was signed on 11 October 2021 by Bydgoszcz, Chełmno, Jasło, Krosno, Lublin, Ostrów Wielkopolski, Płońsk, Poznań, 
Pruszków, Puck, Skarżysko Kamienną, Sopot, Świdnice, Wałbrzych, Wołomin, and Warsaw. Others have joined them since, 
such as Kraków. Also, as a result of the Horizon Europe application conditions, which as of this year include having a Gender 
Equality Plan, some local governments have engaged in developing such plans (such as Krakow and Warsaw), expected to 
be adopted by the end of 2022.

63

Few Parliaments have approached this issue strategically, as a more long-term one, by either developing 
their own gender equality plan, programmes, or conducting (gender) audits. This is the case with Spain,184 
where the plans include measures for advancing gender equality among staff that are both civil servants 
and staff working under other labour contracts, but does not apply to the Parliament as a whole. These 
plans do not apply to the MPs at all, which means that no adjustment of procedures and operation of the 
legislature that could benefit the MPs, or measures on infrastructure and the architectural surroundings, 
can come from these plans. The Swedish Parliament has an action programme for gender equality for 
each parliamentary term that is prepared by the Board of the Parliament. The aim of this programme is to 
work towards a ‘gender-conscious parliament’ understood to include ‘gender balance in different bodies 
and  contexts’,  ‘gender  mainstreaming  …  integrated  into  the  activities  and  processes’  and  ‘an  internal 
culture where both women and men are respected and where resources are equal’ as well as an intention 
that ‘the balance between mission and family responsibilities is facilitated’ and for both women and men 
to ‘participate in gender equality processes.’185 On the basis of interviews with MPs, this programme also 
includes plans: ‘to conduct seminars on communication strategies to promote a good climate for debate, 
proposing ways of increasing the security of the role of MP, examine ways of supporting victims of abuse 
and sexual harassment in Parliament’, and reviewing ‘information for MEPs on how to access occupational 
health services for support.’186 In the United Kingdom, the 2018 ‘Gender Sensitive Parliament Audit’187 
identified a number of barriers, including: ‘the culture of Parliament as highlighted in recent reports of 
bullying and harassment, and sexual harassment; the challenges that working in Parliament poses for 
family  life,  including  the  unpredictability  of  business  and  potential  long  hours;  the  financial  impact  of 
standing for Parliament; and online threats and threats to physical security, in particular gender-based 
intimidation, harassment and violence against female Parliamentarians and female candidates.’188 On the 
basis of these findings, a number of measures were introduced (discussed below in section 7.3.4).

The national experts identify several measures on procedures and the operation of the legislature that 
have been required under law and have already been implemented. In Denmark, there are adjustments 
geared towards improving work-life balance, such as predictable schedules and calendars, and parental, 
sickness and family leave. Ordinary meetings and annual seminars are planned one year in advance, and 
only extraordinary meetings can be planned ad hoc by the mayor or one third of the council.189 MPs are 
entitled to paid childbirth and adoption leave, and a paid leave for caring for a seriously ill child.190 In 
Norway under the Local Government Act (Chapter 8), local representatives in counties and city councils 
have many of the same rights as employees in Article 12-1 to 12-10 of the Working Environment Act, 
which  includes  right  to  prenatal  examinations,  pregnancy  leave  for  up  to  12  weeks  during  pregnancy, 
leave of absence to take care of a child including 2 weeks for the father or for adoptive parents and foster 
parents, maternity leave of 6 weeks for the mother after birth, parental leave of a total of 12 months for 
both parents, time off for nursing mothers, and a leave of absence for sick child, and care and nursing of 
close relatives.191 When it comes to MPs, during pregnancy, care and maternity leave, and leave in case 
of illness of children and childminders, they have the right to keep the remuneration according to similar 
rules applicable to employees in the state, as per the Working Environment Act (Chapter 12), the National 
Insurance Act192 (Chapter 14), and the rules in the Main Tariff Agreement in the state. This also applies to 
deputy representatives for the period they are summoned to serve. Breastfeeding in the Parliament is still 

184  https://www.congreso.es/cem/plan_de_igualdad.
185  Sweden, National Report (questionnaire responses).
186  Sweden, National Report (questionnaire responses).
187  UK Parliament UK Gender-Sensitive Parliament Audit 2018 (26 November 2018) available at: https://www.parliament.uk/

globalassets/documents/lords-information-office/uk-parliament_-gender-sensitive-parliament-audit_report_digital.pdf.

188  United Kingdom, National Report (questionnaire responses).
189  Statutory Act on Local Municipality Government, section 8, 9a.
190  Standing Order of the Danish Parliament Section 41(3) and (4), Parliamentary Elections Act Sections 109 (10) and (11).
191  Act relating to working environment, working hours and employment protection, etc. (Working Environment Act) of 

17.06.2005 No. 62, Section 12-1 to 12-10.

192  Act relating to National Insirance of 28.02.1997 No.19.

64

PROMOTION OF GENDER BALANCE IN POLITICAL DECISION-MAKINGThe legislature

a grey zone under the law, but is allowed in practice.193 In Sweden, the Elections Act provides that each 
MP should have up to three replacements194 who can step in in case of a leave of an MP longer than one 
month, which includes when they use a parental leave during which they receive a parental benefit and 
a top-up equivalent to 90 % of their salary.195 In France all municipal councillors attending a meeting 
can obtain a subsidy for expenses for caring responsibilities of a child, persons with a disability or an 
elderly person in the household. In Finland, breastfeeding in the Parliament has been practiced since 
1995. In 2020, a group of Finish MPs joined forces to create a working group for the promotion of an 
infant-friendly culture, including pregnancy and infant services.196 In Germany there is a pregnancy and 
maternity leave with full compensation for federal MPs, but no parental leave,197 and there are limited 
forms of maternal leave throughout the State Parliaments. The Thüringen State Parliament MPs can bring 
their children to sessions if they are up to one year old and do not disturb the session, or older if the 
President of the Parliament allows for this. An incident where an MP was not allowed to bring her child 
to a session spurred a public debate in this Parliament and pushed for a clarification of the rules.198 It is 
also worth noting that federal MPs need to travel a lot and have two places of residence (in Berlin and in 
their constituency), which might deter women from taking up such posts. In Ireland traveling to Dublin 
has also been reported to cause challenges for family life, although the Parliament usually aims to pack 
work into three days, leaving the remaining four days of the week free.

Arrangements around scheduling of sessions, and working hours overall are a challenge in most places. 
In Denmark, while a predictable, advance annual schedule helps, the starting times and the duration 
of  the  meetings  are  still  unpredictable,  which  can  pose  a  challenge  for  private  life-work  life  balance. 
Working hours can be a challenge for women MPs in Malta as well, since the national Parliament meets 
only during the evenings. A ‘culture of long working hours’199 is an issue in Portugal as well, in addition 
to measures to balance private and work life not being applicable to MPs due to their particular status as 
elected officials. Interviews with MPs in Sweden, conducted as part of the preparation of the 2018-2022 
action programme on the work for equality in the Parliament, showed that young women MPs in particular 
faced challenges in reconciling private life and work life. As a result, the Parliament plans to conduct a 
review of time and scheduling, in particular of voting times and the manner of scheduling of meetings. 
Since September 2020, after piloting it, the United Kingdom Parliament introduced a proxy voting option 
for mothers, fathers and adoptive parents whereby they can use proxy voting for seven months, taken 
continuously, and fathers or partners for two weeks. An MP parental leave cover fund was established to 
enable MPs to cover additional staffing costs (for example, for staff hired to cover constituency duties).

Some  measures  on  infrastructure  have  been  identified,  such  as  adjustments  to  the  architectural 
surroundings. In the Danish Parliament, there is a room with TV broadcast of the session right next to 
the Chamber of Parliament, the purpose of which is to enable MPs with young babies or children to follow 
the sessions, although it does not accommodate speaking and voting. An MP wanting to do this would 
still need to physically enter the Chamber. There is an internal rule of order prohibiting brining babies in 
the Chamber. However, prior practice has shown that it is essentially at the discretion of the President 
of  the  Parliament  whether  s/he  will  enforce  this  rule.  So,  although  there  have  been  occasions  before 
when mothers attended sessions with their babies and were allowed to do so, the current President of 
Parliament does not allow anyone that is not an elected MP in the Chamber.200 This has been the situation 

193  See article from Nrk 28. October 2021 ‘Skal avgjøre regelverk for amming i stortingssalen’ (Shall determine the rules 
on breastfeeding inside the parliamentary hall), https://www.nrk.no/sorlandet/skal-avgjore-regelverk-for-amming-i-
stortingssalen-1.15707980.

194  Elections Act (2005:837), Ch 14 Sec 14.
195  The Riksdag Act (2014:801) Ch 5 Secs 3-4.
196  The working group was established in 2020. It has stressed the need of ensuring such services even during the pandemic, 
see: Odotus- ja vauva-ajan palveluiden saatavuus on turvattava korona-aikana ja pandemian hoidossa, https://www.
terveydenhoitajaliitto.fi/files/903/Odotus-_ja_vauva-ajan_palveluiden_saatavuus_on_turvattava_korona-aikana_seka_
pandemian_jalkihoidossa_9.4.2021.pdf.
197  Absatz 1 Satz 5 Abgeordnetengesetz, para 14.
198  Anton Hofreiter: Kinder im Bundestag sind auch keine Lösung | ZEITmagazin. 
199  Portugal, National Report (questionnaire responses).
200  https://www.berlingske.dk/samfund/endnu-en-baby-i-folketingssalen-pernille-skipper-har-oensket-opmaerksomhed. 

65

since 2019, when the current President asked an MP to leave the Chamber with her five-month-old baby.201 
In Finland, building infrastructure related to day care/pre-school education for children of MPs was done 
as a way to promote and support the rights of both parents. A subjective right to day-care has been part 
of the national legislation in Finland for several decades now. Since 1990, there is a right to day care after 
parental leave for children under the age of three, and since 1997 a right to day care for children from 
the ages of three to school age (seven years of age). The German Parliament has a play, breastfeed, and 
baby changing room and the nursery can accept up to 10 children from Parliamentarians.202 However, a 
2007 constitutional judgment stated that there is no parental leave for MPs due to their elected status 
which, according to the Constitutional Court, cannot be a position viable for replacement. This can be a 
deterrent for women, since absences are recorded as such. But the situation is improving among the State 
Parliaments, where, starting with the Baden-Württemberg in 2014, they started to pass parental leave 
provisions for their Parliamentarians. It is not a traditional parental leave but allows new parents more 
flexibility over their work scheduling. In Malta, a childcare centre is currently in the making and should be 
available by the end of 2022.203 In Sweden, MPs can use temporary childcare for children between the 
ages of 1 to 12 in the Parliament’s premises and, if necessary, until 11 pm.204 In the United Kingdom 
Parliament there has been an on-site nursery since 2010. The Women and Equalities Committee have 
called for more spaces for changing and breastfeeding.205

Finally, there is a small group of countries where such measures have not been formally introduced, but 
are also considered as not needed since there is already an environment conducive to the promotion of 
gender balance in decision-making positions in the legislature, such as in Iceland.

4.4  Measures aimed at women from minority groups

The  report  also  considered  the  measures  aimed  at  women  from  minority  groups.  The  scholarly  body 
of work on intersectionality, beginning with Kimberlé Crenshaw’s work206 and black feminist thought,207 
has  made  it  impossible  for  the  literature  to  continue  to  ignore  the  particular  ways  in  which  women 
from  racial  and  ethnic  minorities  are  being  excluded  and  discriminated  against  and  has  turned  the 
conversation  towards  uncovering  the  power  relations  that  work  to  sustain  the  status  quo  in  societies 
and to prevent the  demarginalising of women  from minority groups. Crenshaw’s  work  highlighted the 
multidimensional  experience  of  intersectionality  for  Black  women  as  structural,  representational  and 
political intersectionality. She demonstrated clearly through political intersectionality how location pushed 
women of colour out of political struggles for gender equality and racial equality.208 Gender and politics 
research  has  been  exploring  the  potential  of  intersectionality  to  critically  revisit  or  to  refine  previous 

201  https://www.dr.dk/nyheder/politik/pia-kjaersgaard-det-er-helt-uhoert-hun-tog-babyen-med-i-salen. 
202  Scientific Service of the Federal Parliment (2022), Family friendly regulations for parliamentarians (Familienfreundliche 
Regelungen für Abgeordnete) www.bundestag.de/resource/blob/893022/3402cae6f825fee117572826c06cdcbc/
WD-9-012-22-pdf-data.pdf#:~:text=Einen%20Anspruch%20auf%20Elternzeit%20bzw.%20Elterngeld%20haben%20
Abgeordnete,fünf%20Jahren%20ein%20Spiel-%2C%20Still-%20und%20Wickelzim-%20mer. 
203  https://timesofmalta.com/articles/view/childcare-centre-for-parliament-by-years-end.961385.
204  The Act (2016:1108) on remuneration for Members of Parliament, Chapter 8, available (in Swedish) at https://www.

riksdagen.se/sv/dokument-lagar/dokument/svensk-forfattningssamling/lag-20161108-om-ersattning-till-riksdagens_sfs-
2016-1108.

205  House of Commons, Women and Equalities Committee Equality in the heart of democracy: A gender sensitive House of 

Commons (Fifth Report of Session 2021-22) (23 February 2022) (HC131) at para. 15, available at: https://d.docs.live.net/
ba546dda00851987/EELN%20gender%20power/gender%20sensitive%20parliament.pdf.

206  Crenshaw’s 1989 foundational article and the subsequent 1991 article which is important for defining ‘political 

intersectionality’: Crenshaw, K. (1989), ‘Demarginalizing the Intersection of Race and Sex: A Black Feminist Critique 
of Antidiscrimination Doctrine’, University of Chicago Legal Forum, p. 139; Crenshaw, K. (1991), ‘Mapping the Margins: 
Intersectionality, Identity Politics, and Violence Against Women of Color’, Stanford Law Review 43, p. 1241.

207  The Combahee River Collective is often referred to as the first expression of intersectional critique, but, as Ange-Marie 
Hancock’s work shows, Black feminists were thinking and talking about intersectionality much earlier, including in the 
XVIII and XIX century. Source: Hancock, A. (2016), Intersectionality: An Intellectual History, Oxford University Press. A detailed 
critical reading of Crenshaw’s work can be found in: Carastathis, A. (2016), Intersectionality: Origins, Contestations, Horizons, 
University of Nebraska Press.

208  Crenshaw, K. (1991), ‘Mapping the Margins: Intersectionality, Identity Politics, and Violence Against Women of Color’, 

Stanford Law Review 43, p. 1241.

66

PROMOTION OF GENDER BALANCE IN POLITICAL DECISION-MAKINGThe legislature

research findings, including on women in the legislature209 and has dispelled one of the more frequent 
arguments  put  forward,  referred  to  by  Sarah  Childs  and  Melanie  Hughes  as  the  ‘zero-sum  antiquota 
argument’210 (i.e. gender quotas benefiting high-class women at the expense of men from minorities and 
‘lower class men’).211

Progress has been made in academic thought,212 although it can still rightfully be criticised when assessed 
against the original conceptualisation and political project of intersectionality.213 However, when it comes 
to the promotion of women from minority groups to decision-making positions in the legislature, national 
legal systems are slower in reforming,214 which clearly demonstrates continued resistance by those very 
same power relations which academics criticise. International law has to some extent perceived women 
as a non-homogenous group. With this in mind, the participation of women from minority groups has 
been conceptualised as having two pillars – the general, or individual, pillar, and the community pillar, as 
discussed in Chapter 2. This enables women from minority groups to both be included in the mainstream, 
general, political life, and in the political and public life in their ethnic communities. Thus, measures to 
promote women from minority groups should be devised to work towards participation on both pillars. 
Seen through the lens of intersectionality, it is clear that this result cannot be achieved either through 
measures aimed solely at women, or through measures aimed solely at minority groups. Neither approach 
is likely to work for women from minority groups,215 since their particular realities have not been taken 
into consideration when designing and implementing such measures. Yet, as this section will show, that 
is exactly how the countries considered in this report have approached the promotion of women from 
minority groups to decision-making positions in the legislature thus far.

The findings of the report show that no country has introduced measures to promote women in decision-
making positions in the legislature that are specifically targeted at women from minority groups. There 
are also no cases of nested quotas (i.e. gender quotas within ethnic quotas). In fact, the majority of the 
countries  have  not  introduced  any  measures  from  which  women  belonging  to  minorities  can  at  least, 
possibly,  indirectly  benefit,  nor  have  any  such  proposals  been  initiated.  This  is  the  case  in:  Austria, 

209  Childs, S. and Hughes, M. (2018), ‘”Which Men?” How an Intersectional Perspective on Men and Masculinities Helps Explain 
Women’s Political Underrepresentation’, Politics & Gender Vol. 14, Issue 2, pp. 282-287; Celis, K. et al (2014), ‘Quotas and 
intersectionality: Ethnicity and gender in candidate selection’, International Political Science Review Vol. 35(1), pp. 41-54; 
Paxton, P. and Hughes, M. (2014), Women, Politics, and Power, Rowman & Littlefield, pp. 223-238; Htun, M. (2004), ‘Is Gender 
Like Ethnicity? The Political Representation of Identity Groups’, Perspectives on Politics 2 (3), pp. 439–58.

210  Childs and Hughes discuss this on the cases of India and the UK, and term the argument through the lens of caste. Source: 
Childs, S. and Hughes, M. (2018), ‘“Which Men?” How an Intersectional Perspective on Men and Masculinities Helps Explain 
Women’s Political Underrepresentation’, Politics & Gender Vol. 14, Issue 2, p. 284.

211  Childs and Hughes discuss this on the cases of India and the UK, and term the argument through the lens of caste. Source: 
Childs, S. and Hughes, M. (2018), ‘“Which Men?” How an Intersectional Perspective on Men and Masculinities Helps Explain 
Women’s Political Underrepresentation’, Politics & Gender Vol. 14, Issue 2, p. 284.

212  Being suggested to have grown to a buzzword (McCall, L. (2005), ‘The Complexity of Intersectionality’ 30 Signs: Journal of 
Women in Culture and Society 1771) and into a whole field of study (Cho, S., Crenshaw, K. and McCall, L. (2013), ‘Toward a 
Field of Intersectionality Studies: Theory, Applications, and Praxis’, 38 Signs 785.

213  Critiques of whitening, which has been equalised with undoing the intersectional project, being the most prominent 
ones. See for example: Hill Collins, P. (1990), Black Feminist Thought; Bilge, S. (2013), ‘Intersectionality Undone: Saving 
Intersectionality from Feminist Intersectionality Studies’, 10 Du Bois Review 405; Hancock, A. (2016), Intersectionality: An 
Intellectual History, Oxford University Press.

214  This has been noted in three reports by the European Commission, two of which produced by the EELN (and its 

predecessor): European Commission, ‘Tackling Multiple Discrimination: Practices, Policies and Laws’ (European Commission 
2007); Burri, S. and Schiek, D. (2009), ‘Multiple Discrimination in EU Law Opportunities for Legal Responses to Intersectional 
Gender Discrimination?’, European Commission; Fredman, S. (2016), ‘Intersectional Discrimination in EU Gender Equality 
and Non-Discrimination Law’, European Commission.
In fact, research has suggested that very different measures with different aims are being put in place to support 
participation on grounds of ethnicity (reserved seats) compared to gender (quotas). Source: Htun, M. (2004), ‘Is Gender Like 
Ethnicity? The Political Representation of Identity Groups’, Perspectives on Politics 2 (3), pp. 439-58.

215 

67

Belgium,  Bulgaria,216 Czechia, Denmark, Estonia, Finland,  France,  Germany,217  Greece,  Iceland, 
Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta,218 Norway, Poland, Portugal, 
Romania, Slovakia, Slovenia, Spain, and United Kingdom. In some countries, the fact that there are 
bans  on  collecting  statistics  regarding  race  and  ethnicity,  except  in  very  particular  situations  (such  as 
trials, or specially authorised research), can make the planning and introduction of such measures even 
more difficult, for example in France. In other countries, legislation currently in place might not allow for 
such measures, for example in the United Kingdom due to the 2010 Equality Act which allows for such 
measures only on grounds of sex.219

In the few countries where such measures exist, they are not aimed at women from minority groups in 
particular, but are prescribed in a general manner, to apply to all minorities. As discussed above, such 
measures cannot be expected to guaranteed to reach women from minority groups, thus they cannot be 
considered to be effective for ensuring participation on the general and the community pillar. Yet, since 
these are measures that also pertain to women, they are considered here, and have been identified in 
Croatia, Hungary and Sweden, and for religious minorities in Cyprus. These rules are all fashioned 
in a gender neutral (or rather, gender-blind) manner. Such prescription is usually done in the legislation 
regulating minority rights, or more rarely, as part of the general equality and non-discrimination legislation. 
Croatia has set out measures for the election of people from minorities in the Constitutional Act on the 
Rights of National Minorities. According to this act, political parties registered in the Republic of Croatia, 
voters and associations of national minorities can propose candidates for the representatives of national 
minorities and their deputies, and are guaranteed appropriate representation in representative bodies at 
national and local levels, and administrative and judicial bodies, as well as participation in public life and 
affairs through special councils of national minorities.220 A minority group that is larger than 1.5 % of the 
total population is guaranteed at least one and at the most three parliamentary seats, whereas all other 
groups comprising less than 1.5 % are guaranteed up to four MPs,221 which brings the total number to 
a maximum of seven guaranteed seats. Hungary has a particular system of minority self-governance 
(i.e. non-territorial or territorial arrangements for governance by the minority groups of certain local or 
internal affairs222), but it is mainly focused on cultural and identity preservation and on the creation of 
specific  councils  through  which  the  minority  can  cooperate  with  the  mainstream  political  institutions, 
and not on actual integration and participation in these institutions, unlike in Croatia. Despite the lack 
of a legal obligation, several political parties have put forward minority candidates on winning places 
for elections for the national Parliament and for European Union Parliament elections, and in particular 
Roma candidates (Roma are the largest ethnic minority group in Hungary, comprising 8-9 % of the total 
population). Sometimes these candidates are women, for example MEP Lívia Járóka. In Sweden, the Sami 
Parliament is a representative body solely of people of Sami heritage; the Parliament has 13 women 
and 18 men, whereas its board is composed of two women and two men, but its chair and vice-chair are 
both men. In 2008, a bill introduced an obligation to encourage and promote the political participation of, 

216 

In Bulgaria, Article 38 of the Law on Protection from Discrimination states that ‘[t]he state and public bodies and the bodies 
of local self- government conduct a policy for encouraging balanced participation of women and men, as well as representative 
participation of persons belonging to ethnic, religious and linguistic minorities in the management and the decision- making 
process.’ However, according to the Bulgarian expert, this provision was never used in practice and it hardly creates an 
enabling environment for balanced participation of women and men. In addition, there is no guarantee that this provision 
will be read as a ground particularly for women from minority groups.

217  Although, there are some voluntary commitments by individual parties.
218 

In Malta, the representation of persons with disabilities in the Parliament has recently been debated in the public. This can 
also raise to more prominence the issue of representation of women with disabilities. Source: https://timesofmalta.com/
articles/view/we-need-more-people-with-disability-in-parliament-ex-commissioner.913641.

219  A challenge to this might be coming from one political party which wants to press for a possibility to also have shortlists for 

ethnic minorities. Source: Labour: Groups press for more ethnic minority candidates - BBC News.

220  Constitutional Act on the Rights of National Minorities (Ustavni zakon o pravima nacionalnih manjina) NN Nos. 155/2002, 

47/2010, 80/2010, and 93/2011, Article 7(8) and (9).

221  Constitutional Act on the Rights of National Minorities (Ustavni zakon o pravima nacionalnih manjina) NN Nos. 155/2002, 

47/2010, 80/2010, and 93/2011, Article 19 (3) and (4).

222  For more on ‘minority self-governance’ see: OSCE, Lund Recommendations on the Effective Participation of National Minorities 

in Public Life (1999).

68

PROMOTION OF GENDER BALANCE IN POLITICAL DECISION-MAKINGThe legislature

inter alia, minority women,223 but there are no particular measures in place that would encourage greater 
involvement and participation in decision making in the legislature by minority women specifically. Cyprus 
has  rules  for  guaranteeing  the  representation  in  Parliament  of  three  religious  minorities  –  Maronites, 
Armenians  and  Roman  Catholics.  Again,  these  are  fashioned  in  a  gender-neutral  form,  meaning  that 
women can only indirectly benefit from them. In conclusion, there are no nested quotas or other similar 
measures tailored specifically for women from minority groups in any of the countries.

Non-legislative  and/or  informal  measures  or  initiatives  have  been  noted  in  some  of  the  countries.  In 
Iceland in 2022, the Directorate of Equality and the Prime Minister launched an initiative to increase 
diversity  on  electoral  lists,  since  all  representatives  in  the  national  assembly,  men  and  women,  are 
white, ethnic Icelandic people.224 In the Netherlands, such initiatives are recent, such as the ‘vote for a 
woman’ initiative, but they have focused on women. In Norway, progress has been attempted through 
soft measures, such as networking and lobbying events,225 which are focused on minorities in general, 
although women are not side-lined.

The countries where there are measures on grounds of both gender and ethnicity, such as Croatia and 
Sweden, exemplify the different treatment of the two grounds, namely that gender gets (often voluntary) 
quotas, whereas ethnicity gets reserved representation (as seats or a special body). Academic literature 
explains  this  difference  as  resulting  from  the  tendency  of  political  and  ethnic  identities  to  overlap,  as 
opposed to the cross-cutting nature of gender.226 However, it does not explain the general lack of any 
measures to encourage greater involvement and participation in decision making in the legislature for 
women from minority groups. The theory of intersectionality227 explains this as the overlooking of women 
from minority groups, who often fall through the holes of any net to protect women or to protect minority 
groups. They are not seen to either fit neatly into or to be considered specifically as part of these groups, 
but they are expected to blend in with both groups to the point of non-recognition and at the cost of 
the integrity of their identity, part of which is the intersection of gender and ethnicity and the resulting 
synergistic effect of this intersection. As a result, no specific measures are in place that would address the 
particular position of women from minority groups arising as a result of that synergistic effect.

4.5  Obstacles

Previous  research  has  identified  different  obstacles  to  the  participation  of  women  in  the  legislature, 
including in decision-making positions, from political party traditions, and electoral systems to everyday 
obstacles that have a multiplying effect, such as money and time,228 which are relevant for the European 
context.229  These  are  colloquially  summarised  as  the  ‘five  Cs’:  care,  cash,  confidence,  culture,  and 
candidate selection. They also emerge from the findings of this report, and while some originate from 
legal  provisions  and  others  from  the  lack  thereof,  all  seem  to  be  compounded  by  what  the  national 
experts perceive as ‘culture’.230

223  Government Bill Prop. 2008/09:158 From recognition to empowerment (Från erkännande till egenmakt), p. 46 availiable (in 

Swedish) at: https://www.regeringen.se/49bafd/contentassets/cb45420dc4fb44c1bb7214d3b065c5d1/prop-200809158-
fran-erkannande-till-egenmakt---regeringens-strategi-for-de-nationella-minoriteterna.

224  https://www.jafnretti.is/is/samfelag-og-vinnumarkadur/sveitastjornarmal/jatak. 
225  Predelli L. (2010), ‘Uformelle veier til makt. Om minoritetskvinners politiske innflytelse’ (Unformal ways to gain power. 

Minority women political influence).

226  Htun M. (2004), ‘Is Gender Like Ethnicity? The Political Representation of Identity Groups’, Perspectives on Politics, vol. 2, 

number 3, pp. 439-58. 

227  Crenshaw, K. (1989), ‘Demarginalizing the intersection of race and sex: a black feminist critique of antidiscrimination 

doctrine’, UCLF: pp. 139-167.

228  For example, see: Paxton, P. and Hughes, M.M. (2014), Women, Politics, and Power, Rowman & Littlefield, in particular pages 
100-183; Childs, S. and Lovenduski, J. (2013), ‘Political Representation’ in Waylen, G., Celis, K, Kantola J and Weldon, S.(eds), 
The Oxford Handbook of Gender and Politics, pp. 9-10. 

229  EIGE, Gender Equality Index 2022: The COVID-19 pandemic and care (2022), pp. 38-42. Available at: https://eige.europa.eu/

230 

publications/gender-equality-index-2022-covid-19-pandemic-and-care. 
It is beyond the scope of this report to enter into an analysis of the culture and cultural practices in each of the countries 
and to devise possible strategies for overcoming these. Mapping this cultural space and practices, and devising such 
strategies can be the subject of further research.

69

There  are  some  provisions  that  create  such  obstacles.  In  Denmark,  an  internal  rule  of  Parliament 
prohibits bringing babies in the Chamber where MPs are required to be physically present should they 
wish to speak or vote.

Some  national  experts  noted  that  the  lack  of  binding  provisions  that  would  mandate  measures,  such 
as quotas, mentoring and so on, is the actual obstacle, for example in Austria, Croatia, Czechia and 
Poland. The national expert for France cites the lack of election rules for municipalities that are less 
than 1 000 residents and the provisions on gender balance in the General Assembly, which lack legal 
bite, as obstacles. Lack of prohibition of hate crime in Estonia, which persists despite the infringement 
proceedings initiated by the European Commission, is another example of such an obstacle. The lack of 
such measures can work to deter women more than men, for example lack of maternity or paternity leave 
of the national standard (such as in Ireland,231 and Luxembourg),232 no support around the arrangements 
which arise due to travel for parliamentary sessions to the capital for MPs with constituencies outside of it 
(such as in Germany and Ireland), working hours extending into the evenings or solely evening working 
hours (such as in Malta), or an overly heavy workload that exceeds what the formal position requires 
(such as in the Netherlands at the local level, where representatives cannot fit all working obligations 
into the part-time hours that they are expected to work).

In some countries the obstacles are not only that there are no such provisions under law, but that there 
are also no policies that can work in this direction (Bulgaria).

Some national experts highlighted the culture in politics, rather than any soft or hard law as an obstacle 
(Belgium,  Cyprus,  Estonia,  Portugal  and  Spain).  The  Danish  national  expert  underlined  that  
‘[b]arriers for increased participation of women in politics are identified as unconscious bias, doing what 
we normally do, large workloads, and a hard tone of communication internally in the parties and on social 
media, where female politicians are treated especially harsh.’233 The Estonian national expert considers 
that  the  ‘[p]olitical  parties’  electoral  programs  and  procedures  do  not  support  gender  equality’.234  The 
Spanish  national  expert  emphasised  the  role  of  gender  stereotypes  regarding  the  place  and  roles  of 
women in the public sphere and in politics. Similarly, in Cyprus, women considering a career in politics 
are confronted with an environment dominated by men and masculinity that is often hostile to them. In 
the Parliament in particular, where women MPs are historically underrepresented, which is also due to 
the lack of binding measures guaranteeing their election (see Chapter 3 on Elections), the image of a 
‘men’s club’ is particularly acute. The Swedish national expert considers the outcome in Sweden to be the 
result of ‘policies and constant work based on action plans, evaluations and goal setting… [T]he pursuit 
for gender balance in decision-making does not have a natural end. On the contrary, the policies applied 
in Sweden require that gender equality issues are pursued continuously and in a determined manner.’235

Lack of regulation of the media results in a vast unrestrained space where media discourse can work to 
preserve patriarchal notions of what a woman and a man in politics should be like, thus sustaining social 

231  Recently, the case of the Minister of Justice expecting a baby, and the first minister expecting a baby while in office, 

brought to light the fact that Ministers do not enjoy the regular maternity leave, but need to take a sick leave. This arises 
because of the fact that MPs, as office-holders, pay a social insurance with which they receive no benefits (i.e. Pay-Related 
Social Insurance (PRSI) at the K1 rate of 4 %). Paternity leave is also not an option for MPs under the Paternity Leave and 
Benefits Act 2016, the Adoptive Leave Acts 1995 and 2005, the Parental Leave Acts 1998 and 2006 and the Parents’ Leave 
and Benefit Act 2019. Lack of maternity leave, or rather the related challenges in going on any leave longer than six 
months, for municipal counsellors, has been identified by the Minister for Local Government to be a deterrent for women 
to participate in local self-government, where women participate the least, and as a matter which should be resolved as a 
matter of urgency.

232  Recently a young MP in Luxembourg spoke about the lack of maternity leave for MPs. Following this, the President 

(spokesperson) stated the following: ‘the mandate of an MP is not considered as a professional activity, which means 
that labour law does not apply’. Furthermore, MPs cannot be temporarily replaced. He [the spokesperson] added that ‘no 
changes are expected, but the Chamber of deputies is studying the possibility to open a day-care centre (a crèche).’ Source: 
Luxembourg, National Report (questionnaire responses).

233  Denmark, National Report (questionnaire responses).
234  Estonia, National Report (questionnaire responses).
235  Sweden, National Report (questionnaire responses).

70

PROMOTION OF GENDER BALANCE IN POLITICAL DECISION-MAKINGThe legislature

stereotypes that can work to the detriment of women, and to everyone who attempts to bring about a 
change in society (Belgium).

In  some  countries  national  experts  do  not  consider  that  there  are  any  obstacles  arising  from  soft  or 
hard law measures or provisions (Finland, Greece, Iceland, Italy, Latvia, Liechtenstein, Lithuania, 
Luxembourg, Norway,236 Romania, Slovakia, Slovenia, and Sweden) whereas in others the experts 
note general election issues (Hungary).

4.6  Other activities for the promotion of women in decision making in the legislature

Aside from quotas and the other measures discussed so far, other activities can be undertaken that can 
work to promote women in decision making in the legislature. In the past, such activities tended to focus on 
women, insisting on training or other forms of capacity building and empowerment of women. This paints 
a picture in which women themselves are the reason for their exclusion from decision-making positions 
in the legislature and ignores the systemic obstacles that women face to reach, perform unimpededly 
to the maximum of their abilities, and remain in decision-making positions in the legislature. Moreover, 
they treat women as a homogenous category, and are rarely adjusted to target and include women from 
minority groups, women with disabilities, or lesbian, bisexual or trans (LBT) women. Recently, these sorts 
of  activities  are  becoming  more  tailored  to  target  and  include  men  and  political/party  leaders,  which 
signals a possible shift in perception and more readiness to deal with systemic challenges.

