Committee on the Elimination of Discrimination Against Women

Exceptional session (New York, 5 to 23 August 2002)

At its twenty-fifth session the Committee adopted Decision 25/1 which took into account that there were significant number of reports of States parties which were awaiting consideration. The Committee was concerned that the information contained therein would become obsolete, and so requested the General Assembly to approve on an exceptional basis, a session of three weeks' duration in August 2002. The following reports are from that session, which took place at UN headquarters in New York from 5-23 August 2002.

Argentina (Combined 4^th and 5^th periodic reports)

The Committee expressed solidarity with Argentina in light of the current economic crisis, but also underlined its concern that women in the country do not suffer disproportionately from it. The Committee's chairperson decided to dispense with the traditional article-by-article review of national implementation of the Convention in favour of a broader examination of the impact of the crisis on Argentina's female population.

The Committee warned against the possible effects the economic crisis may have on women, such as massive layoffs, the exploitation of women who remain in the workforce, an increased burden of caring for the family, the resurgence of patriarchal norms and a reversal in achievements benefiting women, an increase of violence against women, particularly domestic violence, and a deteriorating health care system. The Committee urged the Government to work together with NGOs at the grass-roots level and with women in the political sphere towards enacting protective legislation against those possible ramifications.

The issue of women’s health was of great concern to the Committee. Noting the bad conditions of hospitals due to the financial crisis, the Committee inquired whether the Government had taken specific measures to address the needs and care of the elderly, particularly women. The Committee strongly recommended the inclusion of women living with HIV/AIDS as beneficiaries in proposed health initiatives, and encouraged the Government to implement health care programs targeted specifically to mother-to-child HIV transmissions and maternal deaths from unwanted pregnancy.

The Committee also established a need to intensify efforts against violence in the home, and exploitation, as in the “white slavery” rings and prostitution. 

Lastly, the Committee expressed its disappointment with Argentina for withdrawal of its intention to ratify the Convention's Optional Protocol, citing additional obligations that would infringe on national sovereignty. The expert from Mexico stressed that the Protocol placed no further obligations on the State -- but merely provided an avenue for women to address human rights issues before international institutions. The Committee urged the Government to reconsider ratifying the Optional Protocol.

Because Argentina’s report was written in February 2002, the Committee requested more updated information during the "dialogue" period on the impact of the crisis in the female population of the country. However, the Committee ultimately expressed its dissatisfaction with the lack of information, and asked the Government to submit a follow-up report in June 2004. At the same time, the Committee underlined that such a report would not substitute for the sixth periodic report of Argentina due in 2006.

Armenia (2nd periodic report)

The Committee focused on a handful of key issues, including women's participation in politics and other forms of decision-making, violence against and sexual exploitation of women, employment and wages, and women's health.

The Committee initially focused on the absence of a female presence in politics, noting the unlikelihood that an all-male group would take up and moreover be capable of effectively addressing women's issues. Experts noted that whereas in most countries women were underrepresented in politics, in Armenia they were, for all intents and purposes, unrepresented. In this regard the use of temporary special measures was widely advocated. Suggestions included the use of incentives to motivate more women to enter the political arena as well as the implementation of quotas to make the election of female candidates a viable possibility. Another option proposed was that NGOs, in which Armenian women were highly involved, be encouraged to develop lobbying campaigns to promote the election of female political candidates. 

The Committee also voiced its great concern over the absence of laws protecting women from being abused or sexually exploited. Specifically, Armenian legislation did not address prostitution or the trafficking of women, nor did it deal with domestic violence or marital rape. In particular, women who fell victim to the trafficking industry could find themselves in double jeopardy if forced to carry forged papers and cross borders unlawfully. In addition, the Government appeared to take sex offences lightly; experts noted, for example, that rapists faced a relatively light jail sentence of three years.

With regard to employment and employee compensation, experts were troubled by the disproportionately high rate of unemployment among middle-aged women in spite of the knowledge and skills they had acquired. Another concern was the absence of anti-discrimination employment legislation. As one expert noted, the only progressive labor law in place dealt exclusively with pregnancy and maternity leave and did so in such a way so as to provide employers with a disincentive to hire expectant mothers or women with small children. Also, at least one expert responded with skepticism to the Government's contention that men and women received equal pay for equal work, noting that no supporting data had been provided and that, if true, Armenia would be the only country in the world to have achieved that. 

In connection with women's health, experts found that abortion was widely employed as a means of family planning. Another source of concern was the increase in tobacco usage among women. In addition, the Committee suggested that the Government begin collecting data on drug and alcohol use as well.

