WOMEN'S ANTI-DISCRIMINATION COMMITTEE CONCLUDES CONSIDERATION OF CROATIA'S INITIAL REPORT

WOM/1012
23 January 1998

Croatia was proud of its legislation protecting motherhood, the Deputy Minister of Labour and
Social Welfare, Vera Babic, told the Committee on the Elimination of Discrimination against
Women this afternoon, as it concluded its consideration of Croatia's initial report on its
implementation of the Convention on the Elimination of All Forms of Discrimination against
Women.

The laws specifically incorporating provisions for motherhood had favourably affected working
mothers as well, said Ms. Babic, who is also Vice President of the Government Commission for
Equality. Responding to a series of questions raised by the 23-member group of experts monitoring
compliance with the Convention, she added that it was not the Government's intention to foster
stereotypes, but rather provide women with choices.

The high level of women's participation in trade unions and in the labour force was another source
of pride, said Marina Musulin, Secretary of the National Commission for Equality. Women held
leadership positions at all levels of the trade union movement, including as union presidents, and
participated in tripartite bodies comprised of government, private sector and labour representatives.
The Deputy Minister of Labour was also a woman, she said.

Also responding to questions by 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 Minister for
Foreign Affairs; and Mila Hrabric, of the Ministry of Health.

As the Committee concluded its consideration of Croatia's initial report, the Committee
Chairperson, Salma Khan of Bangladesh, commended the delegation for its impressive and
thorough responses to the experts' comments and questions. She welcomed the legislation
promoting women's rights and stressed the importance of the partnership between the Government
and nongovernmental organizations in advancing equality for women. The Committee looked
forward to Croatia's next report to determine the extent to which the current measures had been
implemented.

The Committee will meet at 10 a.m. Monday, 26 January, to begin consideration of the initial
report of the Czech Republic.

Committee Work Programme

The Committee on the Elimination of Discrimination against Women met this afternoon to continue
its consideration of the initial report of Croatia on its implementation of the Convention on the
Elimination of All Forms of Discrimination against Women. The delegation of Croatia will respond
to questions posed by the Committee following the presentation of that country's report on 21
January. (For information, see Press Releases WOM/1007 and WOM/1008 of 21 January.)
Response of Croatia

VERA BABIC, Deputy Minister of Labour and Social Welfare of Croatia and Vice-President of
the Government Commission for Equality, responded to a question concerning the promotion of
equal rights to the fullest possible extent. She said that the statement in the report that despite the
existence of a legal and institutional framework, there was not enough participation of women in
public and political life, might have been misunderstood by the Committee. Indeed there was no specific available data in that regard. However, a number of research projects, in cooperation with several nongovernmental organizations (NGOs), were planned in order to address the impression of the underrepresentation of women in positions of power.

Since the issuance of the initial report, there had been greater equality, she said. Croatia National
Radio and many other private radio stations, in particular, had presented several educational
programmes addressing the problem in a very impressive way. Those programmes examined the
development of the democratic system of human rights, drawing comparisons between political
systems of various European countries, and gender issues. The media could play a much greater
role in that regard. Although the Government did not control the editorial policy of the media, it
could contribute towards such progress.

Turning to the protection of motherhood within the context of the elimination of stereotypes, the
presentation in the report might have caused a misunderstanding, she said. Croatia was proud of its
legislation in that regard. Its legislation had favourably affected working women, and specifically
incorporated the protection of motherhood. It was not the Government's intention to foster
stereotypes, but rather to provide special opportunities to people with family obligations. The points
raised by the Committee would provide an impetus for further dialogue concerning stereotypes, and
towards improving the status of women in the work force.

Concerning the collection of certain data pertaining to the ethnic affiliation of women, she said the
Government in the past few years had sought various information concerning access to social
security and health insurance on the basis of ethnicity. However, it was not necessary to segregate
the records, especially in the area of health care, since nationality and ethnic backgrounds were
irrelevant. Insured persons were insured on basis of their employment regardless of their ethnic
background or affiliation. Furthermore, the issue of privatization need not be discriminatory, and
ethnic issues should be the exception to the rule, rather than the rule.

She said that no data was available on how the electoral system had influenced the representation
and participation of women in Croatia. The system had changed since Croatia's independence, and
resulted in a stable parliamentary majority with a respectable minority opposition. A broader range
of measures in the area of human rights, including women's rights, trade unions, and the
encouragement of dialogue was required. Some methods of encouragement, such as funding
electoral campaigns and the possibility of taking days off from work to participate in those
campaigns, were already in place. The Government would not refuse dialogue on possible
improvements to the electoral system and how it could lead to a higher participation of women in
the political life of the country.