We list some of the other activities undertaken to promote women in decision making in the legislature in 
Table 2 below. Yet, most of the national experts note that this is mainly left to the political parties and it 
depends on them. The fact that these measures are not always planned in the party internal documents, 
such as statutes, suggests that this is largely flexible and depends on the will of the current composition 
of the party. Thus, the sustainability of these efforts is uncertain.

Table 2: Other activities for the promotion of women in decision making in the legislature by country

Activity

Speaking rules during meetings

Country

Austria237

Women’s groups/clubs/sections inside Parliaments  
and/or parties

Austria, Ireland, Finland238

MPs parent groups/clubs

Conferences or other discussion forums

Germany239

Malta240

Workshops and other awareness-raising activities

Austria, Czechia241 

236  See section on ‘Elections’ regarding challenges for election at the local level.
237  Features a zipper system, meaning alternating between women and men speakers.
238  Naisverkosto is a network of female MPs across party lines established in 1991 which arranges seminars and meetings, 

sends representatives to international meetings related to women’s rights, and gathers together to discuss political issues 
relevant to women.

239  The ‘Parents in Politics’ (Eltern in der Politik) federal inter-party group has been advocating for more family friendly working 

240 

arrangements since 2015. They encourage politicises on all levels to sign up to five commitments include a political free 
Sunday, family friendly political events during the weekend, effective sessions that respect committed timeframes, flexible 
working time, and fair competition – meaning that absence because of family commitment/maternity should not be 
exploited by political adversaries. Source: Eltern in der Politik (eltern-in-der-politik.de) Source: Eltern in der Politik (eltern-in-
der-politik.de).
‘In 2014, a conference on the theme of Advancing gender equality in elected office in Malta was organised, bringing 
together representatives from political parties, Members of Parliament, policy-makers and academics as well as 
representatives from civil society and the media. This Conference was organised by the OSCE Office for Democratic 
Institutions and Human Rights, in partnership with the House of Representatives, the Commission for the Promotion 
of Equality and the National Council of Women. The Conference Women’s Political Participation in Malta was held on 
3rd November 2014 at the House of Representatives.’ Source: Malta, National Report (questionnaire responses).

241  Planned with the Strategy for equality of men and women 2021-2030, yet to be implemented. The measures aim at raising 

awareness among decision-makers.

71

Activity

Awards

Mentoring

Alliance building

Leadership programme for women

Training and education

Public campaigns

Country

Czechia242

Czechia, Hungary,243 the Netherlands244

Denmark245

Hungary246

Germany,247 Liechtenstein,248 the Netherlands,249 
United Kingdom250

Germany,251 Luxembourg,252 the Netherlands,253 
Norway254

242  The Office on the Road to Equality competition has been supporting the introduction of gender equality policy and the 
principle of gender mainstreaming into the work of public administration offices internally (in the office) and externally 
(in the local community covered by the office) since 2007 (it is a continuation of the ‘Half and Half’ Office of the Year 
competition). Source: https://www.mvcr.cz/clanek/urad-na-ceste-k-rovnosti.aspx. 

243  Hungary, Governmental Resolution 1685/2020 on the adoption of the Action Plan, prepared for the European Union, 

‘The Empowerment of Women in the Family and in Society’ (2021-2030), and on the detailed plan of its implementation 
in 2021-2022 (1685/2020. (X. 22.) Korm. határozat az Európai Unió számára készített, ‘A nők szerepének erősítése a családban 
és a társadalomban’ (2021–2030) akcióterv elfogadásáról, valamint a végrehajtásának a 2021–2022. évekre szóló Intézkedési 
Tervéről), 22 October 2020, Point 2.a).

244  Kamerstuk II, ‘brief van de Minister van binnenlandse zaken en koninkrijksrelaties’, 2018-2019 30420 nr 328 retrieved from: 

https://zoek.officielebekendmakingen.nl/kst-30420-328.html.

245  The Minister for Equality started the Alliance against sexual harassment in June 2022 with the aim to focus on preventing 

and handling sexual harassment incidences in society, including in education, at work, in culture and leisure time activities, 
https://seksuelchikane.dk/.

246  Since 2018, the government-funded Mathias Corvinus Collegium runs the ‘Women Public Leadership Programme’ for women 

18-36 years of age (supported by the National Talent Program and the Human Capacities Grant Management Office).

247  For example, training on harassment and sexual harassment in the workplace in Bremen.
248 

‘A project above party lines called ‘Diversity in Politics’ (Vielfalt in der Politik) is running for eight years from 2018 to 2025. 
The main aim of the project is to improve the participation of women in all political parties and on all levels to achieve 
gender balance at all elections. The amelioration of the election procedure and structural conditions, the empowerment 
of women for politics and general political education are further goals of the project. It is organised by the association 
Frauennetz and is financed by the state and its municipalities as well as by other stakeholders of the civil society.’. Source: 
Liechtenstein, National Report (questionnaire responses).

249  Kamerstuk II, ‘brief van de Minister van binnenlandse zaken en koninkrijksrelaties’, 2018-2019 30420 nr 328 retrieved from: 

250 

https://zoek.officielebekendmakingen.nl/kst-30420-328.html.
‘All Members of Parliament and their staff have been invited to undergo inclusion training, called Valuing Everyone. As at 
June 2021 92 % of MPs and 97 % of other parliamentary staff had participated’. Source: United Kingdom, National Report 
(questionnaire responses); Independent Complaints and Grievance Scheme, Annual Report July 2020 - June 2021, October 
2021 available at: icgs-annual-report---july-2020--june-2021.pdf (parliament.uk).

251  Part of the Council of Europe ‘not in my parliament’ campaign, https://pace.coe.int/en/pages/not-in-my-parliament. 
252  Although focused on elections, rather than on the legislative, it is important here to note that at the 2017 local elections 
and in the 2019 EU Parliament elections, the Ministry for Gender Equality of Luxembourg ran an awareness raising 
campaigns under the banner ‘Vote for equality’ and ‘50/50 – Vote for parity’ respectfully. The campaign website – http://
www.50-50.lu – is no longer available. Source: Chronicle, Vote for Equality Campaign Launched in Luxembourg (13.03.2019), 
https://chronicle.lu/category/politics/29174-vote-for-equality-campaign-launched-in-luxembourg. 

253  Such as ‘vote for women’. Source: Stem op een Vrouw, (n.d.) ‘MENTORNETWERK’ retrieved from; https://stemopeenvrouw.

com/mentornetwerk/.

254  There is a long tradition of campaigning for women in elections in Norway (since the 1960s). Some recent examples 
include: the Equality Ombudsperson’s ‘Campaign for more women in politics’, the Ministry of Local Government and 
Regional Development’s ‘Showcase for women in local politics’, and local campaigns for more women on local election 
(Halsaa B. (2019), ‘Kampanjer for kvinner i kommunepolitikken (campaigns for women in local elections) in Tidsskrift for 
kjønnsforskning, Gender Research, Årgang 43 No. 3.

72

PROMOTION OF GENDER BALANCE IN POLITICAL DECISION-MAKINGThe legislature

In some countries, such activities are also undertaken by NGOs (for example, Estonia,255 France,256 and 
Ireland257), or individual political parties (for example, Luxembourg258) whereas in some there are no such 
activities reported at all (Belgium, Bulgaria, Croatia, Cyprus, Denmark, Germany, Greece, Iceland,259 
Italy,260 Latvia, Lithuania, Portugal, Romania, Slovakia, Slovenia, Spain, and Sweden261).

4.7  Relevant case law

In most countries (Austria, Belgium, Bulgaria, Czechia, Cyprus, Denmark, Estonia, Hungary, Greece, 
Iceland, Italy, Liechtenstein, Luxembourg, the Netherlands, Norway, Poland, Portugal, Romania, 
Slovakia, Slovenia, Sweden, and United Kingdom) there is no relevant case law on gender quotas, 
another positive action measure or other measures aimed at greater involvement and participation in 
decision-making in the legislature for all women, or regarding any obstacles that women have faced in 
their participation in decision making in the legislature.

Some challenges to positive action in general, and in the field of legislature, have been brought in before 
constitutional courts. In 2020, in Croatia, the Constitutional Court dismissed a case which, in essence, 
challenged the constitutionality of positive action in general. Specifically, the case filed by an applicant 
(a  natural  person)  challenged  the  constitutionality  of  Articles  12,  15  and  35  of  the  Gender  Equality 
Act,  concerning  the  gender  quotas  for  electoral  lists  and  measures  to  be  introduced  when  significant 
underrepresentation of members of one sex exists in legislative, executive and judicial bodies, including 
public  services.262  The  Constitutional  Court  held  that,  on  the  basis  of  Articles  2(4),  3  and  5  of  the 
Constitution, the legislature is entitled to regulate economic, legal and political relations in the Republic 
of Croatia, to uphold the rule of law, and to adopt rules for promoting equal opportunities between men 
and women as a way to realise one of the constitutional values of the Croatian constitutional order i.e. 
gender  equality.  In  Germany  two  state  constitutional  courts  decided  that  gender-balance  provisions 
(parity  provisions)  were  unconstitutional  as  they  were  found  to  ‘limit  the  freedom  of  elections,  as  it 
predetermined a significant part of the voters’ choice, and the parties right to act and appoint their most 
suitable/qualified candidates’.263 There is at present a case pending in front of the Constitutional Court 
of  Malta  from  an  independent  candidate  who  opposed  the  correctional  mechanism.264  In  Spain,  the 
Constitutional  Court  has  considered  the  constitutionality  of  the  electoral  quotas  on  two  occasions,  in 

255  The Estonian Debating Society, the Praxis Centre for Policy Studies Foundation and the Estonian National Youth Council 
undertake jointly a civic education project ’Local issues to the center of local elections’, supporting people to make 
informed decisions during elections. Sources: https://argument.ee/elections-2021; https://www.praxis.ee/tood/kohalikud-
teemad-kohalike-valimiste-keskmesse/.

256  Support of women at local level through trainings, tools, etc: https://www.elueslocales.fr/soutenir-et-valoriser-les-femmes-
en-politique/; Promotion of and advocacy for gender balance at national legislative level: https://www.ellesaussi.org/; 
Workshops on good practice for gender balance in political life: https://m.centre-hubertine-auclert.fr/article/evenement-
6eme-journee-du-reseau-TFE; Campaigns for youth, research grants: https://www.centre-hubertine-auclert.fr/.

257  Women for Election provides support (trainings, mentoring, and such) for women considering to run for elections: https://

www.womenforelection.ie/. 

258  There are several party specific activities that stand out. The Green Party operates a parallel speaking list for women and 

men, and gives right to speak in alternation: ‘In meetings, two lists of speech are kept in parallel for women and men. Voice 
is given alternatively to women and men’ (Source: Article 9, Statute of the Green Party). The Christian-Social Party CSV 
(Article 43 of the Statute) and the Socialist Party LSAP (Article 40 of the Statute) have specific women’s sections. The Green 
Party has a Council for Gender Equality (Article 18 of the Statute). Its aim is to elaborate the strategical orientations of the 
gender equality policy of the party. Its mission is to promote equal participation of women and men in politics, economy 
and society and to fight all sorts of discrimination grounded on sex.

259  The Iceland expert considers that these are not needed since ‘women are no longer a minority in the legislature or the 

political class.’

260  Although, professional trainings, networking and other activities have been planned, there is no firm record on them being 

implemented.

261  Please note, however, that such activities might be undertaken as part of the four year plan of the Swedish Parliament.
262  Constitutional Court of the Republic of Croatia, Case No. U-I-5339/2012 and U-I-3938/2015, Decision of 7 July 2020.
263  Germany, National Report (questionnaire responses); State Constitutional Court (Verfassungsgerichtshofs) Brandenburg, 
judgment of 23 October 2020, VfgBbg 9/19; State Constitutional Court (Verfassungsgerichtshofs) Thüringen, judgment of 
15 July 2020, Az. 9/2020, VerfGH 2/20, constitutional complaint was rejected by the Federal Constitutional Court (BVerfG) 
judgment of 6 December 2021, 2 BvR 1470/20, ECLI:DE:BVerfG:2021:rk20211206.2bvr147020.

264  https://www.maltatoday.com.mt/news/court_and_police/115456/constitutional_court_finds_for_cassola_orders_gender_

quota_case_to_continue#.Yqx7_nZBzrc.

73

2008265 and in 2009,266 finding on both occasions that they were constitutional, and that they ‘did not 
violate the principle of equality, the right to participation in public life, the freedom of political parties to 
set their candidatures, freedom of ideology or political pluralism’.267

In some countries, the quotas have been challenged in front of the administrative courts. In Finland, 
the quota provision in the Act on Equality has been challenged several times in front of the Supreme 
Administrative Court. According to a decision from 2002, the scope of the quota incudes not only the 
municipal bodies expressly named in the Act on Municipalities, but possibly even other bodies, such as 
working groups.268 In France, on several occasions the Administrative Supreme Court has confirmed that 
the gender balance rules in municipal elections should remain in place and be enforced.269

In Ireland, a man challenged the election quotas,270 established under Electoral (Amendment) (Political 
Funding) Act 2012,271 which the Supreme Court remitted back to the High Court for a full hearing, stating 
that quotas are ‘the product of extensive debate and consideration of relevant materials, both national and 
international. Furthermore, it pursues an evidently important social goal. However, it seeks to achieve that 
object by a form of positive discrimination on gender grounds, and through a mechanism of controlling 
public funding for political parties, both of which are areas of constitutional sensitivity.’

National human rights institutions have also dealt with some cases regarding the quotas. For example, 
in Finland the Equality Ombudsperson has issued 10 opinions on the quota rule.272 In France, although 
the Defender of Rights does not have a mandate in this field, they ‘did mention the principle of parity in a 
decision in employment on the refusal to recruit a male dentist administrative assistant’.273

Challenges to the measures for private life-work life balance have also been raised. In Germany, the 
Thuringia Constitutional Court was considering a case regarding an MP’s entitlement to take their children 
into  the  Parliament  chamber.  However,  the  parties  decided  to  settle  on  children  up  to  one  year  being 
allowed in the chamber as long as they did not disrupt the proceedings, whereas for older children this is 
at the discretion of the president.274

In  Ireland,  a  man  was  charged  with  harassment  of  a  woman  MP,  who  was  at  the  time  standing  for 
election.275 Using a number of fake Facebook profiles, he sent unsolicited audio-video sexual content and 
messages to the MP.276 The man caused grave concerns for the safety and dignity of the MP, who stated 
herself in the victim impact statement that she did not feel safe and that she felt sexualised in a manner 
she did not choose or want.277 He was given a suspended one year prison sentence. He was also ordered 
to stay away from the Irish Parliament. The judge considered his expression of remorse and donation 

265  Judgement of the Constitutional Court 12/2008, of 29 January 2008, ECLI:ES:TC:2008:12.
266  Judgement of the Constitutional Court 13/2009, of 19 January 2009, ECLI:ES:TC:2009:13.
267  Spain, National Report (questionnaire responses).
268  Finland, Supreme Administrative Court, Decision KHO 2002:38.
269  Council of State 11 June 2021, Conseil d’État N° 448537 ECLI:FR:CECHR:2021:448537.20210611, https://www.conseil-etat.fr/

arianeweb/#/view-document/?storage=true. 

270  Mohan v Ireland and the Attorney General [2019] IESC, https://www.courts.ie/acc/alfresco/e99bc5f8-b582-42bf-94a3-

e8a1cb0f1dcc/2019_IESC_18_1.pdf/pdf#view=fitH. It should be noted that there was no evidence that the case was further 
considered in the High Court.

271  http://www.irishstatutebook.ie/eli/2012/act/36/enacted/en/html, which amended s.17(4)(b) of the Electoral Act 1997. 
272  See https://tasa-arvo.fi/kiintiot-ja-tasapuolisuussaanto. 
273  Case available at: https://juridique.defenseurdesdroits.fr/doc_num.php?explnum_id=20363. 
274  Verfassungsgerichtshof Thüringen: Babys im Landtag (lto.de).
275  https://www.independent.ie/irish-news/courts/in-full-jennifer-carroll-macneills-victim-impact-statement-over-harassment-

276 

from-internet-troll-41640250.html. 
‘On one occasion he sent her a screenshot of a photo of her in a bathing suit on Christmas Day with he message ‘You look 
so sexy Jen. What a great body, you have’. The accused admitted to having downloaded the videos from a porn site.’ Source: 
Ireland, National Report (questionnaire responses).

277  https://www.newstalk.com/news/jennifer-carroll-macneill-online-harassment-left-me-in-fear-for-first-time-1340958. 

https://www.independent.ie/irish-news/courts/in-full-jennifer-carroll-macneills-victim-impact-statement-over-harassment-
from-internet-troll-41640250.html. https://www.irishtimes.com/news/crime-and-law/courts/circuit-court/harassment-left-
fine-gael-td-with-cold-sense-of-dread-1.4875688.

74

PROMOTION OF GENDER BALANCE IN POLITICAL DECISION-MAKINGThe legislature

to a charity nominated by the MP as extenuating circumstances.278 In Latvia, the Parliamentary Ethics 
Committee has reviewed cases of sexist speech, where women MPs were verbally attacked on the grounds 
of their gender.279 In Malta, there has been an instance of hate speech on TikTok against an opposition 
MP,280 one MP won a libel case following online hate speech,281 and other incidents of death threats282 
prompted public reactions.283 The Maltese national expert reports that some changes were undertaken 
as  a  result  of  these  threats,  including  a  2018  change  to  the  national  police  system  ‘to  facilitate  the 
capture  and  reporting  of  hate  crime  when  such  incidents  are  reported’  and  the  introduction  of  an  ‘in 
service training on hate crime to police recruits and officers through the Academy for Disciplined Forces 
following the delivery of the Training Against Hate Crimes for Law Enforcement (TAHCLE) Programme of 
the OSCE’.284

4.8  Internal regulation and sanctioning of harassment and sexual harassment

All countries covered in the report prohibit harassment and sexual harassment, and provide compensation 
or reparation options, as per their obligations under EU law285 discussed in previous reports of the EELN.286 
However,  as  this  section  shows,  this  does  not  automatically  translate  into  protection  for  persons  on 
decision-making positions in the legislative.

The national experts were asked if there is specific internal regulation and sanctioning of harassment 
and sexual harassment in the legislative branch or at the local level. In a number of countries there is 
no internal regulation and sanctioning of harassment and sexual harassment in the legislative branch 
or  at  the  local  level  (Austria,  Belgium,  Bulgaria,  Cyprus,  Germany,  Liechtenstein,  Lithuania, 
Luxembourg, Malta, Poland, Romania, Slovakia and Slovenia).

In some of the countries, the Parliament and local government staff are covered by the protection offered 
against harassment and sexual harassment in the general equality and non-discrimination legislation. 
For example, in Belgium, sexual harassment is outlawed with the 2007 Gender Act, which is applicable 
to  employment,  access  and  supply  of  goods  and  services,  statutory  social  security  schemes,  ‘social 
advantages’, and ‘access to and participation in any economic, social, cultural or political activity open 
to the public’. The situation is similar in Croatia, where both the Gender Equality Act (Article 8) and the 
Anti-Discrimination Act (Article 3), which apply in all spheres of public life, prohibit harassment and sexual 

278  Limerick Post, Suspended sentence for Limerick man who sent sexually explicit videos to TD (21.10.2022), https://www.
limerickpost.ie/2022/10/21/suspended-sentence-for-limerick-man-who-sent-sexually-explicit-videos-to-td/.

279  Kalnozols receives oral warning for his statements addressed to the member of the Parliament Čigāne (Kalnozols par 

deputātei Čigānei veltītajiem izteikumiem saņem mutisku brīdinājumu) https://ir.lv/2016/08/03/kalnozols-par-deputatei-
ciganei-veltitajiem-izteikumiem-sanem-mutisku-bridinajumu/.

280  https://www.independent.com.mt/articles/2021-03-19/local-news/PN-condemns-hate-speech-against-MP-Maria-

281 

Deguara-6736231923.
‘Rosianne Cutajar Wins Libel Cases After Being Called A ‘Whore’ Online’, https://lovinmalta.com/news/rosianne-cutajar-
wins-libel-cases-after-being-called-a-whore-online/.

282  https://www.independent.com.mt/articles/2016-02-16/local-news/Roberta-Metsola-receives-death-threat-after-speech-

283 

on-migrants-in-EP-6736153387.
In a press statement by the Equality Commission (https://ncpe.gov.mt/en/Documents/News_and_Events/Press_
Releases/2021/Press_Statement%20_EN_15_March_2021.pdf ) and by an opposition party (https://timesofmalta.com/
articles/view/pn-condemns-abuse-of-mp-maria-deguara-on-tiktok.859129).

284  Malta, National Report (questionnaire responses - follow up).
285  Council Directive 2004/113/EC implementing the principle of equal treatment between men and women in the access to 

and supply of goods and services, 13 December 2004; Directive 2006/54/EC of the European Parliament and of the Council 
of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women 
in matters of employment and occupation (recast); Directive 2010/41/EU on the application of the principle of equal 
treatment between men and women engaged in an activity in a self-employed capacity, 7 July 2010; as well as Council 
Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and 
health of workers at work, OJ L 183, 29.6.1989, p. 18.

286  For example: Numhauser-Henning, A. and Laulom, S. (2011), Harassment related to Sex and Sexual Harassment Law in 33 
European Countries - Discrimination versus Dignity, European Commission; De Vido, S. and Sosa L. (2021), Criminalisation 
of gender-based violence against women in European States, including ICT-facilitated violence, European Commission; 
Caracciolo di Torella, E. (2021), Directive 2004/113/EC on Gender Equality in Goods and Services – In search of the potential 
of a forgotten Directive, European Commission, pp. 74-75.

75

harassment, as forms of discrimination. Specifically for civil servants, i.e. for staff in the Parliament or in 
the local self-government units, the Ethical Code for Civil Servants also prohibits harassment and sexual 
harassment.287 However, there are no specific protocols aimed at protecting appointed or elected officials 
in the legislative branch. In Czechia this is covered by the Anti-discrimination Act.288 In Finland the Act 
on Equality, which prohibits sexual harassment and harassment on the ground of gender in Section 7, 
applies to state, regional and municipal administrations, but not to MPs in their parliamentary role, which 
has been established to mean ‘parliamentary activity in the context of a member of parliament’s work as 
a representative of the people’ (Section 2(2)). The national expert considers this to be problematic since 
it can be interpreted as excluding cases of harassment of, for example, the MP’s personal parliamentary 
assistant. Section 7 is not tied to sanctions, although compensation to the victims exists for some fields, 
such as working life, education, etc. In Germany this is left to the General Equal Treatment Act and up 
to the political parties, but there is no single point of contact in the federal Parliament to take cases of 
harassment and sexual harassment. However, recent initiatives seem to be underway that might change 
this.289 Harassment and sexual harassment are regulated differently in each of the state Parliaments, 
without any identifiable pattern,290 although most of them rely on the General Equal Treatment Act and 
provide training. In Iceland, the Gender Equality Act291 prohibits harassment and sexual harassment for 
all institutions and organisations in society. Under this Act, all legal entities with 25 or more employees 
should have annual gender equality plans ‘or mainstream gender equality perspectives into their personnel 
policy’,292  including  that  they  undertake  special  measures  to  ‘protect  their  employees,  students  and 
clients from gender-based violence, gender-based harassment or sexual harassment in the workplace or 
institution, social activities or schools’293 including excluding the alleged perpetrator from any decision-
making regarding the ‘working conditions of the plaintiff during the examination of the case, and the next 
superior shall take such decisions’.294 In Italy, such protection can be claimed by public servants under 
Directive 2/2019 of the Minister of Public Administration. In Norway, the Act on Gender Equality and Anti-
Discrimination applies to politics and includes within the scope of protection the staff and the elected and 
appointed officials, including for sexual harassment (Section 13).

In other countries, the regulation of the protection and sanctioning of harassment and sexual harassment 
is  done  in  the  legislation  regulating  the  civil  service  or  the  labour  legislation  in  general.  In  Estonia, 
this is done by the Equal Treatment Act and the Gender Equality Act together with the Civil Service Act 
(Article 13 protects public service applicants and public servants).295 In Greece, under the Civil Servants 
Code, the following is punishable: ‘the violation of the principle of equality, of equal opportunities and equal 
treatment of men and women in matters of employment and occupation, according to Act 3896/2010 
and the use of language introducing gendered discrimination’ and ‘any act against sexual freedom and 
especially the offence of sexual dignity of another person or any act of financial exploitation of sexual 
life, within or outside the service’.296 Prosecution for these acts results in immediate suspension.297 Back 
in 2016, a proposal to amend the Parliament’s internal regulations in order to ban sexist speech and to 
attach  sanctions  to  the  ban  were  presented  to  the  Special  Permanent  Commission  on  Equality  of  the 

287  Ethical Codex for Civil Servants (Etički kodeks državnih službenika), NN Nos. 40/2011 and 13/2012, Article 6.
288  Czechia, Act No. 198/2009 Coll.
289  See e.g. Tagesspiegel (2019), ‘Members of parliament want to take action against sexual harassment in the Bundestag’ 

(‘Abgeordnete wollen gegen sexuelle Belästigung im Bundestag vorgehen’) www.tagesspiegel.de/politik/nicht-in-meinem-
parlament-abgeordnete-wollen-gegen-sexuelle-belaestigung-im-bundestag-vorgehen/25229804.html; Sueddeutsche 
(2021), ‘SPD member of parliament complains of sexual harassment in the Bundestag’ (‘SPD-Abgeordnete beklagt sexuelle 
Belästigung im Bundestag’) www.sueddeutsche.de/politik/bundestag-spd-abgeordnete-beklagt-sexuelle-belaestigung-
im-bundestag-dpa.urn-newsml-dpa-com-20090101-210825-99-961758.

290  Wissenschaftliche Dienste ‘Umgang mit Missständen aus Über- und Unterordnungsverhältnissen im 

parlamentarischen Raum – Ergänzung zu WD 6 – 3000-099/21’ WD 6 - 3000 - 018/22 (www.bundestag.de/resource/
blob/890770/7c66ee3d0acbe757dd042fe0ed4eb31e/WD-6-018-22-pdf-data.pdf, not available anymore).

Iceland, National Report (questionnaire responses).

291  Gender Equality Act, No. 150/2020.
292 
293  Gender Equality Act, No. 150/2020, Article 14.
294  Gender Equality Act, No. 150/2020, Article 14.
295  https://www.riigiteataja.ee/en/eli/521032022001/consolide. 
296  Civil Servants Code, Article 107.
297  Article 39(1) Act 4795/2021.

76

PROMOTION OF GENDER BALANCE IN POLITICAL DECISION-MAKINGThe legislature

Greek Parliament by the ex-General Secretary for Gender Equality, Fotini Kouvela. However, they were 
never adopted, presumably due to lack of political will.298

In  some  countries  there  is  a  two-pronged  approach  –  special  protection  via  internal  regulation  and 
sanctioning  of  harassment  and  sexual  harassment  and  protection  via  the  general  non-discrimination 
framework.  For  example,  in  the  Netherlands  the  Working  Conditions  Act299  and  the  Act  on  the  Equal 
Treatment  of  men  and  women300  both  cover  the  public  service,  thus  also  the  staff  of  the  legislative 
branch.301 In Hungary, harassment and sexual harassment claims can be heard by the equal treatment 
directorate of the Office of the Commissioner for Fundamental Rights. However, internal mechanisms, 
procedures, protocols aimed at combating discrimination and harassment can also be included as part of 
equal opportunity plans – an obligation for all budgetary bodies with 50 employees – which contain soft 
provisions, although supervision of the implementation of the plans is also lacking.302 In Portugal the 
protection against harassment and sexual harassment of the public administration staff and officials is 
covered by the Labour Code,303 but this protection does not extend to elected members of Parliament as 
they are not considered to hold an employment status. This effectively leaves the protection of political 
office holders or elected persons out of the general employment legislation and civil service legislation. 
This is the case in the Netherlands, which does not extend to political office holders or elected persons 
and leaves the responsibility for the order and safety of MPs in the hands of the chairs of the respective 
legislative bodies. This does not apply to the employees working in support of elected officials, in which 
case the political party that is employing them is responsible and liable for the safety of their personnel.

In Sweden, too, while staff are covered by the Discrimination Act, which prohibits harassment and sexual 
harassment, and the Work Environment Act, which provides protection against victimisation, MPs are not 
included within the scope of protection.304 In Ireland the Employment Equality Acts 1998 to 2021 apply 
to those with the status of employees, while everyone else, meaning office-holders, such as MPs, would 
not fall within the scope of the legislation. In Greece, the abovementioned laws do not cover persons 
elected in municipal and regional councils. The adoption by the City of Athens of a policy of zero tolerance 
for sexual harassment was followed by several other municipalities.305

In Spain, the Parliament used its autonomous position under the Constitution to adopt an equality plan, in 
the context of which a protocol on intervening in cases of sexual harassment and harassment on grounds 
of sex was adopted in 2021.306 Like the equality plan, the protocol covers employees, but not MPs. Also, 
since  parliamentary  groups  have  complete  autonomy  with  regards  to  their  internal  organisation,  the 
way in which they have organised themselves is not publicly known. The autonomy of political parties 
as ‘non-profit associations made up of and governed by their members’307 was also emphasised by the 
Swedish national expert, which leads to different internal policies for achieving gender equality. In the 
United Kingdom, in July 2018 the House of Commons adopted a new Behaviour Code as part of the 
Code of Conduct for Members of Parliament,308 which applies to working in and to visiting the Parliament, 
and includes harassment and sexual harassment. A new independent complaints and grievance scheme 
was introduced in order to provide a ‘more robust complaints procedure for those who are victims of 
inappropriate behaviour including harassment and sexual harassment. Different processes and sanctions 

298  https://vouliwatch.gr/news/article/apaiteitai-periorismos-toy-sexistikoy-logoy-stin-voyli-ton-ellinon.
299  Arbeidsomstandighedenwet, Act of 18 March 1999, Stb. 1999, 184 last modified by Act of 3 March 2021, Stb. 2021, 135.
300  Wet gelijke behandeling van mannen en vrouwen, Act of 1 March 1980, Stb. 1980, 86 last modified by Act of 14 June 2014, 

Stb. 2014, 216.
301  Article 1b AETMW.
302  Hungary, Act CXXV of 2003 on Equal Treatment and the Promotion of the Equality of Opportunities (2003. évi CXXV. törvény 

az egyenlő bánásmódról és az esélyegyenlőség előmozdításáról), 28 December 2003, Article 63(4).

303  Law No. 35/2014 of 20 June 2014, and subsidiarily by the Labour Code (LC), approved by Law no. 7/2009, of 12 February 2009.
304  Discrimination Act (2008:567); Work Environment Act (1977:1160), and the adjoining Swedish Work Environment Authority 

Provisions on Organisational and Social Work Environment (AFS 2015:4).

305  EELN flash report (Greece) of 13 April 2021, ‘The City of Athens’ action programme on sexual harassment’, https://www.
equalitylaw.eu/downloads/5387-greece-the-city-of-athens-action-programme-on-sexual-harassment-114-kb. 

306  https://www.congreso.es/backoffice_doc/prensa/notas_prensa/85036_1632495389198.pdf.
307  Sweden, National Report (questionnaire responses).
308  House of Commons, Code of Conduct, (1 August 2018) HC 1474 available at: Code of Conduct (parliament.uk).

77

apply, depending on the nature of the role of the respondent.’309 The sanctions for those MPs against 
whom complaints are upheld are to be decided by an independent expert panel, which was established 
in 2020. The proposed sanctions cannot be amended or rejected by the Parliament without a debate. The 
Women and Equalities Committee conducted a recent inquiry concluding that overall, the scheme was a 
significant move forward in ‘tackling the House of Commons’ damaging culture of bullying, harassment 
and sexual misconduct.’ However, the Committee identified a number of ongoing issues, in particular the 
question of whether MPs under investigation for sexual misconduct should be suspended, in the same 
way as employees would be, given their representative role.310

The mechanisms for protection of whistleblowers in some countries also include the potential to report 
harassment and sexual harassment. In Denmark, this is the case with the 2020 Act on Whistleblowing, 
which includes the possibility for reporting breaches of the equal treatment legislation, thus also of EU 
law.311 Furthermore, pressed by the second wave of the Danish #MeToo movement, which brought to light 
a number of sexual harassment cases in the political parties, in November 2020 the Parliament adopted 
a new workplace regulation for protection against sexual harassment, which covers the Parliament as 
an employer for the administrative staff.312 In addition, a new tripartite agreement on sexual harassment 
and the promotion of a healthy work culture was adopted in March 2022;313 the agreement has been 
developed  into  a  proposal  for  an  amendment  to  an  act  and  is  undergoing  public  consultation.314  This 
legislative work was paused due to the national election in autumn 2022.

