PEACE AND STABILITY ENABLE CROATIA TO FOCUS ON SOCIAL DEVELOPMENT, HUMAN RIGHTS, WOMEN'S ANTI-DISCRIMINATION COMMITTEE TOLD

WOM/1007
21 January 1998

Country Delegation Introduces Initial Report On Compliance with Anti-Discrimination Convention

Croatia had finally achieved a level of peace and stability which enabled it to channel its activities
towards social development and the promotion and protection of human rights, a representative of
that country said this morning. She was addressing the Committee on the Elimination of
Discrimination against Women as it began its consideration of Croatia's report on its implementation
of the Convention on the Elimination of All Forms of Discrimination against Women.

The current time of transition was conducive to the achievement of full and real gender equality,
Croatia's Deputy Minister of Labour and Social Welfare, Vera Babic, said as she introduced
Croatia's report. Realizing the goal of gender equality meant raising social awareness in those areas
which were still considered to be traditionally "male". To that end, the Government had created a
special National Commission for Equality to mainstream gender equality and review legislation
concerning the status of women.

Also addressing the Committee were Lidija Karajkovic, Assistant Minister of Justice; Stefanija
Bortek-Knesaurek, Director of the State Institute for the Protection of the Family, Motherhood
and Youth; Dubravka Simonovic, Adviser for Human Rights to the Ministry of Foreign Affairs; and
Mila Hrabric, Head of Department at the Ministry of Health.

Issues addressed by the country's delegation include impact of the revised penal code in decreasing
the rate of violence against women, improved legislation which raised the status of women to an
equal level with men, the relationship between the legislature and the National Commission, and
Croatia's comprehensive healthcare system.

Commenting on the oral presentation, Committee members welcomed the high level of the Croatian
delegation. Such a high-powered delegation was considered an indicator of the Government's
commitment to improving the situation of women there. Several experts welcomed the
incorporation of the Women's Anti-Discrimination Committee Convention into national legislation,
with a higher status than domestic laws. One expert, however, expressed the hope that the people
of Croatia were actually benefiting from the standards enshrined in the international laws.

Expressing concern about the composition of the National Commission, one expert asked whether
it comprised only government representatives. How did it relate to civil society and reflect its
concerns? Information was requested regarding achievements in the promotion of gender equality
and the abolition of stereotypes.

The Committee will meet again at 3 p.m. today to continue its consideration of Croatia's report.

Committee Work Programme

The Committee on the Elimination of Discrimination against Women met this morning to consider
Croatia's compliance with the Convention on the Elimination of All Forms of Discrimination against
Women. It had before it Croatia's initial report (document CEDAW/C/CRO/1 of 15 February
1995) outlining its position on women's rights and drawing attention to women's decreased ability
to exercise those rights in the aftermath of the war. Croatia became a party to the Convention on 8
October 1991, the day it severed all constitutional and legal connections with the Socialist Federal
Republic of Yugoslavia.

The report states that although Croatia's health-care law embodies the principle of
comprehensiveness, continuity and accessibility, not everyone is able to exercise those rights in the
same way. The health-care situation has deteriorated most severely in the United Nations Protected
Areas, or temporarily occupied territories of Croatia, and near the front- line, where the medical
infrastructure has been widely and intentionally damaged or destroyed. The mass migration of
refugees and displaced persons has further eroded the health-care system, as the number of
refugees and displaced persons in relation to the native population has reached a world record.

The aggression against Croatia and the destruction of its agricultural estates have further aggravated
the situation of rural women, according to the report. Farmers and their families comprise half of all
displaced persons, since the area hardest hit by the war has been the most agricultural region of the
country, East Slavonia. Even with many men taking an active part in the war and leaving much of
the agricultural work to women, the traditional division of labour persists. The rural woman bears
such burdens with no opportunity to further her education or her professional training. Unlike in the
neighbouring countries of Austria and Italy, there is no rural women's committee. Although a
provision exists for its establishment, there are no funds to implement it. As a newly established
country, Croatia has not yet established government structures specialized in the promotion and
protection of women, the report states. Rather, each ministry carries out this protection within its
scope of activity. However, present legislation is based on the principle of equality between men
and women at all levels of social life, and is in full compliance with the provisions of the Convention.
In order to create the conditions for implementing the Convention, Croatia adopted laws prohibiting
discrimination against women. The Supreme Court also ensures uniform application of laws and the
equality of citizens. In addition, Croatia's Constitution provides for special financial and legal
protection of women and their rights in connection with childbirth, maternity and child care. Indeed,
few countries are able to boast such high standards protecting women at work, their health and
their maternity.

