Committee on Economic, Social and Cultural Rights considers the report of Uruguay

Committee on Economic, Social     
  and Cultural Rights  

1st June 2017

The Committee on Economic, Social and Cultural Rights today concluded its consideration of the fifth periodic report of Uruguay on its implementation of the International Covenant on Economic, Social and Cultural Rights.

Introducing the report, Ricardo González Arenas, Permanent Representative of Uruguay to the United Nations Office at Geneva, underlined that without economic development, it was not possible to implement human rights for all.  To that end, Uruguay had substantially increased the social well-being of the general population.  Poverty and extreme poverty reduction had been a priority for the authorities since 2010 and today there was almost no extreme poverty in the country.  Public policies aimed at achieving macroeconomic stability, combined with policies on social inclusion and equality, had improved the quality of life in the country and the better enjoyment of economic, social and cultural rights. 

In the ensuing discussion, Committee Experts acknowledged the great progress made by Uruguay in past years, leading to the highest literacy rate in Latin America, a low corruption rate and high economic growth, which was evenly distributed throughout society.  They highlighted the issues of child poverty, which was mostly prevalent among persons of African descent, delays in receiving migrant identity papers, completion levels of primary and secondary education, discrepancy in the realization of rights between the capital and the rest of the country, employment of persons with disabilities, the gender wage gap, the criminalization of homelessness and relocation of irregular settlements, access to sexual and reproductive health services, healthy food habits, legalization of marijuana use, and access to cultural heritage by minority groups.   

Mikel Mancisidor, Committee Expert and Country Rapporteur for Uruguay, in concluding remarks, acknowledged the quality and sincerity of the dialogue with the delegation of Uruguay.  He said that the Committee would make an effort to come up with targeted conclusions and recommendations, highlighting the need to circulate them publicly in the country.  

In his concluding remarks, Mr. Gonzalez Arenas thanked the Committee for the mutually enriching dialogue.  He noted that complacency was the greatest risk, adding that the Government should remain vigilant and proactive. 

The delegation of Uruguay included representatives of the Ministry of Foreign Affairs, and the Ministry of Social Development.

The Committee will next meet in public today at 3 p.m. to consider the sixth periodic report of the Netherlands (E/C.12/NLD/6).

Report

The fifth periodic report of Uruguay can be read here: E/C.12/URY/5.

Presentation of the Report

RICARDO GONZÁLEZ ARENAS, Permanent Representative of Uruguay to the United Nations Office at Geneva, stressed the commitment of his country to foster the universal promotion and protection of human rights, adding that Uruguay had ratified all international human rights and that it maintained an open invitation to experts and Special Procedures.  Between 2012 and 2017, Uruguay had presented national reports to nine human rights committees.  In 2016 Uruguay had created a permanent mechanism to follow-up on the implementation of the Committees’ recommendations, and to elaborate future periodic reports.  Mr. Gonzalez Arenas underlined that without economic development it was not possible to implement human rights for all.  To that end, Uruguay had substantially increased the social well-being of the general population.  Poverty and extreme poverty reduction had been a priority for the authorities since 2010 and today there was almost no extreme poverty in the country.  Public policies aimed at achieving macroeconomic stability, combined with policies on social inclusion and equality, had improved the quality of life in the country and the better enjoyment of economic, social and cultural rights. 

At the same time, the Government was aware that it was necessary to consolidate and deepen those advancements through the fight against different forms of discrimination.  There were still multidimensional forms of exclusion that persisted and more needed to be done to ensure the full enjoyment of economic, social and cultural rights by the most vulnerable groups, namely persons with disabilities, persons of African descent, migrants, children and adolescents, rural women and lesbian, gay, bisexual, transgender and intersex persons.  Mr. Gonzalez Arenas noted that Uruguay had worked to implement the Committee’s recommendations made in 2010, notably the establishment of the national human rights institution, national census of 2011, progress in the collection of statistical data, adoption of legislation on the rights of persons with disabilities and their access to employment, and a normative framework for the inclusion of persons of African descent in the labour market and education.  The Government would continue to maintain a constructive dialogue with the Committee, which would allow it to identify further challenges and ways for improvement.      

