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gender quota

Bundes-Gleichbehandlungsgesetz (B-GlBG) (Federal Equality Act)

The Federal Equality Act aims at creating equality throughout various service agreements (see Section 1) the Federal Government might have with individuals. The main body no. 1 (1. Hauptstück) focuses on the equal treatment of men and women (Section 3). Section 7(2) states that job advertisements should be written in such a way that they equally refer to both men and women and do not contain details that could lead to the conclusion that the advertisement is only for one gender.

Co-Operatives Act

This Act states that where a co-operative has more than five female members, or if more than one-third of its members are women (whichever is the lesser) and no woman has been elected as a member of its board, the board must appoint a woman as a board member within its first meeting to increase the representation of women in management positions. A similar provision is provided for sub-committees of boards.

Constitution of the Independent State of Samoa

The Constitution of the Independent State of Samoa (”the Constitution”) is the supreme law of Samoa, and provides various protections regarding each citizen’s fundamental rights. Every person in Samoa is entitled to rights, including among others, the right to life, personal liberty, freedom from inhuman treatment, freedom from forced labor, and freedom from discrimination and discriminatory legislation.

Jacomb v. Australian Municipal Administrative Clerical and Services Union, Federal Court of Australia (2004)

In the case of Jacomb v. Australian Municipal Administrative Clerical and Services Union, the applicant, a male union member, sought a court order that a union unlawfully discriminated based on gender by adopting quotas for its executive branch. The quotas required 50% of executive positions to be held by female members. The applicant submitted that the 50% requirement was discriminatory against men who made up more than 50% of members and that the quotas should be proportional to the women's membership within the union.

Ley 27636 Ley de Promoción del Acceso al Empleo Formal para Personas Travestis, Transexuales y Transgénero Diana Sacayán – Lohana Berkins (2021)

Law 27636 is aimed at achieving inclusion and equality of trans people in an employment context. Article 7 of the law affirms the right for trans people to work, and the right to not be discriminated against for the duration of their employment. Article 5 requires that federal government entities have at least 1% of their workforce be trans people.

Ley del Régimen electoral 1985 (última revisión 2018) (Law on the General Electoral Regime)

Article 44 bis mandates that the lists proposed by political parties for elections to the Lower House of Congress, municipalities, regional parliaments and the European Parliament shall consist of a minimum of 40% women.

El Artículo 44 exige que las listas propuestas por los partidos políticos para las elecciones a la Cámara Baja del Congreso, los municipios, los parlamentos regionales y el Parlamento Europeo estén formadas por un mínimo del 40% de mujeres.

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