COMMITTEE ON ELIMINATION OF DISCRIMINATION AGAINST WOMEN BEGINS CONSIDERATION OF SLOVAKIA'S INITIAL REPORT

385th Meeting (AM)
WOM/1055
23 June 1998



Slovakia's labour laws were designed to ensure favourable conditions for
women, a representative of that country told the Committee on the
Elimination of Discrimination against Women this morning, as it began its
consideration of the Slovak Republic's first report on its implementation
of the Convention on the Elimination of Discrimination against Women.

Although women's wages were often lower than men's, Slovakia's labour law
ensured employment for parents, and protected women from unemployment, the
State Secretary, Ministry of Labour, Social Affairs and Family of the
Slovak Republic, Milica Suchankova, told the 23-member Committee, which
monitors compliance with the Convention on the Elimination of
Discrimination against Women. Labour laws favoured mothers and protected
women from doing physically harmful jobs, she explained.

Following the introduction of the report, a member of the Committee,
noted the many differences between the provisions for the treatment of men
and women outlined in the Constitution and the labour laws. She cautioned
that increased protection for women at work could lead to discrimination in
reality, and further perpetuate the social role of women.

Committee members stressed the need to sensitize the public on the
economic roles of women and to change stereotyped images of women. They
expressed concern over the prevalence of traditional career choices for
boys and girls and the increasing rate of domestic violence, both of which
had serious implications regarding the social perception of women.

Several experts expressed concern at the report's assertion that the
country's legislation was gender neutral, and therefore there was no need
for temporary measures to accelerate de facto equality between men and
women. Several experts said that neutral legislation would not give women
equal rights. Rather, extra measures were needed to complement prevailing
legislation, they stressed.

The Committee will meet again at 3 p.m. today, to continue posing
questions to the Government of Slovakia.

Committee Work Programme

The Committee on the Elimination of Discrimination against Women met this
morning to begin considering the initial report of Slovakia (documents
CEDAW/C/SVK/1 and CEDAW/C/SVK/1/Add.1), submitted under article 18 of the
Convention on the Elimination of All Forms of Discrimination against Women.
That article provides for States parties to submit reports on legislative,
judicial, administrative and other measures adopted to give effect to the
provisions of the Convention. (For background on the session, see Press
Release WOM/1053 of 19 June.)

The report was originally issued as a United Nations document in July
1996, and updated in an addendum in May 1998. The update contains
information on changes in legislation and accepted measures which occurred
in the legal system after the initial report: in particular, it notes that
significant changes have been made in the field of employment. The report
as a whole focuses, to a great extent, on the rights of women in the
workplace, and with the maintenance of stability in family life: two
areas, it notes, that are sometimes difficult to balance.

The Convention was ratified by the former Czechoslovakia in February
1982, and was adopted on the basis of succession by the Slovak Republic in
January 1993. The report notes that important political and geographical
changes have occurred in the country since the Convention came into force;
in 1989, the Czech and Slovak Federal Republic embarked on a programme of
democratic development and economic transformation. The independent Slovak
Republic, established at the partition of the Czech and Slovak Federal
Republic in January 1993, adopted all of the obligations of the former
Czechoslovakia.

The report says that since November 1989, Slovakia has been striving for
the creation of a democratic, politically and ideologically pluralitarian
society and for a socially and ecologically balanced market economy. The
Slovak Republic is fully engaged in the implementation of individual
articles of the Convention, and all of the country's legislation includes
norms sanctioning non-compliance.

In the establishment of the Slovak Republic, special attention was
devoted to securing continuity and stability of legal order, as the basic
condition for the stability of State institutions and respect for human
rights, the report continues. Fundamental rights and freedoms in
Slovakia are constitutionally protected. The legal order respects equality of citizens
before the law, and provides them all equal protection. The Slovak
Constitution stipulates that basic rights are guaranteed to all individuals
without regard to sex, race, colour, language, faith, religion or other
factors.

The report says Slovakia has a varied population in terms of nationality
and creed. In addition to a majority of Slovak nationals, there are
relatively strong Hungarian and Romany minorities, along with about 10 less
populous nationalities. While the majority denomination is Roman Catholic,
Protestant, Uniate, Orthodox and other congregations are also represented.
More than half of the population lives in cities, although about 40 years
ago two thirds of the population lived in rural areas.

