Electoral parity as a goal dissociated from positive actions in favour of one sex

legislative commentary of regional interest

Abstract

This paper examines the constitutional implications of the electoral reform introduced in Spain by Organic Law 3/2007 for the effective equality of women and men. It addresses the imposition of gender quotas in electoral lists and its potential conflict with fundamental rights such as equality (Article 14 CE) and passive suffrage (Article 23.2 CE). The author argues that this regulation may contradict the Constitution by affecting the freedom of political parties and fragmenting the electoral body. Comparative experiences in Italy, France, and Belgium are also analyzed, highlighting the need for constitutional reform to legitimize such measures. Finally, the potential negative impact on fundamental rights and political representation is emphasized.