Home > 1.2.4 Equality and parity of the sexes > ALBANIA- Joint Opinion on the Electoral Code
 
 
 
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Paragraph 20
 

Under Articles 4 and 7 of the Convention for the Elimination of Discrimination Against Women, a state has a positive obligation to take special, temporary measures to ensure the de facto equality of men and women, including in political and public life.  In addition, the Albanian Parliament adopted in July 2008 a Law on Gender Equality, which aims at establishing equal women representation in State institutions. The Code attempts to take effective measures for women. Article 67(5) requires that in Assembly elections, for each electoral zone, “at least thirty percent of the multi-name list and/or one of the first three names in the multi-name list should be from each sex”.[13] However, this provision might be subject to different interpretations.  Arguably, this provision gives the list presenter one of two options:  (1) one woman in the top three candidates or (2) thirty percent (30%) of the candidates must be women, who can appear anywhere on the list, including being placed as the very last names on the bottom of the list.  Thus, as written, this article might not be equivalent to an “effective measure” promoting the representation of women in the Assembly.  The Venice Commission and the OSCE/ODIHR recommend that the “and/or” text in Article 67 be changed to “and”.  It is further recommended that Article 67 be reviewed to provide more efficient mechanisms to promote women representation in parliament.