According to the report, marriage and the family maintain a high status
in Slovakia; approximately 90 per cent of all children are born in
marriage. Most mothers give birth to two children, usually in rapid
succession, and most children are born to mothers aged 20 to 24 years old.
The lives of families and households generally manifest neither frequent
nor rapid changes, and thus the maintenance of old habits is reinforced.
Other factors that inhibit change are spiritual and cultural traditions, a low level of social and
geographical mobility, strong social control exerted by communities and -- paradoxically
-the socialist system enforcing uniformity in society.

The country is facing a multitude of problems in the realization of its
economic, social and political intentions, the report goes on. Women in
Slovakia have had equal standing with men in the previous, as well as in
the current, democratizing society, but in many areas they lack
opportunities to execute their rights. They are often hindered by
conventional viewpoints relating to the role of women, their duties
connected with the reproductive process, or by the general economic
situation.

The report says traditional opinions on the role of men and women,
especially in family relations, are firmly rooted in the positions and
behaviour of Slovak citizens, particularly those who are middle-aged and
older. Over the past two years, several sociological studies have been
undertaken, including, among others, a survey by the International Centre
for Family Studies. The results of such studies have been given wide
publicity, and have initiated discussions on changing the stereotypical
image of the roles of men and women in the family, in society, and in the
labour force. The results of the studies have also showed that Slovak women
do not feel discriminated against, but do need more support in creating equal
opportunities, especially in harmonizing a professional life and a family.

In March 1996, the report says, a Coordination Committee for the Problems
of Women (CCPW) was established under the auspices of the Slovak Ministry
of Labour, Social Affairs and Family, as an advisory, coordinating and
initiative authority of the Slovak Government for issues concerning the
position and interests of women in all spheres of life. Members of the CCPW are
parliamentary representatives and members of non-governmental women's
organizations, trade unions, the central authorities of State administration, research
institutions and churches. The Committee contributes mainly to the
resolution of issues connected with the position and problems of women,
children, youth and family in society, as well as legislation in the area.

Following up on the Fourth World Conference on Women in Beijing, China,
in 1995, the CCPW produced a thorough analysis of the position of women in
Slovakia, on which were based proposals for specific measures for the
solution of existing problems over a time span of 10 years, says the
report. Known as the National Action Plan for Women in Slovakia, it was
approved by the Government in September 1997. The Government also took
over responsibility for implementation of individual measures with the
active participation of non-governmental organizations (NGOs).

The report notes that another important initiative of the CCPW was the
setting up of the Gender Centre, an NGO based in Bratislava, in 1997. The
Gender Centre is financed by the United Nations Development Programme
(UNDP) and the State budget and provides a permanent platform for
systematic monitoring of problematic areas in the lives of women. The
Centre also acts as a link between national and international activities in
this area.

Obstacles and many new problems notwithstanding, the situation of women
has recently progressed in several directions, concurrent with ongoing
social and economic changes, the report continues. With regard to the
status of women in society and the family, the essential philosophy of a
policy accentuating the participation of women in production is changing
towards a deeper comprehension of their position in the family. In the
economic field, women have started to engage in business activities with
relative success, in spite of economic and psychological barriers.

The report says there is also a high level of participation of women in
the labour force, which is probably due to factors that include the
traditionally high esteem for work in the value system of women, economic necessity due
to the prevailing double-income model of the family, and the view that work
is not only a source of income, but also a sphere for social contacts and
selfrealization.

Women have equal rights with men to a free choice of profession, as well
as to preparation for it, the right to do business and perform other
earning activity, the right to work, and to adequate material compensation
in case of loss of employment, and the right to fair and satisfactory work
conditions, says the report. Any acts and practices discriminating against
women are contrary to the Constitution, and, therefore, neither companies,
organizations nor persons may adopt any measures that would discriminate
against women. In fact, it is possible within company trade union
organizations, to accept measures for extraordinary protection at work.

Like men in Slovakia, most women hold down just one main job, the report
continues. Most Slovak women aged from 35 to 39 go to work; the number
decreases slightly for younger and older women. They are mostly employed
in the processing industry, especially in textiles, clothing and food.

