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2005 >> Sex Equality and "Positive Discrimination" : Comparative Legal Analysis >> SUMMARIES >> Professor Janine MOSSUZ-LAVAU
" Sex Equality and "Positive Discrimination" : Comparative Legal Analysis "
(Co-organized by the Gender Law and Policy Center and the Society of Comparative Legislation)
SUMMARIES
The Parity Law : an analysis from the "positive discrimination" theory
Professor Janine MOSSUZ-LAVAU
(French National Center of Research, CEVIPOF Science Po)
In 1999, France revises its Constitution, by modifying articles 3 and 4, and on June 6, 2000 adopts a law on women and men’s equal access to electoral mandates and elective functions. If France innovates, it could be wrong to imagine that such a success has been easily obtained. Various arguments were raised - which it is impossible to analyze here in details - to oppose to the efforts of parity promoters: the principles of our democracy, as well as feminist traditions were used to undermine the arguments in favor of parity. Among such critics, we find the argument that parity - by attempting to ignore individuals abstractly defined - would endanger universalism. Those who argue against parity also fear that it could contribute to breakdown society into various and distinct communities. On the contrary, those who support parity tried to focus on the contradictions of their adversaries’ discourse.
Whatever finally those discussions have consisted in, law on women and men’s equal access to electoral mandates and elective functions was finally adopted, but the question remains to know what exactly we can expect of such a reform. First, did this law - which produced quite contrasted results during the elections of June 2000 - an impact on elections not covered by it? Second, can such a law really allow women to do politics differently? Finally, can parity law apply in fields other than strictly defined political mandates or functions? If it remains difficult to answer by the affirmative to the first question, and if it is too early to answer to the second, we can nevertheless expect parity law to contribute to the diffusion of what one’s may call a "parity culture" ("culture paritaire", in French) progressively infiltrating every social sectors.
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