Political Representation of Women in Argentina and Bolivia: A comparative case selection study on the effects of women´s movements on political representation

(1)

Political Representation

of women in Argentina and Bolivia

A comparative case selection study on the effects of women's movements

on political representation

Julia Belcastro

Political Science C 15 hp (Bachelor Thesis) Department of Government

Uppsala University, Spring 2021 Supervisor: Cecilia Josefsson Word count: 13 103

(2)

Abstract

Ac_{cording to the United Nations Office on Drugs and Crime more than half of the women} killed worldwide in 2017 were murdered by their intimate partner or family member. Violations can also be found in terms of restrictive policy on reproductive rights. Out of the 73.3 million abortions induced worldwide each year, about half are classified unsafe by the World Health Organization. _{Despite efforts to fight these numbers, violations on women's} human rights remain a global issue negatively impacting both individuals and society as a whole. The main purpose of this paper is to increase our understanding of the variation of success of women's substantive representation in two selected cases, Argentina and Bolivia. While abortion in Bolivia remains illegal, with the exception of rape, health issues or incest incidents, Argentina recently passed a law legalizing abortion up to 14 weeks into pregnancy.

The purpose is also to examine the role of women's movements for women's political representation, based on Franceschet and M. Piscopo´s (2008) theory on substantive representation as a process and output. John Stuart Mill's Method of Difference will be applied in a comparative case study design with focus on the selected cases.

The main finding in this study is that differences in the nature and strength of women's movements plausibly does affect the ability to change legislation and the political agenda for the selected cases. Ability to mobilize, actively engage in issues and unify for common demands leading to a more progressive legislation was more profound regarding reproductive rights. However, differences could also be found in other explanatory variables such as level of education, economic development and freedom of the media contributing to the differences in substantive representation.

(3)

1.Introduction

Globally, one in three women experience sexual or physical violence at least once in their lifetime. The highest rates of domestic violence in the world can be found in Latin America. About one third of the women in Latin America are estimated to experience gender-based violence(GBV) and about 70 percent of the violence is committed by an intimate partner or family member (García Nice & Borushek, 2020). Also, global _{estimates of femicide, reported} by the UN office on Drugs and Crime, show that more than half of the 87 000 women killed in 2017 were in fact femicide killings (UNODC, 2019:12). Violations on reproductive rights are also alarming. In Latin America, out of 6.5 million illegal abortions performed each year, close to one million cases need medical care as a result (_{Guttmacher Institute, 2018).}

Around 155 countries have passed laws on domestic violence and sexual harassment. Despite numerous a_{ctions taken to hamper the severe human rights violations, through} adopting legal changes, early interventions and multi-agency cooperation,_{there are no signs} of decreasing levels of gender related killings or domestic violence (WHO 2013:2,16). There are many ways to approach this phenomenon. The Feminist theoretical approaches argue that gender related inequalities are caused by patriarchal domination embedded in the system. Ideas of domination and access to women's capacity and body, can lead to social problems and human rights violations such as gender based violence (Corradi et al 2016:979,980). Divisions are built on ideas of gendered power contributing to unequal resource distribution and underrepresentation of women, further resulting in low political participation.

Attempts to approach the gap through increased implementation of gender quota systems have led to increased numeric representation of women. However, women's capacity to also influence political agenda and output vary (Anne Phillips 1998:6).

The South American countries Argentina and Bolivia both adopted a gender quota system in the 90´s to increase women’s numeric representation. The two quota systems were implemented both on national and local level, resulting in a similar presence of women in the two national legislatures. However Argentina's recent progress in moving towards more progressive laws on sexual and reproductive rights and health, allowing abortion up to 14 weeks into pregancy as of December 2020, speaks of different ability of reaching a more liberal political agenda in comparison with Bolivia.

How come Argentina has been able to pass a progressive abortion law despite the neighbours similar cultural and religious context such as machismo culture and strong Catholic beliefs?

(6)

This paper aims to further analyse and understand the variation in women’s substantive representation and possibilities for influencing the political agenda. The paper is based on the assumption that numeric representation of women in the legislature would increase political discussion and agenda formulation. The political policy of interests will primarily be on sexual and reproductive rights and health. Focus will be placed on two Latin American countries, Bolivia and Argentina.

Pitkins (1967) theories on political representation as _{substantive, focusing on the effects} and outcome of certain policies, will be applied in order to help formulate the research question.

The research question this paper aims to answer is:

How can we understand the different levels of success of women's substantive representation in Argentina and Bolivia?

There is a common agreement among scholars that women and minority groups are underrepresented (Phillips 1998:60). However, ways to comprehend and approach the main explanatory variables behind limited participation and inclusion among women and men differ. Disagreement among scholars can be found in _{which the main variables are for} promoting increased political representation among women.

Violations on human rights such as gender-based violence is a global issue with serious impacts on individuals and society (WHO 2013; UN Women 2017). Further research on social contexts is essential in order to reach a better understanding of explanatory variables and mechanisms behind political representation and patterns of underrepresentation, as many countries struggle to translate numeric representation into the ability to influence the political agenda.

Moreover, this paper will closely scrutinize the role of women's movement and test the hypothesis that a country with strong and unified women's movements is to experience less difficulties in reaching substantive representation.

The main purpose with this paper is to increase our understanding of the role of social context for women’s substantive representation and possibilities for influencing the political agenda and make a small contribution to studies on human rights and political representation in a Latin American context.

Also, the analysis hopes to contribute to further knowledge of local level social and political dynamics reflecting upon macro level political output.

(7)

2. Theoretical Framework and Definitions

This section deals with the main theoretical concepts and definitions used in this paper. Firstly, previous theories on descriptive and substantive representation will be discussed followed by a presentation of _{previous research on possible explanatory variables for} variation in substantive representation_{: economic equality, corruption, influence of the} Catholic Church, masculinity, gender quotas and women's movements. Lastly, a short discussion on the theoretical concepts of gender, gendered power and participation will be presented.

2.1. Descriptive and Substantive Representation

The essence of good representation has often been associated with equally addressed interests and policies reflecting voters’ opinions (Phillips 1998:2). Anne Phillips argues that electoral systems struggle to represent and address diversity, since the system tends to over and under-represent groups (ibid 1998:1). The acknowledgement of heterogeneity and diversity is not new. In fact the very foundation of liberal democracy theory is based on the notion of diversity and heterogeneity. John Stuart Mills definition derived from ideas of democracy as double sided, both a threat and positive force in regard to diversity (Ibid 1998:5).

