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This prompts his assumption that justice and reason are also the exclusive territory of men. Women, on the other hand, lack theoretical intelligence; what they do have, as compensation, is the capacity for observation. The conclusion to be drawn from the above is that the public arena is the exclusive territory of men. The boundaries drawn by modernity between public and private terrain, that is, between masculine and feminine, are well known, and it is not our intention to harp on this matter. We do, however, wish to highlight two points: first, arguments that hold men to be political subjects within the modern state and that, at the same time, disqualify women are not simply circumstantial.
Nor is the disqualification of women a mere oversight, 60 or a temporary deficiency in the articulation of the state—a deficiency that, as with the exclusion of non—property owners, could eventually be put right with the transition to democratic statehood. It cannot be regarded as such without casting doubt on the very contractual basis of the state.
Dependency is seen, not as a fundamental aspect of the person, but as an external enemy against which man, naturally free, must defend himself. The problem is that, since independence is a myth, the state can only assume the individual to be independent if it goes to the trouble of removing all manifestations of individual dependency. Thus, what was postulated as women's dependency on men—a dependency that disqualified them for the public realm—consisted deep down of their taking on the tasks arising from human dependency, both their own and that of others.
These tasks were necessary for the survival of individuals—men and women alike—physically, socially, and culturally. This is the basis of the sexual pact inherent in the social contract. This is the pact of fraternity—fraternity expressed as a value in the revolutionary triad, a necessary value for the enactment of the other two: the liberty and equality—of men. The independence of men that the social contract celebrates and purports to perpetuate is the result, then, of the shift of their own dependency onto women, a structured shift that is precisely based on this social and sexual contract.
In this double contract, women do not figure as subjects but, rather, as outsiders who enable it. Women enable the existence of the public sphere, politics, and society without participating in it, in fact, precisely to the extent that they do not participate in it. Men are the free and independent beings that, as such, can carry out life projects autonomously or cultivate political virtues in the public realm; women are the administrators of man's dependency. The acknowledgment of women's right to suffrage created a wrinkle in the model just described.
To grant women the status of citizens meant to also recognize their capacity to act in the public realm as rational beings, as modern subjects, thus breaking with the division of roles imposed by the liberal state. Hence the significance of suffrage, both theoretical and symbolic.
And hence why, although women's suffrage did not distort the practical, everyday functioning of the sexual contract, its concession would in most cases come after universal men's suffrage and after a long-fought social and political struggle. Despite all of this—and this is the second point we wish to emphasize—neither the transition to the democratic state nor the concession of women's right to vote and to stand for elections has altered the premises of the sexual contract.
To begin with, the effects of conceding to women political rights were mitigated by the cultural and economic reinforcement of the premises of the sexual contract in the post—World War II years. These were the years of the triumph of the nuclear family as the ideal family model, both in the economic domain and in the social imagination.
These were the years that created the myth of the bourgeois figure of the housewife, entrusted with caring for the home, her husband, and children and spending the family salary to the benefit of all—a salary that was earned exclusively by her husband. It reinforced the public realm as the territory of men, as it did the private sphere as the domain of women, thus solidifying the foundations for the democratic state as rooted in the premises of the liberal social and sexual contract.
This meant an endemic majority participation of men in public affairs, employment, and politics throughout a public arena built on the foundations of the ideal of male independence. There is no room, then, for human interdependency as a natural, necessary, and daily feature of people's lives. Rather, human dependency becomes a pathology, something that must be removed and disregarded in order for people to be able to function in the public sphere according to the ideal of independence. In the democratic state, therefore, citizens continue to be conceptualized as independent individuals, individuals who interact with one another as free agents, as it were, while removing all manifestations of their everyday dependencies.
As long as it continues to be controlled by men, the public realm will continue to serve this masculine ideal of independence. As long as the state continues to rest on the fiction of independence, participation in public life is possible only for those who are in a position to shift their own everyday dependencies onto the shoulders of others. Furthermore, it is well known that women's shift to the public sphere of independence has not been accompanied by a parallel shift of men to the private one, where human dependency is handled.