They are also employed in large numbers in non-manufacturing sectors,
mainly education, health, public administration and commerce.
In 1996, women represented 78.8 per cent of the total number of part time employees.
The most frequent reasons given for shorter working hours were health, initiative
of the employer, child care, and the convenience of part-time work.
The average hourly wages of women are 22.4 per cent lower than the average hourly wages of men.

The report says that, in the preparation of a new Labour Code, there is
an ongoing debate about whether women should continue to be prohibited from
working at night. The current law allows women to work night shifts only
for "specifically stated reasons". There are certain exceptions to the
rule, which are approved by central authorities after agreement with
respective employers organizations. The report stated that both men and
women should have equal rights in the choice of working day or night
shifts.

According to the report, certain special provisions are made regarding
the employment of pregnant women. Pregnant women who are doing work which
has been medically assessed to harm the pregnancy in some way must be
reassigned to suitable work for the duration of their pregnancy and for up
to nine months after delivery. If the alternative work does not pay as
well as their regular jobs, they are to be compensated for the difference
in their wages. When a woman returns to work after her maternity leave,
her employer must then assign her to her original work and workplace.

The report says that, under the Slovakian Constitution, every one has
equal rights to medical care. Obligatory health insurance provides free
access to health care for all; insurance for "economically non-active citizens" is
paid for by the State. Complex health care includes oncological prevention
and measures to prevent the spread of sexually transmitted diseases. Women
have free access to contraceptives, and to abortion and in vitro
fertilization. The rates of abortion aredeclining.Childbenefits arepaidtopermanent residentsofSlovakia.

In the transformation of its social security system, the Government of
Slovakia has redrawn the basic strategic goals of State family policy, says
the report. Those goals include the achievement of relative economic
independence for families, and stability and social equality of spouse and
parent relations regarding equal rights and common division of family
roles. The State has undertaken the responsibility of supporting needy
families with children, and even, in some cases, those without, in order to
prevent a decrease of living standards of a citizen or family, in
accordance with the rights guaranteed by the Constitution. The principle
of equality of men and women in all family relations dates back to the
Family Act of 1963, assumed by Slovakia by succession.

Introduction of Report

MILICA SUCHANKOVA, State Secretary of the Ministry of Labour, Social
Affairs and Family, introduced the report of the Slovak Republic. She said
human rights issues were intrinsically related to all members of society,
and one of the essential tasks of the State is to ensure fundamental rights
and freedom for all citizens by all available national means.

In January 1993, when the Slovak Republic became a sovereign State, it
took on all of the human rights conventions of the United Nations,
including the Convention on the Elimination of All Forms of Discrimination
against Women. Slovakia guarantees, through its Constitution, equal rights
to all its citizens, regardless of sex, race, colour of skin, language,
belief and religion or political thinking, among other factors. No one in
Slovakia should be harmed or treated preferentially because of such
factors, the representative noted. Slovakia had been actively involved in
international activities relating to the issue of women's rights and equal
rights for women and men.

Following the 1995 World Conference on Women in Beijing and linked to its
conclusions, the Coordination Committee for Women's Issues elaborated the
National Action Plan for Women in the Slovak Republic. The National Action
Plan describes the main obstacles to the achievement of equal rights for
women in Slovakia, and outlines strategies to improve the situation of
women over 10 years. The strategy calls for the active participation of NGOs.

Continuing, she said the National Action plan was also submitted to the
secretariat of the Commission on the Status of Women. Slovakia's active
participation to the resolution of women's problems was exemplified by its
membership on that Commission. Among other significant activities of
Slovakia in the field of equal rights for women are regular reports on
progress made concerning the responsibilities of the General Assembly's
Third Committee (Social, Humanitarian and Cultural). The Slovak Republic
also supports the efforts of the international community towards the
universal ratification of international conventions relating to human
rights, and has withdrawn its reservations to many such conventions.

The population of the Slovak Republic is characterized by a long-term
preference for two fundamental and traditional relationships: matrimony
and parenthood, both of which held in high esteem. There was a
predominance of family-type households, although this was accompanied by a
growing phenomenon of common law cohabitation. The majority of the
population marry at least once; most women have children, and the
structural type of the two-child family is still prevalent. About 10 per
cent of children were now born out of wedlock; that was a growing
phenomenon.

