Parytet płci w ujęciu prawnoporównawczym

Abstract

The purpose of this article is to present one of the legal method of so-called “compensatory privilage”, known as parity of gender, which is used to increase the number of women in representative organs elected by people. Firstly, there are analised from the theoretical perspective diff erent methods of quota systems which are used in legal systems all over the world, especially election quotas, such as parities in purely sense, quotas, “zipping”, “twinning” and all-women shortlists (AWS). Secondly, the issue of parities is described in connection with the law of the European Union and the international law, with the general conclusion that both legal systems allow countries to introduce parity regulations to their legal systems but any of them requires to do so. Detailed discusion of quota regulations existing in legal systems in France, Spain, Belgium, Portugal and Italy suggests the thesis that success of quota regulations depends on few elements such as existing of legal rule which guaratees not only appropriate percent of positions on electoral lists for women but also guarantees relatively high positions for them on that lists. Furthermore, the issue of sanctions taken when political parties break quota rules is of a great importance. Last but not least, the article is presented the problem of uncontitutionality of the election quotas in Poland. Especially many members of the polish constitutional law doctrine claim that quotas are contradictory to such constitutional principles as the principle of equality before the law for all citizens, the principle of equality of rights between men and women, the princile of free elections and the freedom of political parties.