WOM/1016
27 January 1998

Emphasis on Family a Positive Change, Says Czech Representative; Experts Express Concern at
Policies That Emphaize Women's Maternal Role

The transformation under way in the Czech Republic was remedying the violations of family life and
the suppression of individuality endured under the long-term totalitarian regime, a representative of
the Czech Republic told the Committee on the Elimination of Discrimination against Women this
afternoon, as it concluded its consideration of that country's report on its implementation of the
Convention on the Elimination of All Forms of Discrimination against Women.

The Czech Government's policies did not encroach on women's freedoms, but rather encouraged
them to express their individuality within the family, the labour force and the political system, the
Deputy Minister of Labour and Social Affairs, Bela Hejna, told the 23-member monitoring body.
The perception of the family as an important social unit was a positive change, she said, responding
to questions posed by experts concerning the Government's emphasis on women as mothers.

Also addressing those questions, the Deputy Director, Healthcare Department, Ministry of Health,
Zdenka Polakov, noted that neonatal mortality exceeded the number of live births in the Czech
Republic. The accent on the family and the maternal role of women was necessary, given such a
current reality, as well as the legacy of 50 years of communism during which that role had been
suppressed. The Committee should not regard that emphasis as a betrayal of women's individuality.

Still, experts expressed concern that the focus on women in the family dominated the country's
approach to women. As the Committee concluded its consideration of the Czech Republic's initial
report, the Acting Committee Chairperson, Carlota Bustelo Garcia Del Real of Spain, said that it
seemed contradictory that the Czech Government, which sought to further individual rights, had
emphasized women in the familial context. Equality was not contextual, but rather it encompassed
the rights of women apart from their social and familial roles. (page 1a follows) Women's
Anti-Discrimination Committee - 1a - Press Release WOM/1016 372nd Meeting (PM) 27
January 1998

The following representatives also responded to questions by the Committee: Vera Kucharova,
Senior Researcher, Institute for Work and Social Affairs; Jitka Machova, Head of Office for
International Law, Ministry of Justice; Vera Jerabkova, Head of the Office for Human Rights,
Ministry of Foreign Affairs; Jitka Gjuricova, Director of the Department on Crime Prevention; Petr
Visek, Adviser, Office for Social Systems, Ministry of Work and Social Affairs; Jessie
Kastankova, Adviser, Ministry of Education, Youth and Sports; Miroslav Fuchs, Head of Office,
International and European Law, Ministry of Work and Social Affairs.

The Committee will meet at 10 a.m. Wednesday, 28 January, to begin consideration of Bulgaria's
initial report.

Committee Work Programme

The Committee on the Elimination of Discrimination against Women met this afternoon to continue
its consideration of the initial report of the Czech Republic on its implementation of the Convention on the Elimination of All Forms of Discrimination
against Women. The delegation of the Czech Republic will respond to questions that were posed
by the Committee following the presentation of that country's report on 26 January. (For
information, see Press Releases WOM/1013 and WOM/1014 of 26 January.)

Response of Czech Republic

BELA HEJNA, Deputy Minister of Labour and Social Affairs, said that the questions posed by the
Committee had alerted her to problems, and inspired further thought concerning gender equality.
Several experts stated that the Government favoured Czech women as mothers over their role as
individuals. Indeed, the initial report reflected a stage in a transformation under way in the Czech
society. It was a society that had experienced 40 years of totalitarianism that grossly violated the
sanctity of family life. For example, under that previous regime, the State ordered that everyone
must work, she said. A woman who did not work was persecuted as a parasite. Children from the
age of two weeks were placed in collective establishments, which affected the medical and mental
health of children and mothers. That was why the Czech women appreciated their family function,
which had previously been denied them. The transformation signalled a return to the perception of
the family as an important social unit. Current government policies did not restrict, but rather
stressed and ensured free choice. A woman could choose a career or care for her family, with the
State's financial support. The right to such financial support for women who cared for children until
the age of four also applied to fathers.

The structural changes in the employment sphere had created new situations, she continued. A
redistribution of the functions and responsibilities of men and women had started to emerge. Men's
participation in the family had grown. Integrating women into the work place was a process that
was closely tied to the transformation of society. A priority must be given to a programme that
harmonized work, social and family life. That was a complex challenge encompassing all spheres of
society. It was, therefore, rather difficult to analyse the conclusions of the Fourth World
Conference on Women (Beijing, 1995). Those recommendations could not be implemented until
the process of harmonization was stabilized.