First Round of Questions by Experts

MIKEL MANCISIDOR, Committee Expert and Country Rapporteur for Uruguay, acknowledged the huge progress made by Uruguay in the past years.  It was the country with the highest literacy rate in Latin America and enjoyed a low corruption rate and high economic growth, which promoted social equality. 

As for the applicability of the Covenant in domestic law, was it true that full applicability was still not possible? What were the reasons behind this?  How was the country report drafted and had civil society participated in the drafting?  Was there a follow-up procedure for the Committee’s recommendations?

Speaking of discrimination, Mr. Mancisidor reminded that a certain percentage of people of African descent was disadvantaged and suffered from discrimination.  The percentage of child poverty was also worrisome.  Another aspect of discrimination was the distance of the capital from the rest of the country.  Immigration in Uruguay was a new problem for the implementation of economic, social and cultural rights.   Sometimes there were long delays in obtaining identity documents.

The Violence against Women Act, which was currently being discussed, seemed to be a law of broad coverage of international standards, but its implementation had been delayed.  What were the details of that act?
 
Responses by the Delegation

The direct applicability of the Covenant in domestic law was enshrined in the Constitution and constitutional hierarchy.  All inherent rights to human persons not listed in the Constitution also had constitutional hierarchy.  If a right was acknowledged in international law, but it was not mentioned by the Constitution, it was still protected.  The lack of legal provisions on specific rights did not represent a barrier to the implementation of that right. 
         
The drafting of the fifth periodic report had been carried out by State bodies and in consultation with civil society.  All stakeholders had been present in the drafting of responses to the Committee’s list of issues.  A mechanism had been created to ensure follow-up on the implementation of the Committee’s recommendations. 

Speaking of discrimination, the delegation noted that Uruguay had focused on persons of African descent and persons with disabilities.  The Honorary Commission did not have its own budget, but its role would be expanded.  From 2011 and 2014, the number of university scholarships for Afro Uruguayans had risen, as well as in their entry to the State administration.  There was a gap between Afro descendants and non-Afro descendants in the country in terms of economic reality, and persons of African descent continued to be victims of discrimination. 

As for the Violence against Women Act, it was part of legislation to prevent domestic violence.  The delegation would appreciate the Committee’s recommendation on its adoption. 

With respect to child poverty, that problem was most prevalent among persons of African descent.  For the first time in decades, child poverty had dropped.  There had been an increase in the number of requests for identity papers in Uruguay, which was why the issuing of such documents was taking longer. 

Referring to the discrepancy between the capital and the rest of the country, the delegation explained that there had been a process of decentralization.  With a population of only two million people, the only way to effectively reach all inhabitants in the country was through decentralization and local instruments.  Current decentralization policies with respect to education would also have impact on other areas. 
 
Follow-up Questions by Committee Experts

To what extent did human rights education in Uruguay cover the Covenant rights in practice?  Was the delegation aware of the Committee’s jurisprudence on the Covenant rights?  Experts expressed concern that the Committee’s recommendations had not been taken on board. 

Experts acknowledged Uruguay’s pioneering laws in the domain of social rights.  Civil society organizations, however, noted that the protection of rights should be collective.  Was there any intention to modify the system of access to the judicial system? 
Uruguay did not seem to have a general law to address discrimination.  How was the decentralization of education envisaged?

MIKEL MANCISIDOR, Committee Expert and Country Rapporteur for Uruguay, reiterated his question about the mandate of the Honorary Commission to deal with discrimination and inequality complaints, and the protection of the rights of persons of African descent.
Were there policies and programmes to guarantee that former immigrants could return to their country in a dignified manner?  Mr. Mancisidor also referred to certain legal provisions that discriminated against women, such as the limited period for re-marriage.  Such laws should be amended.
 