In some countries, ethics procedures have been used to report and protect against harassment and sexual 
harassment. In France, an internal review of the National Assembly was carried out and an ethics report 
was published exposing illegal practices and behaviour, including sexual harassment. As a result, there 
is  an  ongoing  process  in  the  institution  to  introduce  ‘stronger  disciplinary  sanctions  in  case  of  sexual 
harassment or mobbing of MPs or other employees of Parliament against staff, other MPs working in the 
institution’.315 While the ethical rules of the Parliament in Latvia do not mention harassment and sexual 
harassment specifically, sexist speech cases have been processed under the rules. Thus it is possible that 
the rules are being interpreted in such a way that cases of harassment and sexual harassment can be 
considered as breaches of ethics, without naming them as harassment explicitly. The sanctions in such 
cases would be ‘oral warning, written warning, written warning published in the Official Gazette, no right 
to speak at a Parliamentary sitting, and no right to participate in 1 to 6 Parliamentary sittings’.316

4.9  Violence against women in decision-making positions in the legislature

Many national experts report that the topic of online harassment and hate speech against women MPs 
and  in  the  legislature  in  general  is  becoming  more  and  more  evident  in  the  public  discourse  at  the 
national level (Austria, Croatia, Cyprus, Denmark, France, Germany, Greece, the Netherlands and 
the United Kingdom). In the United Kingdom, following the murder of Jo Cox – a woman MP murdered 
in 2017 – the Committee for Standards in Public Life carried out an inquiry into intimidation in public life. 
Their findings included many accounts by female MPs of threats and intimidation, in person and online.317 
It found that ‘no female MP who was active on Twitter has been free from online intimidation … [B]lack 
and Asian women MPs – despite representing only 11 % of all women in Westminster – received 35 % 

309  United Kingdom, National Report (questionnaire responses).
310  United Kingdom, National Report (questionnaire responses).
311  Statutory act on protection of whistleblowers section 1(1) litras a) and b) (01.11.2020).
312  https://www.ft.dk/da/aktuelt/nyheder/2020/10/seksuel-chikane. 
313  https://bm.dk/nyheder-presse/pressemeddelelser/2022/03/trepartsaftale-om-seksuel-chikane-skal-fremme-en-sund-

kultur-paa-arbejdspladser/. 

314  https://hoeringsportalen.dk/Hearing/Details/66573. 
315  France, National Report (questionnaire responses): https://www.huffingtonpost.fr/politique/article/face-au-harcelement-l-

assemblee-nationale-durcit-ses-sanctions_193336.html. 
316  Latvia, National Report (questionnaire responses - follow up).
317  Committee (December 2017) on Standards in Public Life Intimidation in Public Life, (Cm 9543) available at: Intimidation in 

Public Life - A Review by the Committee on Standards in Public Life (publishing.service.gov.uk).

78

PROMOTION OF GENDER BALANCE IN POLITICAL DECISION-MAKINGThe legislature

more abusive tweets that white women MPs. … racist, sexist, homophobic, transphobic and anti-Semitic 
abuse has put off candidates from standing for public office.’318 One year earlier, in 2016, Anna Lo – an 
ethnic minority member of Stormont, the Northern Ireland Assembly319 – withdrew from politics due to 
online and racial harassment.320

The #MeToo movement has worked as a powerful catalyst for pressure in some countries, creating social 
pressure  for  political  parties  to  undertake  investigations  among  their  own  ranks.  Denmark  is  a  good 
example of this, as a wave of internal party investigations ensued after public pressure mounted,321 and 
most political parties now have, on a voluntary basis, adopted policies for behavioural ethics, including 
complaints mechanisms. Taken together these results, according to the Danish national expert, are a ‘very 
strong witness to a heavy sexist culture in the parties, starting in the youth-groups of the parties, carried 
all the way to the members of parliament.’322

Backlash against those who speak out against the sexist culture in politics or who speak up to refute the 
continuation of stereotypical portrayal or standards for women in politics has been noted by the national 
experts from several countries (Belgium, Finland and France). Furthermore, in some countries, such as 
Poland, the topic of violence against women in politics, and in the legislature in particular, is absent from 
the public discourse.

There are some initiatives at the national level that can help to address hate speech on the internet, but 
these do not target women in the legislature specifically. For example, in Austria such initiatives have 
made it easier to demand the deletion of a post, or the prosecution of hate speech on the internet.323

Many  of  the  national  experts  reported  that  at  least  some  studies  exist  that  discuss  violence  against 
women  MPs  and  in  decision-making  positions  in  the  legislature.  In  Austria,  interview-based  research 
showed that 3 out of 4 women MPs in the National Assembly have received hate messages online.324 In 
Belgium, research on the frequency of sexist behaviour in parliamentary chambers as experienced by 
elected women reveals interesting findings: 

‘more than 77 % of the respondents said they had heard such jokes at least once (54 %) or often 
(23 %). Sexist humour maintains a social climate of discrimination against women. It reinforces 
the cohesion of the dominant group, through a feeling of belonging to a male community, sharing 
laughter  together.  The  vast  majority  of  respondents  (72  %)  felt  that  they  had  been  the  victim 
of rude or misogynistic comments about their physical appearance or clothing. The same result 
applies to remarks about the social role supposedly expected of a woman and falling within the 

318  Committee (December 2017) on Standards in Public Life Intimidation in Public Life, (Cm 9543) available at: Intimidation in 

Public Life - A Review by the Committee on Standards in Public Life (publishing.service.gov.uk) at p. 29.

319  There have been no members of this parliament of ethnic minority background since then, i.e. during the 201722 Assembly.
320  House of Commons (Northern Ireland Affairs Committee), The experiences of minority ethnic and migrant people in Northern Ireland 
- Second Report of Session 2021–22, https://committees.parliament.uk/publications/9166/documents/159683/default, p. 5.
321  The Danish expert listed a number of examples: - external investigation by KVINFO of the Radikale Venstre, a centerparty, 
showed highly sexistic culture, following allegations against the head of the party (https://www.radikale.dk/media/
dabp3uru/kvinforapport03032021.pdf ); - the Social Democratic Party, started with allegations against the mayor of 
Copenhagen (who left; https://www.dr.dk/nyheder/politik/advokatundersoegelse-af-frank-jensen-faerdig-afdaekker-12-
episoder-med-beskyldninger) external investigation by their own law firm concluded in February 2021, revealed a highly 
sexistic culture with lack of accountability (https://nyheder.tv2.dk/politik/2021-02-24-53-socialdemokrater-har-oplevet-
uoensket-seksuel-opmaerksomhed-det-seneste-aar); - external investigation by KVINFO of the Unity List, left-wing party, 
which revealed that 1 in 6 women had experience sexual harassment (https://nyheder.tv2.dk/politik/2022-03-19-hver-
sjette-kvinde-i-enhedslisten-har-oplevet-chikane); - the Conservatives, a right wing party, a review concluded in June 
2021 revealed, that 7 % experiences unwanted sexual attention, and also some serious sexual violations (https://piopio.
dk/sexisme-hos-de-konservative-tre-alvorlige-kraenkelsessager); - the Liberal Alliance, right wing party, has investigated 
serious sexual violations as early as in 2019 against leaders in their youth group, as well as investigations in 2020-21 
(https://nyheder.tv2.dk/politik/2019-02-22-politiet-efterforsker-seksuelle-overgreb-i-liberal-alliances-ungdom); - external 
investigation by KVINFO of the Socialist Peoples Party, a left wing party, revealed, that 10-13 % of men and women had 
experienced sexual harassment (http://sf.dk/wp-content/uploads/2021/04/endelig_rapport_sf_kvinfo_150421.pdf ).

322  Denmark, National Report (questionnaire responses).
323  Austrian expert to provide reference.
324  Momentum Institut, https://www.momentum-institut.at/news/politikerinnen-oft-von-hassnachrichten-betroffen. 

79

gender stereotypes, namely the roles of mother or wife. The majority of respondents were also 
confronted with derogatory comments about their marital status, private life or sexual morality 
(63 %).’325

This same research shows that women experience greater harassment before or after they take office 
(34 %), compared to during their mandate (18 %), ‘but almost one woman in five declares having been 
sexually harassed at least once as an elected representative. Furthermore, the questionnaire reveals a 
worrying rate of physical threats (death threats, rape and beatings): the proportion of respondents who 
say that this has happened to them at least once or often totals 30 %.’326 

In  Denmark,  the  findings  of  a  2021  survey  of  the  youth  chapters  of  the  political  parties  conducted 
by  the  independent  associations  Sex  &  Samfund  (Sex  and  Society)  and  Børns  Vilkår  (Children’s  Aid) 
suggest  that  sexism  and  problems  rooted  in  sexist  culture  are  factors  that  discourage  women  from 
participating  in  public  life  in  the  legislature:327  ’46  %  of  women  have  been  subject  to  unwanted  and 
harassing sexistic behaviour, and 24 % of men report the same.’328 The Danish national expert underlined 
that the results from this survey show that ‘there is a culture of not reporting incidences to the leadership 
as  the  handling  of  cases  does  not  work  well  in  reality,  and  as  the  internal  power  hierarchies,  jargon 
and relations in the youth chapters are too influential.’329 In Finland, a 2008 survey of the Parliament 
personnel showed that 15 out of 100 women had been harassed, and that in half of those cases the 
harassment came from an MP. Although some changes to the Parliament harassment policy330 resulted 
in a slight decrease in the incidence of harassment (a reduction to 6 out of 100 women), a 2018 study331 
shows  that  harassment  in  the  Parliament  is  still  present.  Another  study  showed  that  participating  in 
public discussions and in particular on specific issues such as feminism, immigration, gender equality, and 
religion, makes women twice as vulnerable compared to men.332 In Germany, Institute Allensbach (2021) 
found that 40 % percent of politicians had experienced sexual harassment (among MPs younger than 45 
years old this went up to 60 %), and 3 % experienced it ‘more often’ (7 % among MPs below 45 years of 
age).333 In Greece, a recent survey found that sexism is one of the key obstacles to free, secure and full 
participation of women in political life.334 In Lithuania, a qualitative research project documented the 
opinions of the political elite towards gender quotas, finding that men from all sides opposed quotas, and 
all measures that could support women’s political participation in general, or considered such measures 
to  be  unnecessary,  whereas  among  women  the  position  depended  on  the  political  party:  Lithuanian 
conservatives criticised the idea of   gender quotas, while social democrats evaluated gender quotas more 
positively than members of other parties. The hostility of men MPs to gender quotas grew even stronger 
as time passed and as women MPs started to demonstrate feminist awareness. Thus, although the idea 
of   gender equality is gaining more and more momentum in Lithuanian politics, opposition to it is also 

325  Montay, J. (2018), Quelles sont les principales manifestations du sexisme en politique belge? Le cas des assemblées électives, 

Faculté de philosophie, arts et lettres, Université catholique de Louvain, Main findings available in French at: https://www.
ares-ac.be/fr/actualites/88-articles/636-sexisme-en-politique-belge. 

326  Montay,J. (2018), Quelles sont les principales manifestations du sexisme en politique belge? Le cas des assemblées électives, 

Faculté de philosophie, arts et lettres, Université catholique de Louvain, Main findings available in French at: https://www.
ares-ac.be/fr/actualites/88-articles/636-sexisme-en-politique-belge.

327  Report from the associations Sex & Samfund (sex and society) and Børns Vilkår (the Danish national childrens civil rights 

organisation), https://bornsvilkar.dk/wp-content/uploads/2022/06/Samvaer-og-kultur-i-ungdomspolitiske-faellesskaber.pdf.
328  Børns Vilkår report pp. 37-47, https://bornsvilkar.dk/wp-content/uploads/2022/06/Samvaer-og-kultur-i-ungdomspolitiske-

faellesskaber.pdf. 

329  Denmark, National Report (questionnaire responses).
330  The national expert reports that the Parliament Office Commission adopted Guidelines for interfering in cases of 

‘inappropriate behaviour’.

331  Björk, A., Paavola, J.-M., Vainio, A.(2018), Sukupuolten tasa-arvon toteutuminen eduskuntatyössä: Kysely- ja haastattelututkimus 

(Gender equality in the work of the Parliament: Survey and interview-based study), Parliamentary Office.

332  Bladini, M. (2017), Hat och hot på nätet. En kartläggning av den rättsliga regleringen i Norden från ett jämställdhetsperspektiv 
(Hatred and threats in the internet. A study of the legal regulation in Norden from a gender perspective), NIKK; Nordiska 
ministerrådet, Göteborg.

333  ARD (2021), ‘Four out of ten female politicians with experience of sexism’ (Vier von zehn Politikerinnen mit Sexismus-
Erfahrungen), www.tagesschau.de/inland/innenpolitik/sexismus-politik-studie-101.htmlwww.tagesschau.de/inland/
innenpolitik/sexismus-politik-studie-101.html.
334  Vougiouka, A., Papagiannopoulou, P. (2019), op.cit.

80

PROMOTION OF GENDER BALANCE IN POLITICAL DECISION-MAKINGThe legislature

growing.335 In Malta, the Technical Committee for the Strengthening of Democracy prepared the ‘Gender 
Balance  in  Parliament  Reform’  (in  2019),  and  the  National  Commission  for  the  Promotion  of  Equality 
produced a study on gender quotas and other measures.336 In the  Netherlands, a 2021 study found 
that about 10 % of all tweets addressed to women politicians (from the executive and the legislature) 
were hateful and/or threatening, and women were addressed by their first name and in an infantilised 
manner.337  In  Norway,  a  2021  Police  Academy  report  found  an  increase  of  harassment  and  threats 
towards politicians compared to 2013, and that a majority of it is happening online, on social media. 
According to the report, women politicians are not more harassed than men politicians, but they are more 
sexually  harassed,  and  experience  more  fear  than  men.  Politicians  overall  considered  leaving  politics 
more in 2021 (14 %) compared to 2013 (6 %), but women politicians were more likely to consider it than 
men politicians. Furthermore, a larger proportion of women experience fear (approximately 68 %) than 
do men (approximately 59 %). The research concludes that ‘this can affect the recruitment to elected 
positions and that the democracy can miss out on politicians with important life experiences who should 
have a voice in politics – people who may have experienced abuse, violence and trauma that make them 
vulnerable and less resistant to incitement and threats.’338 In Spain, two studies have documented the 
‘verbal abuse of women politicians by media and/or other politicians … and the lack of response policies 
in Spain (other than regular criminal proceedings for libel or defamation).’339 In Sweden, the Swedish 
National  Council  for  Crime  Prevention  found  that  25  %  of  elected  representatives  at  all  levels  were 
subjected to some form of threat or harassment in 2020,340 and as of 2018 the prevalence is higher 
among women compared to men, with the most frequent form of abuse being harassment via social 
media. Research on municipal level found that the exposure to harassment or violence increases among 
persons in higher positions, and that ‘self-rated visibility in media is more highly correlated with violence 
for female politicians than for male’.341

The national human rights institutions in some countries are active in publishing monitoring findings or 
informing the public regarding sexism or violence towards women politicians. For example, in Croatia 
the Ombudsperson for Gender Equality often includes information on sexism and gender stereotyping in 
the media concerning women politicians in its reports.342 In Poland, the Commissioner for Human Rights 

335  Matonyte I., Mejere O. (2011), Politinio atstovavimo galimybių plėtra? Lietuvos parlamentarų požiūrio į moterų kvotas analizė 
(Expanding opportunities for political representation? Analysis of Lithuanian parliamentarians’ attitude towards women’s 
quotas), Parlamento studijos, No. 10, pp. 99-127, Available (in Lithuanian) at: https://www.lituanistika.lt/content/35584. See 
also Mejere O. (2012), ‘Does gender matter in governance? Gender quotas as a good policy tool: practice and failures in 
Lithuania’, Socialiniai tyrimai, Nr. 2 (27), pp. 46-61.

336  https://ncpe.gov.mt/en/Documents/Projects_and_Specific_Initiatives/Gender_Balance_in_Decision_Making/Gender_

Quotas_and_other_Measures.pdf.

337  De Groene Amsterdammer (2021), ‘Mysogynie als politiek wapen’, retrieved from: https://www.groene.nl/artikel/misogynie-

als-politiek-wapen.

338  Norway, National Report (questionnaire responses); Bjørgo, T., Thommassen, G., Strype, J. (2021), Trakassering og trusler 
mot politikere. En spørreundersøkelse blant medlemmer av Stortinget, regjeringen og sentralstyrene i partiene og 
ungdomspartiene. (Harrasment and threaths towards politicians at the Parliament, in the government, and in the politicial 
parties) https://phs.brage.unit.no/phs-xmlui/bitstream/item/f40667e9-4f86-4486-9419-e1a1c72e3e79/trakassering%20
og%20trusler%202021-1.pdf?sequence=1&isAllowed=y.

339  Spain, National Report (questionnaire responses); Soriano Moreno, S. (2019), Violencia y acoso en el ámbito politico como 
forma específica de violencia contra las mujeres (Violence and Harassment in Politics as a Specific Way of Violence against 
Women), Femeris 4 (3), pp. 134-157; Román Marugán, P. (2020), España: La violencia contra las mujeres en política (Spain: 
violence against women in politics), in Dhayana, Fernández-Matos, C. and González-Martínez, M., (eds), Violencia Política 
contra las Mujeres, Universidad Simón Bolivar.

340  Swedish National Council for Crime Prevention (Brottsförebyggande rådet, BRÅ), The Politician’s Safety Survey 2021 

(Politikernas trygghetsundersökning 2021), Förtroendevaldas utsatthet och oro för trakasserier, hot och våld under 2020), 
available in Swedish at: https://bra.se/publikationer/arkiv/publikationer/2021-10-28-politikernas-trygghetsundersokning 
-2021.html?lang=sv. A summary in English is availiable at: https://bra.se/download/18.79079f9d17cc01fce50ff/1635403005 
797/2021_13_The_Politicians_Safety_Survey_2021.pdf.

341  Sweden, National Report (questionnaire responses); Håkansson, S. (2021), ‘Do Women Pay a Higher Price for Power? 

Gender Bias in Political Violence in Sweden’ in The Journal of Politics, Vol. 83, No. 2. https://doi.org/10.1086/709838. Each 
year around 20 % of representatives, 30 % of committee chairmen and 60 % of municipal council chairmen are victims of 
violence in the sense of actions intentionally designed to cause physical or psychological harm.

342  See, e.g. Ombudsperson for Gender Equality (2022), Annual Report for 2021, pp. 139-143, available at: https://www.prs.hr/

application/images/uploads/Godišnje_izvješće_2021_FINAL.pdf. 

81

has  published  research,  including  on  women’s  passive  electoral  rights  (2018),343  women  in  public  life 
(2019),344 and on strengthening women’s political participation in Poland (2020).345

In  some  countries,  no  such  research  or  data  exists  (Bulgaria,  Czechia,  Estonia,346  Hungary,  Italy, 
Latvia, Liechtenstein, Luxembourg, Portugal, Romania, Slovakia and Slovenia).

Some national experts note that more research and data is needed in order to map the full scope of the 
issue (Bulgaria and Croatia).

4.10   Data collection on gender balance in public decision-making positions in the 

legislature

There are varying approaches to data collection on gender balance in public decision-making positions in 
the legislature throughout the EU and EEA countries. An overview of the mandates is provided in Table 
3, below. This is a great impediment for comparability of the data across the EU and between Member 
States, which makes the data collection work by the EIGE and the FRA even more important. The collected 
data is also not in line with the findable, accessible, interoperable and reusable standard, thus prevent 
wide (re)use including for monitoring purposes by non-state parties.

Table 3: Institutions holding a mandate for data collection on gender balance in public decision-making 
positions in the legislature, by type of mandated institution, country, and name of mandated institution

Type of mandated institution

Country

Name of mandated institution

Central gender equality authority

Belgium

Gender Institute

Luxembourg

Equality Observatory

Central statistics agency

Malta

Spain

Poland

Croatia

Czechia

Germany

Iceland

Latvia

Poland

Slovakia

Sweden

National Commission for the Promotion of Equality

Institute of Women and for Equal Opportunities

Commissioner for Human Rights and the 
Government Plenipotentiary for Equal Treatment

Bureau of Statistics

Statistical Office

Federal Statistical Office

Statistics Iceland

Central Statistical Office

Central Statistical Office

Statistical Office

Statistics Sweden

343  Research report on women’s passive electoral rights (2018), ‘Raport z badania bierne prawa wyborcze kobiet: “Kobiety 

w wyborach a mechanizmy antydyskryminacyjne – stan aktualny i prognozy na przyszłość’’ ‘[Women voters and anti-
discrimination mechanisms - current status and future projections], by Agnieszka Kwiatkowska, SWPS, available at: https://
bip.brpo.gov.pl/sites/default/files/Raport%20o%20biernych%20prawach%20wyborczych%20kobiete%2C%202018.pdf.
344  Kobiety w życiu publicznym. Raport Kantar Polska dla Biura Rzecznika Praw Obywatelskich [Women in public life. Report 

by Kantar Polska for the Office of the Commissioner for Human Rights], Warszawa 2019 available at: https://bip.brpo.gov.pl/
sites/default/files/Kobiety_w_zyciu_publicznym_Raport_Kantar_Polska.pdf.

345  Kwoty i co dalej? Udział kobiet w życiu politycznym w Polsce. Analiza i zalecenia (Quotas and what next? Women’s political 

participation in Poland. Analysis and recommendations), in: Biuletyn rzecznika praw obywatelskich (the Commissioner’s 
for Human Rights Bulletin) 2020, No. 6 Zasada Równego Traktowania. Prawo i praktyka, No. 31, Bodnar, A.(ed.); authors: 
Szypulska, A., Szczerba, A., Kwiatkowska, A., Warszawa, available at: https://bip.brpo.gov.pl/sites/default/files/Kobiety_w_
zyciu_politycznym.pdf.

346  Although the Estonian expert did report a research article from 2003 on this topic: ‘The rhetoric [in the Parliament] could be 
analysed from the stenographs/shorthand reports or from video recordings; Laas, A. (2003), ‘Stenogramm kui uurimisallikas 
(The Riigikogu Shorthand Report as a Source for Data). Eesti Sotsiaalteaduste IV Aastakonverents (The Fourth Annual Estonian 
Social Science Conference), Tallinn, 21-22 November 2003’ Source: Estonia, National Report (questionnaire responses).

82

PROMOTION OF GENDER BALANCE IN POLITICAL DECISION-MAKINGType of mandated institution

Country

Name of mandated institution

The legislature

More than one mandate holder

Denmark

Government

Legislature

Electoral body

No mandated institution

Only other (non-state) actors 
collecting data at regular intervals

Finland

Austria

France

Greece

Statistics Denmark
Institute of Human Rights

Statistics Finland
Centre for Gender Equality Information

Office of the Chancellor of Austria

High Council on Equality between Women and Men

Observatory of the General Secretariat for 
Demographic and Family Policy and Gender Equality

The Netherlands

Ministry of Education, Culture and Science

Ireland

Italy

Estonia

Houses of the Oireachtas

The parliamentary houses

State Electoral Office

Bulgaria, Cyprus, 
Hungary, Liechtenstein, 
Lithuania, Portugal, 
Slovenia, the United 
Kingdom

Belgium

Czechia

Romania

Centre for Socio-Political Research and Information

Forum 50 %

CSO Expert Forum

United Kingdom

Political parties

While  most  countries  have  given  a  mandate  to  collect  data  on  gender  balance  either  to  the  central 
statistical office or the national gender equality or human rights institution, or to both, in some countries 
there  is  still  no  institution  with  the  responsibility  to  collect  such  data  (Bulgaria,  Cyprus,  Hungary, 
Liechtenstein,  Lithuania,  Portugal, Slovenia  and  the  United  Kingdom). The mandates usually do 
not prescribe a more specific breakdown of the obligation for data collection, and they do not prescribe 
any specific analysis and publication obligations. In some countries, while no such particular mandate is 
specified, the legislative houses or the Governments collect and publish such data.

Many  of  the  central  gender  equality  bodies,  often  referred  to  as  the  gender  equality  machinery,  are 
tasked with systematically collecting data on the participation of women and men in decision making. In 
Belgium, the Gender Institute does this following election cycles. In Luxembourg, in 2019 the Equality 
Observatory was set up as part of the Ministry of Gender Equality to centralise data collection on gender 
equality and to make the data widely available.347 Inspired by the EIGE Gender Equality Index, the most 
recent  (2020)  data  collection  covered  four  areas  including  decision  making.348  In  Malta,  the  National 
Commission  for  the  Promotion  of  Equality  includes  data  on  gender  balance  in  public  decision-making 
positions in its annual reports.349 In Spain, the Institute of Women and for Equal Opportunities publishes 
the  summary  reports  ‘Women  in  Figures’.350  National  human  rights  institutions  in  general  can  play  a 
similar role, although a wider interpretation of their mandate might be needed and possible in order for 
this to happen, as for example, in Poland, where the Commissioner for Human Rights and the Government 
Plenipotentiary for Equal Treatment collect data.

Central statistics agencies in some countries are the main focus point for such data. For example, since 
2006, the Croatian Bureau of Statistics has published an annual publication ‘Men and Women in Croatia’ 

347  https://observatoire-egalite.lu/. 
348  https://observatoire-egalite.lu/prise-de-decision/.
349  https://ncpe.gov.mt/en/Documents/Our_Publications_and_Resources/Annual_Reports/NCPE%20Annual%20Report%20

2020%20(online).pdf.

350  Survey ‘Mujeres en Cifras’, statistical series and summary reports, section Poder and decision-making, https://www.

inmujeres.gob.es/MujerCifras/PoderDecisiones/PoderTomaDecisiones.htm.

83

presenting gender segregated data in different fields, including the administration of justice and political 
power.351 The Czech Statistical Office collects data on gender balance in the public sector, including in the 
legislature.352 In Germany, the Federal Statistical Office regularly publishes statistics on representation 
in all areas of life, including representation in Parliament (including gender representation per Parliament 
and  per  party),  and  on  voter  behaviour.353  In  Iceland,  data  is  collected  by  Statistics  Iceland  together 
with the Prime Minister’s Office and the Directorate of Equality.354 In Latvia the central statistical office 
collects data on gender composition in the legislature (MPs). In Norway, Statistics Norway collects data 
on gender balance in politics, including regarding elections and the legislature.355 In Poland, the Central 
Statistical Office holds a very broad mandate,356 which can be interpreted as having room to enable it 
to collect data on gender balance in public decision-making positions in the legislature, although it does 
this only occasionally. In Slovakia, the Statistical Office of the Slovak Republic has operated a gender 
equality  section  on  its  website  since  2010  (in  2021  this  was  renamed  ‘Indicator  of  equality  between 
women and men)3 5 7 and has issued the annual publication ‘Gender Equality’ (now called ‘Women and 
Men in Slovakia’),3 5 8 which covers gender representation in public life and decision making. In Sweden, 
since 1911, Swedish Statistics has monitored indicators related to representative democracy,359 and is 
under a general legal obligation to disaggregate the data by sex.360

In some countries, the task is conducted by both the state statistical office and the national human rights 
institution. In Denmark, Statistics Denmark collects, publishes and analyses data on gender balance in 
decision-making  positions  in  the  legislature,361  while  the  Institute  of  Human  Rights  comments  on  and 
monitors  the  participation  rates.362  In  Finland,  while  it  is  the  Centre  for  Gender  Equality  Information, 
operating under the Finnish Institute for Health and Welfare, that publishes information on gender balance 
in the legislature, this data mainly comes from Statistics Finland.

Some  Governments  publish  an  annual  overview  which  also  includes  data  on  gender  balance  in  public 
decision  making.  Since  2020,  the  Office  of  the  Chancellor  of  Austria  has  published  an  annual  report 
‘Women  in  political  decision-making  positions  in  Austria’  focusing  on  the  representation  of  women  in 
legislature and executive bodies.363 In France, the High Council on Equality between Women and Men has 
been very active in monitoring the gender balance in relation to elections, including in the legislature.364 
The French Minister on Equality also publishes such data.365 In Greece, the Observatory of the General 

351  Croatian Bureau of Statistics, Women and Men in Croatia (2021), available at: https://podaci.dzs.hr/media/zoyp1kuq/men_

and_women_2021.pdf. 

352  Data available at https://www.czso.cz/csu/gender/4-gender_rozhodovani. 
353  Statistisches Bundesamt, ‘Bundestag election 2021: Younger voters went to the polls more often’ (‘Bundestagswahl 2021: 

Jüngere Wählerinnen und Wähler gingen häufiger zur Wahl’) https://www.destatis.de/DE/Presse/Pressemitteilungen/ 
2022/01/PD22_036_14.html; Schorn, K., Gisart, B. (2010), ‘Wahlverhalten bei der Bundestagswahl 2009 nach Geschlecht 
und Alter’ https://www.destatis.de/DE/Methoden/WISTA-Wirtschaft-und-Statistik/2010/03/wahlverhalten-2009-032010.
pdf?__blob=publicationFile, Statistisches Bundesamt.

354  https://www.government.is/topics/human-rights-and-equality/equality/gender-statistics/.
355  See Statistisk sentralbyrås (Statistics Norways) website https://www.ssb.no/en/omssb/ssbs-virksomhet.
356  Law on Public Statistics, Article 4.
357  Available in Slovak and English at: https://slovak.statistics.sk/wps/portal/ext/themes/living/gender/publications/!ut/p/
z0/04_Sj9CPykssy0xPLMnMz0vMAfIjo8ziw3wCLJycDB0NLDx8DQ083XwCwgJcQwzNnQ31g1Pz9AuyHRUBiIXjKA!!/.

358  After the elections a new Minister of Labour, Social Affairs and Family from conservative party We are Family was 

appointed. The term of gender equality was stopped to be used on the Ministry and other institutions and was replaced by 
the term equality between men and women. Former Department for Gender Equality and Equality of Opportunities was 
renamed to Department for Equality of Women and Men and Equality of Opportunities.

359  A description in English of statistics related to gender https://www.scb.se/en/finding-statistics/statistics-by-subject-area/

living-conditions/gender-statistics/gender-statistics/. As regards the topic of this report, see: https://www.scb.se/contentas
sets/3e8d501c699849b2adb265821aa9729d/deltagande-i-beslutsfattande.xlsx.

360  The Ordinance on the Official Statistics, Section 14.
361  https://www.dst.dk/da/Statistik/nyheder-analyser-publ/bagtal/2022/2022-10-04-folketingets-sammensaetning.
362  https://menneskeret.dk/nyheder/trods-flere-kvinder-paa-stemmesedlen-sakker-danmark-bagud-paa-ligestilling-toppen-

politik; https://menneskeret.dk/koen-etnicitet-folketing.

363  https://www.bundeskanzleramt.gv.at/agenda/frauen-und-gleichstellung/gleichstellung-am-arbeitsmarkt/frauen-in-

fuehrungs-und-entscheidungspositionen/frauen-als-entscheidungstragende-in-der-politik.html.

364  https://haut-conseil-egalite.gouv.fr/parite/actualites/article/renouvellement-politique-la-parite-reelle-est-loin-d-etre-atteinte.
365  https://www.egalite-femmes-hommes.gouv.fr/publication-de-ledition-2021-des-chiffres-cles-vers-legalite-reelle-entre-les-

femmes-et-les-hommes/. 

84

PROMOTION OF GENDER BALANCE IN POLITICAL DECISION-MAKINGThe legislature

Secretariat for Demographic and Family Policy and Gender Equality (formerly known as General Secretariat 
for  Gender  Equality)366  collects  sex-disaggregated  data  from  all  legal  persons  governed  by  public  law 
and those governed by private law who come under the General Government. In the Netherlands, the 
Ministry of Education, Culture and Science monitors the gender ratio in elected bodies, public and semi-
public organisations, and publishes it annually in the ‘quickscan Genderdiversiteit’.367

In some countries, the legislative houses collect only the basic data pertaining to MPs, but nothing more. 
For example, in Houses of the Oireachtas does so for Ireland, and the different houses do for Italy.368 
Also, the key electoral bodies often manage the statistics regarding elections and the outcome of elections. 
However, in some countries, such as Estonia,369 this is the only data being collected by a state body on 
gender balance in the legislature.

Social  science  research  from  throughout  Europe  has  produced  interesting  findings.  For  example,  in 
Belgium, a study looked at the participation of women in higher posts and speech time in the regional 
assembly (plenary and committees) of Wallonia. It argued that representation matters more in terms of 
level (which position a woman holds) rather than in terms of numbers (how many women there are). This 
research revealed that 82.4 % of the speaking time was occupied by male speakers. The author argues 
that this is mainly because ‘the most strategic functions are occupied almost exclusively by men, while 
they represent only a little more than 63 % of the possible speakers, whether they are MPs (47 out of 75) 
or ministers (5 out of 8). Within the ten most talkative personalities in the Walloon parliament, the only 
woman, in fifth place, is the Minister of Employment and Health who found herself in the first line with 
the health crisis. … this is where the problem lies: elected women lose out in the distribution of important 
roles.’370

Private research organisations, think tanks and NGOs also carry out such data collection. For example, 
in Belgium, the Centre for Socio-Political Research and Information371 provides ‘systematic analysis of 
the  representation  of  women  and  men  as  candidates,  percentage  of  women  and  men  elected  and  in 
executive  positions.’372  In  Czechia,  the  CSO  Forum  50  %  regularly  collects  and  updates  data  on  the 
participation  of  women  in  politics,  including  in  the  legislature.373  In  Romania,  the  CSO  Expert  Forum 
generated data on MPs and candidates in general elections, and recommended the adoption of measures 
to  promote  gender  representation  in  decision-making  positions  in  the  legislature.374  In  the  United 
Kingdom,  Section  106  of  the  2010  Equality  Act,  which  would  require  political  parties  to  collect  and 
publish diversity data related to parliamentary candidates, is still not in force, despite the Women and 
Equalities Committee recommendation and over 10 years having passed since the adoption of the act. 
The position of the Government is that it should ‘continue the process of engaging with the parties to 

366  The General Secretariat for Demographic and Family Policy and Gender Equality is the governmental agency responsible 

to plan, implement, and monitor policies on equality between women and men in all sectors. It was founded in 1985 as 
an independent public service and today it belongs to the Ministry of Labour and Social Affairs. See also EELN flash report 
(Greece) of 12 March 2021, ‘Further degradation of the General Secretariat for Gender Equality’, https://www.equalitylaw.
eu/downloads/5367-greece-further-degradation-of-the-general-secretariat-for-gender-equality-95-kb; EELN flash report 
(Greece) of 22 July 2019, ‘Transfer of the General Secretariat for Gender Equality to the Ministry of Labour’, https://www.
equalitylaw.eu/downloads/5367-greece-further-degradation-of-the-general-secretariat-for-gender-equality-95-kb. 