She said that for a long time the previous regime had fully controlled the work of all civil
non-governmental organizations, and suppressed dissenting opinion. After the fall of that political
regime, new activities and organizations quickly emerged, including countless civil
non-governmental organizations concerned with women and young people, the environment and
minorities. Furthermore, people soon embarked on new careers and new courses of study,
following the long period during which education and individuality had been suppressed. One of
most important aims in the field of education now was the education of sovereign citizenship and
human rights. That was a long process requiring the dissemination of information among women.

In addition, individual political concepts were finding their identity, she said. Individual women's
organizations were finding their place in the political spectrum. Social change would gradually be
reflected in the growing number of women in decision-making positions and in politics.

Generally, women did not accept a system of quotas, although their representation in government
was steadily increasing.

The media would also play a significant role in advancing the status of women, she said. In the past,
the media had been the tool used by the political power. Now, ways would be found to develop
the State's influence through the media in the directions outlined by the Convention. To the concern
raised by some experts that the Czech Republic had not established a national body for women and
had no such mechanisms in place, the new Government appointed at the end of last year requested,
in a recent meeting this year, that all members pay special attention to the status of women, namely
in terms of the principles of the Convention. In turn, the Government declared its determination to
make progress in that regard.

The Government had also decided to take on the task of deepening the dialogue with
non-governmental organizations, and implementing the conclusions of the Beijing Conference. The
Government envisaged a commission on the status of women within the Ministry of Labour and
Social Affairs. Also, by next month, the formulation of a plan for the advancement of women would
be drafted.

VERA KUCHAROVA, Senior Researcher, Institute for Work and Social Affairs, speaking on
article 11, on eliminating discrimination in employment, said that the country's socio-economic
transformation was still under way and living standards and lifestyles were still changing
dramatically. Some women had profited from the country's transformation, while others had found
its impact detrimental to their well-being. Among the negative effects had been the liberalization of
prices, increased cost of living and rising unemployment rates.

The Czech Republic attempted to protect women through an active unemployment policy, social
security network and support for civil nongovernmental organizations. Women's economic activity
had decreased during the 1990s for several reasons, including: their retirement, permitted by the
country's new pension system; their choice not to work outside the home; and the maternity
benefits paid to those who cared for children under the age of four.

The structure of employment was changing nationwide, she continued. The number of female
employees had decreased in recent years, as had the number of employees at cooperatives, while
the number of businesswomen and self- employed women had increased. Most women worked in
the education and social services sector. In recent years, the number of women working in the
banking and insurance fields had greatly increased. A relatively high level of women were employed
in fields requiring advanced skills, such as research.

On the other hand, women were highly represented in unqualified jobs, she said. The high ratio of
women in unskilled jobs resulted in high unemployment rates for women. Since the Czech
economic system had been restructured, the number of female entrepreneurs was high compared
with other countries. Overall, however, women's interest in establishing their own businesses was
low compared with men. Governmental programmes and training efforts were envisaged for small-
and medium-sized farms run by women.

The level of job satisfaction was generally equal for men and women, she said. According to
sociological surveys, women often did not aspire to obtain high positions, but instead sought jobs
that enabled them to fulfil their family responsibilities. The women surveyed felt that their chances
were less than men's for improving their qualifications, obtaining equal salaries and holding
high-level positions.

Unemployment for women --just over 6 per cent -- and for men -- 4 per cent -- was linked to
levels of education, she said. Unemployment rates were generally higher for single mothers and
women in rural areas. The most frequently cited cause for a woman losing her job was family
responsibilities. Unemployment in the Czech Republic usually did not lead to poverty and social
exclusion, as it did in other countries, largely because of the relatively low rate of joblessness. The
country had an active employment system, which included guidance and training programmes.
Particular attention was paid to young people, as well as the handicapped. Employment offices paid
'priority attention to the placement and retraining of mothers after maternity leave.

Poverty mainly affected families, rather than individuals, she continued. Gender was not an indicator
of economic difference. Certain marginal groups were endangered more than others, such as:
unskilled women, single elderly women, single mothers, drug addicts, homeless women, and those
exposed to street prostitution. The State's social support system tried to provide assistance for such
women, as did non-governmental organizations. Poverty was not the result of economic restrictions
imposed by the State, but rather temporary exclusions from the labour market.

