Women’s participation in politics : a legal analysis

Abstract

The Overview will lay down the main aim of this study, being the legal analysis of participation of women in politics. Three influential countries will also be mentioned. These countries promulgated laws and measures to increase women participation in politics, and their success led to other countries following suit, including Malta. These countries were Belgium, Portugal, and the Scandinavian countries. Chapter 2- will delve into the Cassola cases, being the only relevant cases. The element of juridical interest will be analysed as well. Article 45 of the Constitution of Malta will also be tackled as it deals with discrimination grounds which are prohibited. ‘Sħab Indaqs Fiż-Żwieġ: Tiġdid tal-Liġi tal-Familja’, will also be delved upon since it was the cause which led to the introduction of prohibition of discrimination, on grounds of sex and race, as before it discrimination on such grounds, was not prohibited. Chapter 3- will discuss women’s participation in Malta’s political scene. Discussion on Articles 52 and 52A of the Constitution of Malta will follow. A legal analysis of Malta’s gender corrective mechanism will also be held in great detail. In conclusion, this Chapter will finish off with a discussion on the element of reasonableness present in this gender corrective mechanism. Chapter 4- will mention the laws and measures introduced in Belgium, Portugal and the Scandinavian countries. Chapter 5- will be an observation of the last five Maltese general elections. An observation will be carried out as to the increase in female participants and elected female candidates, after the introduction of the gender corrective mechanism. Chapter 6- being the conclusion, will conclude with a summary of the results of this study.