367  https://www.rijksoverheid.nl/documenten/rapporten/2021/10/15/quickscan-genderdiversiteit. 
368  Camera dei deputati-Servizio Studi, XVIII legislatura, La partecipazione delle donne alla vita politica e istituzionale, Dossier 

No. 104 - Schede di lettura 7 March 2022, in: https://documenti.camera.it/Leg18/Dossier/Pdf/AC0340.Pdf; Camera dei 
deputati-Servizio Studi, XVIII legislatura, Legislazione e politiche di genere, No. 62, quarta edizione, 2 March 2022, in: http://
documenti.camera.it/leg18/dossier/pdf/ID0007.pdf?_1653066415319; Senato della Repubblica, Parità vo cercando. 
1948-2018. Le donne italiane in settanta anni di elezioni, Documento di analisi No. 13, in: https://www.senato.it/application/
xmanager/projects/leg18/attachments/documento/files/000/028/758/DossierParità.pdf. Documento di analisi No. 13, in: 
https://www.senato.it/application/xmanager/projects/leg18/attachments/documento/files/000/028/758/DossierParità.pdf. 

369  https://www.valimised.ee/en/electoral-organizers/state-electoral-office/state-electoral-office-estonia. 
370  Belgium, National Report (questionnaire responses).
371  Centre de Recherche et d’information socio-économique (CRISP).
372  Belgium, National Report (questionnaire responses).
373  https://padesatprocent.cz/cz/statistiky/zastoupeni-zen-a-muzu-v-politice. 
374  See Expert Forum NGO, Women’s participation in general elections in 2020, available at: https://expertforum.ro/

participarea-femeilor-parlamentare/. See also Expert Forum NGO, Women’s representation in Romanian Politics, 2021, 
available at: https://www.freiheit.org/sites/default/files/2021-10/de-postat.pdf. 

85

ensure greater transparency on selected parliamentary candidates ahead of the next General Election, 
rather than imposing legislative requirements through section 106 of the Equality Act.’375

4.11  Conclusion

There is a clear absence of a systemic approach to the promotion of women in decision-making positions 
in the legislature, as evident from the following key points.

 –

 –

 – With  the  majority  of  efforts  being  directed  towards  quotas  in  elections,  as  an  entry  point  to  the 
legislature, little attention is being paid to other important aspects such as decision-making positions 
inside Parliaments and local or regional councils, for example Presidents or Vice-Presidents (speakers 
of the house), chairs and deputy chairs of parliamentary bodies, secretary general or another key 
non-elected positions in the Parliament, and so on (section 4.2).
Measures for institutional and cultural transformation, such as measures adjusting procedures and 
the operation of the legislature, or the infrastructure, or finances, are slowly being put in place, but a 
significant number of countries have still not introduced any such measures (section 4.3).
There is a notable absence of an intersectional perspective on the issue of the promotion of women 
in  legislative  decision-making  positions,  as  seen  from  the  fact  that  there  are  no  countries  with 
measures that directly address the promotion of women from minority groups, and few that have 
such measures in place for minorities from which women can also benefit (section 4.4).
From the national reports it is clear that the obstacles to the promotion of women in decision-making 
positions in the legislature are diverse but, according to most, the main obstacles are a negative 
culture in politics and gender bias, which acts to deter women, and the lack of binding provisions to 
promote the women in the legislature (section 4.5).
Although some soft measures and programme activities have been undertaken (section 4.6), putting 
forward binding provisions remains a challenge.
The lack of legal bite of any provisions is well reflected in the general lack of case law on this matter 
(section 4.7).

 –

 –

 –

 –

 – While all countries have legislation protecting against harassment and sexual harassment, legislative 
houses and regional or local councils themselves rarely have such internal protection mechanisms. 
The scope of protection often leaves elected officials without such protection due to their status as 
‘elected’ rather than ‘employed’, which can deter women (section 4.8).
Violence against women in decision-making positions in the legislature is becoming a more prominent 
topic,  largely  thanks  to  the  MeToo  movement.  Yet,  it  is  currently  facing  a  backlash  and,  in  most 
countries, an outpouring of online violence and hate speech, which recently has been moving from 
the virtual to the real world (section 4.9).
Countries generally mandate either the central statistical office, or the gender equality or human 
rights institution to collect data on women in decision-making positions in the legislature. However, 
this mandate often lack any specific analysis and publication obligations. In addition, comparability 
across the EU is hindered by the varying approaches throughout the Member States (section 4.10).

 –

375  House of Commons, Women and Equalities Committee, (17 June 2022), Equality in the heart of democracy: A gender sensitive 
House of Commons: responses to the Committee’s fifth report of session 2021-22 (HC417), available at: https://committees.
parliament.uk/publications/22678/documents/166671/default/.

86

PROMOTION OF GENDER BALANCE IN POLITICAL DECISION-MAKING5  Executive

5.1  Introduction

The executive branch of government is another area where important political decisions are taken that 
can  have  significant  influence  on  many  areas  of  life.  While  it  is  widely  known  that  women  are  often 
overrepresented in the civil service in many countries, this is not the case for senior positions. In those 
positions that come with the power to shape policy, to take decisions with long-lasting influence and that 
combine a demanding portfolio with high rates of pay and prospects for career progression, women tend 
to be underrepresented. How can this reality be reversed? How can law and policy shape a more gender-
balanced  executive?  How  can  women  be  encouraged  not  only  to  access  but  also  remain  in  positions 
with decision-making powers within the executive? What obstacles do they face and how can these be 
addressed?

In this chapter we map legislation and policy available in the countries covered in this report that seek 
to increase women’s presence in senior positions within the executive. By executive, we refer to different 
governmental levels – state, federal, regional – presidents, presidential councils, regulatory agencies and 
the public administration. National experts were asked to provide information on high political and public 
officials in positions with decision-making powers that are relevant in their national context. The chapter 
includes  discussion  on  legally  binding  and  other  measures  available  for  the  promotion  of  women  in 
decision-making positions and any case law generated, formal and informal obstacles for women to access 
and retain such positions, the existence of policy or other measures fostering institutional and cultural 
transformation, and any internal mechanisms and processes to tackle gender-based discrimination. We 
also include information on measures for minority women where available.

5.2   Measures for the promotion of women in decision-making positions in the 

executive 

The countries included in this report have adopted a range of measures aimed at increasing women’s 
presence, retention and more active role in decision-making positions within the executive. Legally binding 
measures include representation quotas within executive bodies and institutions, different positive action 
measures  and  work-life  balance  provisions.  In  some  countries,  even  though  no  legal  obligations  exist, 
Governments have declared a commitment to increasing gender balance in the executive and have taken 
measures  in  that  direction.  At  the  level  of  public  administration,  there  are  example  of  more  inclusive 
recruitment and promotion processes that seek, at least on paper, to increase gender balance. 

Table 4: Measures by country

Measure

Country

Quotas in some executive bodies

Belgium, Germany,376 France, Greece, Portugal, Slovenia, Croatia377

Other types of positive action

Germany, Austria

5.2.1  Legally binding measures

As  table  4  shows,  binding  legislation  stipulating  measures  for  gender  balance  in  the  executive  exist 
in  several  countries,  such  as  Belgium,  Croatia,  France,  Germany,  Greece,  Ireland,  Portugal  and 
Slovenia. 

In some federal states. 

376 
377  National legislation allows the possibility to adopt such measures. 

87

In Belgium, some federate entities have adopted legislation providing that each sex should be represented 
in at least one third of positions within executive bodies; this is the case in Wallonia and the Brussels 
Capital Region.378 In addition, Belgium has legislation concerning gender balance in bodies with advisory 
competences at federal and federate levels. At federal level, the Act of 20 July 1990 stipulates measures 
for  gender-balanced  representation  in  bodies  with  advisory  competence.379  In  the  Walloon  Region, 
legislation sets a minimum of 35 % representation for each sex in bodies with advisory competences.380 
However, as the Belgian national expert notes, the law allows for derogations which may weaken the 
measures’ potential.

In Croatia, there are no upfront positive measures such as quotas or tie-break policies in the executive, 
but the legislation allows for their adoption if deemed necessary. According to the Gender Equality Act, 
equal  participation  of  men  and  women  in  inter  alia  the  executive  including  the  public  service,  will  be 
promoted by applying special (positive) measures to gradually increase the share of the underrepresented 
sex to match the level of its share in total population.381 Such special measures should be introduced by 
law and other regulations when there is a substantial unbalance of one sex, i.e. the share of one sex is 
under 40 %.382 However, there are no sanctions for failure to introduce positive measures, which makes 
the provision rather weak. Additionally, gender equality legislation prescribes the obligation to take into 
account gender-balanced representation when making appointments to state bodies and bodies of local/
regional self-governing units and other legal persons vested with public authorities, as well as diplomatic 
offices and members of the boards, commissions and delegations representing the Republic of Croatia at 
international level.383 However, there are again no sanctions for not meeting gender balance obligations 
for these appointments. 

In Germany, the Act for the equality of women and men in the federal administration and in the federal 
courts, which was significantly reformed in 2021, aims to achieve parity by 2025 in the entities falling 
within its scope of application.384 Legislation at federal and federate levels contains obligations to further 
gender equality, including through affirmative action and positive measures such as gender quotas, as well 
as equal opportunity officers and measures for the reconciliation of working and family life. Most of these 
pieces of legislation oblige public institutions to enact equality plans to increase women’s representation 
at  all  levels  of  employment,  and  to  hire  or  promote  women  instead  of  equally  qualified  men,  unless 
there are exceptional reasons to decide in favour of the male candidate. In recent years, some states 
have started to amend their equality laws and civil service acts by introducing gender quotas with the 
requirement of substantially equal qualification for the civil service.385 Substantially equal qualification 
exists if the current official assessment of the applicant and the competitor showed an equivalent overall 
assessment.  The  approach  allows  for  more  flexible  assessments  of  an  applicant’s  qualifications.  For 
instance, a difference of 0.1 points in marks and assessment may not lead to the conclusion that one is 
more qualified than the other. Thus, equal qualification is still required but is applied in a less formalistic 
way.386 

378  Walloon decree of 7/9/2017 amending the code of local democracy and decentralisation in order to guarantee a balanced 
presence of women and men in the municipal and provincial colleges of Wallonia. Brussels Ordinance of 1 March 2018 
amending the new communal act in order to ensure a balanced presence of women and men in communal colleges. 
In the French-speaking Community, the decree of 3 April 2014 on the balanced representation of women and men in 
consultative bodies to meet the two-thirds obligation for functional reasons or reasons related to the specific nature of the 
consultative body.

379 

380  Decree of 3 April 2014 on the balanced participation of men and women in the advisory bodies of the Wallonia-Brussels 

Federation.

381  Article 12(1), Gender Equality Act.
382  Article 12(3), Gender Equality Act. 
383  Article 12(4) and (5) of the Gender Equality Act. 
384  The Act applies exclusively to the federal administration and to federal companies and courts and includes highest federal 
authorities (Federal courts, authorities and administrative bodies of the direct federal administration, including those in the 
field of the armed forces, and corporations, institutions and foundations under federal public law).

385  E.g. North Rhine-Westphalia, Mecklenburg Pomerania and Lower Saxony. 
386  Further discussed in Deutscher Juristinnenbund e.V.: “Frauenquote” im nordrhein-westfälischen Beamtenrecht - die 

vorsichtige Weiterentwicklung in NRW sollte nicht in Frage gestellt werden (djb.de).

88

PROMOTION OF GENDER BALANCE IN POLITICAL DECISION-MAKINGExecutive

In  France,  there  have  been  significant  efforts  in  the  last  two  decades  to  increase  gender  balance  in 
decision  making  within  the  executive  with  a  range  of  legislative  measures  introduced  across  several 
governance  levels.  Legislation  prescribes  gender  parity  in  regional  governments  and  in  the  municipal 
governments of towns of more than 3 500 residents.387 Another piece of legislation introduced in 2012, 
the  Sauvadet  Law,388  sought  to  improve  gender  balance  in  high  level  positions  in  the  French  public 
administration by introducing a 40 % quota for women as high level executives and executive managers 
in  the  civil  service.  In  addition,  a  40  %  gender  quota  is  prescribed  for  the  executive  boards  of  public 
institutions, in recruitment panels, selection committees and organisations in charge of promoting social 
dialogue. These quotas are enforced with fines that range from EUR 50 000 to 90 000. The executive 
branch of departments at the local level must also respect gender balance (50 %).389 Gender balance 
measures exist also in the field of research and education where the lists for appointments in different 
educational institutions must alternate women and men candidates.390 The Law of February 2014 bans 
any  doubling/accumulation  of  executive  local  appointments  with  an  elective  mandate  as  a  legislative 
representative (Senate or General Assembly) or and executive local appointment with being a member 
of the European Parliament, in order to renew gender diversity in politics and to give the opportunity for 
parties to promote gender balance with more vacant executive local positions.391 The Law on real equality 
of 2014 extends gender balance to executive positions of sports federations, public organisations with 
a for-profit activity (EPIC), chambers of commerce, and chambers of agriculture.392 The Law on equality 
and citizenship of 2017 imposes gender balance on high school student representatives in youth councils 
in  all  local  executive  bodies  (municipal,  department,  regional),  in  national  and  academic  commissions 
for high schools, and in the national council on real estate. It also provides for parity in the High Council 
on Equality and in all cultural commissions of public institutions under the supervision of the Ministry of 
Culture (40 % gender balance for nominations after Jan 1 2018).393 The Law on the transformation of 
the public service of August 2019394 reinforces gender balance in appointments in local administrations 
and public bodies for inter-municipal cooperation (EPCI) in municipalities of more than 40 000 residents, 
evaluating  over  the  whole  term  of  appointments  (to  avoid  replacements  in  the  course  of  the  term). 
The gender balance obligation is also extended to the National Centre for Territorial Public Service, and 
the  political  appointment  of  heads  of  public  institutions  decided  during  the  Prime  Minister’s  cabinet 
meetings. The Law of 27 December 2019 on local political engagement and public action modifies the 
Electoral Code to reinforce gender balance in executive bodies of public establishments in charge of inter-
municipal governance (EPCI). The law amends the pact of governance between EPCI and municipalities 
to set objectives of parity in the presiding bodies and commissions.395 The law on accelerating economic 
and professional equality of 2021 imposes parity in the public institutions (BPI) in charge of awarding 
investments to companies.396

In Greece, legislation provides that at least one third of the appointed members of service councils must 
belong to each sex; the law further stipulates that, if the composition of the service council does not 

387  Loi n°2007-128 du 31 janvier 2007 tendant à promouvoir l’égal accès des femmes et des hommes aux mandats électoraux 

et fonctions électives.

388  Loi Sauvadet, Loi n° 2012-347 du 12 mars 2012 relative à l’accès à l’emploi titulaire et à l’amélioration des conditions 
d’emploi des agents contractuels dans la fonction publique, à la lutte contre les discriminations et portant diverses 
dispositions relatives à la fonction publique.

389  Loi n° 2013-403 du 17 mai 2013 relative à l’élection des conseillers départementaux, des conseillers municipaux et des 

conseillers communautaires, et modifiant le calendrier électoral.

390  Law of 22 July 2013 (Law Fioraso).
391  Loi organique du 14 février 2014 interdisant le cumul de fonctions exécutives locales avec le mandat de député ou de 

sénateur et loi du 14 février 2014 interdisant le cumul de fonctions exécutives locales avec le mandat de représentant au 
Parlement européen.

392  Loi n° 2014-873 du 4 août 2014 pour l’égalité réelle entre les femmes et les hommes.
393  Loi n° 2017-86 du 27 janvier 2017 relative à l’égalité et à la citoyenneté. 
394  LOI n° 2019-828 du 6 août 2019 de transformation de la fonction publique.
395  LOI n° 2019-1461 du 27 décembre 2019 relative à l’engagement dans la vie locale et à la proximité de l’action publique.
396  LOI n° 2021-1774 du 24 décembre 2021 visant à accélérer l’égalité économique et professionnelle. 

89

fulfil the requirements, it is unlawful.397 In addition, at least one third of board members of legal persons 
governed by public law, appointed by the state or local authorities, must belong to each sex.398

As the Irish national expert reports, in Ireland the prime minister politically balances gender and geography 
in his or her cabinet. In recent years, various pieces of legislation setting up state boards and committees 
have contained provisions requiring appointments to have either a set minimum number of male and 
female  members  or  to  have,  as  far  as  reasonably  practicable,  an  equitable  balance  between  women 
and men.399 Appointments to state boards are managed by the Public Appointments Service.400 There are 
statistics on the numbers applying for advertised positions and the resultant outcome; all statistics are 
broken down by gender and are reported on per calendar quarter.401 These are detailed statistics showing 
the position, the numbers of both males and females who applied for the position and then the numbers 
of  males  and  females  so  appointed.402  It  must  be  emphasised  that  such  boards  are  mainly  statutory 
bodies, for example, the Residential Tenancies Board, which has a regulatory remit and a quasi-judicial 
role in relation to tenancies, or the Road Safety Authority. A few such bodies (e.g. commercial semi-state 
companies)  are  incorporated  as  companies.403  However,  they  are  not  listed  companies.  In  the  case  of 
state/semi-state companies set up by statute, directors are appointed by the relevant minister (or the 
Government of Ireland, as provided in the relevant statute). The relevant statute more usually provides 
that there should be a gender balance on the board. The relevant Minister404 appoints the members of the 
board of a commercial semi-state company and ensures that there is a gender balance on the board. The 
Programme for Partnership Government of May 2016 provides that there should be at least 40 % female 
representation on state boards.405 

In  Portugal,  while  political  appointments  are  not  subject  to  any  measures  for  gender  balanced 
representation, measures exist for regulatory agencies and staff in an employment relationship in the 
ministries  and  Government  cabinets.  According  to  the  law,  the  members  of  boards  of  independent 
regulatory agencies must include at least 33 % of each sex while the presidency of the board must be 
occupied by persons from both sexes alternately.406 When it comes to the heads of divisions in ministries, 
since  they  perform  their  activity  under  a  public  employment  contract,  they  are  covered  by  general 
employment law for the public service. These highly qualified administrative officials (known as ‘pessoal 
dirigente da Administração Pública’), also benefit from specific legislation that imposes the principle of 
balanced representation of women and men in managerial positions in the public administration and in 
the boards of public entities, including public foundations, public institutes, public associations and public 
universities.407 Under this legislation, each sex must be represented by at least 40 %.408 Therefore, when 

397  Service councils are administrative authorities whose task is laid down by Article 103(4) of the Constitution: ‘Civil servants 
may not be transferred without an opinion or lowered in rank or dismissed without a decision of a service council 
consisting of at least two thirds of permanent civil servants. The decisions of these councils are subject to recourse before 
the Council of State’.

398  Article 6(1)(b) of Act 2839/2000.
399  Such legislation includes for example Section 12 of the Inland Fisheries Act 2010; Section 98 of the Adoption Act 2010; 
Schedule 1 Article 4 of the Charities Act 2009; Section 8 of the Broadcasting Act 2009; Section 19 of the National Asset 
Management Agency Act 2009. 

400  https://www.stateboards.ie/en/info-and-resource-hub/list-of-vacancies.
401  https://www.stateboards.ie/en/info-and-resource-hub.
402  For example in quarter 3 of 2022, the numbers appointed are males 49 % and females 51 % notwithstanding that the 

applications were 60 % male and 39 % female. Taking this snapshot, there appears to be gender balance. In this quarter, 
appointments were made to the National Gallery of Ireland, Failte Ireland (national tourist board), Ervia (a national utility 
company), Transport infrastructure Ireland and many other national bodies. https://www.stateboards.ie/documents/
activity/State%20Boards%20Activity%20Q3%202022.pdf.

403  For example, Dublin Bus, Irish Rail and Bus Éireann (all designated activity companies). The holding body, Córas Iompair 

Éireann, is a statutory corporation. The Government of Ireland is the sole shareholder. There has been a policy of appointing 
both men and women to the boards of these companies and bodies. Such companies are not listed on the stock exchange.
In some cases, the appointment is by the Government of Ireland.

404 
405  https://merrionstreet.ie/MerrionStreet/en/ImageLibrary/Programme_for_Partnership_Government.pdf (see Sections 11.11 

and 11.13) of the ‘Programme_for_a_Partnership_Government May 2016’.

406  Article 17 (8), Law No. 67/2013, of 28 August 2013 (‘General Features of Administrative Independent Agencies for the 

Monitoring of Economic Activity in the Private and in the Public Sector’ – ‘Lei-Quadro das Entidades Reguladoras’).

407  Gender balance in public companies is governed by a different piece of legislation. 
408  Article 4, Law No. 26/2019, of 28 March 2019. 

90

PROMOTION OF GENDER BALANCE IN POLITICAL DECISION-MAKINGExecutive

nominating someone for a highly qualified and to a certain extent, political task in the public administration, 
ministers are bound to comply with these provisions. In Slovenia, gender equality legislation requires at 
least 40 % representation of each sex in the composition of consultative and coordinating bodies, working 
bodies and delegations established by the law governing the Government of the Republic of Slovenia and 
the Rules of Procedure.409

5.2.2  State policies and other non-binding measures

State policies and other non-legally binding measures aimed at increasing gender balance in the executive, 
especially in positions with decision-making powers, have been identified in a number of countries covered 
in this report, such as in Austria, Croatia, Iceland and the Netherlands.

In  Austria,  advertisements  for  public  service  jobs  often  contain  tie-break  clauses,  stating  that  if 
candidates  are  equally  qualified,  the  female  candidate  will  be  given  preference,  after  an  objective 
evaluation. However, as the Austrian expert notes, in practice, the question of what constitutes ‘equal 
qualification’ is not straightforward. This is probably why tie-break clauses have given rise to a number of 
discrimination cases initiated both by male and female candidates. In the Netherlands, the Government 
announced in 2021 that ministries and their executive agencies will strive for a gender balance in the range 
of 45-55 % by 2026. In addition, the Government strives towards appointing equal numbers of women 
and men in advisory bodies and independent executive bodies. Gender balance was taken into account 
when forming the most recent cabinet in 2021; it is the first cabinet to feature 50 % female ministers 
and 44 % female state secretaries. Importantly, the cabinet also featured the first ever female minister 
of finance, which is considered the second most important position, after the prime minister. In Iceland, 
there is a generally positive environment towards gender balance – and supported by Article 28 of the 
Gender Equality Act No. 150/2020 stipulating that care shall be taken to ensure as equal a representation 
of men and women as possible, and not lower than 40 % when there are more than three representatives 
in a body in government and municipal committees, councils and boards. When nominations are made 
to national and local government committees, councils and boards, both a man and a woman must be 
nominated.  However,  the  nominating  party  may  deviate  from  that  condition  when,  in  consequence  of 
objective circumstances, this is not possible. In such cases, the nominating party must explain the reasons 
for this.

5.3   Measures for institutional and culture transformation for the promotion of 

gender balance in decision-making positions in the executive

As many national reports highlight, the obstacles facing women pursuing high profile careers within the 
executive are often not attributed to legal provisions. Some of the most significant obstacles are structural 
and related to the culture within institutions, such as working cultures more attuned to men’s lives rather 
to women’s, deep-seated biases that work against female candidates or networking opportunities that 
are inaccessible to women. Due to their nature, such obstacles are difficult, if not impossible, to challenge 
by using anti-discrimination legislation. What is urgently needed is therefore broader institutional and 
cultural change to make decision making within the executive more inclusive of women. 

In this section, we map initiatives and measures that seek to cultivate a more gender-balanced environment 
in the executive. These exist in a number of countries covered in this report such as in Austria, Croatia, 
Czechia,  France,  Germany,  Italy,  the  Netherlands,  Spain  and the  UK.  We have identified a range 
of promising initiatives such as the adoption of equality plans, networking and mentoring opportunities 
for  women  or  work-life  balance  measures  –  e.g.  maternity  leave  –  for  women  holding  political  office 
when  they  would  normally  be  excluded  from  generally  applicable  legislation  in  the  area  of  work-life 
balance. The adoption of equality plans in public administration is an initiative promoted, and often legally 

409  Article 14 of the Equal Opportunities for Women and Men Act. 

91

required, in several countries. The extent to which these plans deliver on their transformative potential is, 
however, not clear. 

In Austria, many public institutions have adopted equality plans for the promotion of women in their 
service. Such plans normally contain an explicit commitment to raise the number of female employees, 
rules  on  non-discriminatory  job  advertisements,  gender-neutral  formulation  of  job  requirements,  tie-
break clauses for recruitment, as well as a commitment to raise awareness regarding gender equality, 
and  the  introduction  of  an  equal  treatment  representative  and  mentoring  programmes.  However,  as 
the Austrian national expert notes, equality plans tend to have limited impact as they fail to penetrate 
and transform company/institutional culture and practices that impede women’s advancement, such as 
late-day meetings, overlap of work schedules with school/kindergarten, and the prevention of ‘old boys’ 
clubs. In Croatia, public administration bodies and legal persons that are majority-owned by the state 
are required to analyse the position of women and men within their institution and adopt action plans 
every four years to promote and establish gender equality, which may include positive action measures 
if necessary.410 The Office for Gender Equality has to approve the action plan before it is implemented. 
Examples of positive measures that can be introduced include tie-break policies concerning employment 
and appointment to specific commissions or working bodies, making sure that family commitments do not 
affect equal opportunities in promotion and training, and making sure that gender equality legislation and 
protection mechanisms are made known to staff. Failure to adopt the action plan may lead to financial 
sanctions  for  a  misdemeanour  offence  for  responsible  persons  in  public  administration  bodies  in  the 
amount of EUR 400 to EUR 1 330 (HRK 3 000 to HRK 10 000) (Article 34(1), Gender Equality Act), or 
for legal persons that are majority-owned by the state, EUR 3 990 (HRK 30 000) (Article 34(1), Gender 
Equality  Act).  Additionally,  the  Croatian  Association  of  Counties  established  a  platform  for  networking 
and the exchange of experiences of women in decision-making positions at local level, with the aim of 
promoting the participation of women.411

In France, a collective agreement was transposed into legislation, the 2019 Law on the transformation 
of  public  service,  which  promotes  equality  between  men  and  women  in  the  public  administration  by 
requiring  the  enactment  of  a  three-year  gender  equality  plan.  The  plan  includes  measures  such  as 
evaluating,  preventing  and  correcting  gender  pay  gaps,  guaranteeing  equal  access  to  positions  in  the 
public service, work-life balance, procedures against discrimination, mobbing and sexism. In Germany, 
the  Act  for  the  equality  of  women  and  men  in  the  federal  administration  and  in  the  federal  courts412 
imposes requirements for job advertisements to motivate women applicants. The duties entail shortlisting 
female candidates, as well as, hiring or promoting women instead of equally qualified men, unless ‘legally 
protected  interests  of  a  competitor  prevail’.413  The  Act  also  contains  provisions  on  work-life  balance 
–  including  part-time  and  telework  where  possible  –  and  requires  the  development  of  equality  plans. 
The Equal Opportunities Officer can object and potentially apply to court if the plans are not developed 
according to the stated requirements. The Act also considers the assessment of qualifications and merit 
in  some  detail.  In  Italy,  public  employers  are  required  to  design  three-year  equality  plans;  in  case  of 
non-compliance, recruitment procedures may stop and the entity can be excluded from access to public 
funds.414 Equality plans may contain positive action measures for gender balance in jobs and at levels 
where  women  are  underrepresented.415  Moreover,  in  hiring  and  promotion  procedures,  where  between 
equally  qualified  male  and  female  applicants,  the  male  one  is  chosen,  the  public  administration  must 
justify the decision. Additionally, the law requires that at least one third of the members of the commission 
for public competitions (i.e. for hiring procedures) must be women, except if there is a justified reason for 
it being impossible. 

410  Article 11(1) and (2), Gender Equality Act.
411  See Project ‘Women in politics’ (‘Žene u politici’), Croatian Association of Counties (Hrvatska zajednica županija), available at: 

https://hrvzz.hr/projekti/zene-u-politici. 

412  Bundesgleichstellungsgesetz- BGleiG.
413  The possibility to treat men preferentially if they are structurally disadvantaged, has been abolished, as the legislature did 

not see such structural disadvantage to exist.

414  Act No. 198/2006. 
415  Underrepresentation is defined in the law as less than one third of the total. 

92

PROMOTION OF GENDER BALANCE IN POLITICAL DECISION-MAKINGExecutive

Gender equality legislation in Spain creates an obligation for the Government to approve, at the beginning 
of each mandate, a plan for equality between women and men in the general state administration and 
in the public bodies linked to or dependent on it.416 Equality plans apply to staff of the administration but 
not to members of the government. Article 64 of Law 3/2007 is specifically dedicated to the equality plan 
between women and men in the State General Administration. Equality plans must contain objectives 
in relation to equal treatment and equal opportunity, as well as the strategies and measure to achieve 
those objectives. The plan must be negotiated with the legal representatives of the employees within the 
organisation and it must be monitored annually. The latest adopted plan (‘III Plan for gender equality in the 
State General Administration’) contains 6 horizontal axes with 68 measures regarding: transformation of 
organisation, awareness and training, work conditions and promotion, work-life balance, violence against 
women and intersectionality. There is no report on how effectively it has been implemented, although, 
according to the Spanish expert, most of the measures are considered to have been implemented. No 
sanctions  are  provisioned,  nor  do  the  objectives  proposed  have  any  indicators  as  to  what  constitutes 
effective implementation. 

In the Netherlands, the Government, as part of its broader commitment to inclusion in political decision 
making, provides training, orientation programmes and networking events, as well as establishing centres 
of expertise aimed at including more women in decision-making positions and processes. Moreover, the 
Government intends to monitor the reasons motivating politicians to step down from their positions or to 
abandon politics altogether. In Czechia, a competition, ‘Office on the Road to Equality’, has supported the 
introduction of gender equality policies and gender mainstreaming into the work of public administration 
offices since 2007. Every public administration body should incorporate the Government’s priorities for the 
promotion of gender equality into its work in at least two ways: internally, (towards its own employees), 
as well as externally (towards the population living in the local authority). The governmental Strategy for 
equality of men and women 2021-2030 sets gender balance in decision-making positions as one of its 
priorities. One of its strategic objectives is increasing the representation of women in decision-making 
positions, broadly understood as covering public authorities, state and local government. In relation to 
public  administration  leadership,  the  focus  is  on  promoting  mentoring  and  addressing  women’s  low 
representation  in  senior  positions.  The  strategy  also  considers  gender  balance  in  the  membership  of 
advisory bodies.417 

In the UK, legislation equips the Prime Minister with the power to grant Government ministers with six 
months of maternity leave on full ministerial pay. It also enables some senior members of the official 
Opposition to take six months of paid maternity leave.418 This power was first utilised in 2021 when Suella 
Braverman (then Attorney General) took six months of maternity leave during which she was designated 
‘Minister on Leave’ and temporary cover for her was provided by the promotion of another minister. 

5.4   Mechanisms for the involvement and participation in decision making in the 

executive for minority women

There seems to be a significant gap when it comes to measures encouraging the participation of women 
from minority groups in decision making. Οut of all the countries covered in this report, only Croatia 
and the UK  have a relevant law and/or policy framework in place. In Croatia, national minorities are 
entitled  to  appropriate  representation  in  representative  bodies  of  local  and  regional  self-governing 
units,  which  includes  representation  in  executive  bodies.419  This  entitlement  implies  that  in  such  local 
communities, a deputy mayor or prefect must be a member of a minority, which has to be regulated 
in the statute of the local/regional unit. If this right is not exercised, additional elections are held, until 

416  Article 64 of the Law 3/2007 on Effective Equality.
417  Fulltext of the Strategy available at: https://www.vlada.cz/assets/ppov/rovne-prilezitosti-zen-a-muzu/Aktuality/Strategie_

rovnosti_zen_a_muzu.pdf.

418  The Ministerial and Other Maternity Allowances Act 2021. 
419  Article 21(1) Constitutional Act on the Rights of National Minorities (Ustavni zakon o pravima nacionalnih manjina),  

Nos. 155/2002, 47/2010, 80/2010, and 93/2011.

93

a member of the executive from the minority group is elected. Neither of these obligations is designed 
specifically to increase participation of women from minority groups, but they may have a positive impact 
on participation of women from minority groups in executive bodies at local level.

In the UK, the civil service has a diversity and inclusion strategy;420 it has also appointed champions across 
a range of protected characteristics including race, and runs a range of mentoring and training schemes. 

Even in states where there is a robust legal and policy framework in place to support women’s advancement 
and retention in leadership positions within the executive, such as in France, there has been little to no 
consideration of the unique challenges facing women from minority groups in this area. The underlying 
assumption,  therefore,  seems  to  be  that  any  measures  put  in  place  will  equally  benefit  all  women  in 
accessing and progressing in decision-making positions within the executive. The French expert further 
reports that lack of statistics on ethnicity and race raises challenges in terms of visibility and social policy 
or positive action for women from ethnic minority groups. 

In  Finland,  there  has  been  public  debate  on  the  disproportionately  low  number  of  people  with  an 
immigrant background among decision-makers, and some political parties are trying to develop relevant 
initiatives. However, there is no indication that legal or state policy measures are contemplated.

5.5 Softorhardlawmeasures/provisionscreatinganobstacleforgenderequality

orhinderingwomen’sparticipationintheexecutive

The responses of national experts show that it is rarely the existence of legal provisions that hinders 
women’s access to and participation in decision-making positions and processes in the executive. Many 
national  experts  (such  as  in  Austria,  Bulgaria,  Cyprus,  Lithuania,  Poland  and  Slovakia)  highlight 
the lack of any measures to promote women in decision-making positions within the executive as one 
of the main obstacles for advancing equality in this area. Cultural barriers have been cited in a number 
of  countries  such  as  in  Austria,  Cyprus,  Germany,  and  the  Netherlands.  Cultural  barriers  include 
stereotypical  views  on  women’s  aptness  for  leadership,  women’s  traditional  caring  roles,  deep-seated 
biases interfering in hiring and promotion processes, as well as the way in which work is organised and 
performed, with long working hours and frequent travel required in high executive positions. For instance, 
the German expert notes issues such as working part time and extended periods of parental leave that 
are  typical  of  women’s  working  patterns  in  the  executive  –  and  of  course  elsewhere  –  disadvantage 
them  in  terms  of  career  progression.  She  also  notes  the  difficulty  of  gathering  evidence  to  expose 
discriminatory practices regarding the assessment of candidates. The Bulgarian national expert reports 
a lack of political will and the low priority assigned to gender equality by the Bulgarian Government in 
recent years. She notes that since 2016 there has been a significant backlash concerning gender equality 
and women’s rights, which poses important obstacles for progress in this area. 