VERA JERABKOVA, Head of the Office for Human Rights, Ministry for Foreign Affairs, spoke
on the subject of family law and the proposed legislation regarding the family code. She said that
the care of children and their upbringing was the right of parents. Only by court decision could the
rights of parents be restricted or minor children be separated from their parents. In some cases --
when immediate action was necessary -- the District Office had the authority to take temporary
measures, which would otherwise have to be ordered by the court.

The Czech Republic wanted legislation that complied with the progressive concept of family law,
she said. Studies had been made of the family codes of many western countries. Last year, in
Prague, the Canadian Minister of Justice had been invited to attend a seminar on Family and Civil
law. The Council of Europe was now preparing recommendations concerning family mediation and
their findings would be incorporated in the draft of the new family code. In June 1998, in Prague, a
session of the International Society of Family Law would be held to address certain aspects of
family law, in preparation for the new family code.

Czech experts were in touch with other experts worldwide, she said. A new code that introduced
modern and well-balanced concepts of family relations was desired. Certain professional
organizations, such as the Association of Family Guidance, had offered advice. Family law had
attracted great attention in the Czech Republic. It was hoped that concrete proposals could be
considered on such topics as divorce, divorce proceedings, custody of children and maintenance of
children and former spouses.

JITKA MACHOVA, Head of the Office for International Law, Ministry of Justice, said that the
Czech Republic viewed the Convention as a culmination of the development of international law
concerning the emancipation and equality of women. It was up to the State to ensure the function of
courts in cases of discrimination. In response to several questions concerning the number of such
cases brought before the courts, the Constitutional Court had not received any application
concerning the Convention.

The Czech Republic welcomed the optional protocol to the Convention that was now being
prepared, especially the provision enabling individuals and groups to bring their matters before the
Committee, she continued. As a result of the protocol, States parties would likely pay much greater
attention to the implementation of the Convention. To a question about how the Convention was
disseminated among the Czech population, she drew attention to a publication by the university in
Prague, which had addressed the Convention and discussed all of its aspects. It was a good start
and one of the ways in which the Convention could be studied, she said.

Referring to comments that the Czech legislation did not contain any anti-discrimination laws, she
said that the legislation was based on the principle of equal protection of the rights of men and
women. Citizenship was safeguarded, regardless of sex. That principle was reflected in the code of
civil procedure. In terms of judicial protection, anyone could assert his or her rights in court. Parties
to the proceedings had equal status before the law. Specifically, she did not know of anyone filing a
petition with the Constitutional Court stating that the Court had not accorded them equal status.

Ms. JERABKOVA, Head of the Office for Human Rights, Ministry of Foreign Affairs, said that
cooperation and coordination of non-governmental organizations was of paramount interest. The
number of non-governmental organizations grew very quickly at the onset of the transformation of
Czech society, but had significantly declined since then. However, important systematic
cooperation was emerging between the non-governmental organizations and the Government. In
September 1997, during consideration of the Convention of the Rights of the Child, nearly 50
non-governmental organizations assembled for the meeting with the Government's foreign affairs
expert. As a result, the Government and the non-governmental organizations cooperated in
implementing the conclusions of that conference. In the same way, the Government wished to
collaborate with the non-governmental organizations concerned with women's issues. In
preparation of subsequent reports to the Committee, the Government wished to incorporate
feedback from the nongovernmental organizations.

JITKA GURICOVA, Director of the Department of Crime Prevention, said that the Czech
Republic was building a system of crime prevention that defined crime as a social, pathological
development. The coordinating body at the ministerial level was the National Committee on Crime
Prevention, and comprised representatives from various ministries. She reviewed the cost and
composition of a commission on drug abuse, adding that the Commission's priority was to create a
comprehensive approach to crime prevention and control of drug abuse. The necessary
precondition of its work was the integration of public authorities, State governments and non-
governmental organizations, charities, entrepreneurs and citizens. Activities were also being
initiated, including a programme of social awareness.

Crisis centres, as well as asylums run by non-governmental organizations and charities, were being
established to provide assistance to women victims of crime, she said. Psychotherapy and social
work was also supported. There were now 26 homes for women with children in difficult situations,
although the capacity of those homes was quite limited. The problems were being tackled by a
number of entities. For example, there were programmes such as "The Wide Circle of Safety" and
"La Strada" that concentrated on women victims of violence. The Minister of the Interior and the
Crime Prevention Department cooperated with non-governmental organizations to stimulate such
activities in individual cities.