A declining birth rate had also been recorded, although births still
outnumbered deaths. That was expected to change shortly, as the birth rate
had fallen below the replacement level.

Women in Slovakia perceived their status as less advantageous than that
of men, as they had a greater number of obligations, but they did not
regard themselves as the weaker sex, she said. They were at a disadvantage
in practices of hiring and financial compensation. The breadwinner
argument still applied, and prevailed mainly among men. Men still most
valued women in terms of their ability to run a household and to bring up
children. However, dual-income households were becoming the norm, and
women were becoming more common in the workplace. Increasingly, they were
refusing to occupy a permanent place in the household. Also, their role
outside the home was in proportion to their level of education.

Changes in the political and socio-economic situation at the end of the
1990s is resulting in a re-evaluation of the approach of the State to the
family, and in the determination of objectives and principles of the
State's family policy. The concept of a family was outlined by the
Government in 1996; it included such matters as the stability and social
quality of marital and parental relations.

The rights of women to utilize their education to participate in earning
an income is aided by improvement in conditions of work, including
maternity leave, and provision of child-care facilities. Government
policies are also being implemented to ensure a flexible transition from
parenthood to a working role. There is legal protection for families, and
health protection for family members, including sickness insurance and
benefits covering pregnancy and motherhood.

In certain circumstances, women enjoy more favourable conditions than
men. Labour laws have been modified to ensure continued employment for
parents.

Slovakia has high employment rates for working women, and the labour law is
above standard compared to many other advanced countries, the
representative said.

Prohibition of discrimination against women is a part of that legislation,
as are features for protection from unemployment. Also, women may not be
ordered to execute work that is harmful for them physically. Employers are
obliged to extend maternity leave for mothers, if requested, until the
child is three years old, and conditions for women working at night must be
safe.

Under wage agreements, differences in pay for men and women performing
the same work do not exist, she said. In practice, however, unequal pay
levels for identical activities did exist, mainly in private business.
According to statistical reviews of wage levels, coordinated by the
Ministry of Labour, Social Affairs and Family, the ratio of wages between
men and women was 79 per cent, which compares with countries in the
European Union, where, in 1991, pay rate ratios ranged from 67 per cent in
the United Kingdom to 84 per cent in Denmark. Wage equality is being
emphasized in new legislation currently in preparation.

Turning next to the right to safe working conditions, she said labour
safety was, by law, an employer obligation. Certain areas of work were
deemed physically unacceptable for women, and special conditions were
afforded to women in the armed forces and in the police force.

The Slovak Constitution guaranteed the right to health care to all
citizens regardless of sex, she continued. Mandatory health insurance was
in force, ensuring free access to necessary health care. Insurance
premiums were paid by the State on behalf of the economically
disenfranchised, and there were no differences in access to health care
between rural and urban populations. The primary health-care system
included gynecological services for reproductive health, family planning
and care in pregnancy and after delivery.

The quality of mother and child health care may be seen by decreasing
rates of prenatal, maternal and infant mortality. At the same time, the
birth rate is also decreasing, as in other European countries, so that
attention is given to each pregnancy. Inoculation against contagious
diseases is guaranteed by the State, and 97 per cent of the child
population is inoculated.

Women are guaranteed free access to contraceptives, abortion and
artificial insemination, she said. The decreasing number of abortions is
indicative of access to family planning methods and education. Life
expectancy for men is 68.8 years and for women is 76.6 years.
Approximately 55 per cent of all physicians were women, and the field of
health care is among the most common for women's employment, she added.

Turning to article 6, on the suppression of traffic and exploitation of
the prostitution of persons, she said that measures to fight child
pornography and the sexual abuse of women and children were approved in
1997. These focussed on preventing and deterring sexual abuse through a
complex series of measures. Legislation on the regulation of prostitution
and suppression of the spread of sexually transmitted disease is being
prepared. It will be harmonized with international agreements on
prostitution and sexual exploitation.

The problem of domestic violence against women was becoming increasingly
important, since such abuse was common and the effectiveness of police
activities were limited in that area, she said. Legislation is in
preparation on preventing criminal behaviour, and a governmental advisory
council has been established to address the issue.