There are, however, some exceptions where national experts identify a more direct effect of the law in 
hindering women’s retention and advancement in the executive. The legal barriers identified are mainly 
in relation to work-life balance provisions and the exclusion of high-level executives from the personal 
scope of application. In Hungary,421employees in executive positions are not protected against dismissal 
during parental leave, which is a leave of up to three years, most often taken by women. In Luxembourg, 
ministers are not covered by labour law legislation, including work-life balance measures and protection 
against discrimination, which has caused difficulties for women in such high-level positions. In Austria, 
according to the national expert, parental leave is still structured in a way that makes it unattractive for 
men to take more than a few weeks, if any. Fathers have the right to stay with their newborn child for up 
to a month within the period of eight weeks after birth. However, paternity leave shortens the length of 

420  Civil Service Diversity and Inclusion Strategy: 2022 to 2025 - GOV.UK (www.gov.uk).
421  Those excluded from dismissal protection during parental leave will normally be employees overseeing the work of other 

at the highest executive level and their deputies. See Article 208(1) Hungarian Labour Code. 

94

PROMOTION OF GENDER BALANCE IN POLITICAL DECISION-MAKINGExecutive

parental leave – in this sense, it is not an independent form of leave per se, but rather, a special form of 
parental leave for fathers who want to stay with their newborn after birth. The situation is different for 
mothers. During this time, fathers can also claim part of their childcare benefits (Kinderbetreuungsgeld), 
which includes statutory health benefits in kind. However, the benefits for this month are quite low (a fixed 
rate of EUR 22.60 per day in 2021).422 In comparison, mothers are entitled to maternity benefits mirroring 
their previous income. Moreover, in order to receive these benefits, the fathers have to show, among other 
things, that they live in the same household as the child and the mother. As a result, this requirement 
makes it impossible for separated fathers or non-traditional fathers/parents that do not cohabit with the 
mother to take the leave. During parental leave, the benefits tend to be quite low, which also makes it 
unattractive for fathers.

5.6 Effectivenessofmeasures

In  this  section  we  discuss  the  effectiveness  of  the  measures  adopted  to  promote  gender  balance  in 
decision-making positions within the executive in light of the information available to the national experts. 
The  discussion  focuses  on  the  countries  with  legally  binding  measures  in  place  (Belgium,  Croatia, 
France,  Germany,  Greece,  Ireland,  Portugal  and  Slovenia).  We  also  include  some  discussion  on 
Iceland which, despite the lack of legal measures in this area, was highlighted by the national expert 
as a good example of a country that has achieved gender parity in key decision-making areas within 
the  executive  mainly  through  a  long-standing  commitment  to  gender  equality  in  all  areas  of  life.  In 
relation to countries that have adopted only limited measures, which often have no legally binding effects, 
experts were not in a position to evaluate their effectiveness due to lack of available data or because the 
measures in question are limited in scope and thus unable to deliver overarching change. This is illustrated 
for  instance  in  the  case  of  Greece.  As  the  Greek  expert  reports,  while  quotas  for  the  participation  of 
the  underrepresented  sex  on  service  councils  were  established  in  2000,  to  date,  there  has  been  no 
assessment of their effectiveness in increasing women’s numbers in these positions within the executive. 

In  Belgium,  according  to  the  national  expert,  the  legislation  has  had  a  positive  impact  in  increasing 
women’s  participation  in  decision-making  positions  in  the  executive.  However,  the  positive  impact  is 
limited  to  certain  lower  level  positions  while  most  high-level  positions  within  governmental  cabinets 
– where no positive measures exist – are still male-dominated. While most recent Governments have 
placed an emphasis on achieving parity within political executive bodies, which has increased the number 
of  women  leading  ministries,  women  are  still  underrepresented.  One  of  the  reasons  for  this,  as  the 
national expert notes, is that the culture is still not seen as inclusive, which is illustrated by recent cases of 
women exiting politics and high-level decision-making roles. While the provisions introduced in Germany 
have, according to the national expert, potential for meaningful impact on the representation of women, 
progress has been very slow. However, the annual equality index for 2021 identified some increase in 
women’s representation and female leadership within the highest federal administrative bodies that had 
not been noted in previous years.423 The key question remains that of enforcement. The Equal Opportunities 
Officer’s ability to seek legal recourse to administrative courts has recently been expanded. However, it is 
questionable whether the enforcement rights of the Equal Opportunities Officer, i.e. challenging actions in 
court, are effective, given the officer’s status of dependency within the institution.

In  France,  the  legislative  framework  seeking  to  ensure  gender  balanced  representation  in  decision 
making within the executive is wide and robust. As the French expert notes, there have been more efforts 
for gender balance in the executive rather than the legislative branch, because of the very centralised 
structure of the French state, the barriers linked to the election to the General Assembly and political 
parties’ reluctance to apply gender balance measures. Gender balance efforts in the executive branch 

422  See Paragraph 3 Family Time Bonus Act (Familienzeitbonusgesetz), BGBl. I Nr. 53/2016.
423  Federal Statistical Office (2022), Gleichstellungsindex 2021. Gleichstellung von Frauen und Männern in den obersten 

Bundesbehörden (Equality Index 2021. Equality between men and women in the highest federal administrative bodies), 
https://www.destatis.de/DE/Themen/Staat/Oeffentlicher-Dienst/Publikationen/Downloads-Oeffentlicher-Dienst/
gleichstellungsindex-5799901217004.pdf?__blob=publicationFile.

95

have not only targeted appointment procedures but take a broader approach of focusing on the working 
environment  within  administrations  by,  for  instance,  implementing  a  gender  equality  action  plan.  The 
numerous  pieces  of  legislation  that  have  been  introduces  concern  all  levels  of  administration,  while, 
according to a pending bill, even small towns of less than 1 000 residents will have binding legislation in 
this area. Monitoring and enforcement have been key elements of success; the High Council on Equality 
is empowered to impose fines on public administrations that do not respect gender balance rules and 
nudges administrations to self-enforce and rigorously implement them.

The two positive action measures available in Portugal have been successful in increasing the number 
of women in some decision-making positions in the executive. According to the Portuguese expert, the 
gender quotas for the boards of regulatory agencies have been very effective in making it possible for 
women to ascend and lead such bodies in a regular manner. When it comes to highly qualified officials 
within  ministries  and  other  public  institutions,  the  gender  quota  in  place  is  also  deemed  a  successful 
measure. As the national expert reports, many heads of division in ministries and other highly-ranked 
administrative officials in managing positions in Portugal are now women.

The national expert reports that measures in Slovenia have not been effective and that women continue 
to be underrepresented in executive decision making.

In Ireland, the Top-Level Appointments Committee appoints persons to senior roles in the civil service 
at secretary and assistant secretary level in Government departments. In its most recent report of May 
2022, the Committee notes that in 2021, 17 general roles and 3 specialist roles were advertised. The 
report noted that it was Government policy to encourage gender diversity in the civil service. In 2021, 
54 % of those appointed to the top roles were women with 46 % being men; in 2020, 59 % of appointees 
were female with 41 % being men, and in 2019, it was 62 % men and 38 % women. The report also 
noted that the number of women making it through to final interview has increased while the number of 
men has decreased. It was also noted that in 2018, more women than men had been appointed to the 
top two grades in the civil service.424 

The Croatian expert reports that legal measures on the representation of minorities seems to have had 
a positive impact on minority women.425 Currently, the share of women among deputy mayors belonging 
to minority groups stands at 38.9 %. While there are no studies to corroborate this conclusion, it is an 
educated  guess  that  the  guaranteed  rights  of  participation  for  minorities  have  a  positive  impact  on 
encouraging women from minority groups, especially in smaller communities, to engage in politics. 

In Iceland, despite the lack of legally binding measures, almost 50 % of high decision-making positions 
at the level of central Government – the first tier of administration – are held by women.426 This result is 
achieved, according to the national expert, thanks to a long-standing attitude of cultivating a supportive 
environment for women to access, remain and progress in decision-making positions in the executive. 
Currently, women make up around 45 % of ministerial positions within the cabinet; in addition to a female 
Prime Minister, women lead several ministries, such as foreign affairs, culture and business affairs, food, 
fisheries and agriculture among others. 

5.7  Case law on quotas or other measures

There is limited case law concerning gender quotas and other measures discussed in this chapter. Rulings 
have been reported only in Austria, Croatia and France.

424  https://www.eolasmagazine.ie/secretaries-general-in-profile/ (List of secretary-generals of the various government 

departments – September 2022).

425  The Constitutional Act on the Rights of Minorities.
426  https://www.government.is/topics/human-rights-and-equality/equality/gender-statistics/.

96

PROMOTION OF GENDER BALANCE IN POLITICAL DECISION-MAKINGExecutive

In  Austria,  the  Supreme  Court  and  the  Constitutional  Court  have  ruled  on  tie-breaker  clauses  in 
recruitment  and  promotion  procedures  on  a  number  of  occasions.  For  instance,  the  Supreme  Court 
(Oberster Gerichtshof, OGH) has ruled that a tie-breaker clause (if present) has to be observed during 
an appointment procedure for a public service post.427 In the same ruling, the Supreme Court has held 
that the violation of a requirement to promote women (such as the above-mentioned clause) does not 
constitute discrimination per se – but only if this violation can be shown to have discriminatory effects 
for the female candidate(s). The Supreme Court has also ruled that an ‘automatic’ preference of female 
over  male  candidates  (that  are  equally  qualified)  –  meaning  that  there  is  no  additional  evaluation  to 
consider  reasons  that  may  also  lie  within  the  person  of  each  candidate  –  amounts  to  discrimination 
against men.428 The Constitutional Court (Verfassungsgerichtshof, VfGH) has held that it does not amount 
to discrimination if women are advantaged if the female sex is a necessary requirement for obtaining the 
benefit in question (the case dealt with an evaluation of gynecologists who applied for a contract with a 
public health care provider).429 

In Croatia, two Constitutional Court rulings have indirectly touched upon the issue of special measures in 
the field of gender equality.430 In Decision U-III-248/2018, out of 11 members of the State Judicial Council, 
a body responsible for the appointment of judges, 10 were men. According to the Constitutional Court, that 
fact did not violate the principle of equality. The role of the State Judicial Council is to ensure the rule of 
law, and this value takes precedence over gender equality. Similarly, in Decision U-I-1397/2015, the Court 
annulled the provision in the legislation on elections, which provided for automatic invalidity of gender 
imbalanced election lists, i.e. those where one sex is represented at less than 40 %. When weighing two 
equally important constitutional values, such as gender equality and a multiparty democratic system, the 
latter takes precedence. According to the Croatian expert, both rulings seem to confirm that any special 
measure aimed to ensure the equal representation of both sexes can be weighed against other equally 
important values of the Croatian constitutional order, such as the rule of law or respect for a multiparty 
democratic system, and that those values can outweigh gender equality under certain circumstances.

In France, constitutional rulings have considered the conformity of the implementation of gender balance 
(50  %  quota)  in  appointments  in  light,  for  example,  of  the  principle  of  strict  formal  equality,  which 
concerned gender balance for the composition of the new National Social and Economic Council, which 
is in charge of advising the Government and is made up of union and management representatives. The 
Constitutional Council recalled with force in its reasoning that the parity rule of a 50 % quota is enshrined 
in Article 1 of the Constitution, which deserves the highest respect. Thus the application of gender balance 
to the National Social and Economic Council was not unconstitutional.431 Another case concerned a law 
in  a  university  setting  that  applied  the  parity  rule  only  to  appointments  of  a  balanced  representation 
of women and men lecturers and not to tenured professors which must compose special committees 
selecting public university presidents. The Constitutional Council, citing the parity rule enshrined in the 
Constitution, considered that the law was constitutional because the pool of candidates (lecturers and 
professors) for elections to the general selection committees were already abiding by the parity rule and 
that  if  any  change  was  to  affect  the  composition  to  these  more  specialised  selection  committees,  an 
executive order could be adopted since, according to the separation of powers, the law only sets general 
principles that the Government implements.432 

427  OGH 23. 11. 2010, 8 ObA 35/10w.
428  OGH 17. 12. 2001, 1 Ob 273/01 f; OGH 30. 1. 2001, 1 Ob 80/00 x.
429  VfGH 9. 12. 2014, V 54/2014.
430  Constitutional Court, Decision U-III-248/2018 of 22 May 2018, para. 25 and Decision U-I-1397/2015 of 24 September 2015, 

paras. 123-124.

431  Décision n° 2010-608 DC du 24 juin 2010 on the constitutionality of the Loi organique relative au Conseil économique, 

social et environnemental.

432  Décision n° 2015-465 QPC du 24 avril 2015, https://www.conseil-constitutionnel.fr/decision/2015/2015465QPC.htm 

Conférence des présidents d’université [Composition de la formation restreinte du conseil académique].

97

5.8   Internal mechanisms and procedures against gender-based discrimination 

and harassment

In Austria, there is the Equal Treatment Commission for the Public Sector – a Commission that issues 
non-binding  decisions  on  the  violation  of  equal  treatment  provisions  and  plans  for  the  promotion  of 
women in the public sector. In France, as the national expert reports, there have been strong efforts to 
monitor sexual harassment through the action plan on equality, which is adopted every three years.433 A 
decree issued in 2020 details the procedure of filing claims and provides guidance to civil servants who 
are  victims/survivors.434  Management  centres  are  in  place  to  manage  the  mechanism,  procedure  and 
protocol to follow for territorial executive bodies and their local institutions. In Germany there are equal 
opportunity officers or women’s representatives. The BGleiG requires a ‘Equal Opportunities Officer, Deputy 
and Representative (i.e. trusted person)’ for institutions that have more than 100 employees. According to 
Section 25, the Equal Opportunities Officer has the task of promoting and monitoring the implementation 
of  this  Act  and  the  General  Equal  Treatment  Act  with  regard  to  the  protection  of  employees  against 
discrimination on grounds of sex, in particular discrimination against women. This includes the protection 
of women with a disability or women at risk of disability, as well as protection against sexual harassment 
in the workplace.

In a number of countries, there are no specific rules in place but the general legal framework applicable 
to sex discrimination and harassment at work will normally apply to women in decision-making positions 
in the executive, provided they fall within national definitions of employee. This is the case, for instance, 
in  Belgium,  Denmark,435  Croatia,  Iceland,436  Italy,437  Finland,438  the  Netherlands,439  Romania,440 
Spain441 and the UK.442

In  some  countries  (Bulgaria,  Latvia,  Liechtenstein  and  Poland)  experts  reported  the  lack  of  any 
mechanism. 

5.9   State institutions tasked with data collection on gender balance in public 

decision-making positions in the executive

In the majority of countries covered in this report there is a state institution collecting data on gender 
balance  in  public  decision-making  positions  in  the  executive:  Austria,  Belgium,  Croatia,  Czechia, 

433  This is since 2019 when the law of transformation of the public service was introduced.
434  Décret n° 2020-256 du 13 mars 2020 relatif au dispositif de signalement des actes de violence, de discrimination, de 

harcèlement et d’agissements sexistes dans la fonction publique.

435  The Act on Equal Treatment of Men and Women in Employment applies to all employees, including those in decision-

making positions within the executive.

436  The Gender Equality Act No. 150/2020 which applies to all institutions and organisations in society regarding the 

prohibition of gender-based discrimination and/or harassment and sexual harassment. The internal mechanisms dealing 
with harassment claims would be the human resources department within the ministries.

437  As regards staff, in public administration, Directive N. 2/2019 of the Minister of Public Administration applies; it includes 

guidelines for the promotion of equal opportunities in the Public Sector.

438  The Act on Equality applies to all areas of life, except religious communities and private life relations. The provisions of the 

439 

Act related to sanctions are not applied to the activities of MPs and the President of the Republic when exercising these 
roles. Thus, the prohibition of discrimination including harassment applies to government and public administration.
In the Netherlands, protection against harassment and sexual harassment are provided under both labour law (Working 
Conditions Act) and equality and non-discrimination law (Act on the Equal Treatment of Men and Women). However, these 
pieces of legislation only apply to employees and exclude political office holders. 

440  Law 202/2002 on equal opportunities for women and men.
441  Cases of harassment, sexual harassment and harassment on grounds of sex can be brought before the Courts. Indeed, one 
of the first criminal trials of sexual harassment publicly discussed in Spain concerned precisely a municipal councillor and 
the mayor of Ponferrada, a town in Castilla y León.

442  Equality Act 2010 will usually be relevant: - The Public Sector Equality Duty (S149) which requires public authorities to have 

due regard to the need to: eliminate unlawful discrimination, harassment and victimisation and other conduct prohibited 
by the Equality Act 2010; advance equality of opportunity between people from different groups; and foster good relations 
between people from different groups. - The general prohibitions on discrimination and harassment provisions in the 
Equality Act 2010 will be relevant to employees within the executive. These include a provision that employers will only be 
able to avoid liability for harassment by other employees where they have all reasonable steps to prevent it (Section 109).

98

PROMOTION OF GENDER BALANCE IN POLITICAL DECISION-MAKINGExecutive

Denmark, France, Germany, Greece, Iceland, Ireland, Latvia, Luxembourg, Malta, the Netherlands, 
Norway, Slovakia, Spain, Sweden, UK. No such institution has been identified in: Bulgaria, Cyprus, 
Estonia, Hungary, Italy, Liechtenstein, Poland, Romania and Slovenia.

5.10  Conclusion

In this chapter we have examined measures introduced to increase gender balance in decision making 
positions  within  the  executive.  Different  measures,  such  as  positive  action  in  hiring  and  promotion 
processes and work/life balance provisions, have been introduced. However, quotas are the most popular 
tool when it comes to legally binding measures. As with other areas we cover in this report, quotas can be 
effective when coupled with effective sanctions for non-compliance; yet they are not enough in achieving 
transformative change. Women face a range of obstacles in accessing and remaining in decision making 
positions within the executive:

 –

 –

Gender-based  discrimination  and harassment is often cited as an important obstacle. However, 
only a handful of countries have internal procedures to deal with such issues. Reliance on criminal/
penal law provisions is often unsuitable to offer effective and preventive protection
Exclusion  from  labour/equality  law  protections  for  some  high  executive  officials  who  do  not 
normally fall within the notion of employee, such as Ministers;

 – While available to them on paper, women in high-profile positions in the executive are often unable 

to access work/life balance measures in practice;

 – Work culture that does not fit women’s lives, such late meetings, frequent travel and less networking 

opportunities
Lack of political will and general backlash against women’s rights

 –

Some of the obstacles highlighted are attributed to law and could thus be tackled with legal interventions, 
such as extending maternity-related rights to all women within the executive. However, many obstacles 
are not due to legal restrictions or exemptions, and must therefore target institutional structures.

In several countries there are initiatives underway aiming at an institutional and cultural transformation: 

 –
 –

Equality Plans for the Administration are popular tools in many countries;
However, there is lackofempiricaldataastotheireffectiveness

Overall, institutional commitment to cultivating a supportive environment for women to access and 
retain decision making positions within the executive is of outmost importance. 

99

6  Public enterprises

6.1  Introduction

In  this  chapter,  we  take  a  detailed  look  at  the  legislative,  policy  and  institutional  frameworks  and 
approaches in place for promoting women in decision-making positions in public enterprises. We focus 
on positive action, measures for supporting women from minority groups, protection from harassment 
and  sexual  harassment,  and  data  collection.  The  developments  in  this  area  have  undoubtedly  been 
encouraged by the now adopted Directive (EU) 2022/2381 of the European Parliament and of the Council 
of 23 November 2022 on improving the gender balance among directors of listed companies and related 
measures443 (for more on this proposed directive, see Chapter 2).

We find that the countries have been increasingly dealing with the issue of women on boards, and more 
so since the proposal for a directive for gender balance on executive boards started to gain momentum 
at EU level (see section 2.5 European Union). In this respect, this is progress compared to the findings of 
the 2018 report ‘Gender-balanced company boards in Europe’ by Linda Senden and Sonja Kruisinga.444 
There  seems  to  be  an  overwhelming  reliance  on  quotas  and  no  measures  for  women  from  minority 
groups. In a number of countries, the specific position of board members might exclude them from any 
protection system against harassment and sexual harassment that may be in place. The approaches to 
data collection are diverse, with some countries still not having mandated any institution to collect data 
on women in decision-making positions in the legislature.

6.2   Positive action for promotion of gender balance in decision-making positions 

in public enterprises

Most of the positive action undertaken for the promotion of gender balance in decision-making positions 
in  public  enterprises  is  in  the  form  of  quotas,  and  it  is  focused  on  boards,  and  less  so  on  CEOs  or 
directors (exceptions include Sweden and Norway). This overlaps with the approach put forward by the 
Gender Balance on Company Boards Directive, thus attesting to the link of these developments to the EU 
legislative action. A number of the countries under review have introduced some sort of quota either by 
law or policy (such as Austria, Germany, Greece, France, Iceland, Ireland, Italy, the Netherlands, 
Norway,  Spain  and  Sweden).  Some  countries  have  supported  the  implementation  of  quotas  with 
additional measures (such as Denmark, Poland and Portugal). Few countries rely on general equality 
duties, such as the public sector equality duty, in order to achieve gender balance in decision-making 
positions (Slovenia and the United Kingdom). While ways of monitoring progress are usually attached 
to the quotas, sanctions rarely are.

In Iceland, no gender can be represented among members or alternate members with less than 40 % in 
companies with more than 50 employees whose board is composed of more than three members – both 
genders must be represented on the board. All public limited companies with more than 25 employees 
must report the relevant statistics to the register of limited companies. According to the Act on Public 
Limited Companies445 and the Gender Equality Act446 ‘employers must take steps to place a particular 
emphasis on achieving equal representation of women and men in managerial and influential positions, 

443  Directive (EU) 2022/2381 of the European Parliament and of the Council of 23 November 2022 on improving the gender 

balance among directors of listed companies and related measures, https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=u
riserv%3AOJ.L_.2022.315.01.0044.01.ENG&toc=OJ%3AL%3A2022%3A315%3ATOC. 

444  Senden, L. and Kruisinga,S. (2018), Gender-balanced company boards in Europe: A comparative analysis of the regulatory, 

policy and enforcement approaches in the EU and EEA Member States, European Commission.

445  Act on Public Limited Companies (No. 2/1995 with later amendments) https://www.government.is/lisalib/getfile.

aspx?itemid=008e5636-3900-11e8-9427-005056bc4d74.

446  Gender Equality Act, No. 10/2008, https://www.government.is/lisalib/getfile.aspx?itemid=008e5636-3900-11e8-9427-

005056bc4d74.

100

Public enterprises

the beneficiary being the under-represented sex.’447 In Spain in 2019, after failing to produce results,448 
the  2007  aspirational  quota  of  40  %  representation  of  each  gender  on  boards  was  replaced  with  a 
mandatory one and equality plans for all enterprises with over 50 employees will become compulsory 
as of 2022.449 Austria initially set the quota for supervisory boards of (semi)public enterprises in 2011 
to  35  %  of  each  gender  by  2018,  and  raised  it  to  40  %  in  2020.450  There  is  no  prescribed  quota  for 
the  management  boards,  which  results  in  much  lower  general  representation  (20  %  in  management 
boards, as opposed to 46.6 % in supervisory boards). In Sweden, the target is to have a minimum of 
40 % board representation for both women and men, but for boards of up to 10 members (directors) 
there is also a set minimum number of positions for each gender depending on the size of the board: 
a  minimum  of  one  of  each  gender  for  boards  of  up  to  three  members;  a  minimum  of  two  of  each 
gender for boards of four or five persons; a minimum of three of each gender for boards of sex to eight 
members; and a minimum of four of each gender for boards of nine members. For boards of 10 or more 
members,  at  least  40  %  should  be  from  each  gender.451  The  Swedish  State  Ownership  Policy  states 
aspirations for state enterprises, including that they ‘have to be exemplary in gender equality work and 
work actively on gender equality issues in their operations, especially in connection with appointments 
to senior management’ including when it comes to creating and cultivating a sound and healthy work 
environment, and good and decent working conditions. The selection of directors is made from a ‘broad 
recruitment base in order to make use of the expertise of both women and men, as well as individuals 
with various backgrounds and experience. Discrimination associated with gender, transgender identity or 
expression, ethnic affiliation, religion or other belief, disability, sexual orientation or age is prohibited.’452 
The measures in Sweden have proved to be effective. As of 1 May 2021, 47 % women and 53 % men act 
as directors of state-owned enterprises, and 49 % of CEOs of these companies are women (compared 
to 51 % men). Women now chair 51 % of the fully or partially public enterprises, compared to 45 % in 
2017. Norway uses the same targets and the same scale as Sweden, except that the 40 % rule applies 
for boards of nine or more members.453 In Italy, a quota system stipulates time limits for fulfilment of 
the target of equal representation of both genders. The starting quota of one third (increased in the next 
elections to two fifths) was to be applied to the first three elections of directors and auditors of both 
listed companies and State subsidiary companies. Lack of compliance triggers gradual sanctions, which 
start with a warning by the Consob (the National Securities and Exchange Commission)454 after which 
compliance should be achieved in the next four months. If this does not happen, a second warning for 
compliance within three months and a fine will be issued from EUR 100 000 up to EUR 1 000 000 (in case 
of auditors from EUR 20 000 up to EUR 200 000). Should this again fail, the subsequent penalty is the 
dissolution of the company board.455 Any substitution in the board should not result in a disruption of this 
gender balance. The monitoring is conducted by Consob except for companies not quoted in the regulated 
market for whom it is conducted by the Prime Minister and the Minister for Equal Opportunities.456 The 
overall  arrangement  has  great  potential  for  effectiveness  which  may  be  undermined  by  the  fact  that 
compliance is required only for the first three elections. However, the first nine companies that are no 
longer under this obligation, having passed the first three elections, are still maintaining a good gender 
diversity in company boards. In Greece, there is a one third quota for participation in service councils in 
the public enterprises.457 If this is not respected, the composition appointed is considered unlawful, with 

Iceland, National Report (questionnaire responses).

447 
448  Lombardo, E., Verge, T. (2017), Cuotas de género en política y economía. Regulación y configuración institucional en España 
(Gender quotas in politics and corporate boards. Regulation and institutional configuration in Spain), Política y Gobierno 24(2), 
pp. 301-331.

449  The 2007 40 % target was to be achieved by 2015. However, by that year only 18 % women sat on boards in public enterprises.
450  https://www.bundeskanzleramt.gv.at/agenda/frauen-und-gleichstellung/gleichstellung-am-arbeitsmarkt/frauen-in-

fuehrungs-und-entscheidungspositionen/frauen-in-wirtschaftlichen-fuehrungspositionen.html.

451  Government Offices of Sweden, ‘State Ownership Policy and principles for state-owned enterprises 2020’, available at: 

https://www.government.se/49eb29/contentassets/aef85fbd7beb4319a70af9a30d6723a1/state-ownership-policy-2020.pdf. 

452  Sweden, National Report (questionnaire responses).
453  Section 28, GEADA.
454  https://www.consob.it. 
455  Act No. 120/2011 modified Article 147 para 1 ter and Article 148 para 1 bis of Decree No. 58/1998.
456  Decree No. 251 of 30 November 2012.
457  Article 6(1)(b) of Act 2839/2000. There is also a 25 % quota for participation of the under-represented sex in administrative 

councils of listed companies: Act 4706/2020, OJ A 136/17.07.2020, Article 3(1)(b).

101

the exception of members of service councils who are ‘partially or totally designated ex officio or through 
a ballot or if they are designated by the Ministry of National Defence and the legal persons supervised by 
it due to a proven lack of a sufficient number of persons of the other sex.’458

In Poland and Portugal a mix of measures is applied. In Poland, with the adoption of the Act of 29 July 
2005  on  trading  in  financial  instruments,459  a  company  dealing  in  financial  instruments,  operating  ‘a 
regulated market shall establish a nomination committee where this is justified by its size, organisational 
structure, nature, scope and complexity of its business. The tasks of the nomination committee include, 
among other things: determining a target value for the representation of the under-represented gender on 
the company’s board of directors and developing a diversity policy for the composition of the company’s 
board of directors aimed at achieving this target value, taking into account the broad set of qualities 
and  competences  required  for  persons  serving  on  the  board  of  directors.’460  No  sanctions  have  been 
attached to these provisions. In addition, the Warsaw Stock Exchange has been persistently461 working on 
developing gender-balance recommendations since 2010 whereby all public enterprises are now required 
‘to adopt solutions aimed at equalising the share of women and men at the highest levels of management, 
highlighting the resulting benefits for the development of the company’,462 which applies on a comply-
or-explain basis. In Portugal, there is a mixed approach of mandatory quotas for public enterprises and 
optional quotas for private ones. The legislative framework in Portugal has been amended several times 
since 2012 when a duty was established for all state-owned companies to put in place equality plans for 
boosting representation of the underrepresented sex to governance boards (administration boards and 
oversight boards). In 2013 this duty was strengthened into an obligation and in 2014 it was expanded 
to apply to other entities – banks and other financial institutions, attaching to it other benefits – financial 
support programmes for companies that complied with the obligation (in 2013 and 2014). In 2017 it 
reached the point where quotas for company boards became mandatory in all state owned enterprises 
whereby the minimum representation of persons from each gender is at least 33 % (in 2017).463 The last 
amendment included a strict time frame for compliance and attached legal provisions for infringement 
whereby any nomination that does not comply with the quota is considered null and void and should be 
rectified in 90 days or penalties will apply, which in this case is declaring the nomination of the council 
null and void, and moving on to an election of a new council.

In Germany, different rules apply to different entities at the federal and state level. In 2015, the Law 
for Equal Participation of women and men in management positions in the private and public sectors 
set a goal of increasing the proportion of women in management positions. In supervisory boards where 
the Federal Government is entitled to at least three seats, since 1 January 2018, the requirement is for 
equal  gender  representation  on  these  boards.  Federal  essential  and  supervisory  bodies  with  at  least 
two members should have an equal representation of men and women,464 as should companies with a 
majority or minority stake held by the Federal Government. Listed and full co-determination companies 
(usually  over  2  000  employees)  required  30  %  representation  within  the  supervisory  board,  whereas 

458  Greece, National Report (questionnaire responses).
459  Act of 29 July 2005 on trading in financial instruments (consolidated text: Journal of Laws 2022, item 861, as amended).
460  Poland, National Report (questionnaire responses); Regulatory Act, Article 25(11)(3).
461  Some of the key documents adopted include: Code of Best Practice for Warsaw Stock Exchange Listed Companies, 

adopted by Resolution No. 17/1249/2010 of the Exchange Supervisory Board of 19 May 2010 , available at: https://ecgi.
global/download/file/fid/9892; The Good Practices form an annex to the Resolution of the GPW Supervisory Board 
No. 26/1413/2015 of 13 October 2015. This document, which substituted the previous one, has been in force since 
1 January 2016, Published: https://www.gpw.pl/pub/GPW/STATIC/files/PDF/RG/Uch_RG_DB2016.pdf; The Good Practices 
for Companies Listed on the Warsaw Stock Exchange 2021 adopted by Resolution No. 13/1834/2021 of the Exchange 
Supervisory Board of 29 March 2021, available at: https://www.gpw.pl/pub/GPW/files/PDF/dobre_praktyki/DPSN21_
BROSZURA_wersja_do_druku.pdf The Stock Exchange Regulations in the wording adopted by Resolution No. 1/1110/2006 
of the Stock Exchange Supervisory Board of 4 January 2006, as amended, source: https://www.gpw.pl/pub/GPW/files/PDF/
regulacje/Regulamin_Gieldy.pdf.

462  Poland, National Report (questionnaire responses).
463  The following legislation was put in place over the years: Government Resolution No. 19/2012, of 8 March  2012;  

Decree-Law No. 133/2013, of 3 October 2013; Decree-Law No. 157/2014, of 24 October 2014; the V National Equality 
Plan for Equality (2014-2017), approved by Government Resolution No. 103/2013, of 31 December 2013; Decree-Law 
No. 159/2014, of 27 October; and Law No. 62/20127, of 1 August 2017.