Such a shift is hard to imagine without a prior cultural reassessment of domestic work. This is why women's independence still depends upon the extent to which they can displace their dependency on to other economically marginalized groups. The foregoing is the situation parity democracy proposes to rectify. By including an equal number of men and women in the public realm of representation, parity democracy provides the basis for the state to cease being the exclusive venue of individuals perceived as independent, and it allows for dependence—symbolized and managed mainly by women—to enter the public realm.
The sexual contract had relegated human dependence to the private sphere, considered the natural terrain of women; moreover, the democratic state continues to see it as an obstacle to the ideal independence of autonomous people.
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With parity democracy, such dependence may move into the public realm as an equally important facet of ordinary life. Once human dependence ceases to be perceived as an obstacle to participation in public affairs, political representation can be achieved not only with regard to the masculine ideal of individuals but also in terms of those aspects that the sexual contract traditionally ascribed to women.
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The state could then go on to represent all individuals in all their complexity; human autonomy, as aspired to under the liberal ideal, would be thus redefined. The paradigm would no longer be the dependence-free adult but, rather, the adult who takes responsibility for his or her own dependence as well as for those who depend upon him or her as natural limitations on any life project. Parity democracy is, then, in line with the dismantling of the sexual contract and the implementation of a truly democratic state.
A parliament composed of a similar number of men and women encompasses independence and the management of dependence in equal measure, thus achieving the advancement of an ideal of human autonomy that assumes the interdependence of individuals instead of denying it. That said, assuming that the goal is to break the sexual contract, and to do so by incorporating interdependence into the political realm as a defining element thereof, we can ask ourselves: Why is it necessary to impose parity democracy to reach that goal?
Why is it not enough to have a parliament composed, essentially, of men inclined to pass laws providing both for people unable to function autonomously and for their caretakers? We believe the answer is twofold. First, there is the symbolic and cultural aspect. The very existence of a parliament composed of an equal number of men and women radiates the message to all citizens that politics is no longer reserved for independent men nor even for a select group of women who have managed to adapt to the male parameters of independence.
It is, instead, a setting where both genders must come together to debate the common good. In this sense, parity democracy has the specific potential to expand the horizons of what women and girls imagine to be possible for themselves. And given that women's exclusion from politics is structurally linked to the very definition of masculinity and femininity respectively, in terms of independence and the management of dependence , parity democracy works as an instrument of cultural transformation that dismantles the pillars of the social contract standing on those definitions.
The other aspect is functional. We believe it unlikely that a parliament composed mainly of men can give the management of dependence its due place in the public realm—as a fundamental, defining element of that realm and not as a social pathology that must be treated. Since politics has forever been dominated by men who operate on rules conjured up from the myth of independence think, for instance, about the requirement of total availability in terms of work schedule and geographic mobility , and since this myth has only been sustainable due to the existence of women who handle men's dependency from the shadows, we are now faced with a political world custom-made to fit its own false paradigm.
Here it could be argued that matters are already changing, and that parity is not necessary to bring about change. There are already women in politics, and there is no reason to believe that their presence will not grow over time. Along with those growing numbers, it may be expected that the management of dependence will take on an increasingly central role in public affairs. We contend, however, that the dismantling of the sexual contract requires parity and, therefore, that it can be imposed by law if it does not occur spontaneously.
What the uneven presence of women in politics shows is not that the public sphere, as currently conceived, has internalized human interdependence as a defining element in the same way it has internalized the cult of independence. What the presence of some women in politics proves is that there are women who are capable of playing by the rules created by men in the same way men do.
Although there are women to be found in politics, fitting domestic responsibilities into the demands of a life in politics continues to be the greatest obstacle to women who want to have such a career. In this sense, using a quota system to impose a minimum number of women seems inadequate, simply because it is not enough to dismantle the social contract. It is true that such a minimum broadens the bases of deliberation for the inclusion of interests. It is reasonable to assume that for as long as the average female politician continues to be more responsible for managing dependence than the average male politician, she will be better able, by virtue of her own life experience and that of others close to her, to relate to the demands of caring for dependents.
But quotas are inadequate nonetheless in both the functional and symbolic sense when it comes to the ultimate goal of disestablishing the sexual contract. To begin with, quotas can have negative effects. There is the resentfulness of men, who see quotas as an undue privilege, and the resistance of women, who are or aspire to be in politics and do not wish this achievement to be viewed as the result of a quota rather than merit alone.