On article 7, concerning eliminating discrimination against women in
political and public life, she said that in 1994, 22 women were elected
members of the National Council, making up 14.7 per cent of the 150
representatives. In 1998, 396 women were elected town clerks or city
mayors, 13.9 per cent of the total 2,848. She stressed the importance of
women's associations with regard to political parties and movements.

Regarding the Convention's article 9, equal rights to acquire or change
nationality, she said the Slovak Republic considered the right of
nationality of great importance. The relevant legislation will be fully
compatible with the principles of the Convention, upon a slight amendment.
That legislation implemented the standards and principles in the European
Convention on Nationality and fully established the equal rights of men and
women in that area.

On article 16 -- measures to eliminate discrimination in marital and
familial relations -- she said that men and women enjoyed identical rights
and obligations according to the country's current family laws. Women
chose their name upon marriage, and parents shared responsibility for their
children, regardless of whether they were born in or out of wedlock. In
practice, mothers were generally more involved in child care than fathers;
however, both were obligated to contribute to and participate in their
children's upbringing.

She concluded by saying that the Slovak Government considered the
adherence to and implementation of agreements relating to human rights an
essential condition of the functions of a modern democratic society and a
rule of law.

General Comments by Experts

Several experts commended the presentation, and noted that it contained
information that had been lacking in the report. One person said that the
Committee's guidelines on report preparation had not been adhered to, and
the report had not provided information on certain key areas, such as
national programmes to implement the Convention's articles. Also, it was
noted that efforts to utilize the country's ethnic diversity as a unifying
force for development had not been adequately addressed.

An expert said the country's economic growth was admirable, even within
the context of Europe. However, she noted that the quality of life for
Slovak citizens did not reflect that fact. She also said that despite
high literacy rates for both men and women, career choices tended to be
highly stereotyped. Girls were attracted to humanitarian careers while boys
gravitated to technical fields. What was being done to mitigate that
trend, she asked.

Slovakia was going through a period of transition, both politically and
economically, many experts noted. They asked about the impact of problems
related to such transition on the lives of women and children. One member
pointed out that in the Committee's experience, countries in transition
benefitted from programmes to address specific problems and asked what was
being done in that regard. For example, the establishment of a national
machinery for women had proved of great importance to avert negative
impacts of structural adjustment programmes and problems related to
transition. Another expert stressed the importance of enlisting
participation from nongovernmental organizations in implementing the
Convention.

Comments on Specific Articles

Turning to article 2, on legal and administrative measures to eliminate
discrimination, an expert said it seemed very progressive on the part of
the Slovak Republic to enable international conventions to have preference
over national laws. Had that been promulgated by law? she asked. Also,
article 2 clearly prohibited both direct and indirect discrimination
against women. Was there an understanding in Slovakia that many laws had
unequal impacts on women and men?

On implementation of the Convention, several experts asked whether there
was ready access to the courts for women for cases of litigation of
discrimination against them. Had there been any recent cases? Was legal
aid available for women to bring such cases, and how were the decisions of
such cases implemented? Another expert asked whether, given the expense of
taking a case to court, there were other bodies outside the courts to which
women could turn.

An expert noted that there had been reports which suggested that members
of the judiciary had been intimidated. It was imperative that there be an
independent judiciary. Were there any comments on that point?

Referring to the penal code of the Slovak Republic, an expert asked for
an explanation of how the code dealt with crimes such as rape, statutory
rape, trafficking in women and pimping. What was meant by "criminal
abortion", and how was it dealt with? When would the ombudsman's office
referred to in the report be established, and what would its powers be?
asked an expert.

An expert said there were many differences in the treatment of men and
women outlined in the Constitution and the Labour Code. For example, there
was greater protection for women at work, and women had an earlier
retirement age than men. Such measures were justified by the Government of
Slovakia as it considered social functions as the primary tasks of women.
However, such protection led to discrimination in reality, and further
perpetuated the social role of women. Were there any comments on this
point?