Other concerns included the situation of women in rural areas and the methods of redress available to women whose human rights had been violated. With regard to the former, experts recommended that the Government collect data on rural and migrant women in particular; also, the Government ought to stimulate growth in that sector of the population. Lastly, on the issue of enforcing women's rights, little was currently available to victims or their families. An absence of public-sector anti-discrimination laws combined with a hearings system that seems to discourage women from filing complaints meant that women's rights were often overlooked. The Committee further noted the need to look more closely at the operation of the national court system and the Human Rights Commission with a view to making both bodies more accessible to women.

Barbados (4^th periodic report)

The Committee reviewed the fourth periodic report of Barbados in an unusually short session. Analysis of the report and the situation of women in Barbados was substantially hampered by the absence of sex-disaggregated data. Consequently, little could be said on the subject of violence against women or on gender discrimination with regard to wages and unemployment. However, experts were able to comment on issues such as female participation in politics and other major decision making areas, cultural stereotypes and citizenship.

Several experts remarked that the level of participation of women in politics was quite low and suggested that the Government's belief that this was due to a lack of interest might be inaccurate. The Government should consider adopting quotas or other temporary special measures to encourage more women to enter politics. 

Further concern was expressed with regard to the pace of progress, particularly legal reform. For instance, proposed legislation relating to marriage, separation, and the payment of alimony and child support were still awaiting review. Moreover, major legal inconsistencies existed. As an example the Committee noted that the laws on citizenship were highly discriminatory according to sex whereas the equality achieved via the new family laws was far better. There was a widespread call to adopt gender-neutral laws on nationality whereby mothers as well as fathers could transmit citizenship to their children. 

While welcoming the recognition of marital rape as a sexual offence, the Committee noted that, under the Sexual Offences Act, marital rape is recognized as a crime only after the issuance of a decree of divorce, a separation order or a separation agreement, or where the husband is subject to a non -molestation order. The Committee urged the Government to consider defining marital rape to include circumstances of de facto separation, and create awareness on the legal remedies so that offenders can be prosecuted and punished.

The Committee also urged Barbados to address the gender dimensions of HIV/AIDS, including the power differential between women and men, which often prevents women from insisting on safe and responsible sex practices. It encouraged the Barbados to strengthen its efforts to raise awareness and educate women and girls on ways of self-protection.

Czech Republic (2^nd periodic report)

The Committee commended the Government for demonstrating a commitment to addressing women's issues and the political will to remedy current problems. At the same time the Committee identified employment, legal reform and the Government's use of temporary special measures as areas of lingering concern.

The Committee expressed concern for the underrepresentation of women in the workforce as well as the restrictions imposed on working women particularly with regard to pay and the possibility for professional advancement. By all indications women were eligible only for low-level dead-end jobs, while promotion-track positions were reserved for male employees. Moreover, even if the work was the same, the pay was not. The Committee also addressed the issue of women's participation in the informal labor market noting that many women were either self-employed or worked for small businesses and that these women needed additional protection both from exploitation and with regard to employment benefits. 

The Committee noted dissatisfaction with the Government's poor use of temporary special measures to implement faster change. One expert noted that training programs for women returning from maternity leave ought to be a permanent rather than temporary measure. The Government also should make efforts to eliminate occupational segregation, horizontal and vertical, through education, training and retraining, and effective enforcement mechanisms.

In regards to the progressive law reforms recently announced by the Czech Government, one expert said that the elaborated changes were not enough. She noted that these reforms were part of a greater effort to gain entry into the European Union and that this initiative was simply intended to meet E.U. standards which, for their part, fall short of those established by the Committee. Others expressed concern for the establishment of better mechanisms for enforcing women's rights, particularly in the courtroom. Finally, one expert cited the need to educate lawyers in the new law and ensure greater familiarity with E.U. and international law. 

The Committee urged the Government to review and strengthen the penalties for the crimes of incest and rape in order to emphasize that these crimes are serious violations of women’s human rights. The Committee also recommended the Government define the crime of rape as sexual intercourse without consent and to explicitly address the crime of rape within marriage. In addition, the Committee suggested that the Government encourage the media to present non-stereotypical gender models and start a sexual education and family-planning campaign in the hopes of reducing current reliance on abortion as a means of birth control. 

Expressing concern about the lack of information on Roma women, the Committee requested that the Government provide, in its next report, information on the situation of Roma women as compared with non-Roma women and Roma men, especially as regards their health, educational and employment status.

