WOMEN'S ANTI-DISCRIMINATION COMMITTEE CONCLUDES DISCUSSION OF SLOVAKIA'S INITIAL REPORT; EXPERTS' COMMENTS AND QUESTIONS ANSWERED
29 June 1998
WOM/1059
29 June 1998
Although women in Slovakia had felt a stronger sense of social security under the former regime, the country's economic and political transition had resulted in increased civil and economic freedoms, and in better opportunities for personal development, the Committee on the Elimination of Discrimination against Women was told this morning, as it concluded its consideration of Slovakia's initial report.
Women had been greatly affected by new legislation to counteract the former State's "paternalism" or protection, the State Secretary, Ministry of Labour, Social Affairs and Family, Milica Suchankova, continued. The new emphasis on personal responsibility had created a crisis for many. Organizations and institutions had been established to help, including a network of psychological and counselling centres in all regions.
The 23 experts of the Committee -- which monitors implementation of the Convention on the Elimination of All Forms of Discrimination against Women -- heard these comments in response to questions and comments posed on 23 June.
On the Committee's questions regarding exploitation of women, the representative of Slovakia enumerated new laws that had been put into effect to regulate prostitution. The new penal code would define activities benefiting from prostitution and widen penalties for procurement. Since control of traffic in women required concerted actions of many States, Slovakia was cooperating with foreign police through Interpol, in addition to local legislative and enforcement efforts.
Experts noted that Slovakia placed great emphasis on women's role as mothers, reflecting the social system's basic values. They cautioned that such emphasis tended to reinforce stereotyped gender images.
The Committee deemed temporary measures to be among the strongest tools available through the Convention to advance the equality of women. Special measures were often an effective way to address traditional views. An affirmative action programme was needed, several experts stressed. One expert called for temporary measures to put in place the new national machinery for women. Another said that temporary measures should be stronger, as in educating women for the technical field.
Also this morning, the Committee was addressed by two other members of Slovakia's delegation: the Director of the Bratislava International Centre for Family Studies, Zuzana Vranova, and the Director of Human Rights Department, Ministry of Foreign Affairs, Milan Jezovica.
The Committee will meet again at 3 p.m. today, to hear responses to its comments on the initial report of South Africa.
Committee Work Programme
The Committee on the Elimination of Discrimination against Women met this morning to continue its consideration of Slovakia's initial report. (For background on the report and on the questions posed by the Committee, see Press Releases WOM/1055 of 23 June and WOM/1056 of 23 June.)
MILICA SUCHANKOVA, State Secretary of the Ministry of Labour, Social Affairs and Family, said she would first respond to the question regarding the impact of transition on the life of women in Slovakia. Annual surveys on the subject indicated that the most pronounced problems of Slovak women at present were financial difficulties and lack of time, along with related stresses including employment and health problems. Under the former regime, women had felt a stronger sense of social security. Under the new, they described a higher sense of civil and economic freedoms, as well as better opportunities for personal development, especially through affiliation with nongovernmental organizations (NGOs).
At the grass-roots level, she said, women had been highly influenced by new legislation to counteract the former State's "paternalism" or protection. The new emphasis on developing personal responsibility created a crisis for many. Organizations and institutions had been established to help, including a network of psychological and counselling centres in all regions.
Concerning the Committee's questions related to article 2, legal and administrative measures to eliminate discrimination, she said the National Action Plan established jointly by the Government and NGOs, based on the Plan of Action adopted at the Fourth World Conference of Women in Beijing, China, in 1995 recommended eight priorities for government action. Those included, among others: to bring equal opportunity to women; to find new opportunities for them; to promote the abolition of disadvantages to them; to influence public opinion in a way that promoted equality; to create conditions protecting and improving women's health; to eliminate violence against them; and to increase employment opportunities, including at the professional levels.
The Plan of Action had been instituted in numerous ways, she said. Changes in national law had been introduced. Judicial protections had been strengthened and the independence of courts underscored. Unauthorized interruption of pregnancy had been made a crime, the Family Act had been amended and a draft law on the regulation of prostitution had been elaborated.