Quotas also create the risk that the traditional, gender-based division of tasks will be reproduced within representative bodies, a division that would ultimately consign women to the ministries, commissions, and committees most involved in dependence issues at the societal level social affairs, environment, health, education , while reserving the supposedly hardcore issues of politics economy, national and foreign affairs for men.
Instead, parity impacts both genders equally, putting them and the respective notions of independence and the management of dependency each represents on an equal footing in public affairs, with the result that neither dependency nor caretaking nor the female gender is stigmatized. Furthermore, the quota system does not create a base for the types of women who go into politics to become increasingly representative of the female gender in functional terms. Rather, aspiring to a minimum number probably will cause a kind of natural selection among women, favoring those who function most like men and are thus less representative of the underrepresented gender.
In light of all the above, if we are right and if democracy properly conceived must transcend the premises of the sexual contract, then parity—the equal presence of both genders in politics—is a democratic must. Only by including women and men on equal terms in the public realm is it possible to transform politics from a terrain governed by the myth of human independence and to make room for the notion of interdependence. This will redefine the relative importance and social value placed upon independence, on the one hand, and the management of dependency, on the other. Only then will we be able to reassess gender roles and move beyond the sexual contract.
We have argued that parity democracy is necessary for the transition to and realization of a truly democratic state since it will allow the state to strip away the false paradigm of independence that currently guides participation in politics. Parity democracy would clear the way for those who, by virtue of the sociosexual contract, exemplify and embody the managing of dependency, enabling them to take their place on equal terms alongside those who typify independence.
Parity, then, is about bringing into politics the reality that everyone's independence depends upon the proper management of our nature as dependent beings upon whom, in turn, others depend. The only vision of independence that can be a truly faithful representation of ourselves as human beings is one that incorporates our dependencies as well. Parity democracy aims to integrate the human dimensions of independence and dependence in the public realm.
It is about making room for both ends of this false dichotomy in state representative institutions and about finally building an all-embracing state with the equal inclusion of all individuals in all their dimensions. Given that women's exclusion from politics has been key to the cultural definition of the genders, the project of building this all-embracing state must begin in the political arena through parity democracy.
The dismantling of the sexual contract must begin at its foundations, in the definition of what is public. However, this project cannot rest at just that; it must extend to all centers of power within society—not only in politics but at the economic, social, and cultural levels as well. It must also penetrate family walls. In this sense, it is worth celebrating that the Spanish Law on Real Equality of Women and Men, in addition to instating electoral parity, has put into place measures that promote equal participation by women and men in corporate decision making, as well as other measures to facilitate both the reconciliation of work, personal, and family lives and the joint responsibility for domestic tasks and family caretaking.
All of this is relevant to the ultimate implications of electoral parity. Advocating parity is part of the larger goal of disassembling culturally entrenched gender roles, a dismantling that must occur in both the public and private realms, most notably in domestic life. Electoral parity puts men and women in the position of being the driving force behind this broader purpose, without which true equality between men and women will prove unattainable. Questions such as the following would move to the forefront: Who takes care of the children and parents of members of parliament?
What about travel, illness? What time do daycare facilities close? When are school vacations? It would also guarantee the inclusion of human-dependence—related issues as core interests on the political agenda, rescuing them from their current political and cultural devaluation. Beyond all this, if care theorists are right, what would change would be the very way we do politics.
It has been said, for example, that from a highly competitive, aggressive, hierarchical model full of formalisms, we could advance toward one that is more deliberative, empathetic, and cooperative. This new model would be defined more by the search for compromise and mutual responses to shared needs than by the prevalence of particular interests. It would be more about cooperation among individuals who are aware of their interdependence, and less about competition among individuals who see themselves as independent.
It is impossible to know what the world would be like if women had contributed equally to governing it for centuries. What does seem reasonable to assume is that the world of politics made in the image and semblance of women would be different from the one made, thus far, in the image of men; policies and ways of operating based on an awareness of human interdependence would have their rightful place in a world that, until now, has operated on the notion of independence.
