Abstract

LOZANO PEREIRA, Cecilia  and  MOLINA ROYS, Ema. The quota law as an effective mechanism in political participation of women. Justicia Juris [online]. 2014, vol.10, n.2, pp.87-101. ISSN 1692-8571.  https://doi.org/10.15665/rj.v10i2.330.

This reflection paper analyzes whether the quota law meets the three main assumptions underlying the economic analysis made by Richard Posner like the rationality of individual behavior, the efficiency in making decisions and legal rules as mechanisms of translatable incentives prices that affect the behavior of individuals, in order to determine if their application is efficient. In that sense, it is examined whether the favoring that promotes the quota law to female gender as marginalized group historically produces efficient results as allowing greater and better representation of the female population. It also maximizes their participation in positions of highest decision-making level and other decision-making levels in the different branches of government and the organs of public administration. Moreover, it examines whether the application of Article 28 of Law 1437 of 2011, is producing effective results.

Keywords : quota law; principle of equality; rationality; efficiency; externalities; incentives.

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