EXPERTS IN WOMEN’S ANTI-DISCRIMINATION COMMITTEE PRAISE SLOVENIA’S LEGAL FRAMEWORK BUT STRESS NEED TO STRENGTHEN MECHANISMS TO COUNTER INEQUALITY

Committee on Elimination of
Discrimination against Women
10 July 2003
620th & 621st Meetings (AM & PM)



Anticipating Slovenia’s future membership in the European Union, expert members of the Committee on the Elimination of Discrimination against Women praised that country for creating a positive legal framework for the advancement of women, while at the same time cautioning against a reversal of achievements as a result of the weakening of Slovenia’s national machinery to empower women.

The Committee was considering Slovenia’s second and third periodic reports on compliance with the Convention on the Elimination of All Forms of Discrimination against Women in two meetings today. Slovenia became a signatory to the Convention in 1992 as a legal successor to ratification of the Convention by the former Socialist Federal Republic of Yugoslavia.

Following a difficult transitional period, experts agreed Slovenia had made significant progress in advancing the situation of women, in particular by enacting numerous laws. Noting an apparent contradiction between the Government’s commitment to the Convention and its plan to “shrink” its national machinery, experts emphasized that as a European Union State, Slovenia would have to strengthen its national mechanisms to counter the discrimination women continued to face.

Of particular concern was the recent dissolution of a parliamentary working group devoted to the advancement of women and gender equality. As most European Union countries had such parliamentary committees, it seemed that the Government was marginalizing the question of women. Asserting that some nations aspiring to European Union membership placed great emphasis on obligations under the Union, one expert noted that the Convention’s scope was just as broad as the Union’s directives. In that regard, the Convention should not be seen as “second class” among international obligations.

Experts also expressed concern that the Office for Equal Opportunities, a small government office whose future status also appeared uncertain, was not equipped to handle the huge responsibility of coordinating the Government’s gender policies. While Slovenia’s enactment of laws such as the Equal Opportunities Act was laudable, experts questioned whether the Office would be able to cope with the added burden of monitoring the implementation of such legislation. Experts also asked about the appointment of a government official as “Special Advocate” for human rights issues. The creation of an independent ombudsperson to receive complaints of gender-based discrimination would have been a breakthrough for an Eastern European country, one expert noted.

At the outset of the meeting, experts welcomed the announcement that Slovenia intended to ratify the Optional Protocol in the near future. [The Optional Protocol entitles the Committee to consider petitions from individuals or groups of women who have exhausted national remedies and to conduct inquiries into grave or systematic violations of the Convention.] Experts also welcomed Slovenia’s intention to adopt the amendment to article 20 of the Convention, on the Committee’s meeting times.

Responding to expert’s questions, Violeta Neubauer, Coordinator for International Cooperation, Office for Equal Opportunities of Slovenia, said the Office’s future situation remained unclear, as a reorganization of government structures was currently under way. Most of the country’s gender-equality structures had been established in response to the demands of civil society, including women’s associations. Slovene women were active in gender equality matters, and it would be a logical solution to raise the status of the Office to the ministerial level during the ongoing government reform. Another option was to place the Office under the Office of the Prime Minister, which it had been in 1992 when it was first established.

Among the other issues raised today was the need for specific legislation to address violence against women; multiple forms of discrimination suffered by minority women, in particular Roma women; the breakdown of marriage and the large number of children born out of wedlock; and high maternal mortality rates.

Also participating in Slovenia’s presentation were: Mira Olup Umek, Director-General, Office for Equal Opportunities; Tanja Salecl, Deputy Director, Office for Equal Opportunities; Mihaela Logar, State Under-Secretary, Ministry of Agriculture, Forestry and Food; and Irena Kirar Fazarinc, National Coordinator for Women’s Reproductive Preventive Programmes and WHO National Coordinator for Women’s Health, Institute for Public Health.

The Committee will meet again tomorrow, 11 July, at 10 a.m. to consider the situation of women in Ecuador.


Background

According to Slovenia’s second and third periodic reports (documents CEDAW/C/SVN/2 and CEDAW/C/SVN/3), the country became a signatory to the Convention on the Elimination of All Forms of Discrimination against Women in 1992 as a legal successor to the ratification of the Convention by the former Socialist Federal Republic of Yugoslavia. After Slovenia’s initial report was presented to the Committee on the Elimination of Discrimination against Women in 1997, the experts’ comments were forwarded to the Government, which charged all competent ministries and institutions with the task of incorporating the provisions of the Convention in their policies and programmes. The country’s national gender equality machinery includes the Women’s Policy Office and the Equal Opportunities Policy Commission at the National Assembly.