464  Federal Committees Act, Bundesgremiengesetz as amended, para. 4.

102

PROMOTION OF GENDER BALANCE IN POLITICAL DECISION-MAKINGPublic enterprises

listed  companies  subject  to  co-determination  (usually  over  500  employees)  were  required  to  identify 
gender quota targets that they would reach in the next five years for their supervisory boards, executive 
board or management and the two top management levels below the executive board or management, 
where setting a target of zero is also an option, as long as the situation does not get worse. This was a 
challenge for the effectiveness of these measures, since there was no requirement nor incentive to move 
beyond the status quo, and many companies opted for a zero target. As a result, companies are now 
required to justify a zero-quota target for the board and for the two highest leadership positions below 
the  board  (and  advisory  board)  in  an  explanation  of  the  decision  that  must  be  diligent  and  plausible, 
and be made public.465 Should such an explanation not be reported, fines can be issued, which can be 
potentially significant.466 According to more recent amendments, these companies should appoint at least 
one woman and one man, if the board includes more than three members,467 and appointments contrary 
to this are void. This approach has been said to be more effective for executive boards than for supervisory 
boards as supervisory boards can operate more easily with empty seats.468 Other bodies governed by 
public law, such as health insurance and pension insurance funds and the Federal Employment Agency, 
also include a minimum representation requirement. However, when it comes to executive directors, it is 
‘always only necessary to appoint one woman (or man)’.469 

In France, there are targets that need to be reached by a specific date depending on the type of company. 
By  1  March  2026,  enterprises  with  at  least  100  employees  will  have  to  have  at  least  30  %  of  each 
gender among the top executive officers, the managers, and the members of the executive committees, 
and by 1 March 2029, 40 % of each gender. If the 30 % target is not reached by the stated deadline, the 
enterprise should adopt adequate and relevant correction measures in order to reach the target by 2029. 
If the target is not reached by 2029, corrective measures and a public report should be published after 
one year. Should no measures be undertaken after two years, the public authorities will impose a fine on 
the enterprise payable to the general state budget ‘of a maximum of 1 % of the total amount of wages 
of that preceding fiscal (civil) year … according to the economic situation of the company, its efforts to 
comply with the parity rule in terms of representation of women and men as well as the reasons for its 
non-compliance as specified in the upcoming decree.’470 

In Denmark, several measures have been in place since 2012 under the Companies Act, the Equality 
Act, and other acts of the Ministry of Business.471 These measures are not considered as positive action. 
There was a duty for the 1 100 largest companies472 to establish targets for improving the level of the 
underrepresented gender in top management boards, and to adopt a policy for improving the percentage 
of the underrepresented gender at top management levels. This includes public enterprises if they are 
among the 1 100 companies. Public enterprises, regardless of size, had the obligation to establish targets 
for  improving  the  number  of  people  of  the  underrepresented  gender  in  top  management  positions, 
whereas those with 50 employees or more were required to prepare a policy to increase the number of 
women in management positions. The same model was followed for boards and other collective decision-
making bodies, under the Equality Act.473 Public enterprises had an obligation to report their progress to 
the relevant minister, who must report to the Minister of Equality, and to include it in their annual financial 
statements. There were penalties for failing to establish targets and to prepare policies, but not for failing 
to meet the targets or to follow the policy.474 However, the 2012 approach did not produce results, so, in 

465  Companies Act, § 76 IV sentence 2-4.
466  § 334 I No. 3 and 3a Handelsgesetzbuch.
467  Article 7 FüPoG II introduces § 76 IIIa Aktiengesetz, Companies Act.
468  Stefan Mutter (2021), ‘Das Update zum “Update Frauenquote” – das FüPoG II’, 66(4), Die Aktiengesellschaft, p. R56.
469  Germany, National Report (questionnaire responses); Leuering, D. and Konstant, V. (2021), ‘Das Zweite Führungspositionen-

Gesetz - FüPoG II’, NJW-Spezial, p. 527.

470  France, National Report (questionnaire responses).
471  Amendment act no 1383 of 23 December 2012, https://www.retsinformation.dk/eli/lta/2012/1383. 
472 

‘Large capital-companies were defined as companies with a balance sheet total of approximately 20 mill. EURO, with a net 
turnover of approx. 40 mill. EURO, and with 250 full-time employees.’ Source: Denmark, National Report (questionnaire 
responses - follow up).
473  Equality Act sections 11-13.
474  Preparatory works, Proposal 2012/1 LSF 17, https://www.retsinformation.dk/eli/ft/201212L00017, General remarks.

103

spite of remarkable resistance, new measures were introduced in 2022475 (in force as of 1 January 2023), 
which clarify and expand the duties of the public enterprises by: introducing an obligation for establishing 
target numbers (rate of distribution aimed for, and a timeframe) for the top decision-making body and 
for the other management layers at all management levels in the company and to establish new targets 
once the initial targets have been reached, until there is a minimum representation of 40 % from each 
gender (from January 2023 onwards);476 parent companies can no longer prepare policies and set targets 
for  their  subsidiaries;  the  targets  should  be  both  realistic  and  ambitious;477  reporting  should  be  done 
in a digital easily searchable format478 and must include actions that the enterprise has undertaken to 
increase gender equality.479 In 2014 in Luxembourg, the Government made a commitment to take action 
towards boosting gender balance in decision-making bodies of public enterprises and companies in which 
the state is represented, and in 2019 it set a target of 40 % of each gender, including in the National 
Action Plan for Gender Equality 2019-2022.480 In Ireland, several acts provide for a minimum number 
of members from each gender,481 whereas the Programme for Partnership Government of May 2016482 
provides that there should be at least 40 % female representation on state boards. The relevant minister 
or the Government of Ireland makes the appointments to the boards.

Plans for introducing quotas are underway in some of the countries. In early 2022 in the Netherlands, the 
Government announced plans to require public enterprises to establish their own plans with specifically 
set targets for reaching gender balance in the (sub)top level of their hierarchies, whereby the portion 
of women should not be lower than 33 %.483 However, no specific legislative proposal has reached the 
Parliament thus far. 

In some of the countries that have quotas, the implementation of these quotas is supported by additional 
measures,  such  as  training  and  mentoring.  This  is  the  case  in  the  Netherlands  and  Spain.484  In  the 
Netherlands, the ministries work to encourage entities to monitor their gender diversity in a comparable 
manner and make monitoring of gender diversity part of the regular monitoring cycles of (semi-)public 
organisations. The Spanish national expert underlined, however, that these programmes ‘tend to focus 
on  women,  as  if  they  were  lacking  abilities,  instead  of  focusing  on  the  exclusionary  environments  of 
enterprises.’485 

The general equality and non-discrimination legislation in some countries provides for a public equality 
duty, which would include measures aimed at promoting women in decision-making positions in public 
enterprises. This is the case in Slovenia, where the Equal Opportunities for Women and Men Act (Article 14) 
provides that the principle of gender-balanced representation, (representation of at least 40 % of each 

475  Amendment Act no 568 of 10 May 2022 to the Companies Act, Act on Financial Statements, etc., https://www.retsin 

formation.dk/eli/lta/2022/568 coming into force on January 2023.

476  Remarks to new Section 139(1) no 2) in Proposal 2021/1 LSF 117, https://www.retsinformation.dk/eli/ft/202112L00117; 

new Subsection 139c(5).

477  Preparatory works, Proposal 2021/1 LSF 117 section 2.2.
478  Preparatory works, Proposal 2021/1 LSF 117 section 2.3.
479  Preparatory works, Proposal 2021/1 LSF 117 section 2.3.
480  Guideline 4.9 in: https://mega.public.lu/content/dam/mega/fr/publications/publications-ministere/2020/MEGA-plan-

action-nation-egalite-WEB.pdf.

481  Section 12 of the Inland Fisheries Act 2010; Section 98 of the Adoption Act 2010; Schedule 1 Article 4 of the Charities Act 

2009; Section 8 of the Broadcasting Act 2009; Section 19 of the National Asset Management Agency Act 2009.

482  https://merrionstreet.ie/MerrionStreet/en/ImageLibrary/Programme_for_Partnership_Government.pdf (see Sections 11.11 

and 11.13) of the ‘Programme_for_a_Partnership_Government May 2016’.

483  Minister of Education, Culture and Science, (2022), ‘Kabinetsreactie advies Adviesgroep-Vinkenburg “Sturing en beleid voor 
evenredige man-vrouwvertegenwoordiging in de (semi)publieke top” en QuickScan ‘Genderdiversiteit’, Retrieved from: 
https://www.rijksoverheid.nl/documenten/kamerstukken/2022/02/25/tweede-kamer-kabinetsreactie-genderdiversiteit-in-
de-top-van-de-semi-publieke-sector.

484  The initiative ‘Equality in the firm’ of the Institute for Women and Equal Opportunities aims at ‘professional development 
and leadership of women managers, which consists of structured and comprehensive training, which includes coaching 
and networking, with a gender and multidisciplinary perspective, to enhance the management skills of the participants 
as a decisive factor for their professional projection.’ Source: Spain, National Report (questionnaire responses); Institute for 
Women and Equal Opportunities, Talentia 360 programme (https://www.inmujeres.gob.es/areasTematicas/PromPro 
fesional/Talentia360MDirectivas.htm).

485  Spain, National Report (questionnaire responses).

104

PROMOTION OF GENDER BALANCE IN POLITICAL DECISION-MAKINGPublic enterprises

gender),  must  be  applied  in  the  appointment  or  nomination  of  representatives  of  the  Government  to 
the management and supervisory bodies of persons governed by public law.486 The Equality Act 2010 in 
the United Kingdom prescribes a public sector equality duty487 including permitting, but not requiring, 
positive action in relation to employment and the provision of public services.488 The same act includes 
a permission for tie-break in relation to sex, if ‘the candidates are equally qualified, there is no policy 
of more favourable treatment and it is proportionate to do so.’489 This applies to England, Scotland and 
Wales. There is a similar duty under the Northern Ireland Act 1998 (Section 75). In Norway, in addition 
to  the  quotas  (mentioned  above),  under  the  Equality  and  Anti-Discrimination  Act,  positive  differential 
treatment, including on the basis of sex, is permitted if it fulfils three cumulative criteria: it is suited to 
promoting the purpose of the Act; it is proportionate (i.e. the negative impact of the different treatment is 
proportionate to the intended purpose); and it is temporary (i.e. it will cease to apply when the purpose has 
been achieved).490 In Finland, gender balance is prescribed for all boards of directors or other governing 
bodies consisting of persons of trust in enterprises that are in majority owned by municipality, county or 
state, unless there are special reasons against it.491 In Croatia, public enterprises have an obligation to 
carry out an analysis and adopt a plan every four years on promoting and establishing gender equality, 
including any necessary positive action measures. There is a sanction for not adopting an action plan – a 
misdemeanour offence for the responsible persons and a fine of EUR 400 to EUR 1 330 (HRK 3 000 to 
HRK 10 000) or for a (semi-)public enterprise as a legal person a fine of EUR 3 990 (HRK 30 000).492 This 
plan is to be approved by the Office for Gender Equality. If the company is owned or partly owned by the 
local/regional self-government units this obligation does not apply, but local authorities that employ more 
than 20 employees will still have an obligation under the Gender Equality Act to include in their statutes 
and other general acts measures for ensuring gender equality.493

In some countries, no such measures have been put in place. This is the case in: Bulgaria, Czechia,494 
Cyprus, Estonia, Hungary, Latvia, Liechtenstein, Lithuania,495 Malta, Romania and Slovakia.

6.3  Measures aimed at women from minority groups in public enterprises

The majority of countries have no measures specifically designed for women from minority groups in public 
enterprises:  Austria,  Belgium,  Bulgaria,  Croatia,  Czechia,  Cyprus,  Denmark,496  Estonia,  Finland, 
France,  Germany,  Greece,  Hungary,  Iceland,  Ireland,  Italy,  Latvia,  Liechtenstein,  Lithuania, 
Luxembourg,  Malta,  the  Netherlands,  Norway,  Poland,  Portugal,  Romania,  Slovakia,  Slovenia, 
Spain, Sweden and the United Kingdom. There are no nested quotas or other similar measures in place 
that are tailored specifically for women from minority groups.

The  general  equality  and  non-discrimination  legislation  in  some  countries  provides  for  measures  that 
target women from minority groups in public enterprises. In the United Kingdom, the 2010 Equality Act 
permits the use of tie-break in relation to sex and to race (although does not spell out such a permission 

486  Act on Equal Opportunities for Women and Men, Official Gazette of the Republic of Slovenia Nos 59/2002 and 61/2007.
487  Equality Act 2010, Section 149.
488  Equality Act 2010, Sections 158, 159.
489  United Kingdom, National Report (questionnaire responses).
490  Equality and Anti-Discrimination Act of 16.06.2017 No. 51, section 6.
491  Act on Equality, Section 4 a (2).
492  Gender Equality Act, Article 34(1).
493  Gender Equality Act, Article 11(5).
494  Please note that in January 2021 the Czech Governmental Committee on Gender Balance in Politics and Decision-Making 
Positions adopted a recommendation for changes to the Nomination Act (Act No. 353/2019 Coll. on the selection of 
persons to the management and supervisory bodies of legal persons with state participation) which should result in 
(semi-)public enterprises for the state to ensure a balanced representation of women and men in the selection process.
495  There has been one case in practice which is worth noting a ‘decision of 2019 of the Senate of Vilnius university – public 

institution of higher education – to approve the regulation which requires including at least one person of another sex (for 
each group of sciences) in the election lists of the members of the Council of the University.’ Source: Lithuania, National 
Report (questionnaire responses).

496  The Danish expert underlined the difficulty of this when it comes to public employees, as collection of data on ethnicity of 

the employees is not explicitly allowed under law.

105

for taking these two together or intersecting), in cases where the candidates are equally qualified, there 
is no policy of more favourable treatment, and it is proportionate to do so.

In some countries, measures aimed at minorities in general or diversity can also benefit women from 
minority  groups,  although  they  do  not  specifically  target  them.  For  example,  in  Sweden,  the  diversity 
regulation  in  the  State  Ownership  Policy  which  provides  for  the  appointment  of  members  (directors) 
from a broad recruitment base can benefit persons from minorities, which can benefit minority women. 
However,  such  general  measures  targeting  minorities  cannot  guarantee  the  representation  of  women 
from minority groups.

6.4   Internal regulation and sanctioning of harassment and sexual harassment in 

public enterprises

There are three approaches to regulation and sanctioning of harassment and sexual harassment in public 
enterprises:  (1)  obligation  for  introducing  internal  regulation,  (2)  harassment  and  sexual  harassment 
prohibition by means of general legislation (such as equality law, labour law, or criminal law), and (3) a 
combination  of  an  obligation  for  introducing  internal  regulation  and  prohibition  by  means  of  general 
legislation.

Internal regulations and sanctioning of harassment and sexual harassment are required by law in some 
countries (Croatia, Hungary, Iceland, Spain, Sweden). In Iceland, all companies and institutions with 
25 or more employees per annum should create a gender equality plan or mainstream gender equality 
perspectives into their personnel policy as a way to ensure the rights provided in Articles 6–14 of the 
Gender Equality Act,497 which includes taking special measures against harassment or sexual harassment 
in the workplace or institution. A person against whom a harassment or sexual harassment case has been 
raised and who holds a superior position must, during the examination of the case, be considered not to 
be competent to take decisions regarding the working conditions of the claimant and the next superior 
in line should take such decisions. In Spain, each enterprise should have a protocol for action in cases of 
sexual harassment and harassment based on sex.498 If a company has an equality plan, which it should 
have if it has over 50 employees, then this protocol will be part of that plan. In Hungary, public sector 
employers, thus also those from public enterprises, employing more than 50 employees are required to 
adopt an equal opportunity plan. These plans can provide for the establishment of internal mechanisms, 
procedures  and  protocols  aimed  at  combating  discrimination  and  harassment.  However,  there  is  no 
monitoring  and  evaluation  system  that  would  follow  the  implementation  of  this  rule.499 In  Germany, 
‘[e]mployees  have  the  right  to  complain  [including  regarding  sexual  harassment]  to  the  competent 
authorities of the company, the company or the department if they feel disadvantaged by the employer, 
superiors,  other  employees  or  third  parties  in  connection  with  their  employment  relationship  …  The 
complaint must be examined, and the result communicated to the complaining employee.’500 In Croatia, 
under  the  Gender  Equality  Act,  public  enterprises  that  employ  more  than  20  employees  are  ‘required 
to  have  anti-discrimination  legislative  provisions  included  in  their  statutes  and  other  acts  of  general 
application, including the measures for ensuring gender equality’,501 whereas under the Labour Code they 
must ‘adopt and make publicly available the working regulations governing remuneration, organisation 
of work, procedures and measures for protecting worker dignity, anti-discrimination measures and any 
other issues of importance for the workers employed with the employer, if these issues are not regulated 
by a collective agreement’.502 In doing so, employers cannot change the definitions of harassment and 
sexual harassment established in the Gender Equality Act and in the Anti-discrimination Act. In Cyprus, 

497  GEA No. 150/2020.
498  Law 3/2007 on Effective Equality, Article 48.
499  Hungary, Act CXXV of 2003 on Equal Treatment and the Promotion of the Equality of Opportunities (2003. évi CXXV. törvény 

az egyenlő bánásmódról és az esélyegyenlőség előmozdításáról) 28 December 2003, Article 63(4).

500  General Equal Treatment Act, Section 13.
501  Gender Equality Act, Article 11(5).
502  Labour Code, Article 26(1).

106

PROMOTION OF GENDER BALANCE IN POLITICAL DECISION-MAKINGPublic enterprises

a labour law bylaw, the Code of practice for the prevention of and dealing with harassment and sexual 
harassment, was adopted in 2019. It applies to the public sector, which can include public companies. In 
Sweden, the employer must adopt guidelines and procedures to declare harassment, sexual harassment 
and reprisals are not permitted in the workplace and to set out prevention activities. The procedures that 
the employer must put in place should include an action plan for the employer in the event that ‘someone 
reports harassment, sexual harassment or reprisals; instructions for employees on whom to turn to in a 
case of harassment, sexual harassment or reprisals; and information about who is responsible for the 
investigation of a claim regarding or an occurrence of harassment, sexual harassment or reprisals. The 
employer  must  follow  up  and  evaluate  these  guidelines  and  procedures,  as  a  part  of  the  continuous 
process on active preventive measures, Chapter 2 Section 6 of the Discrimination Act.’503 these is also 
prohibition of harassment by means of general legislation. Persons employed in public enterprises, but 
not  board  members,  are  protected  against  harassment  and  sexual  harassment  by  the  Discrimination 
Act (2008:567), the Work Environment Act (1977:1160), and the Swedish Work Environment Authority 
Provisions on Organisational and Social Work Environment (AFS 2015:4). Like in Italy, mentioned above, 
board members are not considered employees, thus cannot benefit from this protection.

In a number of countries there is no legislation requiring public enterprises to introduce internal regulation 
and  sanctioning  of  harassment  and  sexual  harassment.  This  is  the  case  in  most  countries:  Austria, 
Bulgaria,  Czechia,  Estonia,  Finland,  Italy,  Latvia,  Liechtenstein,  Lithuania,  Malta,  Norway, 
Poland, Portugal, Romania, Slovakia, Slovenia and the United Kingdom. In the majority of these 
countries, harassment and sexual harassment are prohibited in public companies by way of either general 
gender equality and non-discrimination legislation, labour law, or criminal law. For example, in Estonia 
the  Gender  Equality  Act  and  in  Norway,  the  Equality  and  Anti-Discrimination  Act504  protect  against 
harassment and sexual harassment including in public enterprises. In Denmark there is a combination 
of prohibition of harassment and of sexual harassment under the Equal Treatment Act, which applies 
to  any  workplace,  including  public  workplaces,  and  the  public  administrative  law,  which  has  equality 
as  a  general  principle  and  stipulates  ‘that  all  public  authorities  must  treat  employees  equally.  This 
works towards eliminating harassment on any grounds.’505 In the United  Kingdom, the prohibition of 
harassment in the 2010 Equality Act applies to employees in the public enterprises (Section 109), and 
the public sector equality duty provides that the public authorities must work to eliminate harassment 
and victimisation (Section 149).506 In Malta, policies against harassment and sexual harassment are part 
of the requirements of the employer certification initiated by the National Commission for the Promotion 
of Equality.507 

The Labour Codes of France,508 Ireland,509 Luxembourg, Poland510 and Portugal511 provide for protection 
from harassment and sexual harassment, which also applies to public enterprises. Sexual harassment 
has been made part of the criminal laws in some countries, such as Spain.512 In some countries, there is a 
combination of these approaches, for example in the Netherlands where protection against harassment 
and sexual harassment is provided under both the labour law (Working Conditions Act) and the equality 
and non-discrimination law (Act on the Equal Treatment of Men and Women).513 In addition to this, non-

503  Sweden, National Report (questionnaire responses – follow up).
504  Equality and Anti-Discrimination Act of 16.06.2017 No. 51, Article 6 and Section 13.
505  Denmark, National Report (questionnaire responses – follow up).
506  Equality Act 2010, Section 109, 149.
507  https://ncpe.gov.mt/en/Documents/Projects_and_Specific_Initiatives/Prepare%20the%20Ground%20for%20Economic% 

20Independence/EM_info_document.pdf.

508  Article 11326& Labour code and 1153-1 Labour Code. In public companies with over 250 employees, a contact person can 
be appointed to allow for the claims to be processed internally. Source: LOI n° 2018-703 du 3 août 2018 renforçant la lutte 
contre les violences sexuelles et sexistes.

509  This should include also directors, pursuant to the Employment Equality Acts 1998 to 2021.
510  Act of 26 June 1974 Labour Code (consolidated text: Journal of Laws of 2020, item 1320, as amended).
511  Labour Code, approved by Law no. 7/2009, of 12 February.
512  Criminal Code, Article 184.
513  Arbeidsomstandighedenwet, Act of 18 March 1999, Stb. 1999, 184 last modified by Act of 3 March 2021, Stb. 2021, 135;  

Wet gelijke behandeling van mannen en vrouwen, Act of 1 March 1980, Stb. 1980, 86 last modified by Act of 14 June 2014, 
Stb. 2014, 216.

107

compulsory confidential counsellors  are  often  appointed as  part of  policies  against  discrimination  and 
(sexual) harassment,514 and ‘cases of discrimination are generally handled within institutions themselves. 
If this is not done satisfactorily, the discriminated party can sue the public enterprise for failing to protect 
them, as is required by the Working Conditions Act, or discriminating against them, as is prohibited by 
the Equal Treatment Act.’515 In Italy employees (but not board members) can benefit from the protection 
against harassment and sexual harassment in the legislation on equality and gender equality516 and on 
the public administration.517 In Greece, the obligations for establishing such mechanisms apply only to 
private enterprises. The Minister of Interior Affairs can define the competent bodies and the necessary 
measures to be undertaken in the public sector but, to date, no ministerial decision has been issued.518 
In Belgium, each gender should be represented with at least one third of the board members on public 
enterprises boards:519 ‘As long as this quota is not fulfilled, a person belonging to the minority sex must 
be appointed to any vacant position and any appointment which does not comply with this rule is void. 
Moreover,  the  amended  Company  and  Association  Code  provides  a  specific  sanction:  as  long  as  the 
composition of a board does not comply with the quota, any advantage (financial or otherwise) attached 
to the position of director is suspended for all the members of the board.’520 Larger enterprises could avail 
themselves of an extension until 2017, whereas smaller ones could postpone compliance until 2019.

What is lacking in most countries are specific mechanisms in the public enterprises themselves for tackling 
harassment and sexual harassment committed against persons in decision-making positions. The issue 
usually arises from the fact that the members (directors) of the boards are not considered employees 
(same as MPs in Parliaments; see Chapter 4). This is the case in Belgium. Another example is Sweden, 
where the State Ownership Policy prohibits harassment and sexual harassment on grounds of gender, 
transgender identity or expression, ethnic affiliation, religion or other belief, disability, sexual orientation 
or age. However, there is no mechanism that can enforce this prohibition. In Ireland, on the basis of the 
existing labour legislation, public enterprises as employers should provide mechanisms for dealing with 
harassment and sexual harassment.

6.5   Data collection on gender balance in public decision-making positions in 

public enterprises

Most  of  the  EU  and  EEA  countries  have  given  responsibility  for  data  collection  on  gender  balance  in 
public decision-making positions in public enterprises to either the central statistical office or the national 
gender equality or human rights institution. An overview of the mandates is provided in Table 5, below.

Table 5: Institutions holding mandate for data collection on gender balance in public decision-making 
positions in public enterprises, by type of mandated institution, country, and name of mandated institution

Type of mandated institution

Country

Name of mandated institution

Central gender equality authority

Belgium

Gender Equality Institute

Spain

Institute of Women and for Equal Opportunities

514  Arboportaal (n.d.), ‘Vertrouwenspersoon’ retrieved from: https://www.arboportaal.nl/onderwerpen/vertrouwenspersoon. 
515  The Netherlands, National Report (questionnaire responses).
516  Article 48 of Code for equal opportunity (Act No. 198/2006).
517  Public Administration under Art. 57 of the Decree N.165 of 30 March 2001 (as amended by Art. 21 of Act N. 183 of 

4 November 2010).

518  Article 22(4) Act 4808/2021.
519  Act of 28 July 2011 inserted provisions relating to gender balance on company boards in the Act of 21 March 1991 concerning 

the (federal) economic public bodies, the Act of 19 April 2002 concerning the National Lottery, and the Company and 
Association Code (concerning companies quoted on the stock exchange).

520  Belgium, National Report (questionnaire responses).

108

PROMOTION OF GENDER BALANCE IN POLITICAL DECISION-MAKINGPublic enterprises

Type of mandated institution

Country

Name of mandated institution

National human rights institution

Poland

Central statistics agency 

[The ‘*’ next to the country name 
marks those where the mandate of the 
institution can be interpreted to include 
this competence, but in practice they 
do not collect such data.]

More than one mandate holder

Malta

Greece

Croatia*

Czechia

Iceland

Hungary

Poland*

Portugal

[The ‘*’ next to the mandated institution 
name marks those where the mandate 
of the institution can be interpreted to 
include this competence, but in practice 
they do not collect such data.]

United Kingdom 
[Different regulation for 
Scotland, England and 
Wales]

Commissioner for Human Rights
Government Plenipotentiary for Equal Treatment

National Commission for the Promotion of Equality

General Secretariat for Equality

Bureau of Statistics

Statistical Office

Statistics Iceland

Central Statistical Office

Central Statistical Office

Commission for Equality and Citizenship
Commission for Equality in Work and in Employment

Cabinet Office
Public enterprises themselves

Germany

Italy

Federal Statistical Office
Ministry of Finance

National Institute for Statistics*
Prime Minister
Minister of Equal Opportunities

Government

Ireland

State Board Service

Luxembourg

Ministry of Economy

Sweden

Ministry of Economy

The Netherlands

Ministry of Education, Culture and Science

Legislature

No mandated institution

High Council for Equality
Ministry of Equality

National Institute for Health and Welfare

Houses of the Oireachtas

The parliamentary houses

France

Finland

Ireland

Italy

Austria, Bulgaria, 
Cyprus, Estonia, 
Latvia, Liechtenstein, 
Lithuania, Romania, 
Slovenia

Other (Business regulation bodies)

Denmark

Danish Business Authority

Italy

Consob

In some countries, no institution is responsible for collecting data on gender balance in public decision-
making positions in public enterprises. This is the case in: Austria, Bulgaria, Cyprus, Estonia,521 Latvia, 
Liechtenstein,522 Lithuania, Romania and Slovenia. In some countries where an institution has been 
given  responsibility  for  collecting  such  data,  the  mandate  does  not  specify  the  obligations  for  data 

521  Some competence falls on the Ministry of Finance and on the Equality Policies Department of the Ministry of Social Affairs, 

however not on this issue in specific.

522  One study conducted in the frame of an international and an interregional project titled ‘Concern: women decide’ between 
Vorarlberg in Austria, Graubünden in Switzerland, and Liechtenstein, looked at the representation of women in decision-
making positions in 35 companies in Liechtenstein. According to the Liechtenstein expert, ‘[i]n these companies with line 
functions and supervisory boards, as well as in industrial regulatory bodies, not a single woman in a line function has been 
identified. Also, on the management boards and foundation boards there are rarely women. Nevertheless, 25-40 % of the 
members of the management boards of the National Bank, the Liechtenstein Broadcasting Company, Telecom Liechtenstein 
and the Public Transport Company are women’. Source: Interreg Report on Liechtenstein 2016, http://www.llv.li/files/scg/
final-Liechtenstein-v-3docx.pdf, p. 38. For more on the project: http://www.interreg.org/projekte/P1/SZ3/ABH017 and for the 
individual report on Liechtenstein see: http://www.llv.li/files/scg/final-Liechtenstein-v-3docx.pdf.

109

collection, data analysis and publishing. In some countries, while no such particular mandate is specified, 
the government collects and publishes such data.

The central gender equality bodies, also known as the gender machinery, are tasked with collecting data 
on gender balance in decision-making positions in public enterprises in some countries. For example, in 
Spain this is done by the Institute of Women and for Equal Opportunities in its annual summary reports 
‘Women in Numbers’,523 and in Belgium by the Gender Equality Institute in its annual reviews. National 
human rights institutions in general can play such a role, although a wider interpretation of their mandate 
might be needed and possible in order for this to happen, for example, in Poland where the Commissioner 
for Human Rights and the Government Plenipotentiary for Equal Treatment collects some data. In Malta, 
the National Commission for the Promotion of Equality publishes such data524 in its annual reports on a 
regular basis. In Greece data is collected by the General Secretariat for Equality.525 

The  state  statistical  offices  collect  such  data  in  some  countries,  such  as  in  Czechia,526  Hungary,527 
Iceland528  and  Slovakia.5 2 9  In  others,  the  responsibilities  of  the  state  statistical  offices  could  be 
interpreted as including the collection of such data, but in practice they do not, for example in Croatia530 
and in Poland.531

In some countries, the competence is split between two or more institutions. For example, in Italy, in addition 
to the National Institute for Statistics,532 the Prime Minister and the Minister of Equal Opportunities are 
responsible for monitoring the implementation of gender balance quotas in state subsidiary enterprises 
not quoted in the regulated market, whereas for all other enterprises this is the competence of Consob.533

In Portugal, the Commission for Equality and Citizenship and the Commission for Equality in Work and 
in  Employment  are  both  public  agencies  with  competence  in  the  field  of  gender  equality  that  collect 
data. In the United Kingdom, the Cabinet Office collects and publishes annual data by gender on public 
appointments, including in public enterprises, whereas there is no institution competent to collect data 
specifically  on  gender  balance  among  the  employees.  However,  under  the  public  sector  equality  duty, 
public enterprises need to publish equality objectives and other equality information, including information 
on the workforce. This duty is not equally regulated in Scotland, England, and Wales. In Germany, both 
the  Federal  Statistical  Office  and  the  Ministry  of  Finance  collect  such  data,534  including  showing  the 
development  of  gender  representation  in  decision-making  positions  in  public  enterprises  over  time.  In 

523  Survey ‘Mujeres en Cifras’, statistical series and summary reports, section Power and decision-making, https://www.

524 

inmujeres.gob.es/MujerCifras/PoderDecisiones/PoderTomaDecisiones.htm.
In its annual reports, the National Commission for the Promotion of Equality publishes data on salary scales disaggregated 
by sex (top levels would be management positions); data on take-up of family friendly measures according to gender and 
according to scale; data on cabinet members; judges and magistrates; University of Malta and Malta College Science and 
Technology academic staff according to gender; public broadcasters. The latest report can be accessed at: https://ncpe.gov.
mt/en/Documents/Our_Publications_and_Resources/Annual_Reports/NCPE_Annual_Report_2021.pdf. 

525  See ‘Ισότητα των φύλων στα διοικητικά και υπηρεσιακά συμβούλια των δημόσιων φορέων (Gender equality in administrative 

and service councils of public entities), available at: http://posostosi.isotita.gr.
526  Data available at’: https://www.czso.cz/csu/gender/4-gender_rozhodovani. 
527  Central Statistical Office (Központi Statisztikai Hivatal).
528  https://www.government.is/topics/human-rights-and-equality/equality/gender-statistics/. 
529  The publication ‘Gender Equality in Slovakia’ was renamed in 2021 ‘Women and Men in Slovakia’, because ‘after the 
elections a new Minister of Labour, Social Affairs and Family from conservative party We are Family was appointed. 
The term of gender equality was stopped to be used on the Ministry and other institutions and was replaced by the 
term equality between men and women. Former Department for Gender Equality and Equality of Opportunities was 
renamed to Department for Equality of Women and Men and Equality of Opportunities.’ Source: Slovakia, National Report 
(questionnaire responses).

530  Croatian Bureau of Statistics, https://dzs.gov.hr/en Also, such an obligation exists under Gender Equality Act (Article 17), 

however in practice it does not seem to be respected.

531  Act of 29 June 1995 on public statistics (consolidated text: Journal of Laws 2022, item 459, as amended).
532  National Institute for statistic, https://www.istat.it/it/archivio/258983.
533  https://www.consob.it/.
534  Bundesministerium der Finanzen (2021), Federal participation report (Beteiligungsbericht des Bundes) https://www.

bundesfinanzministerium.de/Content/DE/Downloads/Broschueren_Bestellservice/beteiligungsbericht-des-bundes-2021.
pdf?__blob=publicationFile&v=5. 

110

PROMOTION OF GENDER BALANCE IN POLITICAL DECISION-MAKINGPublic enterprises

France, the High Council for Equality535 publishes annual reports with data on gender balance in decision 
making in public and private sector companies.536 Data on specific themes, for example on senior female 
workers in management and executives, have also been published.537 In addition, the Ministry of Equality 
publishes an annual ranking of companies that promote women in decision-making positions in public 
and private companies.538 

Government sectors in some countries hold the competence for data collection. In Ireland the data is 
collected  by  the  State  Board  Service,  which  publishes  data  on  gender  representation  in  various  state 
boards, and all public appointments in general. In Luxembourg this is the competence of the Ministry of 
Economy, which monitors gender representation in decision making in 79 public enterprises. This is also 
the case in Sweden, where the Ministry of Finance monitors gender representation in decision making 
in public enterprises. This ministry delivers the data to Sweden Statistics, and it is included in the official 
statistics each year.

In the Netherlands, the Ministry of Education, Culture and Science monitors and updates on a yearly 
basis in the ‘quickscan Genderdiversiteit’ the gender ratio in all public and semi-public organisations, and 
monitors the governance codes of parts of the (semi-)public sector for policy on gender equality.539 In 
Finland, data on gender balance in public decision making in the executive is collected by the National 
Institute for Health and Welfare.

In Denmark, data on gender balance in decision making in public enterprises is reported to the Danish 
Business  Authority  on  an  annual  basis.  The  Danish  Business  Authority  monitors  compliance  with  the 
Companies  Act,  and  the  Act  on  the  Annual  Review,  including  whether  the  reporting  duties  have  been 
observed (such as the prescribed content of the reports),540 as lack of observance can lead to penalties 
(Section 164).541

The different approaches to the collection, processing and publishing of the data have significant negative 
impact on the potential for comparability across the EU and between Member States. The data collected 
by the EIGE remains a rare source that can offer such comparability. The collected data is also not in line 
with the findable, accessible, interoperable and reusable standard, thus prevent wide (re)use including for 
monitoring purposes by non-state parties.

6.6  Conclusion

The promotion of women in decision-making positions in public enterprises has been gaining traction. 
Following the commencement of the legislative initiative at EU level for the adoption of a directive on 
gender balance on company boards, there is either debate or specific legislation in place in most of the 
countries. Several key points can be established.

