The Power of Parity - CEDAW’s General Recommendation No. 40 for Women in Decision-Making Systems
In a significant step toward achieving gender equality, the Committee on the Elimination of Discrimination against Women (CEDAW) recently released General Recommendation No. 40, setting forth a comprehensive vision for equal and inclusive representation of women in decision-making systems worldwide. This recommendation builds on decades of advocacy and is a powerful call to action for policymakers, organizations, and civil society actors dedicated to gender equality. With its seven pillars of action, ranging from achieving 50-50 parity to fostering intersectional inclusion and youth engagement, Recommendation 40 presents a roadmap to realize gender parity across all levels of governance and sectors.
These Pillars are:
50:50 parity between women and men as a starting point and universal norm;
Effective youth leadership conditioned by parity
Intersectionality and inclusion of women in all their diversity in decision-making systems;
A comprehensive approach to decision-making systems across spheres;
Women’s equal power and influence in decision-making systems;
Structural transformation for equal and inclusive decision-making;
Civil society representation in decision-making systems.
SAHR contributions reflected in the General Recommendation No. 40
At SAHR, we were proud to have contributed to this recommendation in February 2023, providing submissions on critical areas that affect women’s participation globally. Our observations focused on the unique challenges faced by women in civil society, as well as the importance of advancing women’s inclusion and participation in the legal profession and justice sector. We also highlighted the under-representation of women from diverse sexual orientations, gender identities, rural backgrounds, ethnic minorities, and other vulnerable groups. Additionally, we underscored the particular difficulties faced by women leaders operating within civic spaces in non-democratic environments, specifically in contexts like Iran and Afghanistan.
Access to justice
SAHR highlighted the need for advancing women’s inclusion in the justice sector as a means to combat structural discrimination. This includes addressing gender biases within justice systems, creating safe working environments, and ensuring that women lawyers can lead gender-sensitive reforms. CEDAW’s Recommendation 40 aligns with SAHR’s observations, highlighting the essential role of women’s participation in the justice sector for inclusive and equitable justice. “The Committee observes that the presence and active participation of women, especially in the legal and justice sectors, are essential for fostering inclusive and equitable justice systems. The Recommendation emphasizes the importance of structural reforms to eliminate gender biases within justice institutions, ensuring that women lawyers, judges, and legal professionals can contribute to gender-sensitive legal outcomes. Furthermore, it underscores the need for protective measures and sustainable funding to support women human rights defenders (WHRDs) who often play critical roles in advocating for and securing access to justice for marginalized women.” [1]
Civil society’s role in decision-making
SAHR also underscored the critical role of civil society, especially WHRD-led associations, in gender-sensitive policy development. It emphasized the need for institutionalized channels that ensure WHRDs can safely and effectively participate in decision-making. Recommendation 40 mirrors this by advocating for civil society’s involvement in decision-making and recommending protections for WHRDs against violence and legal restrictions. “The Committee recognizes the essential role of civil society, particularly women’s rights organizations and WHRDs, in shaping policy and advocating for gender equality. It stresses the importance of institutionalized pathways for civil society engagement in decision-making processes at all levels, ensuring that civil society representatives, especially those from marginalized groups, have safe and meaningful avenues for participation. This includes provisions to protect WHRDs from gender-based violence, intimidation, and legal restrictions that limit their freedom and safety.” [2]
Women’s political leadership
And last, but not least, SAHR highlighted the importance of women’s full participation and leadership in political spaces, calling for parity laws, anti-discrimination measures, and inclusive representation to dismantle barriers for women from diverse backgrounds.
Recommendation 40 underscored the importance of structural reforms and parity in political leadership strongly aligns with SAHR’s recommendations. It supports a 50:50 representation standard and measures to eliminate tokenism, addressing structural changes to support equal access to political office for women of all backgrounds. “The Recommendation establishes 50:50 parity as a universal standard for women’s representation in political leadership and decision-making, rejecting tokenistic thresholds (e.g., 30%) and emphasizing a transformative approach that fosters genuine parity. It recommends adopting parity laws, facilitating women’s access to political office, and creating incentives for women’s leadership across all sectors, particularly targeting the inclusion of underrepresented and diverse groups. Furthermore, it calls for measures to dismantle gender stereotypes in political roles, providing equal access for women to all areas of decision-making.” [3]
A global landscape of gender disparity
By prioritizing women’s active inclusion, safe working conditions for WHRDs, and intersectional representation, we hope to advocate for a global standard of equality that empowers women as leaders and decision-makers, affirming that sustainable gender parity in political and legal spheres is achievable only through inclusive, secure, and equitable frameworks.
The impact of the General Recommendation No. 40
The recommendation urges states to implement concrete legislative, policy, and other measures to eliminate barriers to women’s equal participation. This includes enacting quotas, creating supportive legal frameworks, and promoting policies that ensure women’s voices are heard in all spheres. Mrs. Nicole Amelin, the Chairperson of the CEDAW Working group of the General Recommendation No. 40, emphasized the necessity of a cross-cutting approach to tackle discrimination in its varied forms, underscoring that “gender parity is transformative; it brings the full breadth of human experience, talent, and vision to the table.”
In alignment with SDG Goal 5 and as we approach the 30th anniversary of the Beijing Declaration and Platform for Action, Recommendation 40 serves as a vital tool to accelerate our progress. It calls for actions that can prevent conflicts, support peacebuilding, and, notably, guide the ethical development of artificial intelligence as its impact on societies grows.
Looking ahead: A Call to Action
As we move forward, let this recommendation inspire renewed efforts to build a world where women’s rights to participate fully in decision-making are upheld. At SAHR, we look forward to continuing our work alongside international partners and civil society groups to advance this vision. The journey to achieving 50-50 parity is challenging, but the roadmap laid out by CEDAW General Recommendation No. 40 makes clear that with commitment and collaboration, gender equality in decision-making is within reach.
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[1] CEDAW/C/GC/40, section V(A) page 15-16 and section V(F) page 12.
[2] CEDAW/C/GC/40 section III(G) pag 6 and section V(G) pag 13.
[3] CEDAW/C/GC/40 section III(A) page 4 and section V(A 1-4) page 13-15.