Responses by the Delegation

The delegation noted that several of the Committee’s recommendations had been complied with.  Major efforts had been made to design active policies, such as those in the areas of the inclusion of persons of African descent in employment and health.   Uruguay had made the issue of inequality more visibly notable, including the gap between persons of African descent and the rest. 

The Honorary Commission had not had huge resources at its disposal.   That were many instances in which the Covenant had been invoked by domestic courts, especially in the labour law and discrimination.  There were training programmes for judges and magistrates on the direct applicability of the Covenant.  There were various ways to challenge court rulings. 

In 2016, Uruguay saw the beginning of human rights education.  Training in human rights was being implemented in all national institutions.  The decentralization of education was aimed at bringing access to education by students throughout the whole country.      

As for persons with disabilities, the current law did not contain provisions for discrimination through denial of reasonable accommodation.   A draft law that promoted the hiring of persons with disabilities in the private sector was pending.

The current law to fight racism, xenophobia and discrimination was within the criminal fold, which was a source of criticism.  A unit for victim protection had been established.  There were policies for inclusion in employment, including a quota for persons of African descent, women and youth. 

Speaking of the return of Uruguayans to their country, the delegation said that there was a need for institutional response to allow the returnees to enjoy their economic, social and cultural rights.  Uruguay had decided to accede to the Hague Convention to facilitate the return of its citizens from abroad.  After a long debate, relevant legal changes had been made, such as the provision of granting Uruguayan citizenship to Uruguayans born abroad.  

There had been modifications to civil law regarding equality in marriage for men and women.  The law on gender discrimination built on international standards, and a law criminalizing femicide had been passed. 

There were some 80,000 migrants in Uruguay from Mercosur countries, mostly from Venezuela and Brazil.  Uruguay maintained an open attitude towards human mobility and migration. 
 
Second Round of Questions by Experts

Experts raised the question of the National Strategy for Job Creation and relevant statistics.  Had measures to combat unemployment and the informal labour sector been effective? 

What specific measures had been undertaken to promote the employment of persons with disabilities?  What measures were being taken to fight discrimination against persons of African descent in the labour market?  What measures had the State taken to prevent the wage gap affecting women, migrants and youth?  What was the effective legal framework to defend the right to strike and to sanction sexual harassment in the workplace?  What kind of social protection for freelancers was in place? 
 
Responses by the Delegation

The unemployment rate had shown a continuous decline.  The employment gap between men and women had been closing, particularly in 2015 since between 2006 and 2015 the level of employment among women had increased by 1.3 per cent.  Among young people, 6.7 per cent were receiving benefits because of disability.  The overall unemployment rate in 2015 stood at 7.2 per cent. 

Inequality of income had slowed down.  The principle of equal pay for equal work had particular derogations.  Collective bargaining agreements included a specific gender dimension to address wage gaps.  There were cases when migrants received remuneration well below the general level of wages due to the fact that they took on jobs that required a lower level of job skills.  The work that was not correctly remunerated in the informal sector had been tackled through increased labour inspections. 

One minimum wage was not sufficient to purchase the basic necessities, but in most cases families received two minimum wages.  On average, women earned lower incomes.  As for access to social security, there was an overall increase in social security payments between 2011 and 2015. 

As for the progress made in sanctioning sexual harassment in the workplace, in 2009 a relevant law had been adopted.  However, a high number of complaints had been recorded in the private sector.   Clauses made references to prevention and sanctioning of sexual harassment.  The State had attempted to set up units applying gender equity policies and to work with human resources departments to prevent sexual harassment.   On many occasions the evidence was considered to be insufficient.

Speaking about the access to justice by persons with disabilities, the delegation noted that access to justice was guaranteed by the Constitution, especially in cases when persons did not have the means to access justice and were in a situation of particular vulnerability.  The right to be heard and counsel assistance were also guaranteed by the new Criminal and Civil Code.    
 
Third Round of Questions by Experts

Experts drew attention to the fact that completion levels of primary and secondary education varied greatly depending on the household’s monetary income: only 10.9 per cent of lower-income children and adolescents completed the upper secondary level of education.  What was being done to avoid the perpetuation of such socio-economic segregation?