Despite such protection, the war years from 1991 to 1992 showed a marked decline in fertility and
birth rates, the report states. Although available data indicates that the number of legal abortions
has been declining for several years, the total number of terminations is at nearly the same level as
the number of live-born children, owing to a reduced number of births. From 1979 to 1992, the
registered number of miscarriages tripled, and other terminations relating to pathological conditions
increased significantly.

The report devotes considerable attention to the protection of maternity, which is one of the basic
principles of Croatia's Constitution. An obligatory maternity leave of 180 uninterrupted days during
pregnancy, delivery and child care is mandated by law. So is the temporary transfer of a Croatian
woman to a more suitable job if she is performing a job that the law states she should not perform
during pregnancy and lactation. Those jobs include diving, fire-fighting, jobs performed at great
heights, and jobs involving exposure to potentially harmful agents.

In addition, a pregnant worker or woman with a child younger than two years must not work
overtime or at night, the report states. Maternity leave and part-time work are treated as full-time
work and included in the years of service for pension insurance. Following an authorized maternity
leave, the mother has the right not to work until the child is three years old. During such leave, her
rights and duties acquired at work and on the basis of work are frozen.

In order to further protect women during pregnancy and childbirth, and indirectly protect the life
and psychic health of the child, a husband cannot file for divorce during the pregnancy or until their
child becomes one year old, unless the woman requests it, according to the report. Concerning
marriage, an important civil rights change linked to a change in traditional social customs has
occurred. While it used to be that minor- age women entering a marriage were put in an inferior
position, the law now stipulates that a person must be at least 18 years old to marry. The law also
stipulates that marriage is based on the equality of rights, mutual respect and assistance.

In the event of a divorce, both parents are responsible for raising the child, and both can be
awarded custody, although mothers are given custody in most cases, the report states. If one
parent is granted custody, then the other parent must contribute to the child's support. The division
of marital property is based on each spouse's contribution to its acquisition, with attention also paid
to the help of one spouse to another, work in household and family, and care of children.

With respect to contraception, the report states that Croatian women have the right to use means
for "temporary" prevention of conception, as well as the right to choose those means. At the
request of the pregnant woman, abortion is permitted up to 10 weeks after conception. Consent by
parents or legal guardians and the Guardianship Authority is required if the request is made by a
person under 16. After 10 weeks, a pregnancy can be terminated if the following medical
conclusions are reached: it is the only way to save a woman's life or prevent damaging her health;
the child will be born with severe inherent physical or mental handicaps; or the pregnancy is the
result of rape.

The report details provisions of criminal law concerning cases where women are the objects of
sexual crimes, including rape. Legislation also addresses the criminal act of procurement of women
and exploitation of prostitution of women. While prostitution itself is not a criminal act, anyone who
allows prostitution on their premises or enables or promotes prostitution in any other way is liable
to punishment. Furthermore, a person is considered guilty of a war crime and imprisoned for up to
25 years if he or she forces civilians to prostitution during war, armed conflict or occupation.
Criminal laws also exist regarding enslavement and transport in slaves, including trade in "white
slaves".

The report states that although the number of women in management positions and public office at
all levels of government is small in comparison to men, it is slowly increasing. In order to create
conditions for women's active participation in the country's policy-making, they are guaranteed the
same possibilities as men in political, social, cultural and economic life, as well as in education. They
have the right to vote and also to be elected. The percentage of women in local government is
insignificant, although there are no restrictions against women in government at any level. There is
presently one woman in national Government -- namely the Minister for Culture and Education --
and Croatia has one woman ambassador. There is a greater share of women in the judiciary. While
no special measures have been taken to correct any lack of equality in practice, the Government
and Parliament have taken measures to encourage women, through national bodies and
nongovernmental organizations, to use their legal rights.

Regarding education, the report states that all children must attend school for at least eight years,
from the age of 6 until the age of 15. The Constitution considers the child's interests to be
paramount, and mandates equal rights in the educational sphere. All classes at all educational levels
are mixed, both in rural and urban schools, except for physical education. Curriculum and
textbooks are the same for all pupils. Nevertheless, the traditional role of the woman is still stressed
in other books for children and youth.