Greece (4^th and 5^th periodic reports)

The Committee congratulated Greece on having recently ratified the Optional Protocol of the Convention. The Committee noted that Greece complies more closely with EU requirements on the status of women -- that focus mostly on economic issues, such as employment -- than on the broader and more encompassing CEDAW requirements. The Committee encouraged Greece to use CEDAW’s requirements to address issues such as violence against women and trafficking of women.

Of concern to the Committee was the status of minorities in Greece, especially women from those minorities. It noted that the Shariah law practiced by the Turkish minority in the Thrace region contradicts the Convention. The Committee encouraged Greece to create programs to promote Shariah in accordance with women’s and human rights and to increase Muslim women’s literacy and awareness levels. The Committee also noted that Roma women are disproportionately faced with police violence and negative social attitudes. To help combat these attitudes, the Government should take effective and proactive measures, including awareness-raising programs, to sensitize public opinion, and particularly the police, on the issue of minority women. 

The Committee also noted that Greece is increasingly becoming a country of transit and destination for trafficked women and girls, for purposes of sexual exploitation, and that the draft legislation on “the elimination of trafficking in human beings, of crimes against sexual freedom, of pornography against minors” insufficiently protects the human rights of women and girls who have been trafficked. The Committee urged Government to review and strengthen the draft legislation, and to implement a policy on the elimination of trafficking with a holistic approach.

Another concern of the Committee was the issue of gender stereotyping and specifically child rearing roles. The Committee encouraged the Government to promote women’s involvement in political life, through changing stereotypical attitudes by the use of media, and through using the Swedish model, which gives a portion of parental leave to the father, which, if not taken, is not transferred to the mother, but is lost. 

Lastly, the Committee expressed great concern that the birth rate in Greece is equal to the abortion rate, and that a large percentage of women deliver through cesarean section. The Committee encouraged Greece to develop programs to educate women on the benefits of natural birth and on the possible complications resulting from cesareans. In addition, the dissemination of information on contraception methods was encouraged, so that abortion is not used as contraception.

Guatemala (3^rd, 4^th and 5^th periodic reports)

The Committee began by commending the Government for its recent passage of the Convention's Optional Protocol. Nevertheless, the Committee spoke of the ongoing need for improvement on several fronts, particularly with regard to government mechanisms for addressing women's issues, education and literacy initiatives, prostitution and the trafficking of women and girls, reproductive and mental healthcare, and women's participation in politics.

As several experts noted, the Government had created a number of bodies designed to promote women's interests and gender equality; however, they questioned how much progress had been made in doing so. The various bodies, they noted, were not well coordinated and were competing for limited financial and human resources. Furthermore, the Committee remarked that there seemed to be no mechanism for monitoring the implementation of the groups' initiatives.

While the human rights of women are explicitly recognized in a number of laws, the Committee pointed out that there does not appear to be wide awareness among women of their rights under these laws or the means by which those laws can be enforced. The Committee also noted that, despite the introduction of protections and social security rights in the area of labor, including domestic workers and those working in the maquila industries, this legislation is not complied with or enforced. The Committee called upon the Government to ensure that State authorities implement this legislation through proactive investigations of alleged violations of female workers’ rights and take measures to strengthen the enforcement powers of labor inspection authorities. The Committee further urged Guatemala to take appropriate measures, including the promotion of stronger private sector codes of conduct, to ensure compliance with existing legislation. The Government should also take steps to raise awareness among women of their legal rights and the means by which those rights can be enforced.

Another issue identified for discussion was prostitution and the exploitation of and trafficking in women and girls. The Committee recommended that the Government review existing legislation relating to the criminalisation of child prostitution and sexual exploitation of minors and take steps to implement its National Plan of Action against Commercial Sexual Exploitation of Children and Adolescents in Guatemala.

The Committee also called for greater inclusion of women in politics, that they be allowed to own land, and that measures be taken to protect them from harassment at work. Experts also urged the Government to harmonize and raise the marriage age for boys and girls. 

Lastly, given the nearly 40-year history of armed internal conflict, the Government needed to institute some mechanism for insuring that progress made was not lost during government transitions. 

Hungary (Combined 4^th and 5^th periodic reports)

Of concern to the Committee was the lack of appropriate laws regarding domestic violence, prostitution, trafficking and incest. The Committee encouraged Hungary to review its penal codes and create laws specifically addressing these areas. For example, sexual offenses, such as rape, should not be viewed as crimes against decency or morality, but rather as crimes against personal sexual rights. The Government should also define the crime of rape, including that within marriage, as based on lack of consent rather than on the use of force.

The Committee expressed dissatisfaction of the lack of gender disaggregated data of the Roma minority, and noted that Roma women are likely to suffer a two-fold discrimination, both as women and as Roma. The Committee stated the urgent need to establish specific legislation addressing Roma women’s issues, such as health care, especially maternity care, and political participation in the Parliament.