Different viewpoints can also be found regarding the need for numeric representation in order to accomplish outcome and political effect/power.

Pitkin (1967) formulates different ways to understand and conceptualize the impact of quota and ability to reach good representation. She argues that _{descriptive representation,} alluding to the numeric representation with focus on _whom _{is represented, does not} automatically imply substantive representation,_{focusing on the what, outcome and effects of} certain policies. In other words, emphasis on what representatives accomplish and are able to produce rather than solely focus on the “ _{whom”. There's no point of electing representatives} to the legislature in a democratic system of representation if the focus and expectations on output are disregarded. However, the level of accomplishments cannot be guaranteed and depends on responsiveness and ability to act upon interests. _{Furthermore, definitions of} preferences and interests may also vary between generations and social economical groups within gender. The ability to represent a unified picture of interests and demands is therefore limited. Hannah Pitkin further argues that the quality of representation is dependent on the reliability and trust in the _{individual's ability to mirror} _{interests. Also, the level of electoral}

(8)

accountability pushing the politicians to act on behalf of represented interests. The gender becomes less important as this opens up the possibility of other representatives (Phillips 1998:20, 3-4).

Phillips and Mansbridge (1998) on the other hand make a greater connection for descriptive representation as in itself promoting and being highly intertwined with substantive representation. In order to fully meet the problem of underrepresentation of women, Phillips stresses the need to recognize the demand for political presence. The possibility for men to represent women’s interests, and vice versa, on a social and political level, is according to Phillips limited. Women’s experience differs from men’s - norms, values and problem formulation, might also differ. Women offer other perspectives on social and political issues and provide new policy formulation. Moreover, by not striving for women in the legislature by default, still leaves us with the problem of exclusion considering underrepresentation of women and minority groups, which should be seen as a right _{per se.} (Phillips 1998:4,5).

Along with this argument lies the acknowledgement of gendered preferences and an assumption of commonly shared interests among women.

The theoretical definition of substantive representation used in this paper is based on Franceschet and M Piscopo’s understanding of substantive representation as a process (agenda formulation) and as an outcome (transformed legislation). However focus will mainly be placed on substantive representation as an _{outcome. Franceschet and Piscopo} describe the concept of process as the ability to change agenda and problem formulation and act on behalf of women as a group. This would enhance the ability to communicate and partner/network with women both within and outside government positions. In this way women in and outside of the legislature should be able to contribute to a change in policy outcome in terms of transformed women’s rights legislation. However, substantive representation as _{a process does not always translate to legislative outcomes that benefit} women (Franceschet et al. 2008:393,409).

2.2 Explanatory variables for Substantive representation

The ability to successfully reach substantive representation of women varies among countries. This section presents _{and systematizes previous research on the variation of} women’s substantive representation. Here, I present research on the connection between

(9)

women’s substantive representation and a number of explanatory variables that we could expect to be present and play a role in the Latin American context.

The structured comparison between Argentina and Bolivia made in this thesis offers possibilities to increase our understanding of the role of women’s movements in particular. Before going into previous research on the connection between women’s movements and women’s substantive representation, however, we will consider research on the role of economic equality, corruption, the influence of Catholic Church, masculinity, and gender quotas.

2.2.1 Economic equality

Lister (2007), draws upon the aspect of economic equality as significant when attempting to understand the dynamics of substantive representation. Lister Ruth points out the importance in accessing the public sphere labour market in order to reach full inclusion/ _{participation in} society. Operating within the public sphere is often associated with having a full-time paid job, connected to citizenship, contribution and participation. However, women are often being kept within domestic responsibilities, such as caretakers of children or eldery people which often leaves women in financial dependence within the private unpaid sphere. Working in the private sphere hampers the possibilities to claim resources and effect opportunities to move between full-time and part-time while automatically writing off expectations and possibilities to act and operate on equal terms in society (Lister 2007:9).

Ciccia & Sainsbury (2018) points out unbalanced power relations, ideas of the man as the primal breadwinner and an assumption of heterosexual family constellations as possible mechanisms behind structural inequality, affecting labour markets and conditions for earning a living (Ciccia & Sainsbury 2018:94).

Unbalanced resource distribution indicates certain cultural and economic patterns embedded within both macro level policy and household level decision making. Communities with unbalanced power relations will struggle to reach equal participation and ability to influence policy (Lister 2007:10). Therefore a fair distribution of resources is crucial in order to reach equal participation and opportunities to voice opinions.

2.2.2 Corruption

Another aspect of a social context is corruption possibly intertwined with democracy and economic growth.

(10)

Corruption exists on multiple levels in society often violating the basic rights to equality since decision making and political actions are sometimes influenced by social status, language, work position, economic conditions, religion or/and gender. Transparency International defines corruption as _{abuse of entrusted power for private gain. According to} Transparency International existing corruption, in political and social institutions, can negatively affect democratic processes and the capacity of governance in reaching functional institutions with accountability and transparency, eroding rule of law and trust in government (Transparency International 2020).

The United Nations Office on Drugs and Crime point out the impact of corruption on political participation. States embossed by corrupt practices risk struggling to deliver and ensure access to human rights, including political and civil rights, such as the right to freedom of association, expression and information. This undermines voices of underrepresented minority groups and prevents different perspectives and problem formulation to be heard. The shrinking space for civil society and consensus-based decision making, disallowing for both organized and informal groups such as for women's movements to be heard and to be active parts of society limit the possibilities to affect problem formulation and substantive representation.

Restricted access to political participation can also take the expression of restricted possibilities in accessing the right to be elected, to vote and to be rightfully informed on political standing points and agenda/debate. The right to be elected could be hampered by electoral commissioners activity preventing certain political candidates to be elected, or the other way around misusing their position and influence to help candidates in reaching positions through nepotism or bribing (UNODC).

2.2.3 Catholic Church

Another relevant variable crucial to highlight in relation to substantive representation, particularly in the Latin American context is the aspect of religion and the influence of the Catholic Church.

The causal effects of politics and religion is a question of a long-standing debate and can be traced back to Max Weber who argued for a connection between morals and values and the support for welfare states (Basten & Betz 2011). Culture and politics are very tightly

(11)

intertwined and often influence the country's national values and morals. The historical presence of religion in political decision making can still be found, embedded in political institutions though practice and legislation, till this today affecting public opinion. Religious values and beliefs can affect political agenda opinions on reproductive health and violence.