From the point of view of elimination of discrimination against women, the Equal Opportunities Act of June 2002 represents major progress, the latest report states. It not only defines gender-based discrimination, but also identifies various measures for the elimination of both direct and indirect forms of discrimination in all spheres. With the Act, Slovenia has also introduced a special advocate for equal opportunities, who would deal with individual cases of alleged unequal treatment of men and women and provide a written opinion on the matter.

Also important for gender equality are acts on Employment Relationships and Parental Care and Family Income. The report concludes that the country’s new legislation means that “women and men participate equally in all fields of public and private life, have equal status and equal opportunities to enjoy all rights and to develop personal potentials ... as well as the right to equal benefit from the results that development brings”.

Among efforts to eliminate prejudices and stereotypes, the reports list education on matters of gender equality as an integral part of the education system. Equal gender treatment is being practised in preparation, adoption and implementation of programmes related to public education and vocational training, in the approval of textbooks and teaching aids, and in introducing new teaching methods.

In the field of education itself, the number of women is markedly higher at university level, mostly at departments devoted to health, social studies and teaching. There is also a higher share of female students at the faculties of economics, social sciences, pharmacy and medicine. The smallest number of girls is enrolled at the faculties of engineering, electrical engineering, computer sciences and informatics.

Under the law, marriage is based on the equality of spouses, and parents have the right and the obligation to bring up their children. Recently, fathers were granted a non-transferable right to paternity leave of up to 90 days. Despite such provisions, however, a traditional division of roles is still present in Slovenia, and the division of work between partners or parents in the family is “explicitly unfavourable”, with women doing far more work than men. In 2003, the Government is planning to introduce a campaign to promote the paternity leave, to encourage as many fathers as possible to take advantage of it.

The Government further reports that violence against women is still a pressing problem. Under the country’s criminal code, the offence of violence is punishable by a sentence of up to two years in prison. If the offence was committed by two or more persons, the sentence of three years can be imposed. According to the Ministry of Internal Affairs, from 1989 to 1999, some 12,000 crimes and 80,000 violations with elements of violence were committed in the family, and in more than 60 per cent, the victims were women. In less than half of the cases did the victim herself report the violence.

Operating in the country are shelters, homes for mothers and related organizations for women and children who become victims of violence, most of them managed by non-governmental organizations. In 2001, within the framework of the Ministry of Labour, Family and Social Affairs, an expert council for problems of violence against women was established as an advisory body. It has already proposed some changes to the Penal Code, including the proposal that violence in the family be defined as a specific crime.

While the share of women in political life is slowly rising, the total percentage of women elected to the National Assembly and the National Council is about 13 per cent. The representation of women is also low in the Government, which has three female ministers following the 2000 elections. Women are a minority in leading positions in most fields of public life. The share of female judges is higher than that of male judges, however, with 66 per cent of all judges being women. In response to this situation, a Coalition for Establishing a Balanced Representation of Women and Men in Public Life has emerged in the country, which unites individuals from non-governmental and governmental organizations, civil society, political parties and women’s groups.


Introduction of Reports

Introducing the country’s delegation, ROMAN KIRN (Slovenia) informed the Committee that the country’s consideration of the Optional Protocol to the Convention had resulted in the clear consensus on the need to ratify that instrument, and the process of ratification was now under way. The country was also expected to adopt an amendment to article 20 of the Convention.

Presenting Slovenia’s reports, MIRA OLUP UMEK, Director of the Governmental Office for Equal Opportunities, said that without legal measures against gender discrimination, it would be impossible to raise awareness of the need for justice and promoting the abilities of both women and men. The substantive provisions of the Convention and the right to petition under it, which had been introduced by the adoption of the Optional Protocol, clearly reflected the idea that despite all the efforts of the human rights conventions, strong social and cultural stereotypical gender roles still prevailed.

Certain changes, which had occurred in the 1997-2002 reporting period, had been encouraged by the concluding comments of the Committee and were reflected in the country’s reports, she continued. Along with those comments, the Convention itself, outcomes of the Fourth World Conference on Women, the Beijing + 5 special session of the General Assembly and the Optional Protocol influenced the formulation of the country’s policies, programmes and measures and were used to challenge the existing division of labour, power and responsibilities according to gender.

Continuing the introduction, TANJA SALECL, Acting Director of Slovenia’s Office of the Government for Equal Opportunities, characterized the situation in the country and outlined the main achievements for the advancement of women there. She said that Slovenia’s population of 2 million was ageing. Fertility was falling, and the average age of mothers at first childbirth continued to rise, as did the average age of brides and grooms. The number of marriages and divorces had slightly risen in comparison with 1997, and life expectancy was also rising. The economic situation was characterized by microeconomic stability and an established open and stable market economy.

