On the Margins of Parity: Gender Compliance in the Election of Portuguese Mayors

Abstract

Gender equality is a human rights issue, enshrined as a Millennium Development Goal and a Sustainable Development Goal by the United Nations. The underrepresentation of women in political power is detrimental to democracies and undermines them. The Recommendation Rec(3) from the Council of Europe stresses the need for gender equality at all levels of power, highlighting that affirmation at the levels of central governments and parliaments is insufficient. Despite Portugal having a legal parity system, certain powers are constituted without being subject to this legal regime. As a result, they form as if no parity or quota system exists. Research by the European Institute for Gender Equality (EIGE) suggests that the absence of legislative quotas may prolong the achievement of gender balanced powers (European Commission, 2024). Previous studies have shown that women are underrepresented in most local government bodies (Macedo, 2017, 2019, 2021). In 2021, only 9% of elected candidates were female, a decrease from the previous municipal elections in 2017. Although Portugal has had a legal parity mechanism since 2006, aimed at balancing political representation between sexes, significant areas of political power continue to function entirely outside this framework, which we term as para-parity powers. This paper questions whether, within this factual and legal context, the Portuguese State fully fulfills its fundamental obligation imposed by the combined provisions of Articles 9, paragraph h), and 109 of the Constitution of the Portuguese Republic to ensure real equality among Portuguese citizens in all areas, including the exercise of political rights. Notably, within the Portuguese political-constitutional framework, the position of Mayor stands out. We also examine whether the aforementioned para-parity condition is exacerbated by increasing prominence of the Mayor in local power structures.