The Government was also willing to consider the use of quotas, she said. It was familiar with that
system in connection with minority rights. However, for countries in transition, a quota system was
not always effective. Furthermore, the general public of Croatia was not inclined to adopt such a
system.

DUBRAVKA SIMONOVIC, Special Adviser for Human Rights to the Minister for Foreign
Affairs, said that the Convention was applied to women refugees and displaced women in Croatia,
as was the 1949 Geneva Convention. She provided detailed data on those groups, stating that her
country was host to returnees and refugees from Bosnia and Herzegovina and displaced persons
from Eastern Slavonia. Services for those groups and stipends to individuals and families were
financed by the State.

She said her Government had prepared disaggregated data on refugees and displaced persons in
preparation for the Beijing Conference. As a result, it had found that 59 per cent of the refugees
were women. The Government realized the importance of disaggregated data in order to provide
assistance to women. Since that time, funding had been provided through NGOs for small projects
to assist female displaced persons and refugees.

On the issue of women's organizations existing in the country, she said that following the Beijing
Conference the Government had established better contacts with NGOs dealing with issues of
gender equality. The number of NGOs had mushroomed in the country after independence, and
many were now working through the National Commission for Equality. More recently, NGOs had
participated in meetings to discuss the national platform for action, and their full cooperation was
expected in its implementation.

She provided general information on women living in poverty. Since 1993, the Government had
implemented a special programme of social welfare for the country's poorest, which was estimated
to be 4.6 per cent of the total population. Persons who had the right to a welfare card were able to
obtain assistance, including payment of their utility bills and their rent. That group consisted of
persons who were eligible for employment, retired farmers and unemployable persons.

For 1998, the Government had increased the allocation to such programmes by 30 per cent above
the amount for 1997, she continued. Funds had also been allocated by the local authorities to take
care of special groups, such as the elderly. Also, those persons who had received pensions before
the war had been reintegrated into the pension system. The elimination of poverty was an important
part of Croatian national policy. A survey of households had been undertaken to provide basic data
for preparing national policy, including numerous measures targeted at women.

The National Commission for Equality was a special national body for the attainment of equality
and had resources allocated for its programmes, she said. It was staffed by civil servants. The
Commission had provided funds to NGOs for small-scale projects and research.

MARINA MUSULIN, Department Head in the Ministry of Labour and Social Welfare and
Secretary of the National Commission for Equality, directed her response to questions concerning
motherhood. The protection of motherhood was only one part of the comprehensive system of
social security in Croatia, which was equally accessible to all women, she said. The legislation
guaranteeing the right of motherhood did not suggest that it was the only role for a woman in
Croatian society. On the contrary, motherhood was regulated in employment in order to provide
mothers with the right to work and to have children. A woman was not forced to choose. Rather,
the protections enabled them to do both.

She said that the ombudsperson was a special institution directly responsible to the Parliament and
contributed to safeguarding women's rights. The Government supported the ombudsperson,
including its popularization. While there was no special ombudsperson dealing solely with women's
rights, a deputy ombudsperson could be appointed in that regard. The Government was willing,
within its jurisdiction, to propose the establishment ofan ombudspersonfor women's rightsand the
rightsof thechild.

Ms. SIMONOVIC, Special Adviser for Human Rights to the Minister for Foreign Affairs,
responding to a question on the use of the words "man" and "citizen" in the Constitution, said the
reference to the rights of man could be translated to mean human rights. Regarding the word
"citizen", recent amendments to the Constitution -- on 15 December 1997 -- had replaced that
word by "every person and citizen". That amendment had been made to harmonize the Constitution
with the European Convention on Human Rights

Responding to a question on whether anyone had invoked the Convention in any national courts in
Croatia, she said every citizen had the right to do so and could seek protection from the national
courts on any issue related to the implementation of the Convention. So far, no such case had been
brought to the courts. There had been precedent in some decisions given by the constitutional
court, which had invoked provisions of international agreements to which Croatia was a party.

STEFANIJA BORTEK-KNESAUREK, Director of the State Institute for the Protection of the
Family, Motherhood and Youth, said that Croatia took special care of people with special needs.
She cited several examples of that assistance, including their integration into a special system that
comprised health, education and social welfare assistance. In addition, there were centres educating
and training disabled persons that were equally accessible for men and women. There were also
non- institutionalized forms of care, which included private schools that also educated and trained
people, especially children with special needs. Private home-tutoring was also available.