Public and political life remained a male-dominated area, she said. At the latest national elections in 2000, women got the same number of seats in the National Assembly as in 1993: 12 women (13.3 per cent) had been elected out of 90 members of parliament. Following the latest changes in the Government in December 2002, there were three women ministers, which gave them 18.7 per cent of executive positions. Women were even more underrepresented at the local level. Currently, only 11 municipalities out of 193 were headed by women mayors, and only 13 per cent of women were elected to municipal councils. The principle of gender-balanced participation was only realized in the Constitutional Court, which consisted of nine judges. Four women had been elected as judges in 2002, and one of them held the position of President of the Constitutional Court.

Regarding Slovenia’s national machinery for the advancement of women, she said that, following the national elections of 2000, the parliamentary working body responsible for the advancement of women and gender equality had not been re-established. Despite the loss of that institution, it was appropriate to report that in 2002, the National Assembly had adopted a special provision that guaranteed non-sexist use of language in legislation. On a symbolic level, that was an important achievement.

She went on to say that the government body responsible for the advancement of women and gender equality had also been affected by changes in its style of functioning, mandate, agendas and programmes, which were aimed at strengthening that body. The Women’s Policy Office had been renamed the Office for Equal Opportunities. A particularly important change had been a new task to consider proposed acts and measures from the gender equality perspective and issue opinions on them prior to their adoption by the Government. Also added had been the task of representing the Government in international and regional organizations. The role of the Office for Equal Opportunities had been further strengthened by the adoption of the Act on Equal Opportunities for Women and Men.

Turning to violence against women, she said that along with trafficking in women and children for sexual exploitation, that issue had received special attention in recent years. It had been discussed at national meetings, seminars and conferences, and campaigns for zero-tolerance of violence against women had been more effective than in the past. Measures had been taken to train educators in that respect. This year, a special commission to prevent violence in schools had been established under the auspices of the Ministry of Education, Science and Sports with the aim of developing a strategic document to address that area.

New legislation was being considered to address trafficking in human beings, she continued. The draft would incorporate the definition contained in the Protocol to the Convention against Transnational Organized Crime to prevent, suppress and punish trafficking in persons, especially women and children. In relation to prostitution, under the amendment to the Act on Breaches of Public Order and Peace, submitting oneself to prostitution was no longer defined as a misdemeanour, and prostitutes would not be punished by up to two months in prison anymore.

On education, she said that the main target of the curriculum reform was creation of equal educational opportunities for both sexes. In drafting the new curricula, a commission established for that purpose incorporated the topics relating to the differences between women and men in the subject area and drafted suitable recommendations for new textbooks and teaching materials. In Slovenia, women prevailed among teachers at primary and secondary schools. The proportion of female students at secondary schools and higher education institutions was higher than the share of men. Women also predominated among those who had completed master’s degrees, and the gender gap was nearly closed at the level of doctoral studies. Several measures had been implemented to ensure access to schools for rural children.

The adoption of the new Employment Relations Act this year was a major achievement in the area of employment, she said. It prohibited direct and indirect discrimination, placing the burden of proof in cases concerning gender discrimination on the employer and making the employer liable to the candidate or worker for damages. A new act on parental care and family income was seen as an important contribution to the efforts to facilitate combining parenthood and paid employment. A real innovation introduced by that act was an introduction of an individual, non-transferable right to paternity leave for fathers.

Regarding women’s health, she said that the new guidelines for preventive reproductive health programmes had been introduced in 2002. A cervical cancer-screening programme was now offered to women between the ages of 20 to 64. The country was observing an increase in the use of contraceptive pills, and a corresponding decrease in the use of intrauterine devices. The number of requests for female sterilization was increasing, but at the same time, a number of requests for male sterilizations had declined. There was also a decreased number of abortions. The country’s new legislation on infertility treatment and procedures for biomedically assisted procreation provided the right to fertilization procedures only to women who lived in wedlock or in an extra-marital partnership, but denied such a right to single women.


Expert’s Comments and Questions

As the Committee began its article-by-article consideration of Slovenia’s compliance with the Convention, many experts expressed concern at the dissolution of the parliamentary working group on gender-equality issues. Experts requested clarification on the matter, saying it was not clear whether that committee would be abolished or restructured. In any case, experts expressed disappointment with the discontinuation of the parliamentary working group, as its role in coordinating the work of the various government ministries on gender issues would create a vacuum in the Government’s national machinery.

Given the difficulties faced by Slovenia in the last decade, many experts noted significant progress in the country since the Committee’s last consideration of the situation of women there. Experts also praised the country for meeting its reporting obligations. At a time when Slovenia hoped to become a member of the European Union, experts noted that while many laws had been enacted to eliminate discrimination against women, creating de jure equality, in practical terms, discrimination remained a daily reality for Slovene women.

Committee Chairperson and expert from Turkey, AYSE FERIDE ACAR, thanked the delegation for the presentation of the report. The Committee appreciated the presence of Slovenia’s large delegation, which was a sign of the importance the Government attached to the Convention in Slovenia. She was particularly pleased to hear the “good news” regarding the Optional Protocol and the expectation that the ratification process would soon be completed. The Optional Protocol was an additional instrument to ensure effective implementation of the Convention’s provisions. The Committee was also pleased with the Government’s intention to adopt the amendment to article 20 of the Convention.