It is, therefore, reasonable to expect that women's equal participation alongside men in the world of politics would challenge the parameters of what has been considered standard in this traditionally male world. Oxford University Press is a department of the University of Oxford. It furthers the University's objective of excellence in research, scholarship, and education by publishing worldwide.
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Sign In. Advanced Search. Article Navigation. Close mobile search navigation Article Navigation. Volume 6. Article Contents. Balanced representation as a constitutional matter: The French, Italian, and Spanish experiences. Party autonomy, quotas, and democratic representation. Parity democracy and the democratic state. Human interdependency and political representation. Final observations. Oxford Academic. Google Scholar. A special thanks to Miguel Angel Presno Linera for his meticulous engagement and contribution to this paper.
Many thanks to Sarah Smith for her thorough and thoughtful translation. Cite Citation. Permissions Icon Permissions. Abstract The debate regarding the statutory introduction of gender parity in electoral lists has been led, on the one hand, by those who envisage parity as a way to attain substantive equality between the genders. Sentencia del Tribunal Constitucional [S. This article will focus mainly on the debate regarding parity; however, strictly speaking, a distinction should be made between measures aimed at achieving parity—understood as an even, balanced, or comparable presence for example, approximately proportionate to the gender distribution in the population —and quota measures that seek to guarantee a minimum presence of women in representative bodies for example, a minimum of 25 or 30 percent.
Although some of the arguments in favor of a quota system can be extended to the case for parity, the underlying logic is not necessarily the same. In Belgium, a law established that there should be at least 25 percent female candidates on all electoral lists, with the provision that this percentage would increase with each election, up to 33 percent in , with the ultimate goal fixed at 40 percent between and The law provided for incremental application, so that it would be applied in to local elections; in January to federal, and in January to the remaining elections.
The rule was applied during the first elections, but the outcome was far from what had been hoped, mainly because it said nothing about the positions that men and women should be assigned on the list, and, therefore, many women were placed at the bottom. Thus, in and , there were legislative reforms aimed at attaining parity at the different levels of representative positions.
See Law No. In Portugal, the issue was posed from the outset as a matter for constitutional amendment. National sovereignty resides in the people, who exercise it through their representatives and by means of referendum. No one sector of the people or single individual shall claim its exercise. Suffrage may be direct or indirect in the conditions set forth by the Constitution, and shall always be universal, equal and confidential.
According to the law, electors are all French nationals of both sexes, who are of age and enjoy full exercise of their civil and political rights. The law is the expression of general will. All citizens have the right to contribute to its making, either personally or through their representatives. As all citizens are equal before the law, they are likewise all equally eligible for any public office, position or employment, according to their abilities and with no distinction other than their virtues and talents. The book argues that for elections following the proportional system, 50 percent of candidates should be of each gender.
For elections organized according to the majority system, it proposes reducing existing districts to half the number by means of a merging system, and turning them into binomial districts for electoral purposes, so that each candidacy could include a man and a woman.
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Press Political parties and groups shall contribute to the exercise of suffrage. They shall be freely constituted and exercise their activity in respect for the principles of national sovereignty and democracy.
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They shall contribute to the application of the principle stated in the last section of Article 3, according to the law. Law No. The system established by this law has recently been perfected in the amendment involving Law No. In single-round elections, such as European or regional elections, the law requires male and female candidates to be listed alternatively from the top down. In other elections, which are double round, parity has to be respected on each list of six candidates, regardless of the order in which candidates figure.
Giappichelli There are constitutional challenges pending with respect to the Basque and the Andalusian laws. In Spain, organic laws are a special category that can only be adopted, amended, or repealed by an absolute majority of the House of Representatives. The Spanish Constitution requires that some matters, including some fundamental rights, such as political rights, be regulated by Organic Law.
See S. See, e. This law regulates elections for Parliament, European elections, elections of the Scottish Parliament, elections for the National Assembly for Wales, and some local elections. This is how it is interpreted, for example, by Paloma Biglino Campos, who believes mandatory quotas would damage the party's right to self-organization.
Similar arguments have been put forward by sectors opposed to electoral parity. Thus is the foundational principle of our Republic. Our Republic has never been a mosaic of communities or a juxtaposition of diverse components. In fact, as we have seen, this was also a central line of argument for those who unsuccessfully challenged the law, hoping that, even after the text of the Constitution was reformed, the Conseil would realize that prescriptive measures like those contained in the challenged law were contrary to the principle of indivisibility of the electoral body.