She said that the Government closely cooperated with NGOs that were directed at helping
disabled people. Many of those NGOs were headed by women. The Government also had a
commission for people with special needs, established in April 1997, which was mostly composed
of women. To a question about the efficiency of the national machinery, she said the National
Commission for Equality had been established and there was an advisory body consisting of NGO
representatives. Furthermore, the national policy contained numerous measures to be undertaken
jointly by the Government and the NGOs.

The Government's intent was to be active in the area of employment, she said, in answer to another
question. It had set up an institutional mechanism of activity and social dialogue. An association of
employers had also been formed and, in cooperation with the National Commission for Equality,
numerous activities would be undertaken in the field of employment. She added that the
Commission had not played a role in the recent election. The latest data indicated, however, that
the participation of women in decision-making positions in Croatia was up to 21.2 per cent at the
deputy ministerial level.

Ms. SIMONOVIC, Special Adviser for Human Rights to the Minister for Foreign Affairs, said
specific programmes for education in human rights, gender equality in family life and the elimination
of discrimination were being designed to address the problems of stereotyping.

Ms. BORTEK-KNESAUREK, the Director of the State Institute for the Protection of the Family,
Motherhood and Youth, said parents could choose to care for their children full time. That decision
was a matter of personal choice. On the matter of provisions in the new penal law regarding
domestic violence and acts of rape she said victims of such cases were represented by State
attorneys in court proceedings. In the case of marital rape, court proceedings were initiated by
State attorneys and the new law provided women with the choice of having legal protection.

If the victims of domestic violence were forced to leave their homes, they did not lose their rights to
property or to custody of their children, she continued. Non-governmental organizations were well
organized to provide such women with financial or material assistance. Victims of domestic violence
were also assisted by social welfare agencies. State attorneys also prosecuted cases of marital
rape.

Ms. MUSULIN, Secretary of the National Commission for Equality, said that there was no special
group within the Commission to deal specifically with the media. That did not mean that, should
such a need arise, the Commission could not set up such a group. The Commission attempted to influence the overall climate in society with regard to gender equality. There were many women in the media, even at the highest levels, and the members of the Commission often appeared in the media to promote the fight against discrimination and the elimination of violence against women.

The activities of the non-governmental organizations were especially important, she said. They were
in constant and direct contact with female victims of violence. Their experience was extremely
important to the Commission, which was why the Commission attempted to support all initiatives
by women's groups and non-governmental organizations aimed at eliminating violence against
women and disseminating information in that regard. Also, human rights education was being
introduced into the school curricula in Croatia, with women's rights a part of that project. The
awareness of the general public had to be heightened, which was why special measures, such as
educational programmes, had been created. Equality in the organization of family life would also be
taught.

LIDIJA KARAJKOVIC, Assistant Minister of Justice, said that the judicial power was
independent and autonomous. In each case, the aggravating factors that made women's position in
society more difficult must be considered. Financial limitations were not an issue in instigating a
court proceeding concerning marital rape and grievous bodily harm. In criminal acts of minor bodily
harm prosecuted by a civil suit, women could resort to the so-called "poverty right", or seek
assistance from non-governmental organizations.

Continuing to respond to questions about violence against women, she detailed the penalties for
such crimes as sexual abuse by an authority figure, and the aggravated form of the crime involving a
teacher or parent perpetrator. There was no criminal law covering incest, although under civil law
the penalty was a fine or up to one year in prison. When the crime involved a minor, the perpetrator
received from 6 months to five years in prison. When such an act was committed against a child,
the punishment was up to eight years in prison.

Ms. BORTEK-KNESAUREK, Director of the State Institute for the Protection of Family,
Motherhood and Youth, answered a series of questions concerning assistance to battered women.
Owing to the aggression in Croatia, a network of shelters for battered women had not been
developed by the Government. However, the major role was played by non-governmental
organizations and relevant ministries, which offered as much financial assistance as possible. What
the Government had done so far was not enough. The national policy, therefore, emphasized the
need for better cooperation between the Government and the non-governmental organizations.