 –

Most of the measures undertaken are in the form of a soft quota and they focus on the boards, less 
so on CEOs or directors, which speaks further for the link to these developments to the legislative 

535  Previously, the data was collected by the High Council on Equality between Women and Men.
536  Annual reports, https://www.haut-conseil-egalite.gouv.fr/egalite-professionnelle/. 
537  https://www.egalite-femmes-hommes.gouv.fr/les-femmes-seniors-dans-lemploi-etat-des-lieux/. 
538  https://www.egalite-femmes-hommes.gouv.fr/cp-resultats-de-la-8eme-edition-du-palmares-de-la-feminisation-des-

instances-dirigeantes-des-entreprises-du-sbf120-25-10-2021/. 

539  https://www.rijksoverheid.nl/documenten/rapporten/2021/10/15/quickscan-genderdiversiteit. 
540  Danish Business Authority, Guidelines for reporting and data collection on gender balance and gender balance policies, 
https://erhvervsstyrelsen.dk/vejledning-maltal-og-politikker-den-konsmaessige-sammensaetning-af-ledelsen-og-
afrapportering-herom. 

541  The DBA had a special focus on reporting of aims and policies under the first regime (2012 - now), cf, The Ministry of Business, 
Assessment of gender balance aims and policies, April 2018, p. 32 f, https://em.dk/media/11580/samlet-evaluering-af-maaltal-
og-politikker_april-2018.pdf’ Source: Denmark, National Report (questionnaire responses - follow up).

111

 –

 –

 –

action at EU level. Sanctions are rarely prescribed for not observing the quotas, but monitoring and 
reporting obligations are (section 6.2).
These measures lack an intersectional perspective and do not in any way aim to achieve representation 
of women from minority groups. The few measures that can be identified target minorities in general 
and not women (section 6.3).
Several countries require public enterprises to have internal regulations on harassment and sexual 
harassment, but most do not and rely on the general framework for protection against harassment 
and sexual harassment to protect women in decision-making positions in the public enterprises, which 
is sometimes limited to the protection of employees only, thus creating the challenge of protecting 
persons who are not considered as employees, such as CEOs or directors, or board members (section 
6.4).
The obligation to collect data remains fragmented and disables comparability across the EU; a number 
of countries have not given the mandate to collect data on women on decision-making positions in 
public  enterprises  to  any  institution,  some  have  given  the  responsibility  to  the  Government,  the 
central statistical office, or the gender equality or human rights institution, and some have split this 
competence (section 6.5).

112

PROMOTION OF GENDER BALANCE IN POLITICAL DECISION-MAKING7  Good practices

7.1  Introduction

In this chapter we present good practices from the EU, the UK, and EEA countries regarding the promotion 
of the participation of women in political life, focusing on the four areas covered by this report – elections, 
the legislature, the executive, and public enterprises. The practices come from or are rooted in specific 
national contexts and are usually part of larger gender equality policy efforts, and are not single or isolated 
actions. They are better approached as inspiration for further action or as learning opportunities,542 rather 
than as prescription. Nevertheless, they all have transferability potential, and can be replicated elsewhere.

While most national experts identified at least one good practice, a number of national experts did not 
identify any (Bulgaria,  Cyprus,  Czechia,  Estonia,  Hungary,  Italy,  Latvia,  Luxembourg,  Romania, 
Slovakia, Slovenia). The good practices identified pertain to the use of compulsory quotas (elections, 
legislature,  executive,  public  enterprises),  public  awareness-raising  campaigns  (elections),  shortlisting 
(elections),  corrective  election  mechanisms  (legislature),  different  measures  targeting  an  institutional, 
procedural  and  culture  change,  including  long-term,  sustained  efforts  towards  building  a  gender 
equality culture, action programmes, and gender audit (legislature), private-work life balance measures 
(legislature,  executive),  independent  complaints  mechanisms  on  harassment  and  sexual  harassment 
(legislature, public enterprises), equal treatment coordinators (executive), promoting woman at special 
minority local elections (legislative), and soft regulation and support, such as certification, transparency 
and good practices guide (public enterprises). No good practices were identified for dealing with violence 
against  women  in  decision-making  positions543  and  in  relation  to  data  collection,  and  only  one  good 
practice regarding the promotion of women from minority groups to decision-making positions in political 
life.

7.2  Quotas

A compulsory quota or rules of a similar nature to quotas have proven effective in directly increasing 
the  descriptive  representation  of  women.  Quotas  have  been  applied  in  all  four  areas  –  elections,  the 
legislature, the executive, and public enterprises. 

In  elections,  quotas  as  a  good  practice  were  identified  in  Spain,  Croatia,  Portugal,  and  Belgium.  In 
Spain, there is a 40 % gender representation minimum requirement for each list. The Spanish national 
expert emphasises that to some extent the effectiveness of this quota is bolstered by other activities and 
commitments  undertaken  by  the  political  parties  themselves  through  internal  regulations  or  strategic 
plans. Croatia also has a 40 % quota, supported by financial sanctions, which is working in terms of 
making the election lists more gender balanced. Nevertheless, the national expert expressed reservation 
as  to  its  effectiveness  since  the  percentage  of  representation  on  the  lists  usually  does  not  translate 
into equal, but smaller, representation in the Parliament. In Portugal, under the Parity Law, there is a 
mandatory quota for women and men candidates in national, local and European Parliament elections.544 
In Belgium, an effective tool for gender balance in legislative bodies has been the rule that does not allow 

542  Those interested in learning from more good practices in this area can consult: EIGE, Advancing gender equality in political 

543 

decision-making - Good Practices (2016); OSCE ODIHR, Compendium of Good Practices for Advancing Women’s Political 
Participation in the OSCE Region (2016); European Union, The EU Mutual Learning Programme in Gender Equality Women 
in political decision-making Slovenia, 15-16 June 2016 Summary Report (2016).
It is worth noting that some institutions have been taking the issue more seriously and have kept it in the public eye. 
For example, in Croatia, the Ombudsperson for Gender Equality regularly includes information on sexism and gender 
stereotyping in the media concerning women politicians in its reports. See, e.g. Ombudsperson for Gender Equality (2022), 
Annual Report for 2021, pp. 139-143, available at: https://www.prs.hr/application/images/uploads/Godišnje_izvješće_2021_
FINAL.pdf.

544  Lei Orgânica No. 3/2006, of 21 August 2006, and the changes introduced in this piece of legislation by Lei Orgânica 

No. 1/2017, of 29 March 2017, and by Lei Orgânica No. 1/2019, of 2 May 2019.

113

for the difference between the number of women and men, who stand as either titular and substitute 
candidates, to be greater than one.

In some countries, the good practice in relation to quotas has been the voluntary uptake of commitments 
for increasing descriptive representation of women via quotas. Regardless of the lack of mandated quotas, 
certain  political  parties  decided  to  introduce  them,  resulting  in  an  increase  in  the  number  of  women 
standing as candidates for elections. This has been the case with Syriza in Greece, which, on the basis 
of the party’s internal election rules, operates a 50-50 gender quota for all elections – national, local and 
European Parliament ones.545 In Lithuania, the Social Democratic Party introduced a quota for its own 
election candidate lists in 2008. Article 58 of its Statute states that there can be a maximum of 60 % of 
each gender on candidate lists for all party bodies and on all elections. ‘After ranking the candidates, the 
vote counting commission in the election lists places the candidates alternately: woman, man, starting 
with the candidate in the first place, every fifth place can be occupied by a woman or a man.’546 This good 
practice is not without limitations, however. While such party-specific activities are helping to boost the 
visibility of women in elections and normalise women as candidates and as elected representatives, they 
have not succeeded in gaining a wider traction in the societies and among the other political parties, and 
they remain the only ones undertaking such efforts in these two countries.

In the legislature, good practices related  to  the use of quotas were  found in  Finland  and  Ireland.  In 
Finland, under Section 4a of the Act on Equality, state committees, commissions and other similar bodies 
where  membership  is  determined  by  way  of  nomination  need  to  be  composed  of  a  minimum  40  % 
women and 40 % men. This rule has been in place for a long time and has been effective beyond its initial 
intent. The Finnish national expert notes that there has been a spillover effect from this rule into areas 
to which the rule does not apply. The same rule has proven effective in Ireland, where a minimum 40 % 
representation of women and men is required under the Electoral (Amendment) (Political Funding) Act 
2012.

In the executive, targeting change through the use of quotas was found to be effective in Iceland, Norway 
and Portugal. In Iceland, as discussed above, the positive public image of gender equality worked to 
increase the share of women without legislating. In Norway, quotas for the composition of Government 
have resulted in several years of Governments in which the representation of women is 40 % or more. A 
quota is also used for the appointment of committees, boards, councils, tribunals, and delegations.547 In 
Portugal, a law that mandated a quota for women in decision-making top management positions worked 
towards boosting gender balance.

Last,  but  not  least,  quotas  have  been  particularly  prominently  used  for  boosting  gender  balance  in 
decision-making positions in public enterprises. Their effectiveness seems to depend on their design and 
compulsory nature. In Sweden, the targeted aim is to have a minimum of 40 % board representation 
for both women and men, but for boards of up to 10 members (directors) there is also a set minimum 
number  of  positions  for  each  gender  depending  on  the  size  of  the  board:  a  minimum  of  one  of  each 
gender for boards of up to three members; a minimum of two of each gender for boards of four or five 
persons; a minimum of three of each gender for boards of sex to eight members; and a minimum of four 
of each gender for boards of nine members. For boards of 10 or more members, at least 40 % should 
be  from  each  gender.548  The  Swedish  State  Ownership  Policy  states  aspirations  for  state  enterprises, 
including that they ‘have to be exemplary in gender equality work and work actively on gender equality 
issues in their operations, especially in connection with appointments to senior management’ including 
when it comes to creating and cultivating a sound and healthy work environment, and good and decent 
working conditions. The selection of directors is made from a ‘broad recruitment base in order to make 

545  https://www.avgi.gr/politiki/412513_50/50-pantoy-minyma-gia-tin-isarithmi-antiprosopeysi-ton-fylon. 
546  Lithuania, National Report (questionnaire responses).
547  Section 28 in GEADA.
548  Government Offices of Sweden, ‘State Ownership Policy and principles for state-owned enterprises 2020’, available at 

https://www.government.se/49eb29/contentassets/aef85fbd7beb4319a70af9a30d6723a1/state-ownership-policy-2020.pdf. 

114

PROMOTION OF GENDER BALANCE IN POLITICAL DECISION-MAKINGGood practices

use  of  the  expertise  of  both  women  and  men,  as  well  as  individuals  with  various  backgrounds  and 
experience. Discrimination associated with gender, transgender identity or expression, ethnic affiliation, 
religion or other belief, disability, sexual orientation or age is prohibited.’549 The measures in Sweden have 
proved to be effective. As on 1 May 2021, 47 % women and 53 % men act as directors of state-owned 
enterprises, and 49 % of the CEOs of these companies are women (compared to 51 % who are men). 
Women  now  chair  51  %  of  fully  or  partially  public  enterprises,  compared  to  45  %  in  2017.  Norway 
uses the same targets and the same scale as Sweden, except that the 40 % rule applies to boards of 
nine or more members.550 In Italy, a quota system setting out time limits for fulfilment of the target of 
equal representation of both genders was established. The 50 % quota was to be applied to the first 
three elections of directors and auditors of both listed companies and state subsidiary companies. Lack 
of compliance triggers gradual sanctions, which start with a warning by Consob (the National Securities 
and Exchange Commission)551 after which compliance should be achieved in the next four months. If this 
does not happen, a second warning for compliance within three months and a fine will be issued from 
EUR 100 000 up to EUR 1 000 000 (in case of auditors from EUR 20 000 up to EUR 200 000). Should 
this again fail, the subsequent penalty is the dissolution of the company board.552 Any substitution in the 
board should not result in a disruption of the gender balance. Monitoring is carried out by Consob except 
for companies not quoted in the regulated market, which are monitored by the Prime Minister and the 
Minister on Equal Opportunities.553 The overall arrangement has great potential for effectiveness which 
may be undermined by the fact that compliance is required only for the first three elections. This rule was 
introduced without evidence of the sustainability effect of the quotas. The first nine companies that are 
no longer under this obligation, having passed the first three elections, are still maintaining good gender 
diversity on their boards. Quotas in Belgium helped to quadruple the proportion of women on boards of 
directors between 2008 and 2020.554 A key downside to the Belgium approach is that it does not apply 
to management committees. As a result, the representation of women in these remains at 14.8 %, which 
again speaks to the effectiveness of the measure.

7.3  Public awareness raising

Public awareness raising has proven as an effective tool in the area of elections, as the examples from 
the Netherlands, Liechtenstein and Norway show. A public awareness-raising campaign encouraging 
tactical voting was carried out as a unique endeavour in the Netherlands. The campaign brought to light 
a strategy for effectively electing women to legislative politics, including at the local level: there is a list 
voting system in place according to which a list can be bypassed if a certain threshold of preferential 
votes  has  been  reached.  However,  the  Dutch  national  expert  warns  that  the  strategy  might  become 
the victim of its own success, since now parties know and can take strategic voting into account when 
establishing their electoral lists.

Public outreach was also a key component in Liechtenstein’s successful ‘Diversity in Politics’ (Vielfalt in 
der Politik)555 project, which increased the number of women elected to the National Parliament. According 
to the Liechtenstein national expert, the key ingredient in this project was the fact that it was led by very 
motivated  people  who  ‘are  already  integrated  in  networks  that  are  reliable  and  stable  regarding  the 
financing and the period of operation.’556

In Norway, two campaigns made a significant difference on elections mobilisation. The Equality Ombud 
collaborated with women’s organisations on the ‘Campaign for more women in politics’ which, under the 

549  Sweden, National Report (questionnaire responses).
550  Section 28, GEADA.
551  https://www.consob.it. 
552  Act No. 120/2011 modified Article 147 para 1 ter and Article 148 para 1 bis of Decree No. 58/1998.
553  Decree No. 251 of 30 November 2012.
554 
555  https://www.vielfalt.li/, 17 June 2022.
556  Liechtenstein, National Report (questionnaire responses).

Institute for Gender Equality.

115

motto ‘Choose a woman! Vote diversity!’, focused on both what political parties and the voters can do 
to ‘increase the proportion of women through nominations and cumulations and deletions, respectively.’ 
The first phase was when political parties were encouraged to nominate women, and in the second one 
where the Ombuds worked with voters to change the electoral roll. As a result, the proportion of women 
rose to 37.4 %.557 The second campaign was organised by the Ministry of Local Government and Regional 
Development  and  ran  in  22  municipalities  under  the  title  ‘Showcase  for  women  in  local  politics’.  The 
goal was for half of the municipal councillors to be women. The role of media has been emphasised as 
important to the effectiveness of both campaigns, since the media prepared and disseminated material 
for informing voters about the ‘right to influence the municipal council’s personal composition, how the 
voters’ corrections generally work with regard to gender, and not least, how voters can concretely proceed 
to influence the election result in favour of women.’558

7.4  Shortlisting

Shortlists  are  another  useful  approach  in  elections  that  has  been  used  in  the  United  Kingdom.  On 
grounds of Section 104 of the Equality Act 2010, registered political parties ‘may make arrangements 
in relation to the selection of election candidates in order to address the underrepresentation of those 
with protected characteristics [such as sex] as long as the arrangements are proportionate.’559 Such lists 
have been used in the past by some political parties, notably the Labour Party and the Liberal Democrats 
and have been quite effective in boosting the number of women elected to Parliament. Contrary to the 
frequently mounted critique, research has shown all-women shortlists do not represent a threat to merit: 
‘gender quotas elsewhere, do not facilitate the entry of unqualified women, jeopardise a party’s electoral 
fortunes or lead to the election of sub-par MPs [but they do] reduce barriers for well-prepared women to 
stand as candidates, have neutral or positive effects on party vote shares and produce diligent and active 
MPs.’.560 A key contextual factor of importance according to the UK national expert is the fact that a first 
past the post voting system is used in both general and local elections in the United Kingdom.

7.5  Corrective mechanisms

The corrective mechanism in Malta is an example of shaping the membership of the Parliament, should 
elections fail to produce a gender balanced composition. The measure provides that the number of MPs 
will increase by up to 12 if the number of elected MPs of the underrepresented sex is less than 40 % of all 
elected MPs. The additional 12 MPs are apportioned ‘equally between the absolute majority party or the 
relative majority party and the minority party’. The mechanism applies to national elections only, not for 
the European Parliament elections. Introduced on 20 April 2021, this corrective mechanism will remain 
in force for 20 years ‘unless revoked or re-enacted with or without modification by means of an Act of 
Parliament according to the provisions of the Constitution’.561

7.6 Long-term,sustainedeffortstowardsbuildingagenderequalityculture

Some countries are working on changing the culture and sustaining a culture in which equal gender balance 
would be the norm. For example, in the political field in Iceland, ‘the public image of gender balance has 
worked well – to increase the share of women in politics without legislating like in the corporate field.’562 
In Denmark, a tripartite agreement between social partners and Government representatives focuses 
on changing the culture as a way to tackle sexual harassment. This approach has ownership over the 

557  Halsaa B. (2019), ‘Kampanjer for kvinner i kommunepolitikken (campaigns for women in local elections) in Tidsskrift for 

kjønnsforskning, Gender Research, Årgang 43 No. 3.

558  Halsaa B. (2019), ‘Kampanjer for kvinner i kommunepolitikken (campaigns for women in local elections) in Tidsskrift for 

kjønnsforskning, Gender Research, Årgang 43 No. 3.

559  United Kingdom, National Report (questionnaire responses).
560  Nugent, M.K., Krook, M.L. (2016), ‘All-Women Shortlists: Myths and Realities’, Parliamentary Affairs, Volume 69, Issue 1, p. 117.
561  https://legislation.mt/eli/const/eng.
562 

Iceland, National Report (questionnaire responses).

116

PROMOTION OF GENDER BALANCE IN POLITICAL DECISION-MAKINGGood practices

process as a strong attribute that can result in a lasting change. The Swedish national expert points to 
the long-term building and sustaining of a ‘gender equality culture’ as the leading component for success. 
As a result, Sweden has not had a need to legislate measures such as quotas, as ‘they are a result of a 
very conscious gender equality policy that demand for continuous work in all levels of decision-making. 
Common  for  this  work  is  that  it  is  based  on  goal  setting,  action  plans,  evaluations  and  renewed  goal 
setting. The pursuit for gender balance in decision-making (and elsewhere) is not regarded or described 
as a temporary struggle, but as a permanent ingredient in governance activities, just like safeguarding of 
financial stability or compliance with the rule of law.’563

7.7   Strategic approach to institutional and culture transformation: action 

programmes and gender audit

Some measures for institutional and culture transformation can be pointed out as good practices. The 
strategic approach to the issue by the Swedish and the United Kingdom Parliaments is worth considering.

The  Swedish  Parliament  has  an  action  programme  for  gender  equality  for  each  parliamentary  term 
which is prepared by the Board of the Parliament. The aim of this programme is work towards a ‘gender-
conscious  parliament’  understood  to  include  ‘gender  balance  in  different  bodies  and  contexts;  gender 
mainstreaming  should  be  integrated  into  the  activities  and  processes;  an  internal  culture  where  both 
women and men are respected and where resources are equal; the balance between mission and family 
responsibilities is facilitated; both women and men shall participate in gender equality processes.’564 On the 
basis of interviews with MPs, this programme also included plans ‘to conduct seminars on communication 
strategies to promote a good climate for debate, proposing ways of increasing the security of the role 
of  MP,  examine  ways  of  supporting  victims  of  abuse  and  sexual  harassment  in  Parliament,  review 
information for MEPs on how to access occupational health services for support.’565

In the United Kingdom, the 2018 ‘Gender Sensitive Parliament Audit’566 identified a number of barriers, 
including:  ‘the  culture  of  Parliament  as  highlighted  in  recent  reports  of  bullying  and  harassment,  and 
sexual  harassment;  the  challenges  that  working  in  Parliament  poses  for  family  life,  including  the 
unpredictability of business and potential long hours; the financial impact of standing for Parliament; and 
online threats and threats to physical security, in particular gender-based intimidation, harassment and 
violence against female Parliamentarians and female candidates.’567 On the basis of these findings, the 
Parliament introduced a number of measures, discussed in detail in Chapter 2. ODIHR recently published 
a guide on Participatory Gender Audits in parliaments which drew on the experience with gender audit in 
the UK Parliament.568

7.8   Private-work life balance measures: predictable schedules, calendars, voting 

adjustments, paid leave, infrastructure interventions

Private-work life balance measures have been identified in relation to gender balance in decision making 
positions in the legislature and in the executive.

Out of the measures on procedures and operation of the legislature, national experts identify several 
measures that have been required under law and put into practice. In Denmark, there are adjustments 
geared towards private life-work life balance, such as predictable schedules and calendars, and parental, 

563  Sweden, National Report (questionnaire responses).
564  Sweden, National Report (questionnaire responses).
565  Sweden, National Report (questionnaire responses).
566  UK Parliament UK Gender-Sensitive Parliament Audit 2018 (26 November 2018), available at UK Parliament Gender Sensitive 

Parliament Audit Report, https://www.parliament.uk/globalassets/documents/lords-information-office/uk-parliament_-
gender-sensitive-parliament-audit_report_digital.pdf.
567  United Kingdom, National Report (questionnaire responses).
568  OSCE ODIHR (2022), Participatory Gender Audits of Parliaments, a Step-by-Step Guidance Document.

117

sickness and family leave. Ordinary meetings and annual seminars are planned one year in advance, and 
only extraordinary meetings can be planned ad hoc by the mayor or one third of the council.569 The MPs 
are entitled to paid childbirth and adoption leave, and paid leave for caring for a seriously ill child.570 

In Norway too, the local representatives in counties and city councils have many of the same rights as 
employees,571 which includes a right to prenatal examinations, pregnancy leave up to 12 weeks during 
pregnancy, leave of absence to take care of a child including 2 weeks for the father or for adoptive parents 
and foster parents, maternity leave of 6 weeks for the mother after birth, parental leave of a total of 12 
months for both parents, time off for nursing mothers, and a leave of absence for sick child, and care 
and nursing of close relatives.572 MPs and summoned deputy representatives during the serving period 
have the right to keep the remuneration according to similar rules applicable to employees in the state 
during pregnancy, care and maternity leave, and leave in case of illness of children and childminders.573 
Breastfeeding is in practice allowed, although under the internal regulation it is still a grey zone.574

Since September 2020, after piloting it, the United Kingdom Parliament introduced a proxy voting option 
for mothers, fathers and adoptive parents whereby biological mothers and primary (or single) adopting 
parents can use proxy voting for seven months, taken continuously, and fathers or partners for two weeks. 
An MP parental leave cover fund was established to enable MPs to cover additional staffing costs (for 
example, for staff hired to cover constituency duties).

Some  measures  on  infrastructure  have  been  identified  as  potentially  good  practices.  The  German 
Parliament has a play, breastfeed, and baby changing room and the nursery can accept up to 10 children 
from parliamentarians.575 In Sweden MPs can use temporary childcare for children between the ages of 
1 to 12 in the Parliament’s premises and, if necessary, until 11 p.m.576 In the United Kingdom Parliament 
there has been an on-site nursery since 2010.

Some measures have been undertaken which can boost support for work-life balance in the executive. In 
the United Kingdom, legislation equips the Prime Minister with the power to grant Government ministers 
six months of maternity leave on full ministerial pay. It also enables some senior members of the official 
Opposition  to  take  six  months  of  paid  maternity  leave.  In  France,  it  is  the  wide  and  encompassing 
action consisting of several measures that is recognised as a good practice. Gender balance efforts in 
the executive branch have not only targeted appointment procedures but take a wide-ranging approach 
to focusing on the working environment within administrations by, for instance, implementing a gender 
equality action plan. The numerous pieces of legislation introduced concern all levels of administration, 
while,  according  to  a  pending  bill,  even  small  towns  of  less  than  1  000  residents  will  have  binding 
legislation in this area. Monitoring and enforcement have been key elements of success; the High Council 
on Equality is empowered to impose fines on public administrations that do not respect gender balance 
rules and nudges administrations to self-enforce and rigorously implement them.

569  Statutory Act on Local Municipality Government, Section 8, 9a.
570  Standing Order of the Danish Parliament section 41(3) and (4), Parliamentary Elections Act sections 109 (10) and (11).
571  Working Environment Act, Article 12-1 to 12-10.
572  Act relating to working environment, working hours and employment protection, etc. (Working Environment Act) of 

17.06.2005 No. 62, Section 12-1 to 12-10.

573  Working Environment Act (Chapter 12), Act relating to National Insurance of 28.02.1997 No.19 (Chapter 14), and the Main 

Tariff Agreement in the state.

574  See article from Nrk (28 October 2021), ‘Skal avgjøre regelverk for amming i stortingssalen’ (Shall determine the rules 
on breastfeeding inside the parliamentary hall), https://www.nrk.no/sorlandet/skal-avgjore-regelverk-for-amming-i-
stortingssalen-1.15707980.

575  Scientific Service of the Federal Parliment (2022), Family friendly regulations for parliamentarians (Familienfreundliche 
Regelungen für Abgeordnete), www.bundestag.de/resource/blob/893022/3402cae6f825fee117572826c06cdcbc/
WD-9-012-22-pdf-data.pdf#:~:text=Einen%20Anspruch%20auf%20Elternzeit%20bzw.%20Elterngeld%20haben%20
Abgeordnete,fünf%20Jahren%20ein%20Spiel-%2C%20Still-%20und%20Wickelzim-%20mer.

576  The Act (2016:1108) on remuneration for Members of Parliament, Chapter 8, available (in Swedish) at: https://www.

riksdagen.se/sv/dokument-lagar/dokument/svensk-forfattningssamling/lag-20161108-om-ersattning-till-riksdagens_sfs-
2016-1108.

118

PROMOTION OF GENDER BALANCE IN POLITICAL DECISION-MAKINGGood practices

7.9  Harassment and sexual harassment complaints mechanisms

Good practices in relation to the internal mechanisms regulating and sanctioning harassment and sexual 
harassment were identified in the legislature and in public enterprises.

In the legislative branch or at the local level, only one practice shows enough promise to be singled out 
as a good practice in relation to the internal mechanisms regulating and sanctioning harassment and 
sexual harassment due to its institutional embeddedness, potential for effectiveness and legal bite. In 
the United Kingdom, a new Independent Complaints and Grievance Scheme was introduced in order to 
bring a ‘more robust complaints procedure for those who are victims of inappropriate behaviour including 
harassment and sexual harassment. Different processes and sanctions apply, depending on the nature 
of the role of the respondent.’577 The sanctions for those MPs against whom complaints are upheld are 
to be decided by a new independent expert panel established in 2020. The proposed sanctions cannot 
be  amended  or  rejected  by  the  Parliament  without  a  debate.  The  Women  and  Equalities  Committee 
conducted a recent inquiry concluding that this scheme was overall a significant move forward, in ‘tackling 
the House of Commons’ damaging culture of bullying, harassment and sexual misconduct.’578

Regarding  the  internal  regulations  and  sanctioning  of  harassment  and  sexual  harassment  in  public 
enterprises, we identified a good practice in Iceland. In this country, all companies and institutions with 
25 or more employees per annum should create a gender equality plan or mainstream gender equality 
perspectives into their personnel policy as a way to ensure the rights provided in Articles 6–14 of the 
Gender Equality Act,579 which includes taking special measures against harassment or sexual harassment 
in the workplace or institution. A person against whom a harassment or sexual harassment case has been 
raised and who holds a superior position, during the examination of the case, will be considered as not 
competent to take decisions regarding the working conditions of the claimant and the next superior in line 
should take such decisions. Compulsory equality plans for companies and their regulation (content-wise 
and obligation of registration) is also a potentially good practice from Spain.580

7.10  Equal Treatment Coordinators

Some  potential  that  can  be  further  explored  towards  becoming  a  good  practice  in  relation  to  gender 
balance in decision making opsitions in the executive has been identified in Poland. The equal treatment 
coordinators, positioned in the ministries, Chancellery of the Prime Minister and the Central Statistical 
Office, have been recognised as potentially able to work towards gender balance on the long run, since 
their task is to ‘promote the principle of equal treatment (including the equal treatment of women and 
men), provide the information on compliance with the principle of equal treatment, cooperate with the 
Government Plenipotentiary for Equal Treatment and with non-governmental organisations working for 
equal treatment and against discrimination.’581 In the view of the national expert for Poland, the promise 
of this practice depends on it being ‘implemented in an actual, not a superficial way’.582

577  United Kingdom, National Report (questionnaire responses).
578  United Kingdom, National Report (questionnaire responses).
579  GEA No. 150/2020.
580  Royal Decree 6/2019 on urgent measures for ensuring equal treatment and opportunities for women and men in 

employment and occupation (Real Decreto-ley 6/2019 de medidas urgentes para garantía de la igualdad de trato y de 
oportunidades entre mujeres y hombres en el empleo y la ocupación), 1 March 2019, https://www.boe.es/buscar/doc.
php?id=BOE-A-2019-3244, and Royal Decree 901/2020 regulating equality plans and their registration and amending 
Royal Decree 713/2010, of 28 May 2010, on the registration and deposit of labour agreements and collective bargaining 
agreements (Real Decreto-ley 901/2020 por el que se regulan los planes de igualdad y su registro y se modifica el Real 
Decreto 713/2010, de 28 de mayo, sobre registro y depósito de convenios y acuerdos colectivos de trabajo), 13 October 2020, 
https://www.boe.es/diario_boe/txt.php?id=BOE-A-2020-12214.

581  Poland, National Report (questionnaire responses).
582  Poland, National Report (questionnaire responses - follow up).

119

7.11  Promoting women at special minority elections

Of  the  few  measures  implemented  to  support  women  from  minority  groups  overall,  Croatia  has 
an  approach  that  can  be  singled  out  as  best  practice,  especially  as  it  is  in  an  area  where  women’s 
representation is usually more challenging – local government. Through the special minority elections and 
appointment rules exercised in the country, which aim to have guaranteed minority representation in the 
different levels of government, a deputy mayor or prefect must be a member of a minority in the local 
communities where ethnic minorities live, and this must be included in the statute of the local or regional 
unit. Failure to do so results in renewed elections. While this measure does not target women directly, 
it has in practice had a positive impact on women from minority groups, as now women deputy mayors 
from minority groups stand at 38.9 % of the mayor deputy positions overall.

7.12 Softregulationandsupport:certification,goodpracticeguide,transparency

In soft regulation and other types of support, we identified two good practices. In Malta, an equality mark 
certification is awarded by the National Commission for the Promotion of Equality to employers who give 
true importance to gender equality. The application process involves an audit of all measures which the 
employers are undertaking in order to ensure that the workplace is gender balanced. One proof would be 
the presentation of an organigram showing whether there is a gender balance with regard to the decision-
makers  in  the  organisation.583  In  France,  a  guide  to  good  practice  in  the  industrial  sector  has  been 
developed which recommends: better work-life balance, no tolerance of sexism, changing the company 
cultures,  helping  develop  leadership  skills  through  mentoring,  adjusting  the  recruitment  processes  to 
pick more women, avoiding bias algorithms used in recruitment which perpetuate former male profiles 
for  those  positions.  The  guide  gives  real  examples  of  companies  that  use  these  practices  (public  and 
private).584 One promising practice regarding transparency comes from Denmark. Measures to increase 
transparency  that  will  come  into  force  in  2023  will  allow  interested  investors,  such  as  international 
investors, and the public to get easy insight into what is done and what is not done at company level to 
improve gender balance in leadership.

583  https://ncpe.gov.mt/en/Pages/The_Equality_Mark/The_Equality_Mark.aspx.
584  https://www.semaine-industrie.gouv.fr/files_sedi/files/IndustriElles/guide_des_bonnes_pratiques_innovantes_en_

matiere_d_egalite_femmes_hommes.pdf.

120

PROMOTION OF GENDER BALANCE IN POLITICAL DECISION-MAKING8  Conclusions and recommendations

8.1  Conclusions

The report analysed the promotion of gender balance in decision making in political life in the 27 EU 
Member States, and in Iceland, Liechtenstein, Norway and the United Kingdom. It focused on elections, 
the legislative branch, the executive branch, and public enterprises. Given that the issues that we have 
examined have rarely been considered from a legal perspective, the purpose of the report was largely 
exploratory. The report aimed to:

(1)  map and bring to light the current legal (hard and soft law) framework on the promotion of gender 

(2) 
(3) 

balance in decision making in political life in the countries covered by the report;
identify obstacles to promoting gender balance in decision making in political life;
identify  national  promising/good  practices  on  promoting  gender  balance  in  decision  making  in 
political life; and 

(4)  propose possible ways forwards for European Union and Commission action.

The focus of the report was on legal regulation and includes both hard law and soft law. It focuses on 
regulations that aim to or can lead to descriptive representation of women, but also on those that aim to 
or can lead to substantive and symbolic representation. The primary focus in the report was on women, 
and an intersectional prism was used to the extent possible given the methodological limitations, and 
considering that the data was collected via desk research and a written questionnaire filled out by the 
legal experts on gender of the EELN. The data collected was analysed using a thematic analysis and a 
comparison.

The report stresses that the standards prescribed by international human rights law on the promotion of 
gender balance in decision-making positions are legal obligations, rather than policy options. In Chapter 2 
the report reviews the United Nations and the European regional level standards (Council of Europe, OSCE 
and EU). All relevant standards identified are applicable to all countries covered by this report, without any 
reservations or declarations. The hard law obligations are prescribed in a more general manner, which, 
as this report shows, was used as room for the countries to put in place approaches and devote means 
that are adequate for their national levels. Hard law standards establish the framework for active and 
passive voting rights, adoption of temporary special measures, participation in public policy processes, 
and  eliminating  all  discriminatory  laws,  regulations  and  practices.  These  standards  have  been  further 
detailed in soft law and in authoritative interpretations of the law (such as general comments and general 
recommendations), and expand to wider issues, such as a common understanding of what constitutes 
balanced representation, the need for electoral system reforms, and so on.