Ms. MACHOVA, Head of the Office for International Law, Ministry of Justice, said that statistical
data on forcible rape and the trafficking of women in the Czech Republic -- included in part eight of
the Criminal Code -was not available here, but would be sent to the Committee.

PETR VISEK, Adviser, Office for Social Systems, Ministry of Work and Social Affairs, said he
would like to speak to the specific steps being taken to prevent violence against girls in families.
Child welfare departments and district offices were involved. The duty of the State to protect girls
and promote their healthy development was based on the Charter of Fundamental Rights and
Freedoms, which was part of the Constitution of the Czech Republic. A new law was being written
that defined the group of children that would receive protection in such cases.

Mr. GJURICOVA, speaking on article 6, said that prostitution -- the issue she had been asked to
address -- was a complex issue. After 1990, following the political and social changes in the Czech
Republic, there had been a great spread of prostitution. A great demand had arisen from Germany
and German-speaking countries for girls from the Czech Republic. New forms of prostitution had
been encountered, one of the most recent being street prostitution, and secret houses and had been
established. Yesterday, an expert had expressed doubt that prostitution was caused by migration.
Indeed, it was not. Prostitution was a social problem.

As had already been stated, there were internatioal gangs in the Czech Republic, she said. The
most aggressive were from Bulgaria. The Czech Republic was trying to cooperate with
non-governmental organizations on HIV and AIDS prevention, as well as crisis intervention. The
non-governmental organizations worked with prostitutes at the lowest level. As illness in that
population group was common, health assistance was provided. The Minister of Health provided
grants for HIV and sexually transmitted disease prevention, she said.

Under Czech law, prostitution itself was not seen as a crime, she said. Therefore, crimes connected
with prostitution were punished. Regarding sanctions imposed for crimes related to prostitution,
pandering was prosecuted under section 204 of the criminal code and the sanction was up to three
years in jail. If the case was committed with violence or threat of violence, the penalty was one to
five years. If the offender had considerably profited by the crime, it was two to eight years. If the
crime was against someone under the age of 15, the penalty was five to 12 years.

JESSIE KASTANKOVA, Adviser, Ministry of Education, Youth and Sports, said that prior to
1989, admission to secondary schools was subject to strict planning, with quotas for boys and girls
in academic areas. The State, in its effort to provide qualified workers, had exerted great pressure
to get students to attend apprentice training centres. General education schools admitted pupils
from working families and the remaining slots were allocated to pupils from other families. As a
result, many gifted pupils were not admitted to general schools, but were instead trained as
apprentices in fields that did not interest them. Before 1989, only 10 per cent of university-age
persons were admitted to universities.

After 1989, the only criterion for admission to school was the applicant's interest and capacity, she
said. The number of pupils was limited only by a school's capacity. After 1989, many secondary
schools were formed to fill educational gaps. Turning to the issue of household management
schools, she said that apart from subjects related to household management, they taught typing,
accounting, basic management skills and other areas of interest. Boys were permitted to attend
such schools. Despite their popularity, experience indicated that the graduates of those schools
were not as qualified as those from other commercial schools. In light of the subsequent
employment problems, the Ministry of Education had decided that those schools should be
discontinued, as such.

Regarding the low interest of girls in the technical fields, she said that the same lack of interest was
to be found among boys. It was a backlash from the former system of forced study, which was still
vividly recalled by parents. Also, the course of study was difficult in technical fields, yet the pay for
such jobs tended to be low. The State provided scholarships only to disadvantaged students and
those that excelled academically. Most businesses did not provide scholarships, because there was
no guarantee that the student would work for that business after graduation.

Responding to other questions posed earlier by the experts, she said that women could be admitted
to military schools and could achieve all military ranks and distinctions. The Ministry of Education
had not issued instructions that the Convention was to be studied at all schools, although the
Convention had been published so that teachers could include it in their lessons. As for the
feminization of certain areas and measures taken to increase pay in those areas she said that the
problem had begun as far back as the First World War, and was also faced by other European
countries. Statesupported schools were unable to provide pay that could compete with private
enterprise. The Ministry of Education had prepared a "teacher project" to increase teachers'
motivation. The project, which had been received positively by teachers, was in the last stages of
production.