What was being done to ensure adequate monitoring of compliance with the 1981 International Code of Marketing of Breastmilk Substitutes, which was incorporated in Uruguay’s legislation, but the sanctioning mechanism only covered the capital city of Montevideo? 

What provisions existed to oblige employers to allow for breastfeeding in the workplace?

Experts noted that the consumption of ultra-processed products with high levels of sugar, fat and sodium had increased steadily in recent years, adding that Uruguay had the largest percentage of obese children in the region.  What had been done to discourage the consumption of such products?  It was also noted that the quality of water had deteriorated due to agricultural activities.  What efforts were being made to reduce the use of pesticides in agriculture?

As for the right to housing, Experts raised the issue of the relocation of irregular settlements in the country.  Under which conditions had such relocations taken place?  Was the criminalization of homelessness applied in fact?

What lessons could be drawn from the new policy on liberalization of the production and sale of marijuana?  There were concerns about the access to contraception and sexual and reproductive health services in rural areas, particular in light of the extension of the exercise of conscientious objection among medical practitioners. 

It appeared that the Mental Health Care Oversight Commission lacked independence because it was part of the Ministry of Health.  What lessons had Uruguay drawn from its legal battle against Philip Morris, which it had won in July 2016? 
 
Responses by the Delegation

Uruguay’s Constitution recognized expressly the right to strike, and it also recognized the right to form trade unions.  In practice there was a social dialogue to settle dispute settlements between employers and workers.  The active role of the State had led to a drop in wage gaps.

Disability in education was a topic of concern for everyone in Uruguay and much remained to be done.  Intensive work had commenced regarding physical disability in order to provide physical accessibility.  However, other questions, such as resource centres for hearing and visual impairment, and the development of curriculum for autistic children, also had to be considered.  The aim of those resource centres was to come up with ways of reasonable integration in education.  A protocol on inclusive education had been adopted a month ago, covering both public and private education. 

As for the salary gap between men and women, between 2006 to 2015, the rate of female employment showed that women had been stimulated to join the labour market.   Some 73 per cent of women held university degrees, but that was not duly reflected in salaries.  The gender salary gap was still evident in the labour market in all fields and it was increasing.  The Government’s policy was focused on a tripartite collective bargaining system, which was hoped to narrow the salary gap.  Changes in the general culture were needed to effect real improvement in that sector.

There was a long tradition of social protection in the country.  Pensions and family allowances had always existed.  In past years, the idea had been to develop a network of social assistance to the most vulnerable groups.   An emergency programme had been drawn up to allow people in dire situations to access basic services; 24,000 families had used the system of “simple cards,” whereas 32,000 families used the so-called “double cards,” which were meant for the most vulnerable families.

Inequalities of inclusion of young people in the education system had been identified in Uruguay.  A series of measures had been implemented at the municipal level to improve the inclusion of young people.  Reports on the education gap at the secondary level in 2010 and in 2016 had shown that 45 per cent in 2010 and 52.7 per cent in 2016  of adolescents completed their secondary education.  Thus, improvement was slow but steady.  The Government had drawn a protocol on inclusion and prevention.  The number of the adolescents not enrolled in secondary education had been reduced by half.

As for the implementation of the 1981 International Code of Marketing of Breastmilk Substitutes, the delegation explained that a law regulating that area had been put in place.  In the most recent collective bargaining, it had been agreed that workers in the private sector would have the same right to parental leave as workers in the public sector, and that breastfeeding mothers would have shorter working hours.  A nation-wide breastfeeding survey had been carried out, and another one would be carried out in 2017.  All boys and girls received educational kits promoting breastfeeding.  Lactation consultants operated within the family support programmes, whereas training on breastfeeding had also been carried out.  A 2017 ordinance was aimed at promoting breastfeeding and guidelines on substitute breastmilk.  The monitoring of the implementation of the Code was governed by national law and implemented by the Ministry of Health.  A bill on regularization of the Code at the national level was currently being discussed.