HANNA BEATE SCHÖPP-SCHILLING, expert from Germany, said she was impressed by Slovenia’s efforts in the last decade, particularly in light of the difficult transition period the country had faced. The Equal Opportunities Act and its provisions for special temporary measures were particularly intriguing. She was, however, concerned about the discrepancy between legal efforts and implementation. While she appreciated the difficulty Slovenia faced as it moved from a context where discrimination had not “officially” existed, to a time when new legislation had to be enacted, she wanted to see more impact.

On temporary measures, she asked what “economic operators” meant. Were temporary special measures to be adopted voluntarily, and if so, how would the Government encourage such measures? She also asked for clarification on plans to amend the Constitution. Would the constitutional amendment support the Act of Equal Opportunities? On the dissolution of the gender parliamentary working body, what mechanisms had been established in the parliament to monitor the implementation of gender-related laws? Was the number of staff in the Office for Equal Opportunities sufficient for a thorough job of gender proofing?

KRISZTINA MORVAI, expert from Hungary, said she was disappointed that it appeared that the Office for Equal Opportunities would soon be abolished. Had that already been decided? The new Act provided many new procedures for the Office of Equal Opportunities. How seriously could the Committee take the enforcement of the provisions of the new Act if, so soon after its adoption, the main body meant to enforce it would be “restructured” or abolished? Were there indicators on the impact of the Office’s work, and were there special structures for the Office’s cooperation with non-governmental organizations? She also asked if there were cases before the Courts concerning discrimination against women referring to the Convention.

MARIA REGINA TAVARES DA SILVA, expert from Portugal, said that, in most cases when countries presented two reports, they looked alike. Slovenia’s reports, however, looked very different, which was a good indication of progress. She saw a coherent, albeit slow, evolution in Slovenia. She appreciated the integrated and coherent approach presented in the reports.

Regarding national mechanisms, she echoed the disappointment of the other experts regarding the dissolution of the parliamentary committee. Given the careful steps for gender mainstreaming at all levels of Government, it would appear that the Office for Equal Opportunities, a very small office, had a very huge responsibility. How did such a small office cope with such responsibility? Did it have sufficient political power to carry out its role? That responsibility was further increased by the enactment of the Equal Opportunities Act, which required great amounts of coordination. She also expressed concern with the integration of the Office within a sectoral area, thereby, reducing its prominence and mission.

SALMA KHAN, expert from Bangladesh, asked about the proposed constitutional amendment and the plan to dissolve the parliamentary working body.

FRANÇOISE GASPARD, expert from France, noted a certain imbalance between the second and third reports. Looking at the evolution of the situation of women in Slovenia, it appeared that there had been a brilliant period of time, in which Slovenia had adopted a series of positive laws. Currently, however, that trend seemed to have ended. At a time when Slovenia hoped to become a member of the European Union, and given the fact that most European Union States had parliamentary committees, it was a pity that the question of women had been marginalized. The Equal Opportunity Office, despite its weakness in terms of resources, seemed to have played an important role. It would be a pity if a restructuring exercise removed its autonomy.

She also questioned the role of the media in eliminating stereotypes. Was the media aware of the role it played in improving the image of women in society? There seemed to be a slowing down in efforts to eliminate stereotypes.

DUBRAVKA ŠIMONOVIC, expert from Croatia, said it seemed that, while Slovenia had achieved de jure equality in terms of the adoption of laws in compliance with the Convention, de facto discrimination persisted, particularly regarding women in political life. When the Committee had last examined the situation in Slovenia, it had recommended the establishment of an ombudsperson for gender equality. Why had Slovenia decided to appoint an advocate, rather than an ombudsperson for women’s issues?

FATIMA KWAKU, expert from Nigeria, asked if the office of the human rights ombudsperson still existed, or if it had been taken over by the special advocate for equal opportunities. Had there been domestic cases in which the Convention had been cited in the courts? Were private sector organizations aware of temporary special measures available to them? She also expressed concern about the breakdown of the marriage institution, in particular the fact that one third of children were born out of wedlock. Were there laws to protect the rights of those children? Did unmarried couples have protection under the law?

PRAMILA PATTEN, expert from Mauritius, asked if the Equal Opportunities Act would be amended before or after the restructuring of the national machinery. On the role of the special advocate, had that person been appointed?

VICTORIA POPESCU SANDRU, expert from Romania, expressed appreciation for the delegation’s frank description of the problems facing women in Slovenia. The country had passed through transition and experienced various difficulties, and, while much had been done in the de jure dimension in the fight against discrimination, much still remained at the level of intention.