Turning next to article 3, on measures to ensure the development and rights of women on an equal basis with men, she said that in March 1996 the Coordination Committee for the Problems of Women had been established as a governmental advisory body, linking NGOs, parliamentary representatives, churches, research institutions, churches and experts, to advance legislation and issues related to women. The Committee had four expert working groups covering: employment; social and population policy; social, political and foreign affairs; and legislation and legal affairs. It had 30 regular members -- including five men -- and 14 associate members. The Committee's operation was financed from the budget of the Ministry of Labour, Social Affairs and Family; its professional activities were covered by a separate budget.
In 1996, the Parliamentary Women's Commission was established at the Parliamentary Committee for Health Care and Social Affairs, to advance women's interests within parliamentary negotiations, she continued. The Gender Centre, financed jointly by the United Nations Development Programme (UNDP) and the Slovak Government, was assisting NGOs in designing and funding projects, and exchanging information internationally.
Slovakia was considering establishing an ombudsman on the question of rights of women, she said. The Government believed that the protection of human rights and freedoms was obtained through national judicial systems and international bodies, but it recognized that an ombudsman's office was a low-cost and time-efficient mechanism to promote rights. Members of the Coordination Committee had studied the work of Sweden's ombudsman, and would incorporate that experience into Slovakia's overall consideration.
Regarding article 4, temporary measures to accelerate de facto equality between men and women, she said that the same legislation did not necessarily create the same opportunities for all people. A few affirmative measures had been implemented, facilitating women's access to the labour market after they completed parental leave. Labour authorities provided employers with financial contributions to create job opportunities for women after maternity leave, for a period of one year.
The different retirement age for men and women was perceived as a positive measure from the grass-roots perspective, she said. The issue of equalizing retirement age was a sensitive one, enforced mainly by highly educated, professional women and younger women. Women working in production plants and in manual jobs were against levelling retirement age and also opposed the abolishment of other affirmative measures.
To questions posed on article 5, social and cultural patterns that lead to stereotyped roles, she said that Slovakia was characterized by a preference for long-term traditional relationships, marriage and parenthood. Mothers played very important roles in all family relations. Deeply rooted Christian relationships perpetuated over the centuries, had not been changed during 50 years of Communism, which created an artificial emancipation of women and enabled them to assert themselves in the labour market. The Communist regime did not solve this problem, because it did not free women from house chores and did not support changes in men's roles. The result was a triple burden on women -- jobs, family and social activities. After 1989, with democratization, women first responded to the changes by withdrawing from politics and jobs. The error of such choices were soon realized, however.
Through media, a non-stereotyped model of women, with parallel professional and family roles, had been presented, she said. Discussions in favour of the role of the father in the family have been started and were supported by international seminars. The role of the father in the family has also been incorporated into education.
After 1989, several textbooks were revised to abolish stereotypes. National research indicated that women derived their social status and identity from their role in society, mainly from maternity, socializing and educational roles. Women generally viewed themselves "in a more masculine way" than their partners viewed them. However, mainly in private media, women's images were often abused for commercial purposes. The general public was receptive to receiving information about women's issues, she added.
She then drew attention to aspects of the country's penal code regarding prostitution, rape and sexual abuse. The original penal code was changed in 1994 to create conditions for a more effective fight against the crime of procurement. The problem of domestic violence was significant and, in recent years, violent crime had increased. The penal code did not differentiate between public and private violence. Witnesses were often unwilling to talk about problems, while victims frequently withdrew their claims, often because no separate accommodation was provided for them. Victim assistance was often provided by NGOs, as well as institutions of the Coordination Committee. In accordance with the National Action Plan on Women, preventive measures to eliminate violence against women, shelters to support victims and programmes to alter aggressive behaviour were all being prepared.
With regard to the Committee's questions on article 6 related to exploitation of women, she enumerated new laws regulating prostitution and said a new penal code was being prepared to widen penalties for procurement and to define activities benefiting from prostitution. Since traffic in women required concerted actions of States, there was ongoing cooperation with foreign police through the National Centre of Interpol, in addition to local legislative and enforcement efforts.
In response to the Committee's questions on the advancement of women in the political sphere, article 7, she said that prior to 1989 there had been a quota system to secure a relatively high representation of women in parliament. That form of participation had been highly formal and passive. As in other central and eastern European countries, the abolition of the quota system had created a drop in parliamentary representation. Practical measures to encourage women's active participation in the political sector included promotion through the media and the holding of study courses.