Speaking about combatting increasing rates of obesity in Uruguay, table salt was prohibited in restaurants, and there were information campaigns on the health risks of sodium consumption.  An inter-ministerial working group led by the Ministry of Health was analysing how to label highly processed foods.  As for the quality of water, the Government was working to address the use of pesticides in agriculture  through specific monitoring measures, soil conservation, and proper management of water flows. 

The law on the regularization of the consumption and production of marijuana had not yet been implemented fully across the country.  The process had started with the registration of marijuana producers.  A prevention and awareness raising campaign had been carried out to ensure responsible consumption of marijuana.  Those who had access to marijuana were not part of drug networks.

As for the conscientious objection to carrying out abortion by medical practitioners, the Government had put in place a contingency plan to ensure that no one was denied access to sexual and reproductive health services.  A manual of procedure on abortion had been established.  The right of medical professionals to object was recognized, but that objection was not recognized in cases when a woman’s health was in serious jeopardy.  Regarding tobacco control, Uruguay’s victory in the 2016 case against Philip Morris demonstrated that a small country with limited resources could win a dispute before international courts.  Uruguay won the case on all grounds, including damages.  The main lesson of the case was that public health concerns were placed above private interests. 

Speaking of mental health, the delegation informed the Committee that the old Psychopath Law would be replaced by a new law, which was currently under discussion in Parliament.  Civil society was taking part in deliberations.  The new law was a fundamental step in establishing a new legal framework to govern the field of mental health.

The relocation of irregular settlements was not done forcibly.  People in those settlements received different kinds of support and information by social workers in order to adapt to new homes.  Complaints occurred only in cases of squatting.   As for the criminalization of homelessness, that crime was enforced by judges reasonably and it was never used when there was peaceful occupation of buildings with owners’ consent.  Both parties were heard and the process was public and written.  Eviction would follow only after thorough investigation of circumstances.  The offence of undue occupation of public spaces carried out a sentence of seven to 13 days of community work. 

Follow-up Questions by Experts
 
Experts noted that regulations on the abuse of pesticides and hormones were seldom implemented.  What was the rate of cancer in the country, and to what extent was it related to the contamination of food and water by pesticides and hormones?

The lack of proper sanitation in rural areas had contributed to high school dropout rates, in particular among girls.  What had been done to address that situation?  What was the country’s policy on climate change?  What kind of sustainable energy sources were in use?

One Expert sought clarification of the provision of the Criminal Code on the occupation of public space, referring to the eviction of a Guaraní park in Montevideo.  Were homeless people specifically targeted by that provision?

In terms of measures to tackle obesity and excessive salt consumption, what had been done in areas outside the capital city?  Was there a duty to refer the patient to another medical practitioner in the context of conscientious objection to abortion?

How efficient was the law on an employment quota for persons with disabilities?  There was no comprehensive law on gender-based violence.  What measures did the Government plan to take?

As for access to expensive medicines, what measures had been taken to ensure that access was in line with the right to health?  The criminalization of quantities above those for personal consumption seemed subjective.

MIKEL MANCISIDOR, Committee Expert and Country Rapporteur for Uruguay, raised the question of minimum wage.  How was it ensured that the minimum wage allowed for a dignified life?  What measures had been taken to counter teenage pregnancy? 

Concerning the law on the occupation of public space, what guarantees were made to ensure that the evicted people would receive alternative accommodation?  What had been done to counter anti-vaccination campaigns in the country?
 
Responses by the Delegation
 
Speaking of the use of pesticides and hormones and its impact on cancer rates, studies had shown that diet and tobacco were the main causes for cancer.  As for the sanitation issues, it was true that lack of sanitation and water contamination was a serious issue in some parts of the country.  Climate change was another serious concern and Uruguay had been implementing measures towards the use of clean energy.  The political strategy on renewable energy sources was a priority for the Government.  

The Law on the Occupation of Public Space was applied to homeless people living on pavements and in parks.  Those people were provided with proper accommodation.  In addition to circumstances, such as peaceful occupation and in accordance with the owner, some other factors were also considered in order to decide whether a civil or criminal procedure would be applied.  The eviction of the Guaraní park in Montevideo was a one-of-a-kind case, which had not fit any previous eviction patterns.     