She expressed concern about the decision to appoint a government official as special advocate. If that happened, the special advocate would lack the independent character required for such a position. The appointment of an independent person would have been a breakthrough for Central and Eastern European countries.

She was also concerned with the multiple forms of discrimination facing minority women, specifically Roma women. The Roma, which comprised some 1.17 per cent of the population, was comparable to the Italian population in Slovenia. While the Italian population was considered a minority under the constitution, that status was not afforded to the Roma population. She was afraid that Roma women could suffer multiple forms of discrimination, especially in the areas of education and employment.

CORNELIS FLINTERMAN, expert from the Netherlands, agreed that Slovenia’s anticipated ratification of the Optional Protocol was good news. Regarding the special advocate, it seemed that person might only make recommendations. Was it possible for the special advocate to bring his recommendations to an independent court of law? He also shared the concern about the high percentage of children born out of wedlock -- more than 6,000 children each year. What happened to the fathers of those children? What were their financial responsibilities, and what actions would the Government take on that issue?

HUGUETTE BOKPE GNANCADJA, expert from Benin, expressed concern with certain legislative gaps, including a lack of legislation for domestic legislation. Without specific legislation, women would have no recourse to the Penal Code. The provisions of the law on violence were vague and insufficient. She asked the Government to consider shortcomings in the law when considering the formulation of laws.

HEISOO SHIN, expert from the Republic of Korea, said there was a contradiction between the Government’s commitment to abide by the Convention and the upcoming “shrinking” of the national machinery. She hoped the Government would use today’s dialogue in persuading the Government to keep and strengthen the mechanism. Noting a lack of data disaggregated by sex on violence against women, she said the Committee required more in-depth statistics on violence against women, including domestic violence and trafficking.

Addressing the issue of the Government’s relationships with non-governmental organizations, both in terms of report writing and everyday relations, she said the Committee encouraged participation with civil society so that women could learn about their human rights under the Convention. Although the Committee encouraged vibrant civil-society activities in furthering gender equality, that did not mean that the Government could relegate its job to non-governmental organizations. The Government had the primary responsibility for ensuring compliance with the Convention.

ROSARIO MANALO, expert from the Philippines, said that any European State wishing to become a member of the European Union must be a participatory democratic State. The elimination of the parliamentary working body on gender equality was a regression. That step could be a black mark in efforts to be a European Union member. Did the Government have a plan for accessing the many benefits available to it as a European Union State?


Country Response

Members of Slovenia’s delegation then responded to experts’ questions, which, they said, were an important tool in formulating the country’s policies and programmes.

The delegation consisted of Ms. Umek; Ms. Salecl; Mihaela Logar, State Under-Secretary, Ministry of Agriculture, Forestry and Food; Irena Kirar Fazarinc, National Coordinator for Women’s Reproductive Preventive Programmes and WHO National Coordinator for Women’s Health, Institute for Public Health; and Violeta Neubauer, Coordinator for International Cooperation, Governmental Office for Equal Opportunities. Also participating in the work of the Committee were Slovenia’s Permanent Representative to the United Nations Roman Kirn, and Eva Tomic and Andrej Medica from the country’s Mission.

In response to the experts’ concern about discrepancies between the legal provisions promulgated in Slovenia and their implementation, VIOLETA NEUBAUER said that the Government was very aware of the situation. However, translation of legal norms into practice was a slow step-by-step process, which often required more significant support than adoption of the legislation. More efficient working methods and cooperation among various players were needed.

While the Office for Gender Equality had the task of considering proposed acts and measures from the gender perspective and issuing its opinions prior to action by the Government, the future situation of the Office was not clear, as a reorganization of government structures was now under way. Among the options being considered was a proposal to place the Office under the structure of the Ministry of Labour, Family and Social Affairs. That might affect its mandate and powers to influence the policy development process and exert proper impact on decision-making.

She said that in carrying out its duties, the Gender Equality Office was often confronted with a situation when it received certain government proposals “at the last minute”. Representatives of the Office monitored all the government procedures, however, and several times it had been quite effective in countering certain initiatives. The opinions of the Office needed to be translated into political language to persuade Ministers, and very concrete information on the Government’s priorities and goals was needed. In some cases, the Office lacked the tools it needed in that respect. While the formal position of the Office was quite high, its human resource limitations remained a serious problem.

The results of the work of Ministry coordinators for equal opportunities had been very satisfying so far, she said. A survey had been prepared on all the research work ordered by various Ministries, and the gender perspective was being integrated into its analysis. The Office had created a good database in that regard, which would be used to draft its proposals in the future. It was also collaborating with non-governmental organizations that had been invited to provide their opinions regarding the role and functioning of Government gender equality structures, among other things.