The deeply embedded beliefs of women’s natural subordination to men as originating from religion, and specifically Catholicism, affect substantive representation (Radford Ruether 2008:184). The view of the woman as representing the body and material world attributes men's right to decide over women's bodies and capacities. These ideas can also be seen as evolved from ideas of the woman as incomplete, incapable of logic and rationality. In addition, the Catholic church, in general promotes conservative ideas of sex and reproduction rights and birth control, which is illegal in many countries. Rosemary Radford Ruether describes the Catholic church as historically constituting a major opponent of feminism and women's rights (Ibid 184,185). Further, Catholic values influence political culture and policy formulation. Underrepresentation of women is argued to be a result of an unquestioned superior position of men. Even though many countries today implement gender quotas, these ideas can impact elected women's capacity to influence and effectively push for progressive ideas. Domestic violence risks being looked upon as an internal family matter and detached from public concern constituting taboo. Moreover, religious beliefs also influence public institutions, for instance the health sector, since legislators include and legitimize religious actors in the regulation of bioethical issues (Irrazábal 2013:752 own translation).

2.2.4 Masculinity

Masculinity is often described as influencing women’s underrepresentation and lack of political inclusion since it ideologically legitimates the subordination of women.

Childs & Hughes (2018) state that masculinity occupies positions in social hierarchies. Men's dominance is taken for granted leading to unquestioned political overrepresentation and continued patterns of inequalities (Childs and Hughes 2018:283,285). Masculinity, according to R. Connell, is defined by the concept of _{hegemonic masculinity as visual and} invisible patterns of behavior affecting ability to reach substantive representation. These actions further contribute and allow power structures and divisions to continue. Connell also explains that masculinity can be found on different levels in society: on a local level through

(12)

family dynamics, a regional community level including school and workplace and also on a global level in media, world politics and in the commercial sphere (Connell 2005:849).

Binary hierarchical structures can be seen not only between gender but also as internal tensions for domination among men. To what extent and which aspects of masculinity men are expected to follow, differ depending on social context such as generation, class and culture. The existence of gender roles is not self-maintained but dependent on active application through classifying the world in soft and hard questions (Ibid 2005:844).

In sum, patterns of behaviour and maintenance of masculinity contribute to ongoing contracts of sexuality, family relationship dynamics and the right to another person’s body.

Moreover, this does not only affect economic and political spheres, mirroring political representation, but also triggers social problems, and human right violations, such as domestic violence and rape culture (Ibid 2005:275). The level of gender equality, through norms and responsibility, affects what voices are being heard and who is being represented. Increased gender equality _{is crucial for ensuring an, inclusive, rights-based and effective} society, to further _{create social change and address structural issues (UN Women, 2015).}

2.2.5 Women´s numeric representation and gender quotas

Earlier literature put different weight on the capacity of gendered quota to accomplish outcome and political power.

Problems of political exclusion led to the introduction and development of gender quota systems with the aim to increase women's political representation (Phillips 1998:6).

Gender quota can be defined as a law or policy ensuring a certain number of accepted percentages of each gender on candidate lists, or certain number of seats in legislature, with the core idea to invite women into political spheres on different levels (IDEA, 2009). Dahlerup presents four different types of quota systems: reserved number of seats, candidate quotas, legislated quotas guaranteeing a certain number of seats and political parity quotas ensuring a 50/50 division in legislature (Dahlerup, 2005:142). Over a hundred countries have adopted gender quotas in order to increase numeric representation. Many scholars such as Phillips and Mansbridge (1998) argue that numeric representation can be crucial for promoting and accessing substantive representation. Scott (2005) formulates two different modes of representation; _abstract _{or concrete modes in order to understand the arguments} behind this correlation. The concrete mode is based on ideas of essentialism and argues for

(13)

the existence of naturally set differences and existence of common traits among men and women as two groups (Wallach Scott 2005:17). The positive connection could be understood as based on the arguments of _{interests accepting a view upon women having different} experiences, goals, beliefs and preferences than men. This argument does not necessarily imply natural difference but rather shaped and formed through experiences. Numeric representation would in line with this argument increase the presence of “women's issues” on the political agenda. Another argument in line with Phillips and Mansbridge is the argument of _justice _{which points out women’s representation as a right per se and draws attention to} unfair structures as monopolizations rather than individual traits. Structural discrimination is unnatural and exists only due to build in patriarchal division (Conrad 1976:141,142).

2.2.6 Women's movements

The comparison between Argentina and Bolivia offers a possibility to closely scrutinize the role women's movements play for the substantive representation of women.

Women’s movements are in general more loosely organised collective efforts working to promote equality and women's rights. The actors working within women's movements are not necessarily employed but rather activists involved in political action through social media platforms, promoting social initiatives and gatherings (Council of Europe, 2002). Actors working with women's rights within NGOs are either employed and/or volunteers. The organisation is often non-profit and serves humanitarian political or social goals (Investopedia 2020).

Htun and Weldon (2012) find that autonomous social mobilization is particularly important in reaching progressive social policies. Autonomous feminist movements are, through activism and mobilization, able to put pressure on policymakers that in response grow increased awareness of public demand. Policy makers may agree with values of the civil society organisations and movements, which in its turn drive policy change (Htun and Weldon 2012:564). Also, tradition of international norms, feminist ideas and values embedded within organisations and movements are crucial for impacting policy on serious social problems such as gender-based violence (ibid 548).

The presence of strong independent women's movements organised outside political parties or unions are central representatives for public concern is crucial. By being autonomous the movement is able to reach greater flexibility and better possibilities to

(14)

influence women's voice inside government rather than being dependent on political parties or other associations. Independent movements are less likely to be driven by profit goals or set back by political interests within organisation. This increases possibilities to fast adjustment for changes in the political climate and a faster response to political setbacks. Women's movements are, according to Weldon, more likely to influence policy outcomes. The strength of the women's movement is further defined by the ability to mobilize, impact attitudes, spread awareness and reach a broad audience with public support (Weldon 2002:1165).