Ms. MUSULIN, Security of the National Commission for Equality, said an earlier response had
addressed the sensitization of media professionals to human right education. On another issue, she
said there were no restrictions with regard to gender equality in the education system. Both sexes
had the same curriculum. The Ministry of Education would be providing courses in gender
discrimination for both male and female primary school teachers. Ms. SIMONOVIC, Special
Adviser for Human Rights to the Minister for Foreign Affairs, provided information on a
programme of psychological counselling and health care for female refugees who had been victims
of rape and violence. The issue of international adoptions had been raised, as a result of rapes
during the war. However, since the numbers of those giving birth under such circumstances had
been low, the Government had restricted international adoption. Priority for adoptions had been
given to Croatian nationals. Female refugees had the option of putting their children up for
adoption. Also, abortion was allowed for rape victims. Non-governmental organizations provided
counselling and general assistance to rape victims.

Ms. BORTEK-KNESAUREK, Director of the State Institute for the Protection of the Family,
Motherhood and Youth, said that cooperation between the Government and non-governmental
organizations should be further developed to provide improved assistance to victims of rape and
violence. Ms. SIMONOVIC, Special Adviser on Human Rights to the Minister for Foreign Affairs,
said that in recent years, Croatia had taken care of several hundred thousand displaced persons
and refugees. Today, 287,000 refugees and displaced persons remained, mostly from Bosnia and
Herzegovina. The human rights situation in Croatia was being monitored through the United
Nations. A number of violent incidents against returning refugees had been recorded. However,
those were isolated cases to which the authorities responded immediately. The magnitude of the
number of missing persons in Croatia remained an enormous problem. Efforts to determine the
fates of missing family members had been unsuccessful.

Ms. KARAJKOVIC, Assistant Minister of Justice, said that according to the penal law, bodily
harm cases were prosecuted by the State Attorney. The duration of imprisonment of offenders had
decreased, but that was due to the modernization of the penal law and was in accordance with
suggestions made by the Council of Europe.

Turning to questions concerning childbirth practices and policies, she said that for the first time since
1986, following a long period, a positive birth rate had been recorded, along with a very low
natality rate.

The report, presentation and composition of the Croatian delegation to the Committee
demonstrated the Government's political will to eliminate stereotypes. The Government would
investigate allegations of pressure on women not to become pregnant for a certain time after
becoming employed. Such a contract was invalid under the law. If such cases emerged, both
nongovernmental organizations and trade unions could represent the women involved. That women
did not report all sexual crimes was probably due to the prevailing stigmatization in society, which
still needed to be addressed. That could be undertaken by increased reliance on cooperation
between nongovernmental organizations and the Commission. Meanwhile, such a stigma was
gradually disappearing, as a greater number of women decided on reporting such crimes.

She said that there was a penalty or imprisonment of up to one year in the case of transboundary
illegal trafficking of one or more persons. The crime carried a longer sentence when it involved a
minor, even if the person prosecuted had no previous criminal history. Procurement for the purpose
of prostitution was penalized under the law, with the imposition of a fine or up to one year in prison.
Coercion or force would increase the sentence to up to three years. Cases involving a minor or a
child carried a sentence of up to 10 years. Prostitutes were not covered under the criminal rape act.

Women attempting to stop prostituting themselves cold seek assistance from the police, and free
advice could be obtained from non-governmental organizations, she said. The Government was
co-financing those organizations as much as possible in that regard.

Ms. KARAJKOVIC, Assistant Minister of Justice, provided statistics regarding women in the legal
field. For example, 10 of the 25 justices in the Supreme Court were women, and in 1997, 29 per
cent of all attorneys in the country were women.

Ms. MUSULIN, Secretary of the National Commission for Equality, said there were no targeted
programmes to educate women for leadership roles in political life, in general or at the grass-roots
level. However, civic education in schools provided a good basic education about rights,
responsibilities and opportunities in that area. The Government would examine the advice given by
the Committee on that matter and consider developing such programmes.

On the issue of women's participation in trade unions, she said such participation was very strong in
Croatia because of the high participation of women in the work force. More than 40 per cent of the
active work force were women. In addition, the country was party to the International Labour
Organization (ILO) Conventions and Croatians were allowed freedom of association. Women held
high leadership positions at all levels of the trade union movement, including holding the post of
union president. They were also involved in tripartite labour bodies at all levels. The Deputy
Minister of Labour was also a woman. An international conference on labour rights of women was
held in Zagreb recently. In general, however, there was a special need for programmes to cater to
women's needs in that area. She also addressed the issue raised about the emphasis on the role of
women as mothers. Responding to a series of questions concerning education, she said efforts were
being made to increase the number of female school principals and female advisers in the education
system. A large number of female university teachers taught in all faculties. Much more needed to
be done through publishers and parents to address the need for changes in textbooks to promote
gender equality. Funding had been allocated to address that issue. At present, women's studies was
not part of the school curricula but the Government would consider its introduction.