Regarding non-governmental organizations’ participation in the preparation of the country’s reports, members of the delegation explained that some 50 civil society organizations had been invited to present their contributions to the country’s second report. The Government had offered to translate their communications and submit them as an appendix to the national report. Unfortunately, very few organizations and women’s groups had replied, which meant that the attempt to include their contributions remained unrealized. In drafting the third report, it had been decided to simplify the procedure. In the future, the Office was planning to increase its contacts with non-governmental organizations.

Not a single case had been submitted to Slovenia’s courts in connection with gender discrimination, she continued. In that connection, the Ministry of Justice had presented its opinion that because concrete legal norms had been developed only recently, more men and women would take advantage of them in the future. The population needed to be made aware of the new legislation relating to equal opportunities and to receive advice on possible approaches to ensure their rights. The Office had recently published a brochure on that matter. An anonymous telephone number had been introduced in Slovenia some five years ago, which had received a significant number of inquiries regarding gender discrimination and human rights.

When drafting an Equal Opportunities Act, the Office had envisioned setting up a position of ombudsman on gender equality to ensure an independent complaint procedure. Currently, there was a parliamentary ombudsman on human rights, who was not in favour of having one of his deputies handle gender issues, and the Government did not want to establish a second ombudsman post. Instead, a decision was made to appoint an advocate for gender equality, and the legal expert within her Office was already receiving complaints from citizens. Those who wanted to submit complaints to the courts, however, needed to follow the established legal procedures.

Regarding the high number of children born out of wedlock, she said that Slovenia gave absolutely equal rights to such children. Single parents also had the same rights as married couples.

She also mentioned that the country was observing more awareness on behalf of the media regarding the role it needed to play in promoting the advancement of women and overcoming gender stereotypes.

Women belonging to certain minorities and ethnic groups did, indeed, face discrimination, she said, despite the fact that they enjoyed the same constitutional protection. Regarding the situation of the Roma people, she said they were defined as a minority, along with several other ethnic groups. Several months ago, the Government had launched a project aimed at strengthening the understanding of gender equality by Roma women through a series of seminars. Other activities were also planned in the future.

Regarding the “lightness” of the country’s Penal Code in relation to violence against women, she said that by themselves, the penalties could not properly eliminate the acts in violation of human rights. It was important to undertake preventive measures, as well.

Slovenia was participating in regional efforts to counter the trafficking in women. In view of the country’s anticipated joining of the European Union, it also needed to incorporate anti-trafficking measures into its legislation. There was a strong commitment by the Government to fight against that crime, and she believed that amendments to the Penal Code regarding trafficking in women and children would be adopted very soon. Three weeks ago, a non-governmental organization dealing with women victims of trafficking had started preparations for opening a safe house for female victims of trafficking. Proper training had been provided to the personnel involved in that project.


Experts’ Questions

Ms. ŠIMONOVIC, expert from Croatia, noted that while the number of women had increased in the judiciary, the number of women in national parliaments and the Government had decreased. In that regard, she asked for more information on women’s participation in political and governing bodies.

Ms. MORVAI, expert from Hungary, said she had the impression that the Office for Equal Opportunities was not an integral part of the Government. The State, not the Office, was responsible for enforcing the Convention. Did the Office for Equal Opportunities have new responsibilities since its name had changed? There was a tendency for Central and Eastern European States to focus too much on European Union obligations. The Convention’s scope was at least as big as the Union’s directives. The Convention should not be seen as “second class” among international obligations.

Ms. GASPARD, expert from France, asked about Slovenia’s National Council including whether there had been discussion on the low participation of women in that Council.

Ms. POPESCU SANDRU, expert from Romania, noted that political parties were supposed to adopt action plans. Was the Government using quotas for enhancing political representation? How did the public view quotas or other temporary special measures to enhance women’s empowerment?

MERIEM BELMIHOUB-ZERDANI, expert from Algeria, asked about the place of the Convention within the Slovene legal system. If the Constitution was the only depository for human rights, what was the position of the Convention within the pyramid of Slovenia’s legal texts? Was the Convention above the Constitution? Regarding political parties, did parties receive State subsidies? Did all parties receive the same subsidies, or were subsidies based on election results? She suggested imposing fines on parties that did not make efforts to achieve parity both in terms of representation and efforts to help women reach positions of power in the legislative branch.

FUMIKO SAIGA, expert from Japan, asked if any political parties had submitted action plans since the enactment of the Equal Opportunities Law. She also questioned why a proposed amendment to the constitution had not yet been discussed. What was the status of the draft amendment?

Ms. TAVARES DA SILVA, expert from Portugal, asked about Slovenia’s electoral law and the rationale for restructuring of the Office for Equal Opportunities.