In regards to political participation, the Committee asked that the Government harness the national machinery to actively promote the role of women in politics and to encourage NGOs to lobby for women’s political participation. The Committee also urged the Government to take measures to increase the representation of women in elected and appointed bodies through the implementation of temporary special measures.

To encourage not only women’s political participation but also their involvement and equal progress as men in the workforce, the Committee urged the Government to also promote shared responsibilities within the family. This could include ensuring that women receive equal pay for equal value so they do not automatically go on maternity leave because they earn less than their husbands. One expert also encouraged Hungary to consider the Swedish model of allocating a certain part of parental leave to the father, which would be lost unless the father took that leave.

The Committee also pointed out that the report did not include data on women’s general health situation or access to health care. It drew attention to its general recommendation 24 on women and health, recommending that comprehensive research be undertaken into the specific health needs of women, including reproductive health, HIV/AIDS, and the provision of wide access to contraceptives for all women.

Lastly, the Committee advocated that the need to disseminate CEDAW and the Optional Protocol in Hungary, noting that women are not aware of them and the rights they guarantee. 

Mexico (5^th periodic report)

The Committee commended Mexico for its detailed report as well as for its recent ratification of the Convention's Optional Protocol. Nevertheless, there was plenty of room for improvement, particularly in the areas of employment, political participation, reproductive health and poverty reduction.

During its discussion of gender-based discrimination in the employment arena the Committee commented on the meager 36% rate of participation of women in the economy and noted that one fourth of the female workforce earned less than the minimum wage. The Committee voiced its concern over the employment practice which required women to submit to pregnancy tests and that the outcome be negative in order for women to obtain and subsequently keep their jobs.

Women, the Committee noted, are also underrepresented in politics. Though the low participation of women in government exists on both the federal and local levels, there was some question as to whether the laws addressing this issue apply to localities. Consequently, though women have expressed more interest in municipal government, they are better represented at the national level.

The Committee further expressed great concern for several issues tied to women's reproductive and sexual health. Among the identified sources of concern were the absence of family planning assistance and the criminalisation of abortion except in cases of rape, incest, or when the presence of the fetus threatened the life of the mother. In addition, several NGO shadow reports drew the Committee's attention to the fact that even in cases where abortion would be legal, women were often prohibited from exercising the right to terminate their pregnancies. In this regard several reports made specific reference to the case of Paulina Ramirez, the thirteen-year-old girl who was denied an abortion after being raped. The various NGO reports also alerted Committee experts to the troubling fact that public access to contraceptives was practically non-existent. Finally, Committee experts and NGO reports alike observed that Mexican women in general and indigenous women in particular did not receive adequate medical attention. 

Other major problem areas highlighted during the meeting included violence against women, including domestic abuse, which often remains unpunished in Mexico. NGO shadow reports addressed the subject of the recent disappearance and murder of hundreds of Mexican women and estimated that there was a sexual component to at least fifty percent of these cases. It was further pointed out that the government's response had been limited thus far to insinuations that these were immoral women and consequently were themselves to blame for any violence done to them. In its recommendations, the Committee urged the Government to accelerate the fulfillment of the National Commission of Mexican Human Rights’ recommendations relating to the homicides.

Peru (5^th periodic report)

The Committee congratulated Peru on having ratified the Optional Protocol. At the same time, the Government needed to review and/or amend laws, programs and policies in the area of political participation of women, as well as prostitution, violence against women and abortion.

The Committee expressed its concern that the 30 percent quota system regarding the political participation of women in Peru, which was adopted in March 2001, was not being applied. It encouraged the Government to take specific action towards its enforcement. The Committee pointed out that women candidates for political offices could apply under the Optional Protocol of the Convention as an appeal to an international mechanism to enforce these quotas.

The Committee also addressed Peru’s legal system on issues such as prostitution, violence against women, and abortion. The Committee noted the need for health and security programs for the "clandestine" street sex workers, who do not enjoy the protection of women working in more formal establishments. The wide dissemination of information on family planning methods and condom use is necessary not just among sex workers, but also throughout society. 

The Committee noted that Peru does not have a law regarding incest, and expressed a concern that rape cases were considered as such only if violence could be proven. It also noted the need for improvement in the database on sexual offenses, including rape, as it found specific data to be currently non-existent.

The Committee recommended changes in regard to the abortion laws. As abortion is illegal in Peru, even in cases of pregnancy resulting from rape, many women receive clandestine abortions. In case of complications, they are reluctant to seek medical help, as doctors are required to report the abortion to the police. The Committee urged the Government to amend the current legislation, and noted that priority should be given to emergency contraception, as it is safer than abortions. 