Turning to article 3 on measures to ensure the full development and
advancement of women, participants wanted to know whether the Slovak
Coordination Committee for the Problems of Women dealt just with women's
issues or whether it was a broader entity that dealt with gender and equal
opportunities between men and women? Also, as that Committee's membership
was made up of different groups, clarification was needed about its
composition -was it all female or male and female? Participants felt that
it was important for men to be involved in the process and to be aware of
the questions and problems associated with discrimination since they were
in positions to change society, existing rules and regulations.

Participants also wanted to know whether the programmes cited in the
reports had the necessary financial wherewithal to be translated into
reality. Countries generally had good intentions; resources, however, were
a real problem. It was also asked whether women from all social categories
were brought in right from the initial design of the action plan? Those
women who often endured real problems in society were frequently not
considered; they could ensure the success of the plan.

Other participants said that although Slovakia was now undertaking
reform, the report said that women had met with obstacles and had
experienced new problems. There was a need for more clarification in terms
of laws. Newly enacted laws still did not make clear what the new problems
were.

In the addendum, it was mentioned that the Coordination Committee for the
Problems of Women was established to deal with women's problems. However,
that Committee was not a standing mechanism and did not deal with day-to-
day work, as representatives from different organizations gathered
periodically to discuss their work. Clarification was needed concerning
the Committee's future actions.

Some participants said that article 4 was the most important one in the
Convention. Yet Slovakia had not really seen the need for temporary
measures since it had legislation that was gender neutral. Legislation was
needed to go hand-in-hand with other measures, since women and men lived
different lives and were not on equal levels. Neutral legislation would
not give women equal rights, it was stated. For instance, there were very
few women in decisionmaking positions. To change that required new
measures, in addition to current legislation. The decision by the Slovak
Government not to take special measures was a misunderstanding of article
4. Legislation was not enough. Also, it was said, measures relating to
article 4 should not be seen as discrimination against men.

Participants wanted to know what the Slovak Government was doing to
implement article 5 of the Convention. There was a need to sensitize the
public to the role of women as equals in the economic context and to change
their stereotypical image. More efforts needed to be made to expose the
general public to gender issues, while teachers and the judiciary should be
exposed to gender-sensitive programmes. Participants also wanted to know
whether there were any efforts to clean up school books and to prevent the
media from projecting and promoting stereotypical images of women.

On domestic violence, participants observed that there was no legislation
that dealt with that issue. Was that being reviewed? Statistics showed
that there was an enormous problem with criminal acts and violence against
women. Often hidden from the public, that problem was on the increase.
Were there plans to address this through legislation, shelters for abused
women, hotlines for help, and through addressing the reasons why men used
such violence against women?

Participants said that the pattern of family violence indicated that
women were being abused because they were deemed inferior to men. If women
felt that they were not being discriminated against, then they had to be
sensitized. For women not to be aware of discrimination, meant that their
views were rooted in traditional values. If the report said that women
were moving forward then there was a contradiction.

Other participants wondered whether data in future reports could show
that women were, in fact, playing a role opposite men in the political
arena. Could women really find out what their true role was in society
besides being mothers and members of families? Also, were they truly aware
of any other options?

An expert said the report had noted that there was a planned amendment of
family legislation. What was the current situation regarding such
amendments? Were they necessary? How far along was the Government in
formulating such amendments, and what was the role of non-governmental
organizations in the process?

Another expert referred to the data in the report that suggested the
phenomenon of domestic violence was increasing. She thought that perhaps
the Slovakian Government should introduce specific legislation on domestic
violence. The police, magistrates and prosecutors should also be
specifically trained to deal with domestic violence, so that women who were
vulnerable could be protected.

An expert asked how many women there were in the Coordination Committee
for the Problems of Women and its different branches. Six main goals of the
Committee had been outlined in the report, and the final one was to propose
specific measures. Since the Committee was established in 1996, what had
been achieved in terms of specific measures?

On article 6, on suppression of the traffic in and of the exploitation of
the prostitution of women, an expert noted that punishment for trafficking
in women across borders for the purposes of prostitution included
imprisonment. However, the rates of prosecution were very low, about three
or four annually in recent years, and rising to 10 in 1997. With the
opening of borders in the region, and the consequent easy movement between
countries, it would seem to be much simpler to pursue such trafficking. Was
it that there were really such low rates of trafficking in women, compared
to other countries, or were the criminals just not being caught? Was there
a serious concerted approach to prevent the trafficking of women?