Country Response

Responding to the comment that the Office for Equal Opportunities did not produce an impression of a government entity, Ms. NEUBAUER said that most of the country’s gender-equality structures had been established in response to demands of civil society, including women’s associations. Thus, on the one hand, they had to be accountable to the Government and on the other -– to civil society. Women in Slovenia were very active in gender-equality matters, and it would be a logical solution to raise the status of the Office to the ministerial level during the ongoing government reform. Actually, that was one of the options under consideration. Or, like in 1992 when it was first established, the Office could become subordinate to the Office of the Prime Minister. Recent renaming of the Office did not mean that it had expanded its duties and scope of expertise.

A low percentage of women, elected to the National Council following the most recent elections, had been discussed in Slovenia, she continued. At the same time, underrepresentation of women was one of the matters that were “constantly discussed” in the country. Quotas were not very popular in Slovenia, and a while ago, the Office had been even afraid to mention them, as quotas had been widely used under the old system. It was difficult to make the people love the principle of gender equality, and it was true that in some cases, legal provisions establishing a mandatory number of women to be elected could act as a sort of “stick” to promote women’s participation.

Regarding a proposed amendment to the Constitution that would authorize positive temporary measures for the advancement of women, she said that it was part of a broader constitutional reform. Currently, more than 20 constitutional amendments were being considered by the Parliament. The country’s Constitution was a young one, and proper discussion was needed to decide which changes were to be adopted. To pass, constitutional amendments required not a simple, but a two-thirds majority of votes. So far, only those amendments that were needed to join the European Union had been adopted. The amendment in question enjoyed significant support, and the President of the Parliament had promised that it would be included on the Parliament’s agenda in September.


Experts’ Comments and Questions

Ms. KHAN, expert from Bangladesh, said she was impressed that compared to other countries, Slovene women were well represented in the public sector, including in senior administrative positions. At the same time, however, she was disappointed that few women held senior public sector decision-making positions. Why were women not well represented in higher decision-making positions? Noting a trend in the labour market to recruit younger workers on a short-term basis, she asked how Slovenia was making use of the Employment Relations Act to help older women find employment.

Regarding older women in rural areas, Ms. SCHÖPP-SCHILLING, expert from Germany, said it seemed that many older women in rural areas lived on small subsistence farms and had no access to health care or insurance. In that regard, she asked for more detailed information on older women in general.

Ms. MORVAI, expert from Hungary, congratulated Slovenia for its women’s representation in education. However, women continued to focus on traditional areas of study. Regarding women in the labour market, she asked if women were provided with legal aid in employment issues. On women’s health, she noted high maternal mortality rates. While abortion rates were increasing, the number was still very high.

Ms. KWAKU, expert from Nigeria, also noted alarming maternal mortality rates. In that regard, she requested that the next report contain more information on the issue.

Ms. GASPARD, expert from France, noted that the third report had not provided updated statistics on women in higher education as leaders and head teachers at the university level. How had the situation developed? She also asked whether rural women were provided with training opportunities.

Ms. PATTEN, expert from Mauritius, asked what efforts the Government was taking to raise awareness among women of the Equal Opportunities Act. Which ministry was responsible for organizing such campaigns, if they existed? Noting a pay gap of some 28 per cent between men and women, apart from the new legislation, what other measures were being taken to eliminate those gaps?


Country Response

Responding to this round of questions, Ms. NEUBAUER said that the main barriers in the area of education derived from traditional patterns for boys and girls’ education. Those stereotypes needed to be challenged, and the Government intended to work with all the actors involved to develop proper action plans and, if possible, use positive measures to address the situation.

Some 8.3 per cent of working women and some 5 per cent of men were employed in part-time jobs, she said. Persons working in such positions were entitled to the same benefits as full-time workers. The country had a special programme subsidizing employment in the areas of providing personal assistance and caring for disabled people. Participating in the programme were unemployed people who were considered to be difficult to employ. As part of the country’s educational reform, boys and girls were informed about education opportunities after they finished their secondary education. Girls were encouraged to enter traditionally male areas of study, and vice versa –- boys were encouraged to take up traditionally female professions.

She added that efforts were being made to create harassment-free workplaces and publicize the responsibilities of employers in that respect. Commissions on equal opportunities had been created at some trade unions. The Government was trying to eliminate illiteracy and make people familiar with their rights. Most awareness raising campaigns were exercised by the Equal Opportunity Office. Because of its limited budget, however, in some cases, the Office shared the responsibility with other Government agencies involved. The Labour Inspectorate monitored the implementation of work-related legislation. In cases of non-compliance, violations could be addressed to labour courts. A special programme was in effect to provide support for women entrepreneurs. It had established a huge network of advisers, mostly successful women involved in business.

MIHAELA LOGAR, State Under-Secretary, Ministry of Agriculture, Forestry and Food, said that elderly rural women received pensions under State legislation. Farmers were covered by the same health and pension systems as urban workers. If their income was not sufficient to provide for a pension, older rural women received a small State pension, which was part of the social security system.

