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1 DRAFT law No. 224/X LAW of parity: STATES that the LISTS for the ASSEMBLY of the REPUBLIC, to the EUROPEAN PARLIAMENT and for LOCAL AUTHORITIES are COMPOSED so as to ensure the representation of at LEAST 33% of EACH of the SEXES explanatory memorandum the Foundation of democracy and the adoption of the Constitution of 1976 created the political and legal conditions for Portuguese citizens obtain the right to vote and to be elected to all political offices. The reforms that successively occurred in Portugal, after April 25, allowed that the legal inequalities and social injustices that women were victims were partially alleviated. However, none of these reforms decisively influenced, the representation of women in the "political world". In the Assembly of the Republic, like other organs of political representation, and despite the growing trend of feminization of parliamentary mandates, is still currently a phenomenon of under-representation of women. In 1976, women represented around 5% of the total number of Deputies, which amounted to 6.8% in 1980, 7.2% in 1983, which shrank to 6.4% in 1985 and he met again a positive development in the following years, at 7.6% in 1987, at 8.7% in 1991, to 12.2% in 1995, to 17.8% in 1999 and 19.6% in 2002. 2 the percentage of women elected in the parliamentary elections of February 2005 accounted for 21.3% (49 women were elected in 230 seats-PS 35, PSD 6, PPS 2, CDS-PP 1, BE 4 and 1 TEV). There are currently 46 Members elected into Office by the PS, PSD 7, 4 by BE, 2 by the PCP, 1 by the PP and 1 by the ENP, amounting to a total of 61 women in Parliament, corresponding to a rate of 26% of the overall number of Members. There is thus a positive evolution in the feminization rate of the parliamentary mandates, which in the period of 30 years (between 1976 and 2006) more than quintupled, being impossible to circumvent the substantial contribution of the Socialist Party in this matter-46 61 Members in the current exercise of functions, i.e. more than 75% of women parliamentarians, were elected by the Socialist Party. However, worldwide, and according to data from the Inter-parliamentary Union, which is based on the information provided by national parliaments of 187 countries, Portugal is in 42 place ex aequo with Pakistan, in sorting in descending order of percentage of women in the lower or single cams, with 21.3%. With the presentation of this draft law, also work in practice evasive to put women on the threshold of the predictable is opposed by eligibility determination of impossiblidade of presentation, on ordering of lists for plurinominais circles, two candidates of the same sex placed consecutively, ensuring hereby also letter and spirit of the law are in line, running for the same purpose. There is still a fundamental problem in terms of quality of our political system. Like the route traveled by other political systems with a degree of maturity superior to ours, the speed at which the universe reflects the political transformations that have passed the Portuguese women is lower than the speed recorded in other social contexts, in particular in the working world and University. Keep so if a sharp gap between the composition of electoral universe and the composition of the elected representatives. Despite the favorable trajectory, Portugal continues today away from values considered close to parity, showing the percentages of feminization equivalent values observed in the Nordic countries in the 70. It is exactly in these 3 intermediate stages of democratic maturity that one must consider the introduction of instruments to ensure effective participation and representation of genera. The 1997 constitutional revision reflects exactly that objective by introducing amendments to the wording of article 109 of the Constitution to provide that ' direct participation and active men and women in political life constitutes a condition and fundamental instrument of consolidation of the democratic system, and the law to promote equality in the exercise of civil and political rights and non-discrimination on the basis of sex in the access to public posts». This constitutional precept must also be read in conjunction with the new paragraph (h)) of article 9, which declares fundamental task of the State to promote equality between men and women. But the new wording conferred on the said article 109 of the Constitution implies, more than a simple repetition through legislation the principle of equality and access to political office, implies in particular the promotion of measures aimed at effective equality. This is not a mere faculty, but a real duty to legislate by law of the Assembly of the Republic, in respect of your absolute and reserve in the form of organic law, because they are concerned that measures contend with election materials and of political parties. The meaning of constitutional standard consists in the imposition to the ordinary legislator of the implementation, by appropriate procedures, this equal participation. It is, therefore, within the framework of further development of the quality of democracy that the Constitution, after the 1997 review, require a legal instrument that the budget the participation of both men and women in political life. This draft law is based, as well, a new concept and has a gross concrete goal of women's rights: doing so is a noble way of perfecting our democratic system with the aim of achieving parity democracy. The draft law sets in 33.3% minimum representation for both sexes in electoral lists, with equivalent reflections in elected and in elected, which corresponds to a quantitative target on the way to parity. Has generally been considered that a minimum of 30% of each sex may be the ' parity ' threshold, from which it is possible an effective and efficient representation of humanity in your set and an expression of the male and female aspects. 4 the under-representation of women corresponds to a participatory deficit which inquinar the Republican universalism and equality that is based. Parity is the only way to suppress it, remaining faithful to the principle of equality. Because declining inequality that characterizes the current situation and that is deeply unfair and undemocratic, she accepts and appreciates the difference, which recognises the specific character of the people. A more meaningful participation of women in political life, being essentially a requirement of Justice and democracy, will also enable the emergence of new perspectives on reality and different points of view, since men and women have, of course, experiences that are historically and culturally different.
Thus, under the Constitution and regimental standards applicable, members present petitions to Parliament the following draft law: article 1 (lists of candidates) the lists of candidates presented to the Assembly of the Republic, to the European Parliament and for local authorities are composed in order to promote parity between men and women.
Article 2 (parity) 1 — parity means, for the purposes of this law, the minimum representation of 33.3% each of the sexes in the lists. 2 — to comply with the provisions of the preceding paragraph, the lists submitted for plurinominais circles cannot contain more than two candidates of the same sex, consecutively, in the ordering of the list. 5 3 — elections in single-member constituencies, the actual candidates in the set of partial circle and their single-member constituencies, as well as alternates candidates as a whole, must ensure the minimum representation of each of the sexes as provided for in paragraph 1. 4 — Excludes itself from the provisions of paragraph 1 the composition of the lists to the organs of the parishes with 500 or fewer voters and to the organs of the municipalities with 5000 or so voters.
Article 3 (notification of the representative) in the case of a list does not observe the provisions of this law, the representative is notified, under the conditions laid down in the electoral law, applicable to your correction within the time limit laid down in the same law, under penalty of rejection of the list concerned.
Assembly of the Republic, 8 March 2006 Members,
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