Ms. BORTEK-KNESAUREK, Director of the State Institute for the Protection of the Family,
Motherhood and Youth, said illiteracy did not exist in Croatia. The entire population was literate
even in the remotest areas. Everyone had the right to education.

Ms. MUSULIN, Secretary of the National Commission for Equality, added information on
employment and unemployment of women, on part-time work and on programmes to assist women
workers. There was a lack of reliable data, including disaggregated data on the matter. There were
national job creation programmes for women. The law allowed for equal pay for work of equal
value.

MILA HRABRIC, Head of the Department at the Ministry of Health, in answer to questions about
environmental protection and nutrition, said that centres for special diseases and a health
programme to help improve the provision of health care had been established. The health-care
system was part of the overall social welfare system. The health-care fund was a special public fund
financed by the contributions of insurees and of some people over age 65.

She said the system of compulsory health insurance covered almost the entire population, and that
entry into the system was wide open. It could derive from employment, retirement, family
relationships, and persons who were at risk. All had health insurance at all three levels of primary,
specialist and hospital care. She detailed other aspects of the coverage, including dental care and
medicine. Due to the war, the funding had been reduced by half, from $2 billion to the current level
of $1 billion, she said. That had to lead to the rationalization of the health-care system. As a result,
the list of drugs provided free of charge had been reduced. However, drugs needed to treat serious
diseases had not been affected. Oral contraceptives remained covered as hormonal therapy, and
abortion was funded when it was medically justified. In spite of the cuts, the system of compulsory
health insurance was very broad and covered some 98 per cent of the population. Furthermore, it
did not discriminate between men and women. Unfortunately, there were no precise statistics
regarding the number of women not covered by the plan. There was no provision for a person to
take leave to care for an elderly family member, she said. However, leave was permitted in order
to care for one's child or spouse living in the same household as the insured. The duration of the
leave was determined by the age of the child. There was a high level of institutionalized care for the
elderly. Women accounted for nearly 80 per cent of the people living in retirement homes. As a
result of war and human loss, the elderly members had lost the support of family members either
killed or disabled in the war. Unfortunately, there was no compensation for leave by people looking
after those family members. Serious consideration would be given to those issues.

Various widely used contraceptive methods were available to Croatian women, she said, adding
that the cost of abortion was $170. The total number of legal terminations was the lowest recorded
so far. Updated legislation on abortion was needed. While a new law would be based on the same
principles as the existing one, it might include provisions for mandatory counselling before the
termination of pregnancy. Hospitals were required to provide gynaecological wards with beds
allocated for abortion patients or risk losing their status. Gynaecological service was free for all
women. The expense for medically induced abortions was borne by Croatian health insurance, but
there was no reliable data on the level of funding. Infertility treatment was also borne by insurance,
entitling a woman to three trials of such treatment.

Ms. BORTEK-KNESAUREK, Director of the State Institute for the Protection of the Family,
Motherhood and Youth, drew attention to two new projects on the reproductive health of female
students involving scientific and curative research being implemented at all universities. Another
important project involved education through the media on self-examination for early detection of
breast cancer. No data was available on the incidence of teenage pregnancies.

She then provided statistics on substance abuse, noting that the number of addicts in 1997 was
8,000, of which 300 were cocaine abusers. A government body was addressing that problem.
There was no reliable data on alcoholics. In the past 10 years, there had been a significant increase
in female alcoholics. There was excellent cooperation between the Government and
nongovernmental organizations in that area.

Counselling for the improvement of family relations was available through non-governmental
organizations and religious communities which served both women and men, she said. Local
authorities were also very active in providing such services and carried out voluntary work.
However, much remained to be done. The Government was not satisfied with the scope of
activities for promoting the independence of rural women. The Ministry of Agriculture had initiated
a number of programmes but they had not taken account of gender issues to any extent. There was
a need to target programmes to improve the situation of that group.

In concluding, she said Croatian public opinion would not be satisfied with what had been achieved
to date. Much more could be done and it could be done better. There was a strong political will on
the part of the Government and the public to contribute to the overall development of civil society,
and especially to the promotion and protection of human rights and the human rights of women.

As she concluded the meeting, the Committee Chairperson, SALMA KHAN, expert from
Bangladesh, commended the delegation for its impressive and thorough response to the experts'
comments and questions. She stressed the importance of partnership between the Government and
nongovernmental organizations in advancing equality for women. Croatia's next report should
indicate the implementation of measures currently under way in that regard.