The number of both male and female attorneys had increased since 1989, she said. Thus, while the initial report showed a lower percentage of women lawyers at present relative to the overall number than previously, the total number of women lawyers had increased. The number of female judges had also increased, which benefited women since those of their gender were sometimes more sensitive to mothers and children in matters of divorce than male counterparts.
In the area of education, she said 65 schools for girls had been established in Slovakia since 1990, bringing the number up to 75. The schools were targeted particularly to the areas of business and enterprise, services including household management, and nursing. The schools addressed the need to increase the number of girls completing secondary education.
At the university level, she said, 63 per cent of all students in the humanities were female, and in technical studies, 29 per cent were female. The Ministry of Education supported technical education for girls as part of an international programme, but many girls with a technical education worked outside the technical area. That concern with regard to equality still needed to be addressed.
She then turned to article 11, elimination of discrimination in employment. Women had the right to equal status and equal working conditions with men through article VII of the labour code. However, there were provisions regarding women's working conditions that took into account their physiological abilities and their social functions in motherhood and child rearing. Women were not able to perform work that harmed them physically, particularly work that endangered their motherhood functions. Other regulations for women included maternity leave, breaks for breast feeding and restrictions on sending employees on business trips. During or up to nine months after pregnancy, women could not be employed in work that jeopardized health. Employers must transfer such women temporarily to other forms of work.
Night work was prohibited for pregnant women or women that cared for younger children, she continued. Employers were required to respond to pregnant women's request, or the request of those caring for children up to 15 years of age, to have shorter working hours. A new labour code had been prepared, to be discussed by the Government in the forthcoming period. It allowed for flexible working hours, subject to consultations with the trade unions.
To address the issue of women's unemployment, labour offices were striving to become oriented towards women, she said. Women most at risk of unemployment were those with children up to 15 years old, women after maternity breaks, women over 40 years old, and those with only primary levels of education. Slovakia sought to decrease women's unemployment rate and respected their right to chose whether or not to work.
Still within the context of article 11, she said that article 12 of the Constitution guaranteed fundamental rights and freedom in Slovakia to all persons, without regard to sex, race, colour, belief, religion, opinion, ethnicity or other status. Members of 10 national minorities lived in mixed areas. There were three approaches to education: instruction was exclusively in the language of the minority; instruction was bilingual; or the mother language was taught as a subject by itself, while other subjects were in the national language.
Members of the Roma ethnic group often lacked skills and knowledge, she said, resulting in long-term unemployment. Generally, attention was devoted to education, which would enable adaptation to labour market needs. The Government had established a plenipotentiary for citizens who required special assistance, including Roma citizens. The Government approached the issue in a complex and systematic way, applying the civil principles.
Addressing other aspects of discrimination in employment, she said that parents with children could receive child benefits to support upbringing and nutrition of children. Sexual harassment at work was not separately covered by current legislation, but the new labour code would include protection against dismissal, as well as sanctions against employers in certain cases of harassment. When a citizen's income could not meet a basic subsistence level, assistance was provided at levels based on the reasons behind the hardship.
Much attention was being given to regular statistics on and surveys of wages and labour costs, she said. The 22 per cent difference between men's and women's incomes was caused by several factors, including the different structures of professions and lower wage levels for identical work. A new labour inspection act, recently adopted by the Government, would protect employees regarding pay rates.
Returning to working women, she explained that if a woman was reassigned to different work for reasons to do with pregnancy or recent maternity, she would earn the same amount as her original job. An equalization allowance in pregnancy or maternity was a sickness insurance benefit, and thus not paid for by the employer. Regarding the earlier retirement of women dependent on the number of children, she said that it should be seen as a convenient solution to claims for old age pension. She also reviewed aspects of the social security system, including pension security, sickness security, state social benefits and social assistance.
Reform in the health sector had been implemented without any dramatic impact on the population, she said in response to questions on article 12 related to women's health. Principles of equality in the provision and accessibility of health services had been maintained during the transition from a tax-based system of financing. Doctors had been able easily to make the transition from State to private practice. Overall life expectancy was increasing, infant and neonatal mortality showed favourable long-term trends, and family planning was part of all basic school curricula.
