Parity is an affirmative measure or positive action, which is incorporated in order to correct a basic inequality. It is a “strong” measure because it ensures a minimum or exit result, unlike, for example, the so-called “gender quotas”.
Why are affirmative measures such as parity applied? Because while we are all equal before the law, we know that the reality is different. The distortions of a structurally patriarchal system, in turn, generate structural discrimination. It is not enough to declare equality, but legislation must actively ensure that equality and for that, it uses affirmative measures.
“Parity is not a ceiling. It is not a limit of participation for women, but a way to ensure a fair floor of participation”.
Parity is intended to ensure equal participation for a group that is particularly neglected in terms of political representation. It ensures a minimum floor of representation for women, but does not intend to establish “ceilings” of participation for such groups. That is why, for example, they are essentially transitory or circumstantial.
Parity tends towards the subjective recognition of the quality of pairing between women and men. The joint mechanism used to shape the Convention – a system of gender arithmetic balance with exit correction – is a procedural option for implementation that was adjusted to a given political scenario. It is not the only option and for example in the international framework, there are many other alternatives to ensure women’s participation rights, in general, without correction mechanisms, but constituting floors or a “at least” of female participation. That is the appropriate standard for International Human Rights Law.
Parity is not a ceiling. It is not a limit on participation for women, but a way to ensure a fair level of participation.
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