The  overall  conclusion  is  that  there  is  significant  potential  that  can  be  encouraged,  furthered  and 
streamlined by further regulation of minimal standards at EU level. In addition to this overall conclusion, 
we identified ten other main common themes.

1) 

The obstacles to women’s participation remain the ‘fiveCs’:care,cash,confidence,585 culture and 
candidate selection. While measures to target some of these have been undertaken, more direct 
legal action is generally absent. Measures are mainly voluntary, or are not tied to any sanctions. 
Thus, they lack legal bite.

2) 

Although  in  a  very  limited  manner,  efforts are currently slowly moving from ‘just’ descriptive
representation towards undertaking measures that can work towards measures for institutional 

585  Please see conclusion 7 in this list for an additional explanation on ‘confidence’ as an obstacle. In addition, as discussed 

throughout this report, placing a focus only on the confidence of women directs the focus away from structural obstacles 
and from the centers of power that generate obstacles for the promotion of women to decision-making positions.

121

and cultural transformation. This is a crucial step, since, as this report shows, cultivating gender 
culture  can  work  towards  gender  balance  in  decision  making  even  in  the  absence  of  mandatory 
measures. Such a culture is also crucial for ensuring the sustained effects of any of the measures 
undertaken. Nevertheless, measures on procedures and the operation of the legislature, infrastructure 
and funding have not been fully or systematically explored at the national levels.

3)  Quotas are the most commonly used tool throughout all areas considered in this report – elections, 
legislature, executive and public enterprises. The report shows several features of the use of quota. 
There is a progressive increase in threshold of representation in most of the countries, generally 
from 30  % to  40  %. If there is a spill over of the  influence of quotas, it usually flows from  the 
legislature and/or public enterprises to other areas; the executive is rarely shaped by quotas. Quotas 
continue to be treated as temporary and in some places they are at the stage of being phased out, 
although the element of settled practice is not always taken into consideration when phasing out 
quotas, which can result in terminating a quota before a more lasting impact can be ensured. The 
potential of quotas is usually weakened and undercut by their voluntary nature, lack of sanctions, or 
lack of implementation of the prescribed sanctions. Finally, measures that can boost or speed up the 
effect of quotas, such as the zipper system for electoral quotas, are not always used. In brief, if well 
designed, supported, and given legal bite, quotas produce results.586 However, there are no practices 
of nested quotas, i.e. quotas for women from minority groups within the quotas for women, or vice-
versa as discussed in the next point.

4) 

5) 

There is a lack of an intersectional perspective on the issue in general. There is almost a complete 
absence of measures tailored for or aiming towards the promotion of participation of women from 
minority groups. Moreover, in some places there are legal obstacles in place that can impede the 
implementation of such measures, such as prohibition of data collection on grounds of ethnicity. 
In  other  places,  the  understanding  of  women  or  gender  is  still  such  that  women  are  seen  as  a 
homogenous  group  that  can  be  reached  with  the  same  measures,  thus  there  is  an  expectation 
that general gender measures or general minority measures will also produce results for women 
from  minority  groups.  Where  such  measures  exist,  they  are  largely  focused  on  the  community 
pillar  of  participation,  i.e.  participation  in  their  own  communities,  and  not  on  the  general  pillar 
i.e.  participation  in  decision-making  positions  in  political  life.  There  is  a  notable  absence  of  an 
intersectional perspective from the issue of participation; the measures do not accommodate for 
women from these groups, nor do they provide for nested quotas or other similar measures.

The  status of elected representatives as ‘elected’ creates obstacles  for  women.  As  elected 
representatives  are  almost  without  exception  not  considered  as  employees,  they  lack  the  rights 
awarded to persons in decision-making positions that are employed in the legislature, executive, 
and public enterprises. The fact that many of the positions at local level not only do not count as 
being employment but do not attract a salary and offer another type of compensation makes these 
positions  even  more  unattainable  for  women.  This  particular  election  status  also  means  that  in 
some countries MPs cannot benefit from harassment and sexual harassment mechanisms as these 
are in place only for persons with employee status.

6) 

The spread of online violence against women in decision-making positions in political life, and 
MPs and members of Government in particular, has not led to an equally strong state reaction. 
Measures for dealing with online violence are still introduced ex-post. Moreover, national experts 

586  A similar finding has been established by Eléonore Lépinard and Ruth Rubio-Marín. They put forward the following policy 
proposals as to what quotas should be: based on a rationale that will not backfire; accompanied by complementary 
measures; expanded and applied in different fields and by different authorities; monitored by mandated bodies including 
via indicators for symbolic representation; include nested quotas; supported by sex-disaggregated data; media-monitored, 
and encouraged public debate; market-specific arguments supported; and aspired to by international actors. Source: 
Lépinard, E. and Rubio-Marín, R. (2013), Gender Quotas: Towards Parity Governance?, Policy Brief, Issue 2013/08, European 
University Institute; Quota Project, Global Database of Quotas for Women, International Institute for Democracy and 
Electoral Assistance, Stockholm University and Inter-Parliamentary Union, http://www.quotaproject.org/aboutQuotas.cfm.

122

PROMOTION OF GENDER BALANCE IN POLITICAL DECISION-MAKINGConclusions and recommendations

7) 

8) 

9) 

report a trend of bringing violence from the virtual to the real world, and to the homes of women in 
decision-making positions in particular. This can have a further negative impact on the motivation 
and readiness of women to engage in public and political life.

Activities undertaken to promote gender balance in decision making in public life in the four areas 
covered by this report (elections, the legislature, the executive, and public enterprises) largely target 
women and overlook persons in positions of power inside the decision making bodies, such as 
leaders  of  political  parties.  Previous  research  has  shown  that  gender  bias  plays  a  crucial  role  in 
recruitment and selection, and thus shows that such measures should target party leaders.587 This 
is still not the case.

States  are  still  not  imposing  measures  on  political  parties.  These  entities  are  seen  as  self-
governing with no place for state intervention. Where states have voluntary measures that are left 
only to the political parties, positive results are lacking. The potential of measures through which the 
state can condition behaviour from political parties has been largely limited to conditioning of public 
funding, albeit sometimes without any (serious) consequence, thus also failing to produce results.

There are varying approaches to data collection, processing and publishing on aspects of the 
promotion of women in decision-making positions in all four areas in focus in this report in the EU 
and EEA countries. The approach to mandating an institution to collect, process and publish data 
is  very  different  across  the  EU  and  between  Member  States.  This  is  a  great  impediment  for  the 
comparability  of  the  data,  which  makes  the  data  collection  work  by  the  EIGE  and  the  FRA  even 
more important. The collected data is also not in line with the findable, accessible, interoperable 
and reusable standard, thus preventing wide (re)use including for monitoring purposes by non-state 
parties. Almost no data is collected regarding persons leaving politics that can help understand the 
reasons among women in general and women through an intersectional perspective.

10)  There  are  almost  no  mechanisms  or  measures  in  place  to  prevent  regression.  Measures 
undertaken to boost gender balance in decision-making positions are usually understood as positive 
action and because of that are temporary in nature. However, their temporariness is understood 
as an absolute and heralds an unrealistic understanding of progress as permanent once obtained. 
They are not in any way treated as a feature of governance or democracy, which results in a lack 
of mechanisms or measures to prevent regression. Adjustments to electoral systems, for example 
by changing from majoritarian to proportional representation, and to democratic processes, such 
as by introducing proxy voting or remote work possibilities, have not been explored much at the 
national levels through a gender lens. The potential of gender audits has hardly been explored at 
all, although there are a few exceptions.

11)  The  report  clearly  shows  the  power  of  mobilisation  that  legislative  action  at  EU  level  can 
have at the national level in the Member States. Where the EU has taken legislative action, the 
results are visible at the national level and, even where such measures have not been put in place, 
discussions  on  the  matter  have  started.  Conditions  at  the  workplace  are  taking  a  positive  turn 
thanks to the measures taken for upholding the principle of equality in relation to gender, and to 
measures undertaken towards improving work-life balance. These developments, in particular those 
connected to work-life balance, can be linked to the alignment with the EU directives. In addition, the 
approach towards quota prescription in general, and gender balance on boards in public enterprises 
in particular, seems to be adjusting in anticipation of the adoption of the proposal for a directive 
on gender balance on company boards. Also, these results directly improve the conditions for the 
promotion of gender balance in decision-making positions, as per the focus of this report. However, 
the current EU legislation is not sufficient, as it leaves a large portion of the basic minimal conditions 

587  Council of Europe (2016), Third round of monitoring on the implementation of CM Recommendation Rec (2003)3 on balanced 

participation of women and men in political and public decision-making Analytical report - 2016 data, Council of Europe, p. 106.

123

for the promotion of women in decision making out of its scope. These are discussed further in the 
next section.

8.2  Ways forward

The report findings confirm that not regulating or foreseeing only voluntary approaches did not work and 
that a hard law approach is needed if real progress is to be achieved in the next decade. Considering the 
impact that EU legislative action has even when only at a proposal stage, as was demonstrated by the 
now adopted Directive on improving the gender balance among directors of listed companies and related 
measures,588 and that some measures are in place in most of the EU Member States and in all of the EEA 
countries, the authors consider that action by the EU on the issue is desirable. Such action can encourage, 
advance and streamline a European area of minimum standards on gender balance in decision-making 
positions in political life, and can move those countries where no such progress or efforts have taken place. 
Furthermore, as highlighted in a previous EELN report on positive action, the thus far favoured approach 
by the EU Council that the ‘pursuit of women’s equality (other than the eradication of discrimination, and 
very broad standard setting) is best handled at the national level’ should be abandoned and that ‘the 
‘experiment’ of doing so has produced a plethora of information but patchy results, and that it is now 
past time for the Member States to approve a coordinated approach at the EU level’.589 The legal basis 
for such action at EU level, including the founding treaties and the Charter, was discussed in section 2.5 
of this report.

There are several key points that can be recommended, if legislative action is considered by either the EU 
or by the Member States. 

(1)  There is clear evidence that the use of mandatory measures should be favoured in any (proposal 

for) legislative action.

(2) 

It is advisable that measures are given legal bite, and that they are accompanied by supporting/
boosting measures and/or by sanctions. For example, annulment of electoral lists if they do not 
abide to the minimum required representation proportion.

(3)  While their wide use suggests a receptive political context, any quotas put in place would work best 
if they are well designed, sufficiently timed to achieve sustained effects, supported, and given legal 
bite. 

(4)  Measures for institutional and cultural transformation are necessary and as such it is advisable 
that they are not left within the policy or voluntary realm. Such measures can include, for example:

a.  Measures relating to the procedures and operation of the legislature: adjustments geared 
towards private life-work life balance (foreseeable schedules and calendars, overlap of work 
with  school  seasons,  flexible  working  conditions  and  meeting/session  schedules);  monitoring 
speaking time per gender; monitoring composition of working bodies per mandate in terms of 
traditionally  masculinised  mandates  (defence,  finances)  vs  the  feminised  ones  (social  policy, 
education); provision of maternity leave, paternity leave, family and parental leave, sickness 
leave, and access to pension schemes for officials in decision-making positions who do not have 
an ‘employee’ status; including gender equality module(s) in training programmes for elected 
representatives and for other persons in decision-making positions; institutional gender equality 

588  Directive (EU) 2022/2381 of the European Parliament and of the Council of 23 November 2022 on improving the gender 

balance among directors of listed companies and related measures, https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=u
riserv%3AOJ.L_.2022.315.01.0044.01.ENG&toc=OJ%3AL%3A2022%3A315%3ATOC. 

589  McCrudden, C. (2019), Gender-based positive action in employment in Europe A comparative analysis of legal and policy 

approaches in the EU and EEA, European Commission, p. 210.

124

PROMOTION OF GENDER BALANCE IN POLITICAL DECISION-MAKINGConclusions and recommendations

strategic  planning  and/or  audit  (for  example,  adopting  a  gender  equality  plan;  conducting  a 
gender audit);
Infrastructure measures: adjustments to the architectural surroundings as part of the efforts 
to  encourage  participation  of  women,  such  as,  lighting,  building  or  adjustment  of  space  for 
daycare facilities, accessibility adjustments; and
Funding  measures:  observance  of  gender-responsive  budgeting,  and  earmarking  funds  to 
support measures for gender balance in decision making.

b. 

c. 

Further, specific examples per country, can be found in Chapter 7 Good practices.

(5) 

(6) 

It  is  advised  that  consideration  is  given  as  to  how  any  measure  that  is  introduced  can  be 
transformed into a feature of governance that can produce sustainable results and work as a 
shield against regression. Positive action measures are a good example to this end. As discussed in 
the previous section, these measures are often conceptualised as temporary in nature. Transforming 
positive action measures into features of governance will include recognising the necessity of these 
measures in any democratic society and with that recognising the permanent nature of the need for 
their application.

It  is  recommended  that  any  measure  introduced  is  formulated  in  a  way  that  will  integrate  an 
intersectional  perspective,  in  particular  to  include  women  from  minority  groups,  women  with 
disabilities  and  lesbian,  bisexual  and  trans  women.  This  presupposes  that  the  one-dimensional 
approach is abandoned and that measures consider women in all their diversity. For example, this 
can be done through the use of nested quotas. The designing, targeting, conducing, funding, and 
evaluating of activities such as education, capacity building or public awareness raising, should be 
conducted with an intersectional perspective in mind, including of activities organised in relation to 
the European Parliament elections.

(7)  There  is  a  need  for  debating  the  problem  posed  by  the  status of ‘elected’ officials  in  order  to 
identify the best way to secure the needed rights and protection of elected officials, in particular MPs 
and Government representatives. Extending protection against online violence and online violence 
spilling  from  the  virtual  to  the  real  world,  and  against  harassment  and  sexual  harassment  to 
elected officials should be part of this conversation, as should obliging political parties to undertake 
measures on gender balance in decision making inside the political parties and as candidates for 
elections. 

(8) 

It  would  be  beneficial  if  the  targeting  of  education  and  capacity  building  measures  includes 
political parties and political leaders in particular. Visibility of women in political parties can be 
part of these efforts. But, the core of any activities, such as awareness raising or capacity building, 
has to be with the key persons in positions of power inside the political parties, such as leaders of 
political parties. This recommendation applies to all activities, including those organised in relation 
to elections at all levels and the European Parliament elections.

(9)  An  internal  dialogue  in  the  Member  States  on  adjustments  to  electoral  systems  and  democratic 
processes  can  be  strongly  encouraged  and  can  be  supported  by  specific  methodologies,  such  as 
gender  audits.  This  can  also  work  in  the  direction  of  what  is  suggested  by  recommendation  5 
included in this list.

(10)  It is recommended that monitoringefforts are enhanced, conducted in a manner that will enable 
comparability of findings across Member States, and will include issues that have thus far been 
largely not in the focus, such as monitoring of persons leaving politics. This can include a standard 
for data collecting, analysing and publishing developed in cooperation with and under the guidance 
of EIGE and FRA, and in line with the findable, accessible, interoperable and reusable standard in 
order to facilitate wider and enhanced monitoring efforts.

125

(11)  Serious consideration should be given toinstitutionalisingandprovidingsufficientresourcesto
methods that have been used throughout the years and have worked, such as awareness raising 
and mentoring. This can be considered as an investment in the permanence of the progress. This 
recommendation  applies  to  any  activities  undertaken  in  relation  to  elections,  including  European 
Parliament elections.

Legislative  action  by  the  EU  will  require  overcoming  several  challenges.  Firstly,  building  a  consensus 
among the Member States will be challenging, as other legislative efforts have shown. Second, some of 
the recommendations included herein will require a paradigm shift with regards to treating gender equality 
measures, including positive action, as governance features. The push needed for this shift to occur will 
need to come from the Member States and will require significant work, including constitutional work, 
which is beyond the scope of this report and the EU’s reach. Until this shift occurs, all legal challenges that 
positive action faces at EU level, discussed in detail in the EELN’s report ‘Gender-based positive action in 
employment in Europe’,590 will be challenges for any legislative action that might include proposals for 
positive action. Finally, engaging the Member States and moving on from the current status quo will be a 
very lengthy process. A more immediate step that can have some positive impact at the national level in 
the Member States can be adopting a new recommendation that will succeed, update, and upgrade the 
96/694/EC Recommendation on the balanced participation of women and men in the decision-making 
process, starting from the eleven points discussed above and this report’s findings.

Finally, this report reiterates the importance of observing gender equality as a value in practice, and to 
use the support for women’s equality enjoyed at the moment591 in order to propose a specific legislative 
action.  This  is  crucial  if  any  steady  progress  is  to  be  achieved  and  sustained  in  relation  to  women  in 
decision-making positions in political life.

590  McCrudden, C. (2019), Gender-based positive action in employment in Europe A comparative analysis of legal and policy 

approaches in the EU and EEA, European Commission.

591  McCrudden,C. (2019), Gender-based positive action in employment in Europe A comparative analysis of legal and policy 

approaches in the EU and EEA, European Commission, p. 215.

126

PROMOTION OF GENDER BALANCE IN POLITICAL DECISION-MAKINGAnnex:  Questionnaire on promotion of gender balance in political 

decision-making

1  Elections

1.1 

 Is there any legislation or policy which encourages or mandates gender balance in the leadership 
and membership of political parties?

1.2 

Is there any legislation or policy which encourages or mandates gender balance in the selection of 
candidates by political parties for national, regional, and local elections?

1.3 

Is  there  any  legislation  or  policy  which  encourages  or  mandates  gender  balance  in  selecting 
candidates by political parties for the EU Parliament elections?

1.4  Have any measures been introduced to encourage gender balance in the composition of electoral 

management bodies and observer commissions at any level in your country?

1.5  Please briefly describe any measures or activities (such as campaigns) conducted in your country 

to encourage women to vote in the national, regional, local and EU Parliament elections.

Please also include any measures or activities that have been or are conducted or are planned in 
relation to the upcoming EU Parliament elections.

1.6  How would you assess the effectiveness of the legislative, policy or other measures you identified 

under questions 1.1-1.5. in terms of promoting gender balance in elections?

Please include references to any studies or reports on monitoring and evaluation of these measures 
that you are aware of.

1.7  Have there been any instances or cases reported to the competent institutions of violation of the 
passive or active voting rights of women (i.e. women as voters or women as candidates) 
in your country?

Please mention relevant case law if there is any. If there are any aspects of the legal framework 
which are in your view problematic in such cases, please mention these. If there is any published 
research on this issue which you think may be useful, please share. 

1.8 

Is  there  an  official  mechanism  or  (media)  authority  tasked  to  monitor  sexism  and  sexist  hate 
speech in campaigns? If yes, what are its competences and how would you assess its work?

1.9  Are any sanctions or other consequences prescribed for sexism or sexist hate speech in campaigns? 

2 

The legislative branch

When thinking about the legislative branch and answering the questions in this section of the questionnaire, 
please consider the following decision-making positions in national and federal parliaments:

 –
 –
 –
 –

Presidents, vice-presidents, and members of parliaments
Presidents, vice-presidents, and members of parliamentary bodies
Presidents, vice-presidents, and members in permanent, temporary or ad-hoc delegations
Other decision-making positions in the parliament relevant in your national context (for example, 
general secretaries)

127

 
 
Although not part of the legislative branch, due to its elected nature, we kindly ask you in this section 
of  the  questionnaire  to  also  reflect  on  the  local  (municipal)  and  regional  councils.  In  particular, 
when thinking about the local and regional government(s) in your country, please consider the following 
decision-making positions: 

 –

Mayors, presidents of councils, vice-presidents of councils, members of councils/assemblies

2.1  Have  any  positive  action  measures  (including  quota)1  been  introduced  in  your  country  for 
the promotion of women in decision-making positions in the legislature? If yes, could you briefly 
describe what the measures entail, how they are enforced, are they tied to any sanctions, are funds 
allocated for their implementation, and how are they monitored?

Please  include  a  clear  reference  to  the  legal  ground  for  the  measure,  where  there  is  one,  or  to 
another document where the measure is established. Please state explicitly if a measure applies 
specifically or also to elections for the EU Parliament.

2.2  Have  any  measures  been  undertaken  in  your  country  to  support  cultivating  an  environment 
conducive to the promotion of gender balance in decision-making positions in the legislature through 
an institutional and culture transformation, including for the purposes of retention of women 
in decision-making position in the legislature?2

2.3  Have  measures  to  encourage  greater  involvement  and  participation  in  decision-making  in  the 
legislature for all women from minorities been introduced or any proposals for such measures 
initiated?  Are  there  any  such  measures  for  people  from  minorities  in  general  and  marginalised 
communities  that  women  from  these  groups  can  benefit  from?  Are  you  aware  of  any  obstacles 
which impede or might impede the implementation of these measures?

2.4  Are  there  any  soft  or  hard  law  measures  or  provisions  you  could  identify  in  your  country  that 
would create an obstacle for achieving gender equality or would hinder participation of women in 
legislature?

2.5  Please  briefly  describe  any  other  activities3  that  have  been  conducted  in  your  country  for  the 

promotion of women in decision-making positions in the legislature.

2.6  How would you assess the effectiveness of the measures you identified under 2.1., 2.2. and 2.3. in 

terms of promoting gender balance in political decision-making?

1 

2 

3 

Such measures include quotas, tie-break policies, preferential treatment, indirectly inclusive measures, modification or 
redefining of ‘merit’, or other.
Some examples of such measures include:
Measures on procedures and operation of the legislature such as adjustments geared at private life-work life balance 
(foreseeable schedules and calendars, overlap of Parliament/council sessions with school seasons, flexible working 
conditions and meeting/session schedules), monitoring speaking time of elected representatives per gender, monitoring 
composition of working bodies per mandate in terms of traditionally masculinised mandates (defence, finances) vs the 
feminised ones (social policy, education), provision of maternal leave, paternal leave, family and parental leave, sickness 
leaves, and access to pension schemes for officials in decision-making positions who do not have an ‘employee’ status; 
training programs for elected representatives and for other persons in decision-making positions includes gender equality 
module(s); institutional gender equality strategic planning and/or audit (for example, adopted gender equality plan; 
conducted a gender audit);
Measures on infrastructure, such as adjustments to the architectural surroundings made as part of the efforts to 
encourage participation of women, such as, lightning, building or adjustment of space for day care facilities, accessibility 
adjustments;
Funding measures, such as: observance of gender responsive budgeting; earmarking of funds for support of measures for 
gender balance in decision-making.
Such as campaigns, mentorship programmes, etc.

128

PROMOTION OF GENDER BALANCE IN POLITICAL DECISION-MAKING 
 
 
 
Annex: Questionnaire on promotion of gender balance in political decision-making

Please include references to any studies or reports on monitoring and evaluation of these measures 
that you are aware of.

2.7  Has there been any case law regarding gender quotas, other positive action measure or another 
measure aimed at greater involvement and participation in decision-making in the legislature for 
all women? Has there been any case law regarding hindering of women`s participation in decision-
making?

Please prioritise (in your view) ground-breaking cases and final judgments. Please provide information 
about cases argued before the national equality body/ies on gender quotas or other positive action 
measure aimed at greater involvement and participation in decision-making in the legislature for all 
women. Please briefly provide information about cases seeking gender quotas within ethnic quotas 
(so called ‘nesting quotas’), if any.

2.8 

Is there a legislation mandating or recommending the establishment of an internal mechanism(s), 
procedure(s)  and/or  protocol(s)  inside  the  state  governments,  federal  governments,  regional 
governments, presidents and presidential councils, and the public administration that would deal 
with gender-based discrimination and/or harassment and sexual harassment of the staff, 
and the appointed and elected officials in the legislative branch?

If yes, please briefly describe the legislation and how its implementation is progressing? If no, please 
state  how  are  cases  of  gender-based  discrimination  and/or  harassment  and  sexual  harassment 
registered and dealt with.

2.9  Can you briefly describe any cases or studies on preventing/addressing violence against women 
in  decision-making  positions  in  the  legislature  (including  cyberviolence  and  online  hate 
speech) in your country which might shed light on whether and/or to what extent such violence is 
present and/or has deterred women from engaging in such positions?

If you consider any aspects of the legal framework to be problematic in such cases, please mention 
them.

2.10  Is  there/are  there  state  institution/s  tasked  with  data  collection  on  gender  balance  in  public 

decision-making positions in the legislature, if any?

Please  mention  briefly  what  kind  of  data  they  collect,  on  which  intervals,  and  include  link  to  a 
databases/to publications from these institutions.

3 

The executive branch

When thinking about the executive branch and answering the questions in this section of the questionnaire, 
please  consider  decision-making  positions  in  the  state  governments,  federal  governments,  regional 
governments,  presidents  and  presidential  councils,  and  the  public  administration.  In  particular,  please 
think about the following decision-making positions:

 –
 –
 –

 –

Presidents of countries, prime ministers, deputy-prime ministers, ministers, deputy-ministers
High political officials, counselors, secretaries
Members of presidential councils and other public decision-making bodies established and/or headed 
by the President
Ministries: please focus on the high decision-making positions in the central government level (the 
‘first tier of administration’).

129

 
 
 
 
 
–

–

Regulatory agencies: please focus on the high decision-making positions in those agencies which you
consider as relevant in your national context. Some examples of regulatory agencies include financial
regulation agency; public health agency; social and economic council.
Other  decision-making  positions  in  the  public  administration  (for  example,  heads  of  divisions  in
ministries)  which  are  relevant  in  your  national  context  across  the  whole  executive,  meaning  in
governments, in the president as an institution, and in the public administration.

3.1  Have  any  positive  action  measures4  been  introduced  in  your  country  for  the  promotion  of 
women in decision-making positions in the executive? If yes, could you briefly describe what the 
measures entail, how they are enforced, are they tied to any sanctions, are funds allocated for their 
implementation, and how are they monitored?

Please  include  a  clear  reference  to  the  legal  ground  for  the  measure,  where  there  is  one,  or  to 
another document where the measure is established.

3.2  Have any measures been undertaken in your country to support the cultivating of an environment 
conducive to the promotion of gender balance in decision-making positions in the executive through 
an institutional and culture transformation, including for the purposes of retention of women 
in decision-making position in the executive?5

3.3  Have  measures  to  encourage  greater  involvement  and  participation  in  decision-making  in  the 
executive for all women  from  minorities  been introduced or any proposals for such measures 
initiated?  Are  there  any  such  measures  for  people  from  minorities  in  general  and  marginalised 
communities  that  women  from  these  groups  can  benefit  from?  Are  you  aware  of  any  obstacles 
which impede or might impede the implementation of these measures?

3.4  Are there any soft or hard law measures or provisions you could identify in your country that would 
create an obstacle for achieving gender equality or would hinder participation of women in the 
executive?

3.5  Please  briefly  describe  any  other  activities6  that  have  been  conducted  in  your  country  for  the 

promotion of women in decision-making positions in the executive.

3.6  How would you assess the effectiveness of the measures you identified under 3.1., 3.2. and 3.3. in 

terms of promoting gender balance in decision-making?

Please include references to any studies or reports on monitoring and evaluation of these measures 
that you are aware of.

3.7  Has there been any case law regarding gender quotas, other positive action measure or another 
measure which you discussed under 3.1., 3.2. and 3.3. aimed at greater involvement and participation 

4 

5 

6 

Measures such as quotas, tie-break policies, preferential treatment, indirectly inclusive measures, modification or 
redefining of ‘merit’, or other.
Some examples of such measures include:
Procedures and operation of the legislative such as adjustments geared at private life-work life balance (foreseeable 
schedules and calendars, overlap of working sessions with school seasons, set hours for sessions), monitoring composition 
of ministries and leadership in them per mandate in terms of traditionally masculinised mandates (defence, finances) vs 
the feminised ones (social policy, education), provision of maternal leave, paternal leave, family and parental leave, sickness 
leaves, and access to pension schemes for officials in decision-making positions who do not have an ‘employee’ status; 
training programs for persons in decision-making positions includes gender equality module(s); institutional gender 
equality strategic planning and/or audit (for example, adopted gender equality plan; conducted a gender audit);
Infrastructure, such as adjustments to the architectural surroundings made as part of the efforts to encourage 
participation of women, such as, lightning, building or adjustment of space for day care facilities, accessibility adjustments;
Funding, such as: observance of gender responsive budgeting; earmarking of funds for support of measures for gender 
balance in decision-making.
Such as campaigns, mentorship programmes, etc.

130

PROMOTION OF GENDER BALANCE IN POLITICAL DECISION-MAKING 
 
Annex: Questionnaire on promotion of gender balance in political decision-making

in decision-making in the executive for all women? Has there been any case law regarding hindering 
of women`s participation in decision-making in the executive?

Please prioritise (in your view) ground-breaking cases and final judgments. Please provide information 
about cases argued before the national equality body/-ies on gender quotas or other positive action 
measure aimed at greater involvement and participation in decision-making in the executive for all 
women. Please briefly provide information about cases seeking gender quotas within ethnic quotas 
(so called ‘nesting quotas’), if any.

3.8 

Is there a legislation mandating or recommending the establishment of an internal mechanism(s), 
procedure(s)  and/or  protocol(s)  inside  the  state  governments,  federal  governments,  regional 
governments, presidents and presidential councils, and the public administration that would deal 
with gender-based discrimination and/or harassment and sexual harassment of the staff, 
and the appointed and elected officials in the executive branch?

If yes, please briefly describe the legislation and how its implementation is progressing? If no, please 
state  how  cases  of  gender-based  discrimination  and/or  harassment  and  sexual  harassment  are 
registered and dealt with.

3.9  Can  you  briefly  describe  any  cases  or  studies  on  preventing/addressing  violence  against 
women in decision-making positions in the executive (including cyberviolence and online 
hate speech) in your country which might shed light on whether and/or to what extent such violence 
is present and/or has deterred women from engaging in such positions?

If you consider any aspects of the legal framework to be problematic in such cases, please mention 
them.

3.10 Is  there/are  there  state  institution/s  tasked  with  data  collection  on  gender  balance  in  public 
decision-making positions in the executive, if any?

Please  mention  briefly  what  kind  of  data  they  collect,  on  which  intervals,  and  include  link  to  a 
databases/to publications from these institutions.

4  Public enterprises

4.1  Have  any  positive  action  measures7  been  introduced  in  your  country  for  the  promotion  of 
women in decision-making positions in public enterprises? If yes, could you briefly describe what 
the measures entail, how they are enforced, are they tied to any sanctions, are funds allocated for 
their  implementation,  and  how  are  they  monitored?  Please  mention  any  case  law  related  to  the 
measure(s) which you described which you consider as particular relevant, if any.

Please  include  a  clear  reference  to  the  legal  ground  for  the  measure,  where  there  is  one,  or  to 
another document where the measure is established.

4.2  Have  measures  to  encourage  greater  involvement  and  participation  in  decision-making  in  public 
enterprises for all women from minorities been introduced or any proposals for such measures 
initiated?  Are  there  any  such  measures  for  people  from  minorities  in  general  and  marginalised 
communities  that  women  from  these  groups  can  benefit  from?  Are  you  aware  of  any  obstacles 
which impede or might impede the implementation of these measures? Please mention any case 
law related to the measure(s) which you described which you consider as particular relevant, if any.

7 

Measures such as quotas, tie-break policies, preferential treatment, indirectly inclusive measures, modification or 
redefining of ‘merit’, or other.

131

4.3  How  would  you  assess  the  effectiveness  of  the  measures  you  identified  under  4.1.  and  4.2.  in 

terms of promoting gender balance in decision-making?

Please include references to any studies or reports on monitoring and evaluation of these measures 
that you are aware of.

4.4 

Is  there  a  legislation  mandating  or  recommending  that  public  enterprises  establish  internal 
mechanism(s),  procedure(s)  and/or  protocol(s)  that  would  deal  with  gender-based 
discrimination and/or harassment and sexual harassment? If yes, can you share any examples 
of public enterprises that have done so? If no, how are cases of gender-based discrimination and/or 
harassment and sexual harassment registered and dealt with?

4.5 

Is  there/are  there  state  institution/s  tasked  with  data  collection  on  gender  balance  in  public 
decision-making positions in public enterprises, if any?

Please  mention  briefly  what  kind  of  data  they  collect,  on  which  intervals,  and  include  link  to  a 
databases/to publications from these institutions.

5  Good/promising practices

5.1  Out of the measures for promotion of gender balance in public decision-making positions which 
you discussed in your answers, above, which would you point out as good or promising practices 
which could serve as an example for other countries and why? Which contextual factors which in 
your view those considering introducing this good practice to another national context should have 
in mind? Feel free to share more than one good or promising practice.

6  Wrap up questions

6.1 

Is there anything in relation to the promotion of gender balance in public decision-making positions 
which has not been addressed by this questionnaire and which you would like to share?

132

PROMOTION OF GENDER BALANCE IN POLITICAL DECISION-MAKINGGETTING IN TOUCH WITH THE EU 

In person 

All over the European Union there are hundreds of Europe Direct information centres. You 
can find the address of the centre nearest you at:  
https://europa.eu/european-union/contact_en 

On the phone or by email 

Europe Direct is a service that answers your questions about the European Union. You can 
contact this service: – by freephone: 00 800 6 7 8 9 10 11 (certain operators may charge 
for these calls), – at the following standard number: +32 22999696, or – by email via: 
https://europa.eu/european-union/contact_en

FINDING INFORMATION ABOUT THE EU 

Online 

Information about the European Union in all the official languages of the EU is available 
on the Europa website at: https://europa.eu/european-union/index_en 

EU publications 

You can download or order free and priced EU publications from:  
https://publications.europa.eu/en/publications. Multiple copies of free publications may be 
obtained by contacting Europe Direct or your local information centre (see https://europa.
eu/european-union/contact_en). 

EU law and related documents 

For access to legal information from the EU, including all EU law since 1951 in all the 
official language versions, go to EUR-Lex at: http://eur-lex.europa.eu 

Open data from the EU 

The EU Open Data Portal (http://data.europa.eu/euodp/en) provides access to datasets 
from the EU. Data can be downloaded and reused for free, for both commercial and non-
commercial purposes.