IRENA KIRAR FAZARINC, National Coordinator for Women’s Reproductive Preventive Programmes and WHO National Coordinator for Women’s Health, Institute for Public Health, said the increasing mortality rate after 1996 could be explained by the fact that the methods of data collection had been changed to bring them in line with European standards. Each woman in Slovenia had a right to pre-natal care, and those who refused it were a source of concern. Each case of maternal mortality was carefully analysed.

Regarding the number of abortions, she said that in the light of low fertility rates, it was quite high when compared with the number of births. The number seemed much lower when compared with the number of women of childbearing age. The abortion rate was also rather high among women over 30. Among teenagers, the number of abortions was low, however -- only 1 per 1000 in younger teens, and 8 in 1000 in older adolescents. That success was the result of a strong preventive programme and contraceptive counselling, as well as free access to contraceptives.

To a further question, she said that since 1950, the country had used a World Health Organization definition of maternal mortality, which included not only complications of birth, but also such causes of death as car accidents, suicides and so on.

Ms. NEUBAUER added that if a woman was discriminated against during pregnancy, she could complain to the employer, who was obliged to provide her with a written response within eight days. If she was not satisfied with the answer, she could submit a complaint to the Labour Inspectorate. In 30 days, she could also file a case with a labour court, which could redress the violation. So far, no complaints had been filed under the new labour legislation, which had only entered into force in January.

Experts’ Comments and Questions

Mr. FLINTERMAN, expert from the Netherlands, asked about Slovenia’s alimony scheme. Regarding the growing number of children born out of wedlock, women headed some 90 per cent of single-parent families. When a father did not recognize his child, what did the Government do to assist mothers who did not receive alimony?

Ms. GNANCADJA, expert from Benin, asked for information on the new law on marriage and family relations. Were the rights of each parent equal upon the dissolution of marriage? Was non-payment of alimony now considered an offence? Half of the rural population were women, with women owning some 20 per cent of the land. What were rural women entitled to in cases of divorce or death?

Ms. MORVAI, expert from Hungary, asked if there had been quantitative and qualitative research on the issue of domestic violence. Was there a comprehensive strategy to prevent and respond to violence? Were there clear protocols by central Government agencies for those involved in the prevention of violence, namely the police and health-care workers? Clear guidelines were crucial for the prevention of violence. As most shelters were run by non-governmental organizations, did they receive sufficient financing?


Country Response

Ms. NEUBAUER said that so far, Slovenia had not implemented any research on family violence. Had it done so, the country’s policy in respect of that phenomenon would have been better developed. Efforts were now being made to assess existing practices and introduce proper measures within the framework of the draft national programme against violence. Maternal homes, safe houses, crisis centres and shelters were part of the country’s network designed to help victims of violence. The Ministry for Family, Labour and Social Affairs had allocated some $1 million to run those shelters.

Regarding the country’s family laws, she said that recent discrimination concerning same-sex partnerships would be addressed by a newly drafted bill. If adopted, it was expected that such same-sex partners would be allowed to register and enjoy the same rights as married couples. There were no guarantees that the bill would be passed, however.

On divorce proceedings, she said that all the property acquired during marriage was to be equally divided.


Concluding Remarks

Committee Chairperson, Ms. ACAR, expert from Turkey, congratulated the delegation on its frank and informative presentation and stressed that the Committee looked forward to speedy ratification of the Optional Protocol and amendment to article 20 of the Convention. While the Committee appreciated the country’s willingness to cooperate with non-governmental organizations, it also stressed the need for sustained collaboration with them in the preparation of Slovenia’s next report. Women’s situation in societies in transition was often precarious, but she expected to see concrete positive changes in the situation of women in Slovenia’s next report.

The Government’s actions to implement the Convention had demonstrated its good will, she continued. In particular, the Committee noted the Government’s adoption of the Act on Equal Opportunities for Men and Women. As pleasing as it was to see so many women represented within the education system, she was concerned over the continued problem of translating the country’s legislation into women’s increased presence in positions of power and in elected posts. As women were more educated than men, their low representation was a manifestation of discrimination. She was impressed by the delegation’s candid acknowledgement of related problems and by the fact that the Government had been able to identify the reason for those difficulties.

Many concerns had been raised regarding the future of the Office for Equal Opportunities, and every effort must be made to ensure that the new structure does not result in marginalization of the country’s gender equality machinery. She added that there was also concern about the situation of minority women and inequalities in the labour market. The Committee also wanted to receive additional information of the situation of older women. It was rather unusual for a country with a developed legal system not to have adequate legislation on violence against women.

The experts had also observed many efforts to eliminate discrimination against women, she pointed out. Acknowledging the Government’s commitment to the Convention, they had detected a priority need to bring the country’s legislation in line with the procedures of the European Union. In that connection, she stressed the binding nature of such a wide-scope instrument as the Convention on the Elimination of all Forms of Discrimination against Women.




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