It was true that a good deal of measures to combat excessive consumption of salt had been implemented in the capital city.  However, there were also measures promoted across the country, such as in schools and bakeries.   The education system had a budget to be used specifically by schools to provide meals in canteens.  Healthy food habits were promoted in schools through the provision of nutritionally balanced and healthy meals. 

As for the conscientious objection by medical practitioners, in May 2017 a manual had been published on abortion procedures with the aim to ensure that women had access to sexual and reproductive health services.  Medical professionals who wished to object had to specify whether they objected to the entire procedure or parts of it.  When the patient went to a health professional, the professional had to inform the patient about their conscientious objection and to refer them to a professional who was not a conscientious objector. 

Speaking of disability and access to work, the delegation underlined that norms had to tie in with cultural change.  Quotas for the employment of persons with disabilities were under review.  At the moment that quota stood at four per cent.  
        
Access to expensive medicines was a multifaceted issue tied with the interest of multinational pharmaceutical companies to manipulate the market.  The Ministry of Health had taken measures with a draft law aimed at ensuring access to medicines without falling into the trap of multinational pharmaceutical companies.

The draft law on gender violence was being discussed, whereas another law would soon enter into effect.  There had been a lot of investigations into teenage pregnancies.  Two-thirds of teenagers said their pregnancies had not been planned and that they had left school before pregnancy.  The Ministry of Health and the Ministry of Education had come up with a strategy to deal with the phenomenon.  

The minimum wage allowed people to have a decent life.  It was crucial to accompany the minimum wage with other services, such as free public transport.  As for the anti-vaccination campaigns, they were the result of social movements that brought attention to certain drawbacks of vaccination.  The protection of public health was the Government’s priority.  The use of substances was not criminalized in Uruguay, but some people had been indicted based on magistrates’ decisions on what was considered to be excessive.  There needed to be a consensus on what constituted substance abuse.
 
Fourth Round of Questions by Experts

Experts raised the question of the limited or no access to education of children living on the streets. How was the issue of lowering the secondary school dropout rate with respect to particularly vulnerable groups being implemented?   What strategies were envisaged for the continuation of education for schoolgirls who became pregnant?

In the context of the right to take part in cultural life, what number of classes in the school curriculum was devoted to the study of history of indigenous people and persons of African descent?  How was adequate awareness of their cultural heritage promoted and what funds were devoted to such activities?  How did the Government ensure equal access to cultural infrastructures across the country and among different socio-economic groups?
 
Responses by the Delegation

A recent census had not shown any children living on the streets.  However, there were children living in shelters, mostly those from families affected by domestic violence.  Gender equity in education was an important priority for the Government.  Education was compulsory from the age of three and widespread access to primary education remained stable.  School attendance by vulnerable groups had been improving since 2010. 

There was a recognition at the national level of the Charrúa people and specific public policies across the country provided access to cultural heritage by minority groups.  The history of minority groups needed to be recognized and the school curriculum provided space for that purpose.  The Government was working to implement recommendations of different Committees in that respect.  Recognition of different linguistic identities was part of those efforts.

The delegation highlighted the importance of digital inclusion of children across the country, as well as the need for ensuring equal access to cultural infrastructure.

Concluding Remarks

MIKEL MANCISIDOR, Committee Expert and Country Rapporteur for Uruguay, acknowledged the quality and sincerity of the dialogue with the delegation of Uruguay.  He said that the Committee would make an effort to come up with targeted conclusions and recommendations, highlighting the need to circulate them publicly in the country.  

RICARDO GONZÁLEZ ARENAS, Permanent Representative of Uruguay to the United Nations Office at Geneva, thanked the Committee for the mutually enriching dialogue.  He noted that complacency was the greatest risk, adding that the Government should remain vigilant and proactive.  He stressed Uruguay’s serious commitment to follow-up on the Committee’s recommendations.
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