Rovnost šancí žen a mužů v České republice se zaměřením na volební právo

Bc. Pavla Špondrová

Master's thesis

Equal Chances for women and men in the Czech Republic aimed at the Electoral Law

Abstract:

Práce se zaměřuje na otázky, které vyvstávají v souvislosti se zaváděním pozitivních opatření ve prospěch žen. Tyto akce mají pomoci nastolit rovné šance i rovné příležitosti pro každého. Ženy byly v minulosti a jsou i v dnešní době vystaveny působení mnoha předsudků a stereotypů. Dočasně ustanovená pozitivní opatření mají toto znevýhodnění vyrovnat. Práce obsahuje také návrh změn volebních zákon. Stanoví minimální třicetiprocentní kvótu pro jedno pohlaví na kandidátní listin. Kandidátka zajištující umístní žen na volitelných místech je zvýhodněna peněžní bonifikací.

Abstract:

The debate over equal position of women has been a part of the public discourse in Western Europe and the rest of the world for almost thirty years. Various international organizations deal with the conceptions of equal chances, equal protection or affirmative action; the United Nations, the Council of Europe and the European Union are among those organizations focused on the issue the most. The theoretical discussion is based on a dilemma, if the positive actions are or are not the infringement of the principle of equality. Various bodies found out that when the action was limited in length, there was no breach of the principle. The broadest range of activities has been implemented in labor law; however, we can still see noticeable differences in salaries, for instance. Many countries have already undertaken actions in the field of politics to increase a number of women participating in the decision making. There is a wide range of proceedings which can be used here; we can divide them into provisions provided by the state through the legislative actions and activities of the political parties or of the non-governmental organizations. The best way seems to be a rule stated by a parliament which order political parties to build a slate based on the system of sandwich or so-called zip system; it means that men and women ought to alternate on the sheet. The other possibility is a rule that there can not be less than 30 or 40 percents of representatives of both men and women on the slate; otherwise, the political party can not take part in the elections or get much less money for each vote. Especially in the Northern European countries, such as Norway or Denmark, it was not necessary to use a state law because there has always been a very strong public opinion in favor of equality of women. The policy of equal participation of women in decision making is protected the strongest in France and Belgium, where law has been adopted in according to the voting system. There is also a similar policy in Macedonia, but we can presume that the political culture is pretty different there. There are several problems in the Czech Republic connected with the issue of equal position of women. Czech people, as well as the politic representation and many academics, can hardly see positive actions to support the equality of women as desirable arrangements. It is not very known that positive discrimination already exists in couple of branches of law, e.g. labor law (protection of young people, mothers and disable persons) or social security law (different retirement age). Positive actions are much more controversial. First, it is very hard to explore that woman are really disadvantaged and it is desirable to change it. I suppose that the number of women representatives speaks volumes: in the lower house, women make just 15% of the members, and in the Senate, it is even worse (11%). The social democratic government had realized this number and under the pressure of the European Union and other organizations had implemented a plan for the new voting codex which should have involved the 30% quota for woman in the elections of the Parliament of Czech Republic and of the European Parliament. However, there was no pressure from the public or interest groups in society, even from women groups, so the plan had not even come to the discussion within the government officials. The suggestion was not been the best indeed; there was only a penalization for a slate with less than 30% o women. My own project offers a similar schema, but the important difference is that the slate without 30% of women will not be accepted and the party would not have a chance to participate in the elections. A pecuniary bonus would be given to a party, which would have candidates of a different sex among each three candidates. I describe a voluntary quota system of two Czech political parties The Green Party and The Communistic Party of The Czech Republic. At the very end of this pa

Abstract:

per, some alternative policies are offered; those policies can be adopted together with the quotas, but also separately, and they are not so controversial for public opinion and other players on the politic scene. In accordance to positive actions for women can be seen a slow but still stronger progression. It is very probable that in the future, the situation of women will change. Moreover, it is also desired. Women make a half of the worlds population and they should have equal influence on the public issues, even if there is still many old stereotypes and traditions which would prefer to see women in the house, doing housework. Women want to participate in governance, and it is up to the state or elites if they help women to overcome many obstructions. The most important thing here is the political will; and perhaps the consciousness that the politics without women are uncompleted and imperfect. Moreover, democracy without women is unfulfilled democracy that gives the whole half of mankind just a small influence in this world and displaces them to an inferior position: to the position of minority.

Keywords

rovné šance žen a mužů, zásada nediskriminace, zásada rovnosti, rovnost de facto, rovnost de iure, kvóta, zipová kandidátka

Language used: Czech

Date on which the thesis was submitted / produced: 3. 7. 2006

Thesis defence

• Date of defence: 19. 9. 2006
• Supervisor: JUDr. Kateřina Šimáčková, Ph.D.

Masaryk University

Faculty of Law

Master programme / field:
Law and Legal Science / Law