The ability to make external impact is also mentioned by Carmen and Volkhart (2007). Civil society and women's movements operate on different levels and forms and the theorists argue of five existing dimensions of strength. The first dimension, Structure, seeks to investigate the internal organisational operation such as resource distribution and mechanisms behind civic engagement. Another dimension involves the external environment focusing on the social context in which civil society exists. The third dimension is political context and refers to the accessibility of freedom of rights. Socio-cultural and socio-economic conditions are brought up as subdimensions under this category. Values is another dimension, seeking to understand internal dynamics such as principles and policy promoted and followed by and within the organization. Finally, _{impact is discussed followed by five sub dimensions;} influencing public policies, holding the state and private corporations accountable, responding to social interests and empowering citizens. The two subcategories _influencing public policy and _{responding to social interests} _{is of particular interest for this paper since} they refer to the capacity to push for change and _{ability to voice up societal concerns and} responsiveness of civil society (Carmen & Volkhart 2007:341-345).

2.3 Power, Gender and Participation

The concept of gender and gendered power make up some of the main theoretical concepts of this study. They are essential to define and discuss in order to understand the social context in which problems of inequality and underrepresentation appear in the first place.

Gender could be understood as derived from ideas of binary oppositions such as private and public, emotional and logical.Ideas of oppositions take the expression in social, cultural and historical constructions and can be found as concepts and norms. These ideas further generate expectations as they entail certain beliefs of responsibility and roles, affecting

(15)

conditions and structures of life. Access to dominance or being in the place of subordination derive from institutions and patriarchal divisions built in the system (Miriam 2005:274). However, definition of responsibilities and expectations vary and can therefore not be seen as one unitary classification. Incorporated behaviour and ideals differ among class, ethnicity and generation (Connell 2005:835).

Gender is very much connected to power, since it creates hierarchies with exclusion and inclusion. Judith Butler argues that society is in itself constructed to uphold binary divisions of labour and participation (Butler 13:2011). Carole Pateman explains the concept of patriarchy as evolved from early liberal ideas of labour contract exchanges, further developing ideas on a _{sexual contract. This contract entailed an assumption of the right to} access women’s physical, emotional and sexual capacities. The concept of sexual contract could be seen as a global mechanism behind gender inequality, power relations and subordination (Miriam 2005:278). According to Franceschet & Piscopo, social problems such as sexual harassment, domestic violence and a lack of sexual and reproductive health and rights can be understood as deriving from these gendered structures (Francheset, 2008:297). Gendered power also correlates to aspects of economic and political inclusion, through distribution of resources. Women´s limited access to education and high leadership positions contributes to struggles in ensuring full participation and equal opportunities for leadership at different levels decision-making within political, economic and public life (UN Women 2015).

3. Theoretical Argument

Drawing on previous research on the variables explaining variation in women’s substantive representation, this thesis makes a structured comparison between Argentina and Bolivia, two countries that display a variation in women’s substantive representation as output.

In this thesis, the role of the women’s movement is of particular interest.

Weldon´s understanding of a positive connection between women's movements and increased capacity to affect policy outcomes will be applied in order to analyse substantive representation among women in Latin America. Strong and autonomous women's movements defined as loosely organised collective efforts working to promote equality and women's rights have the capacity to increase pressure on elected representatives on local and national level through mobilization, active participation and civic engagement. The strength in

(16)

women's movement is understood in terms of ability to mobilize, impact attitudes, spread awareness and reach a broad audience with public support.

The hypothesis in this study is as follows:

A country with a strong and autonomous women’s movement, able to unify collective demands, will experience less difficulties in reaching substantive representation of women's interests as output.

4. Operationalization of Substantive Representation

The dependent variable substantive representation used in this paper, will be based on Franceschet and M Piscopo´s theoretical understanding of women’s substantive representation as _{output. Output is understood as policy change, passed and/or implemented} laws. The strength of the independent variable women's movement will be analysed in line with Weldons understanding of strength as ability of women's movements to actively engage in political debate, mobilize and gather for unified demands. This will be operationalized by looking at political presence such as demonstrations and marches in conjunction with passing or inplementation of laws regulating sexual and reproductive health and rights covering gender-based violence (GBV) and _{abortion. Gender-based violence is understood in} accordance with UNHCR definition:

“_{Harmful acts directed at an individual based on their gender. It is rooted in gender} inequality, the abuse of power and harmful norms.”

Within this thesis, women's rights are understood in accordance with the United Nations Declaration of Human Rights and with the _{Convention on the Elimination of All Forms of} Discrimination against Women (CEDAW) which_{include the right to body and capacity such} as sexual and reproductive health and rights. Sexual and reproductive health and rights is a broad umbrella for multiple rights. The main rights include the right to maternal health and family planning as well as the right of being free from all discrimination and violence. The selected areas of interest; a _{life free of violence and access to legal abortion, are frequenlty} violated rights_{. These rights are therefore crucial to discuss in order to further analyse} struggles in translating numeric representation to progressive legislation and policy outcomes.

Four laws will be of specific interest and subject to comparison: two laws for each country one regarding gender-based violence and one concerning abortion. To examine the role of

(17)

women's movements in the political process of passing these laws, the laws will be examined in relation to performed/conducted demonstrations and/or other activist initiatives pushing for either implementation or passing of the law.

Following laws will be of specific interest:

Bolivia: Gender-based violence: “Law Nº 348 Integral Law”, _{Reproductive rights: “Law Nº} 1005 “Código del sistema penal primera parte principios y disposiciones generales título i principios fundamentales, Artículo 157”,

Argentina: Gender-based violence_{:“Ley de protección integral a las mujeres Nº 26.485”} Abortion:_{“ Ley Nº 27.610”.}

Also, in an attempt to closely scrutinize the role of the women's movement for substantive representation as output, the selection of Argentina and Bolivia has been made according to Mill's method of difference. The analysis will include a systematic comparison of Bolivia’s and Argentina's social contexts such as the gendered quota system, the influence of the Catholic church, masculinity, corruption, economic equality and women's movements.

Laws on sexual reproductive health and rights have been carefully selected by viewing the official web pages of UNESCO, Ministry of Justice and Human Rights in Argentina and Ministry of Justice in Bolivia (Ministerio de Justicia Transparencia Institucional). The laws have been selected by factors such as timing of passing and implementation of the law and the relevance in regards to abortion and gender-based violence. In the case of Bolivia, a law Nº 1674 from 1994 addressing violence within the family was not selected due to the fact that the law was introduced especially aiming to prevent violence within the _{family and not} directed to violence on women based on systemic inequality and structures embedded in society. The most recent and progressive law, _{Nº 348 passed in 2013 was selected due to the} fact that it specifically targets violence against women in Bolivia.