MIROSLAV FUCHS, Head of the Office of International and European Law, Ministry of Work
and Social Affairs, taking up questions concerning prohibitive employment for women, said that it
was not about jobs that were prohibited to women, but rather certain aspects of certain kinds of
work that was prohibited. Such a prohibition, which included physical labour underground, was
designed to protect women's maternity functions. A special decree enumerated the nine types of
work prohibited to women, as well as the 40 areas prohibited to pregnant women or mothers of
infants. Such prohibitions included: the manual transportation of heavy loads; exposure to excessive
vibration or noise; exposure to certain chemicals; or work involving high rates of accidents or
poisoning.

An employer was not permitted to terminate employment of pregnant women or women caring for
children of up to three years of age, he said. Nothing prohibited an employer from hiring pregnant
women. If they were discriminated against in that regard, they could take the matter to judicial
court. An amendment to the employment act prohibiting sexual discrimination in the area of
employment was being prepared. Employers might then be punished for discriminating on the basis
of sex. Further protection of women during hiring was expected under a new labour code to be
adopted by the year 2000.

He also addressed questions concerning social security and old-age and widow/widower pensions.
The different retirement benefits based on a woman's number of children, as well as the different
retirement ages between men and women was designed to reflect an appreciation for the care given
by mothers to children, he said. That principle was retained in the law even after pension reform. It
should viewed as a kind of pension insurance. While it was true that the average pay for women
was some 25 per cent less than the wages for men, that inequality existed in other European
countries as well. The Government was seeking ways to improve the situation.

ZDENKA POLAKOVA, Deputy Director of the Health Care Department, Ministry of Health,
addressed the issues of contraception and induced abortions. Until 1989, hormonal contraceptives
were only available to a very limited extent and unsuitable for women who had not yet given birth,
she said. In addition, they produced many negative side effects. She outlined the numbers of
women who used contraceptives, including the particular methods used. Overall, contraceptives
were used by one-third of the women of childbearing age.

The high percentage of induced abortions could arouse concern and the Ministry of Health focused
on that issue, she said. However, there was no incentive, such as financing, that encouraged
induced abortions, as some experts had suggested. In fact, induced abortions, except for abortions
performed for health reasons, were fully covered by the patient. "Interruption commissions", which
use to humiliate women attempting to undergo abortions, were abolished in 1986. Now, induced
abortions were the free choice of every woman. According to some fairly recent data, the number
of induced abortions declined by some 22 per cent in 1993, compared to the previous year. That
positive trend persisted today, although the pace of the decline had slowed.

Induced abortion was not considered by the Government to be an alternative to contraception, she
said. Indeed, a deliberate approach to sexual education and contraceptives, developed in the
educational and health sectors, had started to bear fruit in the Czech Republic. Unfortunately, last
year neonatal mortality exceeded the number of live births in the Czech Republic, she said. The
average marriage age changed from 21 years old in 1989 to 25 years old in 1995. The accent
placed on the family and maternal role of women was necessary, given the 50 years during which
that role was suppressed under the communist regime. She was sorry that the Committee viewed
that emphasis as a failure to understand women's individuality.

Comments by Experts

An expert said that she had wanted to receive more detailed information regarding the employment
sector. Many of her earlier questions were still on the table. Due to the constraints of time,
however, she was satisfied with the responses.

Comments by Acting Chairperson

The Acting Chairperson, Carlota Bustelo Garcia Del Real, expert of Spain, commended the Czech
Republic on its efforts to develop legislation that would address both direct and indirect
discrimination. She noted that joblessness had a particularly adverse impact on women. The
Committee would follow with great interest the Czech Government's efforts to attain equality
between the sexes. She hoped that Czech society would not permit family obligations, in line with
stereotypical concepts, to lead to the marginalization of women in the workplace and other areas.

It seemed contradictory that the Czech Government, which said it sought to further individual rights,
had in its report emphasized women in the familial context, she said. The Convention dealt with the
rights of women, apart from the social and familial roles they played at any given time. Equality was
not contextual. However, the European community faced a particularly difficult task in ensuring that
women's rights were individual. She reiterated that the Committee would follow with the keenest of
interest what steps the Czech Republic took in that regard, because it might provide lessons for
other States parties to the Convention.