See Demichel , supra note 6, at 97; and Agacinski , supra note 6, at This responds to those who have questioned, from the standpoint of political theory, the extent to which electoral quotas can be justified based only on the argument that they allow the interests of women to be included in the context of political representation. Jonasdottir eds. In order for an interest to be attributed to women as a whole, it is not necessary, in terms of content, for all women to defend the same position regarding a given matter abortion is a paradigmatic example.
Rather, what is crucial is that, because the decision on the matter may have a disparate impact on women, it may reasonably be argued that women have a special interest in ensuring that this decision not be taken without the opinion and participation of women. See Cockburn, supra note 42; and Jonasdottir, supra note Anne Phillips contrasts two different representation models—the politics of ideas and the politics of presence.
The former, the standard model in representative democracies, places emphasis on systems of shared beliefs and on the ideas and values formed, discussed, and expressed through political parties. This model is based on the possibility of one social group representing the interests of the other, because what is essential is ideological affinity rather than shared experience.
The latter arises from growing frustration in the face of the persistent self-referentiality of the political class; its thesis is that ideas cannot be entirely dissociated from experience and identity, and there is thus a need for representative political bodies to reflect more accurately the plurality of the society they represent. See generally Phillips , supra note For this very reason, we believe that from the standpoint of including interests, the minimum-presence quota system, which ultimately attempts to guarantee a critical mass, is much more justifiable than the parity system, which would rather seem to indicate the impossibility of one gender representing the interests of the other, advocating thus a system of mirror representation.
When the bourgeoisie … originally formulated representation, it encompassed certain signs or data we could say, certain trends or inertia , which have remained fixed fast to the concept ever since, and later on … have not helped the subsequent unfolding of this category to take place in the best way … they have not helped representation to really be filled with representation. See Garrorena Morales , supra note 46, at Indeed, the generality, universality, and impartiality of laws actually depend not on the neutrality of the legislator but on the breadth with which the legislative debate can voice the biases in play.
The more biases that are brought up and pitted against each other in the debate, the more impartial the legislative outcome will be. Although our analysis has centered on the work of Rousseau, Kymlicka reminds us how liberal theory's traditional division between state and society, by virtue of the patriarchal culture it has inherited, ends up becoming a division between the male public realm state and society , and the female domestic realm mainly the family.
Women fare as badly or worse in the Aristotelian republican tradition that inspires Rousseau, a tradition that sees not society but, rather, the realm of politics, as the environment par excellence for human freedom, sanctioning the distinction between the genders in the same way and condemning women to contribute to the sphere of dependence, necessity, and daily routine within the family. State Univ. Rubio Castro , supra note 53, at Pateman , supra note 52, at In this regard, we share the position of Joan Tronto, who explains how caregiving has been left aside in moral and political thinking due to the contradiction, both theoretical and practical, between the predominant discourse of autonomy and equality, on the one hand, and the reality of human vulnerability and interdependence, on the other.
See Tronto , supra note In this regard, it comes as no surprise that the greatest difference between male and female members of the Spanish Parliament is not their experience, education level, or job profile but, rather, their marital status: there are many more single or divorced women than single or divorced men. Sociological studies on women's underrepresentation in politics make a distinction between supply-related factors referring to the fact that few women seem to opt for politics and demand-related factors by which male-imposed structures, rules, and practices in politics are alienating for women and tend to exclude them.
The fact that both types of factors are clearly connected to assigning the management of dependency predominantly to women is easily understood when the underlying causes of the lack of supply are analyzed. Among those cited as motivation factors linked mainly to the development of women in a patriarchal society that sets femininity and agency against each other and defines femininity in terms of domestic duties are household duties, time constraints not only in terms of lack of time but also lack of predictability or flexibility of scheduling , and lack of self-confidence related to lack of resources such as political experience, contact network, social status, and technical and social skills.
See Mackay , supra note 43, at 57— Thus, it has been argued that without a more equitable sharing of household chores, it will be very difficult to achieve equally effective rights for women to take part in public affairs. See generally Susan M. See Mackay , supra note 43, at 72—