5. Research Design

This section will begin with a short presentation on selection of method followed by a discussion of possible limitations and problems of the case study.

5.1. Selection of Method

In order to investigate the relationship between women's movements and substantive representation, this paper will consist of a comparative case study and use John Stuart Mill's “method of difference” or “The most similar systems design” presented by (Prezeworski &

(18)

Teune 1970:32) This design entails selecting two cases with similar characteristics in most areas except in the main independent variable of interest (x) that is hypothesized to explain variation in the dependent variable (y). The purpose with this design is to find a variable that differs and has the potential to possibly explain the variation in (y). The method allows for using either the dependent variable or independent variable as a starting point in order to explain a specific result (Torell 2007:226). This study will be based on differences in the independent variable woman movements as an explanatory variable for diverse degrees of success regarding substantive representation.

Figure 1. “Mill's method of difference”

The main advantages in using this method are the possibility for analysing two cases that do not differ in any other aspects, except for the main independent variable of interest. This enables for a perfect control of other possible explanatory variables and isolation of the explanatory variable (Ibid 226).

An obvious limitation with the design is the ability to completely isolate a correlation. It is never empirically possible to find a complete perfect match of two cases that only differ in one variable since social reality is too complex (Ibid 227). However, the cases selected in this paper are motivated by commonly accepted notions of possible explanatory variables for substantive representation. By using relevant similarities in characteristics, and also problematizing through other possible explanatory variables, this paper will seek to provide transparency while attempting to find a correlation for my hypothesis and also answering my research question:

How can we understand the different levels of success of women's substantive representation in Argentina and Bolivia?

Case 1 Case 2 a b c x a b c Not x y Not y

(19)

The sources used in the analysis were mainly obtained by using search tools on google, google scholars, Uppsala University library and suggested course readings. Information on laws and legislation were mainly found though official legal documents and official websites such as international organisations. The language used on the legal documents were often in Spanish. The process of translating from Spanish to English always imposes the risk of missing information that could affect results.

5.2. Limitations and Problems

I am aware of the complexity of identifying main factors in explaining the variation in women’s substantive representation. A complete isolation of the independent variable through excluding every possible other explanatory variable that differs is not possible. In other words, a non-linear relationship between the strength of women's movements and substantive representation cannot be ruled out since there is a possibility of influence and intertwined factors from other explanatory variables such as differences in economic development and/or weak institutions. The relationship should therefore be looked upon with caution. Nevertheless, comparing cases with similarities in a few components that previous research has argued to be relevant in regards to substantive representation; masculinity, gender quota system, corruption, economic equality, influence of the Catholic Church and women's movements, lowers reliability concerns and selection bias. The study enables generalizations of a specific context that can be interesting in countries with similar social, political and cultural context. Using a qualitative selective case study design, focusing on countries in similar context and characteristics, can also enable a more specific analysis and process tracing.

The main independent variable of interest, ”women's movements”, can of course be operationalized in many different ways. However, the operationalization used in this paper builds on largely accepted notions of what it means and how to measure it.

Furthermore, selecting specific areas of interest always means excluding others as to choosing relevant measuring tools highly depends on the specific context and complexity of social, political and economic dynamics unique for each context. This could be a possible validity concern. However, looking at women's movements and their tendency in responding to social interests, by _{unifying different groups in society, I assess, it is relevant for this paper} and for the understanding of capacity and strength.

(20)

representation” is of small reliability or validity concerns. Passed and implemented bills and legislation on “women’s issues”: gender-based violence and abortion, applied in this paper, is a used and accepted method to understand and operationalize substantive representation.

6. Analysis

This section begins with an analytic comparison of the presence and involvement of women´s movements during passing of legislation on abortion and gender-based violence in Bolivia and Argentina. The section is then followed by a short discussion on the variation of women's substantive representation. Thereafter a systematic comparison of Bolivia’s and Argentina's social contexts will be presented in order to discuss competing explanations behind these two countries' variation in substantive representation as output. Firstly gender quotas and economic equality will be discussed followed by an analysis on masculinity, corruption and the influence of Catholic Church

.

6.1 Women's movements and substantive representation

This section will analyse the strength of existing women's movements as a possible explanatory variable for different ability in reaching progressive substantive representation. Firstly, Bolivia will be presented on sexual and reproductive health and rights: Gender-based violence and reproductive rights, followed by a similar analysis for Argentina.

6.1.1 Gender-based Violence in Bolivia

Firstly, gender-based violence in Bolivia will be analysed through looking at introduced and /or implemented laws on gender-based violence, in particular implementation of Law Nº 348 Integral Law in connection with political activity of women's movements.

In December 1995 Bolivia introduced law Nº 1674 aiming to prevent violence in the family in both private and public spheres. The law includes physical, psychological or sexual violence directed to women and children. Domestic violence is described as aggressions committed between ex-spouses, ex-partners or couples with children in common. Violence between couples without children is not mentioned here (Ministerio de Justicia 1995 Article 5). In 1999, law Nº 2033 was passed, criminalizing any activities using force or coercion related to trafficking and sexual freedom (UNHCR).

(21)

Life Free of Violence in 2013. This is the most progressive law on domestic violence in Bolivia so far. The law serves as a protection and aims to guarantee, particularly women, a life protected from physical, sexual and/or psychological violence both within family and in society (SITEAL 2013 Law 348 Article 1). The law also mentions constitutional responsibility within the state body and public institutions to provide resources to further enable adoption for necessary policies and measures in line with the law (Ibid Article 3 §3) Different forms of violence against women are recognized within this law although domestic violence as a separate/independent category is not included. Domestic violence is instead grouped under intra-family violence (Ibid Article 7).

In Bolivia, a general demand coming from NGOs and women's movements can be noted pushing for increased equality against gendered violence and human rights. The initiatives have historically been class based, aimed to increase communication between civil society and elected authorities and visualizing gender inequality not as a marginal issue, but rather as a consequence of structural inequality based on the machismo culture (Unzueta, 2020).

