69. Both ODIHR and the Council of Europe recognise that legislative measures can be effective mechanisms for promoting women's participation in political and public life.59 Further, Article 4 of the Convention on the Elimination of all Forms of Discrimination Against Women60 emphasises that the adoption by States Parties of temporary special measures aimed at accelerating de facto equality between men and women shall not be considered discrimination. While the Venice Commission and ODIHR acknowledge the rationale, it should be noted that both the current and the new approach have as a consequence that elected persons (of the greater represented gender, commonly men) do not obtain the mandate though they have been elected according to their position on the list. In other words, it is the law that changes the order of candidates on the list (instead of the party deciding on the list in this respect), and the change takes place after the election (instead of the time of the party’s decision on the list). This may lead to a conflict with the right to elect and be elected as the voter does not know the final, relevant order on the candidate list when voting. Moreover, the new approach will not increase the participation of women unless additional temporary measures are introduced and where relevant adequately enforced. This could be achieved, for example, by providing incentives to political parties to nominate women candidates and by including sanctions for non-compliance with legal requirements. The Venice Commission and ODIHR recommend reconsidering the current and new draft provisions of Article 141 part 6 of the Electoral Code and considering temporary special measures to encourage political parties to present a gender-balanced representation of candidates for the council of elders of a community.