The Ministry of Health oversaw the delivery of basic health services for all people, she said. For example, by law each resident was eligible for a complete preventive medical check-up every two years. This was paid by mandatory health insurance, which was underwritten by the State for the unemployed, pensioners and children, as well as for those with lower incomes. As part of this programme, all women had emergency access to gynaecological services when necessary.
Statistical data indicated that 5.7 per cent of families in Slovakia could be characterized as low income, she said, not 40 per cent as had been asserted. Approximately 28,000 families were accorded social assistance benefits and there were no undernourished children. Overall, health protection and promotion programmes were coordinated by State hygienists working at both the district and regional levels.
In conclusion, she said a number of issues raised by the Committee had given a substantial thrust to ideas regarding further development and enhancement of rights for women. Those questions would be considered in the work of the Coordination Committee for the Problems of Women, which she chaired.
Comments by Experts
A number of experts made follow-up comments to Slovakia's response to questions posed by the Committee to Slovakia's initial report.
One expert said it was obvious Slovakia had come up with new machinery. Temporary measures for putting them into place should be instituted and reported on in Slovakia's next report. Quotas for political advancement, as an example, were an unsatisfactory measure but there was no better alternative. In the next report, there should also be information on activities ancillary to controlling domestic violence, such as providing shelters for women, and with regard to traffic in women, which indeed was an international problem.
Another expert said Slovakia was faced with a situation of structural discrimination, which could not be solved de jure or by sole emphasis on individual responsibility. Because of the child-bearing responsibility of women -- as distinguished from child-rearing -- a structural approach towards the problem of inequality was needed in Slovakia. The "openness" of funding for implementation of the Programme of Action was worrisome. The name of the Committee for the Problems of Women should be changed. The challenge was to society, not women, and the challenge was how to provide equal opportunity for everyone.
A practical suggestion, the expert said, was for Slovakia to monitor legislation, its own and that of others. The Coordinating Committee should be changed into a ministry at a cabinet rank and temporary measures should be stronger, as in the case with the education of women in the technical field. An affirmative action programme was needed, and the importance of NGOs could not be stressed enough, especially in awareness-raising and education.
Remaining problems for Slovakia to focus on, she continued, included job segregation between men and women, the absence of equal pay and the decrease in funding for child-care, which affected women's equality in employment.
Concerns were also expressed about the consequences of repeated abortions.
Other Statements
ZUZANA VRANOVA, Director of the Bratislava International Centre for Family Studies, said that the name of the Coordination Committee for the Problems of Women was being considered. Efforts were being made to mainstream gender issues and develop an equal opportunities body. Regarding concerns about pre-school children, she said that nursery schools were paid for by communities, while kindergartens were paid by the State. Five-year parental leave was not compulsory, she added.
MILAN JEZOVICA, Director of the Human Rights Department, Ministry of Foreign Affairs, said he shared the Committee's opinion that, without practical measures, the Convention would not be useful. Therefore, in its consideration of practical measures, Slovakia would follow the comments made by the Committee members. The delegation had tried to express Slovakia's attitudes on temporary measures, which had to do with measures in past years that had resulted in formalities. If any temporary measures were to be adopted, their aim was to ensure sufficient guarantees for rights.
SALMA KHAN (Bangladesh), the Committee's Chairperson, noted that the Slovak Government demonstrated deep respect for human rights and had withdrawn its reservation to article 27.
However, it was a matter of concern that women in Slovakia lacked opportunities in many areas, she said. Slovakia maintained the supremacy of maternity. This approach reflected the basic value system of the society, but it also tended to reinforce stereotyped gender images. Further, it might have resulted in misinterpretation of quotas, so that women did not understand the essence of temporary measures. The Committee members deemed such measures as one of the strongest tools available through the Convention to advance the equality of women.
Despite the country's high economic performance, women still faced serious economic hardships, she noted. The Government should consider the implementation of measures to address traditional social views. Special measures were often an effective way to address those views. Due in part to the high priority it accorded to human rights instruments, Slovakia stood a good chance of fulfilling its obligations under the Convention in a short period of time. The country's vibrant NGO movement was another strong point.
She hoped Slovakia's next report would show very high levels of compliance with the Convention. She also hoped that the Committee's concluding comments, to be issued in its report, would be widely disseminated in the country.