The majority of women experiencing gender-based violence in Bolivia are indigenous, often economically dependent and living in rural areas (Camacho Justiniano). Since the 1990´s there has been an increase of organised gatherings by indigenous communities (Rousseau 2011:9). _{La Confederación Nacional de Mujeres Campesinas Indígenas} Originarias de Bolivia (CNMCIOB) is a women 's rights organisation established in 1980. The movement has over 100 000 members and is the largest women's organisation in Bolivia. In 2013 CNMCIOB together with other indigenous groups took part in several marches against intra-family violence. The ability to mobilize the women's movements and organisations seemingly contributed to implementation _{of Law No. 348 Integral Law to} Guarantee Women a Life Free of Violence (Unzúeta 2020). However,_{tendencies to engage} in activism vary and face cultural tensions due to the fact that values and problem formulation are sometimes criticized for being a western feminist objective. The _{ability to} gather holistic and including perceptions of collective concerns are to some extent limited (Buice 2013:75).

6.1.2 Reproductive Rights Bolivia

The following discussion will focus on reproductive rights and health in Bolivia by looking at passed and/or implemented laws such as Law No 1005 “Código del sistema penal primera parte principios y disposiciones generales título i principios fundamentales”.

(22)

The passing of “Integral Law No, 348, to Guarantee Women a Life Free of Violence'' in 2013 provides a holistic approach on women's right to body and capacity. Sexual violence is defined as actions or omission that hampers, limits or violates the right to information, treatment during pregnancy or loss. The right to freely decide upon family constellations and number of children, is also mentioned as well as the possibility to choose safe contraceptive methods (Article 7 §8,9). On a national level, the Constitución Política del Estado seyala, stipulates that women and men are guaranteed the exercise of their sexual and reproductive rights (Coordinadora del Mujer 2017:55). However, legislation on reproductive health and rights regarding abortion in Bolivia has been restricted and limited to cases of rape, incest or risk to a woman’s health or life. Sexual and reproductive health and rights are a highly discussed topic among civil society organisations and women's movements in Bolivia.

In response to political pressure and protests against some provisions of a new enacted penal code, the legislation on abortion was revised. More than 50 organizations participated in actions for legal abortion. In December 2017, changes to the already existing Law No 1005 “Código del sistema penal primera parte principios y disposiciones generales título i principios fundamentales' was initiated. The legislation suggested access to legal abortion up to 8 weeks and possibilities for abortion in cases of young age, foetal disabilities or in vitro fertilisation error. _{This gave up spring to a political debate and critique from anti abortion} movements such as the platform Life and the Family declaring a “national emergency”. The anti-abortion groups organised numerous demonstrations and marches throughout the country and the penal code was eventually repealed in 2018 by President Evo Morales (_{Castaldi,2018). Current penal code entails that interruption of pregnancy is permitted if} requested by the woman and is executed during the first eight weeks of the pregnancy. However certain requirements also need to be fulfilled; the abortion needs to be done in order to prevent future risk to life or health of the pregnant woman or when the pregnancy is a consequence of rape or incest. Worth noting is that the meaning of “consent” is not defined.

Despite significantly improved conditions for women regarding health risks, the introduced legislation still leaves out a major group of women (Código del sistema penal, article 157 2017). Rural areas with limited access to reproductive health care, suffer from unsafe abortions and unintended pregnancy to a higher degree than rural populations. Since indigenous communities are mostly rural, indigenous women are most exposed (Ipas 2017).

(23)

6.1.3 Gender-based Violence in Argentina

Focus will now shift to Argentina by initially looking at gender-based violence by analysing passed or existing legislation “Ley de protección integral a las mujeres _{Nº 26.485” and the} connection to women's movements.

The Argentinian legislation on gender-based violence is similar to the legislation found in the Bolivian context.

“Ley de protección integral a las mujeres _Nº _{26.485” introduced in 2009, aims at} guaranteeing the right to live a life without violence. The foundation of this law is based on the adoption of an Inter-American convention called “ _{Convention of Belem do Para” or} Prevention, Punishment and Eradication of Violence Against Women, ratified in 1994. Since then the convention has been followed up by two other conventions in 2004 and 2015 with the purpose to ease implementation and improve existing law ( _{Rodriguez-Ferrand Graciela} 2020). The law aims to punish different forms of discrimination and violence through developing inter-institutional public policies on violence against women. In distinction to Bolivian legislation, there is a specific mention of the necessity to prevent existing patterns of socio-cultural inequality embedded in society affecting power relations over women. The law also aims to assist women who suffer violence in both public and private areas though enabling services and/or activities empowering women.

Recognition of existing power relations and structural inequality can also be found in the definition of violence:

“_{As any conduct, action or omission that directly or indirectly affect everyday life, freedom,} dignity, physical integrity, psychological, sexual, economical and/or personal safety, both in public and private spheres and is based on an unequal relationship of power. “ (Infoley 2009, Ley 26.485 article 4, own translation)

Furthermore, domestic violence is especially mentioned and described as “exercised violence damaging dignity, physical, psychological, sexual well-being, by a member of the family, both within and outside home” (Ibid Article 6 own translation).

Increased unified and mobilized feminist movements started in Argentina in 1983 along with the return of democratic rule. The gathering unified not only activists but also representatives of NGOs, housewives and representatives of political parties and unions. The

(24)

feminist movement _{Encuenros de Mujeres,} _{established a few years later, held a thousand} members. Since then the movement has developed into the leading feminist movement in Argentina. The latest decade has been called the fourth wave of feminism referred to as _La revolución de las hijas/The revolution of the daughters linked to Encuentros de Mujeres. The movement has become one of the largest in Argentinian history, further influencing other movements and campaigns such as Ni Una Menos/Not one less (Pagina12 2018). Ni Una Menos succeeded in mobilizing numerous feminist movements in Argentina, gathering over 300 000 activists beyond socio-economic background in 2015, to demonstrate and push to highlight women’s rights issues, such as access to legal and safe abortions, contraceptives, and to end abuse and homicide (Palmer 2017). Argentina’s penal codes now recognize femicide as a crime through improvements of the “_{Convention of Belem do Para”.}

6.1.4 Reproductive Rights in Argentina

This final part of the analysis includes passing of laws on reproductive rights and health in Argentina focusing on the abortion law, _{Ley Nº 27.610.}

Since 1921 abortion has been criminalized in Argentina and according to section 86 in the criminal code only accepted in cases of rape or risk of mothers’ life. A prison sentence between 4-15 years is imposed on someone providing the service. The revolution “National Protocol for Comprehensive Care of People Entitled to Legal Termination of Pregnancy” was prepared in 2007 aiming to ensure safe abortion regarding cases of exceptions especially directed to minors till the age of 16. Since then, the protocol has been updated (No. 3158/2019), and approved by the Ministry of Health of the Nation (Balguer Mayca 2019).