The Committee recognized the progress made by Peru in increasing the marriage age for girls from 14 to 16, making it equal to that of boys. However, the Committee also remarked that the Government should recognize the ramifications of early marriages on poverty, education, and parenting. The Committee encouraged the Government to consider raising the marriage age for both sexes to 18.

Lastly, Committee expressed concern that NGOs had not taken part in the drafting of the report.

Uganda (3rd periodic report)

During its consideration of Uganda's third periodic report, the Committee noted that the Government had made substantial progress in terms of combating HIV/AIDS, achieving educational reform, and the inclusion of women in politics and other decision-making positions. 

At the same time, the Committee identified the need for further legal reform. The Committee commented on the need to repeal older gender-biased provisions since they conflicted with the terms of the new Constitution which stipulated that laws, customs, and other traditions that discriminated against women were prohibited. An additional source of concern was the lack of progress in passing proposed gender-equalizing bills, and the Committee called for the speedy enactment of the draft Land Act, the Domestic Relations Bill and the Sexual Offences Bill. Finally, the Committee remarked that harmonization of laws would only be effective if coupled with the adoption of progressive social policies and called for the establishment of timetables and concrete planning. 

The Committee also expressed concern over the practices which threatened the health and sexual autonomy of Ugandan women. For instance, the Government needed to take steps to put an end to female genital mutilation. Furthermore, it needed to implement a more effective means of combating the expanding sex industry. Of particular concern was that women who had been the victims of cross-border trafficking had to pay to be repatriated. The Committee called on the Government to amend its immigration laws so that Ugandan women who escaped sexual bondage abroad could return home without difficulty. 

Experts also suggested that the Government explore possible measures to discourage domestic violence, including placing high priority on comprehensive measures to address violence against women and girls in accordance with its general recommendation 19 on violence against women. The Government was also urged to enact legislation on domestic violence, including marital rape to ensure that violence against women and girls constitutes a criminal offence. In addition, gender-sensitive training for all public officials, in particular law enforcement personnel, the judiciary and health workers was encouraged. 

In regard to national reconciliation and peace-building, the Committee urged the Government to continue to include women from all ethnic groups in peace negotiations. It also recommended the Government include in peace negotiation measures of accountability, redress and rehabilitation for women and girls who have been victims of violence, including enslavement, in those conflicts.

Yemen (Combined 4^th and 5^th periodic report)

The Committee commended Yemen on its frank report, but encouraged the Government to work more closely with civil society organizations in trying to further the implementation of the treaty. 

Of great concern to the Committee were a number of discriminatory laws against women, including a law declaring 15 as the legal age for marriage. The Committee noted that while the law applies to both males and females, there are severe health risks, such as those involving sexual activity and pregnancy, which affect only women who marry at this age. 

The Committee also criticized a Constitutional law obliging women to ask for their husbands’ permission to leave the home, as well as other laws on divorce and separation, polygamy, and nationality laws that discriminate against women. For example, a woman is required to wait four months and ten days before entering a second marriage to ensure she is not pregnant from the previous one; polygamy is legal only for men; and Yemeni nationality can be passed through a mother only if the father has unknown or no nationality or is not legally established, while a child with a Yemeni father automatically becomes a citizen of Yemen. The Committee called on the Government to amend discriminatory provisions affecting women’s rights within the family in order to bring them into harmony with the Constitution and the Convention. It also urged Yemen to eliminate all discriminatory penal provisions, in particular Penal Code article 232, which provides that a husband or other male relative who kills his wife in relation to adultery is not charged with murder.

At the meeting, a shadow NGO report noted the presence of “stronger voices” in Yemen society which reject the CEDAW Convention since it counteracts with Islamic Sharia. The Committee mentioned examples of nations that had managed to outlaw polygamy, enshrine equality in inheritance laws and apply equitable dowry schemes without failing to comply with the principles of Sharia, and recommended that the Yemeni Government obtain information on comparative jurisprudence, where the link between Islamic law and human rights has been codified in legislative reforms and Court decisions.

The Committee also addressed the themes of illiteracy, poverty, and discriminatory practices. Promoting literacy would aid women’s entry into currently male-dominated sectors, such as the labor force, higher education in the sciences, and in the political and government sectors. The Committee also recommended implementing literacy, educational programs, and family planning programs to eliminate some of the burdens and practices faced by rural women, such as extremely high fertility rates, high maternal mortality rates, and even female genital mutilation in some rural regions.

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