Although both women and men have equal rights to social welfare services, women are in a more
favourable position than men to exercise some of those rights, the report states. A self-supporting
unemployed mother is entitled to placement in a social welfare institution during pregnancy and after
childbirth for a certain period of time if she has no other housing. The right to permanent financial
support also favours women who are deemed unable to work after the age of 60, while men must
be 65. In the implementation of all other social welfare rights, women are equal with men. The right
to bank loans, mortgages and other forms of financial credit are exercised equally by all, regardless
of sex or marital status.

Introduction of Report

VERA BABIC, Deputy Minister of Labour and Social Welfare of Croatia and Vice-President of
the Government Commission for Equality, said that although she was presenting her country's initial
report, a Croatian delegation had met with the Committee in January 1995 to present a special
report devoted to the problems of women in the war. Since it had been more than three years since
the preparation of the initial report, further measures aimed at safeguarding the rights of women in
Croatia had been initiated.

Since 1994, new laws regulating important areas concerning the status of women and the exercise
of their rights had been adopted, she said. In addition to legislation, Croatia had channelled its
activities over the past few years towards promoting gender equality in practice. Those activities
encompassed cooperation with non-governmental organizations (NGOs), the establishment of a
national mechanism for promoting equality, and the establishment of specific measures to empower
women in society and ensure practical implementation of the relevant legislative framework.

Owing to the extraordinary circumstances prevailing in Croatia when the initial report was
submitted, the advancement of women was not then a priority, she said. The establishment of peace
created the conditions for a functioning civil society and for the organization of women in areas
where they had been insufficiently and disproportionately represented. "Peace is essential for
equality", she said. It was only in peace and through the development of democracy that women
could achieve advancement in all areas. The country had finally achieved a level of peace, stability
and security, enabling it to channel its activities towards social development and the promotion and
protection of human rights.

"This time of transition was conducive to changes in the struggle to attain full and real gender
equality", she said. All the actors in society had to take an active part in raising the social awareness
of equality in those areas of social life which had been and were still considered to be traditionally
"male". That was why the Government had channelled its efforts towards advancing equality,
especially by cooperating with NGOs dealing with the advancement of women. There were now
more than 30 such organizations in Croatia. Their important role in the democratization of society
and their impact on the general public was growing, as evidenced by the raised consciousness of
women.

The Croatian Government had developed an institutional mechanism for mainstreaming gender
equality, she said. Following the Fourth World Conference on Women, a conclusion was adopted
in February 1996 obliging Croatia's ministries and administrative bodies to propose a programme
of action for the implementation of the Action Platform which emerged from that Conference. It
also delegated the Ministry of Labour and Social Welfare to act as the umbrella body coordinating
all activities in the country relating to the programme's implementation, the advancement of women,
cooperation with other States and NGOs, and the preparation of a proposal aimed at full gender
equality.

On 9 May 1996, the Commission of the Government of the Republic of Croatia for Equality was
established, she said. It adopted the position that the empowerment of women strengthened society
as a whole. It gave a new, important perspective to the creation of national policies dealing with
social issues, in which the feminine perspective and potential contributed to a comprehensive insight
into the issues and their efficient solution. Through the Commission, the Government became aware
that it lacked a comprehensive policy to mainstream the gender perspective in society. The
Commission next drew up the National Policy for the Promotion of Equality, based on the Beijing
Platform for Action. The National Policy was adopted by the Government on 18 December 1997.

LIDIJA KARAJKOVIC, Assistant Minister of Justice, said the judicial system in Croatia offered
equal protection of human rights and freedoms to both women and men. Judicial power was
independent, and the Supreme Court addressed the implementation of laws safeguarding the
equality of all citizens. Human rights and gender equality had become institutionalized as a legal
category. In addition to women's right to court proceedings, certain laws protected their special
needs and safeguarded their sexual and physical integrity. The changed Criminal Act of 1997
provided recourse to acts against one's dignity, personality and morality. Further progress in the
judicial system was reflected in the new legislation and the new penal code enacted on 1 January
1998.

Since 1996, the number of cases brought before the court concerning violence against women had
increased significantly, she said. For example, in the area of criminal acts against life and limb, there
was an 11 per cent rise in the cases brought by women, who accounted for 20 per cent of the
victims. Concerning violent behaviour against women, the charges brought by women had risen
more than 100 per cent. There were also increases in the number of charges brought by women
concerning sexual harassment and light injuries inflicted upon them.