Massive protests in 2018 led to passing of the law _{Ley Nº 27.610} _{in the Chamber of} Deputies (lower house) that would legalize abortion up to 14 weeks. However, the bill was later dismissed by the Senate (upper house) voting 38 affirmative and 29 negative (Human Rights Watch 2018). Since then the subject was brought up and backed by the Government with support of the new president Alberto Fernandez in 2019. Fernandez is showing responsiveness to the demands of establishing a “Ministry of Women Gender and Diversity” to help coordinate government regarding these issues (Durano, 2020) As of December 23rd 2020, the lower house of Congress approved _{Ley Nº 27.610 legalizing abortion in all cases} up to 14 weeks meaning the bill will move up to the senate for debate and vote (CNN 2020).

(25)

On December 30th the law also passed the senate house making Argenina the fourth country in Latin America to legalize abortion.

Throughout the process of bill introduction, political debates and active presence of women's movements such as _{La revolución de las hijas and representatives of NGOs who were} mobilizing and pushing for reproductive rights. The high presence of civil society representatives was visible in the Congressional debate to visualize the need for accessing safe and legal abortion health issue and right (Human Rights Watch, 2020). As a reaction to setbacks and political decisions women's movements responded through organising platforms for active participation and pushing for reproductive rights.

6.2 Differences for Substantive representation

The abortion law in Bolivia is very restricting, criminalizing abortion for any circumstances other than life threatening health risks for the pregnant woman or in cases of crime such as rape, kidnapping or incest. The penal code suggests imprisonments between up to 1-3 years if proceeded with consent from the woman and between 3-10 years if the abortion is non consensual. The current abortion law in Argentina allows up to 14 weeks of legal abortion without any restrictions.

Bolivian women's movements ability to push for the suggested law in 2017 speaks of some ability to mobilize. However, the proposal met strong resistance from other anti-abortion medical groups plausibly contributing to the abolishment. The existing anti-abortion movements and religious groups speaks of a divided political climate making it harder to put unified pressure on the government.

Women's movements in Argentina such as _{La revolución de las hijas} _{linked to Encuentros} de mujeres _{with a long history of activism, was able to gather thousands of demonstrators,} reacting to setbacks and actively pushing for legislation which manifests ability to mobilize a unified force and speaks for the ability to push and gather for common demands. The physical presence and organised events seem to have actively increased the attention for women's issues and placed pressure on legislators in the government.

The main distinction on the legislation for gender-based violence is found in the problem formulation behind the legislations. While the Bolivian law aims to prevent any form of violence, physical, sexual and/or psychological, Ley de protección integral a las mujeres _Nº 26.485 in Argentina demonstrate recognition of a specific necessity to prevent existing patterns of socio-cultural inequality embedded in society affecting power relations. The law

(26)

mentions violence as; “_{Any conduct, action or omission that directly or indirectly affects} everyday life...both in public and private spheres and is based on an unequal relationship of power.” _{Both cases demonstrate the presence of women's movements although the lack of} recognizing existing patterns in the case of Bolivia could indicate certain boundaries leading to less discussion, attention and visibility.

6.3 Analytic comparison

The following section will consist of systematic comparison of Bolivia’s and Argentina's social contexts. _{Above, I have explored the role and importance of a strong and unified} women’s movement for women’s substantive representation. However, as presented above, previous research has pointed at a number of explanatory variables behind women’s substantive representation. My selection of Argentina and Bolivia was made according to Mill's method of difference and this section will go through some of these explanatory variables pointed out by previous research to show that Argentina and Bolivia are similar in most of these areas. _{Firstly gender quotas and economic equality will be discussed followed} by an analysis on masculinity, corruption and the influence of the Catholic church.

6.3.1 Quotas

Almost all countries in the Latin American region, except Venezuela and Guatemala, have adopted gender quota laws.

The two selected countries have both implemented a quota system on national and local level, voluntary parity quotas and legislated candidate quotas, resulting in a similar presence of women in the legislature. The sub-category of the gender index gap “Political Empowerment” _{formulated by the World Economic Forum measures women’s presence and} participation in politics. The indicators are mainly focused on the seats in parliament, the number and percentage of ministers and other political representatives. Bolivia and Argentina score 0.36 and 0.39 and placed at rank 27 and 22 (Global Gender Report 2019:13).

Elected representatives have, in theory, the same legal capacity and possibility to respond to public demand. Even though the actual ability to access political power and push for specific demands might differ, the introduced quota system dismisses the argument of lack of numeric presence in the legislature.

Bolivia first introduced voluntary party quotas on national elections in 1997 requiring every third candidate to be a woman. Legislated parity quotas 50/50 in both lower and upper

(27)

house were introduced in 2010 and implemented 2014. Today women hold 43 percent of the seats in the lower house called Cámara de Diputados/Chamber of Deputies corresponding to 56 seats of a total 130. 20 out of 36 seats are held by women in the upper house, translating to a total of 56 percent as of 2020 (International IDEA, Bolivia 2020).

Argentina was the first country in the world to implement a law on gender quota in 1991 (Martelotte, 2016). The quota law required a certain number of candidate list positions to be held by women, successively developing to parity quotas in 2012. This rose women's participation to 40 percent. Today Argentina uses voluntary party quotas and legislated quotas for lower house, sub-national level and upper house. In the Chamber of Deputies (lower house) 41 percent of the seats are held by women and 40 percent of women hold a seat in the Upper house (International IDEA, Argentina 2020).

6.3.2. Economic Equality

Economic equality is another relevant variable in relation to substantive representation. Unbalanced resource distribution indicates a certain level of cultural and economic patterns embedded within both macro level policy and household level decision making. Communities with unbalanced power relations will struggle with ability to influence policy.

