The Ombudsperson filed a lawsuit against CEC related to gender discrimination in political entities candidates’ list for Parliamentary Elections 2019

27/09/2019

Prishtinë, September 27, 2019 –– The Ombudsperson filed a lawsuit to the Basic Court in Prishtina, (BCP) actually to the General Department, with the request for interim measure related to violation of the right to equal treatment of women on electoral rights and participation by the Central Election Commission (CEC).

 The CEC, based on its mandate, has certified lists with names of candidates for Members of Parliament proposed by political entities for the Early Elections for the Assembly of the Republic of Kosovo 2019, but failed to pay due concern to constitutional and legal guarantees regarding gender equality, particularly to equal treatment of women in electoral rights and participation.    

 Therefore, in fulfillment of entrusted mandate, the Ombudsperson, as an institution of equality under the Law on Gender Equality as well as an institution with powers defined also by the Law on the Protection from Discrimination, has filed a lawsuit versus CEC to the BCP, requesting from the Court to decide that:

 

1.        The CEC’s conduct has violated the right to equal treatment of women in electoral rights and participation.

​2.        To ban undertaking activities which violate or may violate the right to equal treatment, or conduct activities that eliminate discrimination occurred or its consequences related to the unequal treatment of women in electoral rights and participation.

3.        To publish the decision in media, which confirm violation of the right to equal treatment.

Additionally, the Ombudsperson attached to the given claim the request for interim measure in electoral process, on the basis of reasoning provided by the given lawsuit and requests from the Court approving of this measure, in which case the CEC, as a respondent party, should revise the lists of political parties, in order they comply with the following provisions:

LGE, Article 6 [Special Measures], paragraph 8:

Equal gender representation in all legislative, executive and judiciary bodies and other public institutions is achieved when ensured a minimum representation of fifty percent (50%) for each gender, including their governing and decision-making bodies.”

 Article 14 [Political Parties]:

Political parties with their acts are obliged to implement measures to promote equal participation of men and women at authorities and bodies of the parties in accordance with provisions of Article 6 of this Law.”