While there was a downward trend in the procurement of prostitution, the number of criminal acts
involving physical or sexual violence was on the rise, she said. At the same time, the number of
criminal acts not involving sexuality or gender had decreased. Overall, the principal aim of the
revised penal code was a decreased rate of violence against women. New legislation took into
account the issue of non-discrimination, as well as the modern trends and policy of equality.

Criminal acts against one's dignity, personality and morality were now classified as acts against
sexual freedom and morality, and separate treatment of women and men had been abandoned, she
said. Now, both could appear either as victims or perpetrators. The greatest judicial progress
relating to women's rights was in the area of rape. Marriage was no longer an acceptable alibi for
violence, and rape in marriage was now addressed. Also for the first time, the penal laws provided
for international prosecution for the transfer of prostitution into another State.

Despite impressions, the representation of women in the judicial system was significant, she said. In
1994, women accounted for 55 per cent of the judges. In 1997, that figure increased to 61 per
cent of judges in municipal courts. Women presently served as presidents of judicial panels, and
although there were still no women judges on the Constitutional Court, there were a number of
women judges on the Supreme Court.

STEFANIJA BORTEK-KNESAUREK, Director of the State Institute for the Protection of the
Family, Motherhood and Youth, said that Croatia's Constitution placed the family under special
protection. Its provisions raised women to an equal level with men, taking into account the special
reproductive role of women in society. The special biological function of mothers gave women
special rights, putting them in better situation than men. Those measures were not discriminatory.
Rather, they were necessary in order to improve women's conditions and put them on equal footing
with men in all areas of life, especially employment.

While legislation protected women's reproductive function, the rights of men were also recognized,
she said. Indeed, the responsibility of parents was jointly shared by men and women, even in the
case of divorce or separation. The protection of motherhood was regulated by legislation in the
area of employment. A new labour law extended maternity protection to self-employed and
unemployed mothers. Moreover, under the new labour laws, employed women gained additional
rights connected to pregnancy and maternity. An employer could not refuse to hire a pregnant
woman, terminate her, or move her to another post unless she was engaged in work not permitted
by law. Also significant were the laws safeguarding the parental care of handicapped children.

MILA HRABRIC, Head of Department at the Ministry of Health and member of the Commission
of Equality, said that women were entitled to comprehensive health care, as well as to special
consideration concerning family planning, pregnancy, childbirth and motherhood. There had only
been minor changes and amendments to the health care law since the preparation of Croatia's initial
report. She provided the details of various improved provisions, including a new method of
calculating compensation for women on leave from their jobs, especially for maternity leave.

For the first time since 1991, the birth rate was on the rise, she said. In 1996, infant mortality fell to
the lowest recorded level ever, at one case per each 100,000 newborns. She outlined the most
common causes of hospitalization of women, which involved circulatory diseases and reproductive
complications. The leading causes of mortality among women were circulatory and malignant
neoplasms, including breast, stomach and lung cancers.

DUBRAVKA SIMONOVIC, Special Adviser for Human Rights to the Minister for Foreign
Affairs and member of the Commission for Equality, outlined measures undertaken by the Croatian
Government to implement the Convention and the Beijing Plan of Action. She drew attention to the
Commission's work, especially to its preparation of the National Policy of Equality. In addition to
implementing the National Policy, the Commission was mandated to carry out certain measures on
its own. Such new activities included the organization of panel discussions on women in social life, a
research project on women victims of the war, and various NGO projects aimed at assisting
women refugees and displaced persons.

With legislative reform under way, the Commission on Equality was responsible for reviewing all
bills which could influence the status of women, she said. Such measures were aimed at fuller
implementation of articles 1 and 2 of the Convention, which provide for the elimination of
discrimination.

General Comments

The Chairperson of the Committee, SALMA KHAN, welcomed the high level of the Croatian
delegation, comprising seven women with specialization in a range of fields, including employment,
human rights and law. Such a highpowered delegation showed Croatia's level of commitment to
improving the situation of women in the country. While the Committee welcomed the detailed data
presented in the report and in the oral presentations, the reporting guidelines had not been closely
followed.