The Gini coefficient measures economic distribution of income and profits in the population as a whole and ranges from 0-1, the further away from 0 the bigger income gap within the population (HDI UNDP 2019). The coefficient is not affected by differences in wealth, size of economy or how it is measured. Therefore, similar income distribution can be found regardless of differences in BNP (Corporate Finance Institute, 2020). The index values of 2020 sho_{wed Argentina 39.14 and Bolivia 43.49, which would indicate similar distribution} of income.

Furthermore, the Gender Index Gap measures four categories; economic participation and opportunity, educational attainment, health and survival, and political empowerment. In 2020 the overall gender index score for Bolivia and Argentina was 0.73 and respectively 0.75. This index combines the four sub categories and overall status. By looking at the sub-index “Economic participation and Opportunity” we can find more precise data on economic distribution. The index shows that Bolivia and Argentina both scored 0.62 (ranked 105 and 103). This is equal to about 38% indicating that women are 38 percent less likely to access equal economic opportunities than men. The sub-index measures the presence in the labour

(28)

market, income disparities and wage gap between men and women in the workplace. More specifically the index reveals differences in wage for equal experience and skill level, challenges in accessing senior roles and/or high-reward employment areas of the economy. Another aspect is the possibility of accessing start-up capital for activities such as entrepreneurship and financial investment (World economic forum report 2019:11,12). Based on the Gini coefficient and gender index gap both countries seem to experience similar patterns of inequality and social problems of distribution.

6.3.3 Machismo

Another relevant variable to analyse is the existence of machismo (masculinity) embedded within the two countries.

Machismo is a substantial part of Latin American culture and in that sense a more abstract phenomenon to measure. The word macho translates to “real man” and describes certain patterns of behaviour, traditional ideas of gender, dominance and superiority over women and women’s capacity. These patterns are legitimized by patriarchal structures and values embedded in the society affecting and influencing power relations in often leaving women within the private unpaid sphere (Framtidsjorden, 2016). The theorist Gert Hofstede's developed _{cultural dimensions theory in order to better understand what are based upon. The theory is built on six sub-dimensions covering power distance, measuring the extent to which inequality and power are tolerated, individualism measuring the degree of integration in groups, uncertainty avoidance, long term orientation, indulgence and lastly masculinity. The masculinity index is based on attitude towards gender equality, behaviors and preferences of personal achievement. According to the global network of Hofstede Insights, based on Gert Hofstede's work, Bolivia and Argentina scored 43 respectively 52 on the sub-category of masculinity. This indicates similarities in cultural preferences of achievement and success, competition orientation, a certain value system and understanding of success and gender roles (Hofside Insights). _{These strong especially if existing in countries with weak state institutions, risk negatively influencing accessibility to political platforms as well as legal certainty in terms of accountability. Interpretations and appliance of law influenced by machismo culture affect level of progress, efficiency in civil society initiatives and hamper people’s capacity. _{Of in Argentina, roughly 98.8 percent are women compared to similar numbers in Bolivia; 97

(1980) cultural differences}}} cultural values, the domestic workers

(29)

percent_{(Pasquali, 2020 and Broggi 2019).}

Based on this information machismo could be understood as equally present in culture affecting politics, economy and distribution values and norms.

6.3.4. _Corruption

Corruption within local and national government has also shown to have a negative impact on substantive representation.

Previous literature on the perception of corruption and its connection to substantive representation argues for a negative correlation. Increased numeric presence and the level of output, in terms of legislation, are associated with decreased levels of corruption. For example, Marie Goetz concludes that numeric presence changes opportunities for corruption to influence decision making, policy and political agenda (Goetz 2007:87).

Masculinity, highly embedded within political institutions culture policy formulation, affects how and which women become_{elected representatives through the quota system. The} process of electing is sometimes influenced by nepotism, since the male candidates often promote friends or family members with similar values. Placing female relatives on party lists without proper preparation to hold elected offices not only endangers legal certainty but also dismisses the purpose of gender quota to represent the voices of female voters _{(Franceschet &} Piscopo 2012:43) _{In sum, power to independently influence politics is limited and sometimes} only possible in controlled forms to a certain extent. Corruption also violates freedom of speech and participation which limits channels for voices from civil society such as women's movements to communicate and participate in the political debate and further influencing substantive representation.

Data from Transparency International show a similar index score ratio between the countries. Both score approximately 34 from the years 2012 until 2016, from then on Argentina's index score starts to slightly improve while Bolivia stands still at 32 versus 42 as of 2020. The corruption index captures indicators such as insight of performance of institutions, nepotism in the civil service, bribery, the use of public funds and the access of civil society to information (Transparency International, 2020). By comparing over time, the index score on corruption could help exclude corruption as a possible explanatory variable. Legislation passed or implemented before 2016 is especially relevant in attempting to isolate

(30)

this variable since Argentina´s corruption index score slowly starts to separate from the Bolivian score.

6.3.5. The Catholic Church

The strength and influence of the Catholic Church is another relevant possible explanatory factor behind substantive representation.

The Catholic Church has a strong historical involvement in politics and decision making in Latin America. In 2020, about 80 percent of the population identify themselves as Catholic in Bolivia, respectively 92 percent in Argentina (Cultural Atlas 2020). The Church often acts as a mediator during social and political conflicts in many Latin American countries. Argentina and Bolivia both hold a history of strong influential Catholic beliefs intertwined in political and social institutions.

Despite _{efforts to separate state from church the Catholic} values and ideas still hold strong influence on public opinion and political culture affecting progressive outcome/substantive representation. _{Beliefs, values and responsibilities} formulated within the Church intervene with implementation of public policy and the state. Religious institutions have the capacity to influence votes in the Congress and affect laws regarding sexual and reproductive rights. This risk hampers the ability in reaching substantive representation in the sense successful implementation of these laws. According to _Esquivel (2016) conservative Christian values have often been considered a necessary moral force in order to unify nation cultural values still influence voters' political standing points as a moral force in Latin American countries such as Argentina and Bolivia (Esquivel and Pérez 2016:136).

6.3.6. Women's Movements

Finally, this paper focuses on civil society and more specifically women's movements as the main independent variable (x) of interest and argues for important distinctions regarding the inherent strength and sustainability of movements between the two countries.

Argentina has a long history of feminist movements and activism stretching back to the 19th century. The first activism consisted of individuals fighting for equality, mostly voiced by middle class women. Greater organizational capacity and mobilization of women’s

Political Representation of Women in Argentina and Bolivia: A comparative case selection study on the effects of women´s movements on political representation