All other experts echoed the Chairperson's congratulations to the Croatian delegation and
welcomed the fact that the Government had incorporated the Convention into national laws. One
expert expressed the hope that the people of Croatia were actually benefiting from the standards
enshrined in the international laws. She also congratulated Croatia for ratifying the Convention
without reservations. Other experts welcomed the updated information and the detailed statistics
provided in the oral presentations and praised the delegation for a comprehensive initial report.
Another expert welcomed the Government's cooperation with civil society and the impressive
reports prepared by NGOs.

One expert noted the reference in the report to the fact that women did not take advantage of all
their rights, and asked why that situation had developed. It appeared that with the prevalence of
patriarchal attitudes, de facto equality had not kept pace with de jure equality. She also asked
whether there were media campaigns or State programmes and policies addressing the issue of
changing traditional values with respect to the role of women. The existing policies on maternity
appeared to strengthen the stereotypical roles of women and might lead to increased insensitivity to
women's roles, as well as influence women's absence from decision-making positions.

The expert also asked for more information on the extent to which national policy took account of
the importance of combating traditional values. The delegation was asked to provide information on
the ethnic composition of women in Croatia, as well as on women refugees.

Another expert, quoting from the report, asked about the statement which suggested that women
were responsible for their low level of participation in the country's political life. Was there not a
need to educate the population on the need for such participation? How were women integrated in
the electoral process in practice, including participation in political parties, and how many had
leadership roles? How many women were candidates in the recent election in Croatia and how
many were elected? She also asked about the financing of election campaigns as it affected women,
as well as for more information on ethnic participation in the political process. What protection was
given to women refugees and displaced women?

Regarding poverty in the country, she asked what percentage of the population lived in poverty and
whether special programmes existed to bring those population groups into the world of work.
More information was needed on the school system and on the status of the National Commission
for Equality, including the extent to which that body would focus specifically on discrimination
against women.

A number of experts asked for further information on the human and financial resources of the
National Commission for Equality, as well as its status and role. One asked about the existence of a
national policy for the advancement of women. Additional information was also requested regarding
women's groups and NGOs, which were an indicator of women's initiative in organizing themselves
to ensure their progress.

One expert welcomed the fact that Croatia's new penal code addressed crimes against women,
such as marital rape. The higher status granted to the Convention in national legislation was also
welcome. What were the principles governing such an approach to international human rights
legislation? She also expressed concern about the emphasis on motherhood, and on the extent to
which such a policy could affect women's lives in other areas. That issue was taken up by several
experts. Comments on Specific Articles

Addressing the implementation of article 2, on legal and administrative measures taken to eliminate
discrimination, an expert asked about the objectives of the Government's programmes for
"demographic renewal", including its target groups. Another expert asked about the extent to which
antidiscriminatory laws were being widely respected and applied in the country. With respect to the
functioning of national machinery, she asked whether the Ombudsman's broad obligations would
allow his office to focus on women's rights. Another expert, addressing article 3, on the full
development and advancement of women on an equal basis with men, asked why specific articles
of the Constitution made no reference to women. Or was that interpretation a result of the
translation? she asked. Was it sufficient for the National Commission for Equality to be comprised
only of representatives of ministries? How did that body relate to civil society? How did the work
of the civil society reflect in its work? There was need for more information on what the national
machinery had achieved in the promotion of gender equality and in attempts to abolish stereotypes.
Questions were also raised regarding benefits for women having four or more children, as well as
on the social and economic backgrounds of those who had opted to receive such benefits.

Several experts raised questions on the court's approach to victims of domestic violence and on the
extent to which victims received legal representation or were protected from the perpetrators of the
violence. One expert asked for information on the attitude of police officers and health personnel
towards victims of domestic violence.

Was there any organization or body responsible for monitoring media programmes and
advertisements which were discriminatory towards women? an expert asked. There was need for
more information on how discrimination against women was dealt with in the education system. She
also asked about the effectiveness of such laws as those concerning majority status and sexual
harassment. Legislation must take account of the aggravating circumstances of those responsible for
inflicting violence, as well as on the need for deterrents.

The new law acknowledging and punishing rape within marriage was welcomed by another expert.
She also asked about the existence of shelters or centres providing free legal assistance for the
victims of domestic violence. Referring to past criminal law, she asked about its provisions
regarding sexual intercourse with minors and whether that legislation also addressed incest.