消除对妇女歧视委员会审议捷克共和国的报告（部分翻译）

捷克共和国政府办公室人权与少数群体保护部部长安德烈·巴索瓦（Andrea Baršová）呈报了报告，并表示除了2009年通过的反歧视法，该法案强化保护妇女在生活中的关键领域免受性别歧视和性骚扰，政府通过了捷克共和国2014年至2020年男女平等战略，涵盖性别陈规定性、立法、数据收集、性别平等和与利益攸关方的合作。政府还同意签署《欧洲理事会防止和反对针对妇女的暴力和家庭暴力公约（Council of Europe Convention on Preventing and Combating Violence Against Women and Domestic Violence）》。2015年通过的《罗姆人融入战略》要求为罗姆男童和女童提供与其他儿童同样的机会。新的《移民政策战略》强调了移民的积极方面，同时抨击了与移民相关的负面现象与风险。

在随后的对话中，委员会成员对捷克共和国开展的法律改革表示欢迎，但对缺乏落实表示关切，尤其是在诉诸司法方面。专家们提出了对少数群体妇女的状况的关切，特别是罗姆人少数群体、移民和寻求庇护者。罗姆妇女在健康、教育和就业领域面临着歧视，在公共层面任职人数不足。专家们在多个场合提到了过去强迫绝育的问题，对缺少为该做法受害者提供补救方式的措施表示遗憾。残疾妇女在家庭生活方面受到了过度的限制，特别是在婚姻和养育子女的责任方面。

巴索瓦女士在总结发言中对委员会主席和成员表示了感谢。代表团将适当考虑委员会提出的意见和建议。

委员会主席林阳子（Yoko Hayashi）在总结发言中对缔约国的努力表示称赞，并鼓励其落实委员会将制定的建议。

捷克共和国代表团成员包括以下部门代表：政府办公室，教育、青年和体育部，卫生部，司法部，内政部，劳工和社会事务部，外交部以及捷克共和国常驻联合国日内瓦办事处代表团。

委员会将在2月24日（周三）上午10点举行下一次公开会议，审议瓦努阿图的第四和第五次定期报告（CEDAW/C/VUT/4-5）。

报告

捷克共和国的第六次定期报告请见：CEDAW/C/CZE/6。

Presentation of the Report

ANDREA BARŠOVÁ, Director of the Human Rights and Minority Protection Department of the Office of the Government of the Czech Republic, said that fundamental rights and freedoms were guaranteed in the Constitution, and the prohibition of discrimination against women was a fundamental part of the legal system of the Czech Republic, with the 2009 Anti-Discrimination Act strengthening the protection of women from gender-based discrimination and sexual harassment in major areas of life. An amendment to that Act had been presented to the Parliament, and would introduce the concept of public actions brought by the Ombudsperson in discrimination cases. Since 1998, the Czech Government had annually adopted a national action plan for gender equality. The Government Council for Equality of Women and Men, established in 2001 and composed of experts from different ministries and agencies, non-governmental organizations (NGOs) and academia, continued to play a major role in setting the gender agenda and in submitting recommendations to the Government. Further, the Government had adopted the Strategy for Equality of Women and Men in the Czech Republic for 2014-2020, which covered eight main strategic areas based on the Beijing Declaration and Platform for Action. The Strategy also covered horizontal strategic areas such as gender stereotypes, legislation, data collection, men and gender equality, and cooperation with stakeholders. Its implementation was monitored through indicators by the Gender Equality Unit and the Council for Equality of Women and Men.

One of the priorities of the Government was gender equality in the labour market. The employment rate of women aged 20-64 was over 64 per cent in 2015, and the gender pay gap had decreased from 24 per cent in 2010 to 21.6 per cent in 2015. Women, however, still faced challenges and barriers in balancing their professional and private lives. The Government was working on legislative measures to increase the transparency of wages in order to narrow the gender pay gap. It had also adopted the Act on Children in 2014, which provided the legal framework for providing childcare services. The Government had implemented a number of laws and policies for the prevention and elimination of all forms of violence against women and girls, including the Act on Victims of Crimes and a new Action Plan for the Prevention of Domestic and Gender-based Violence. The Government had finally agreed to sign the Council of Europe Convention on preventing and combatting violence against women and domestic violence (the Istanbul Convention), and had authorized the Minister of Justice to initiate legislative measures towards its ratification.

After referring to the Government’s efforts to promote the rights of women at the regional and international levels, Ms. Baršová turned to the situation of women belonging to minorities. The Roma Integration Strategy adopted in 2015 required that Roma boys and girls be provided with the same opportunities as other children. In 2015, an amendment to the Education Act guaranteed that schools provided children with support measures. In response to the current crisis, the Government had adopted, in July 2015, a new Migration Policy Strategy underscoring the positive aspects of migration while battling the negative phenomena and risks associated with migration. Summing up, Ms. Baršová said that the Czech Government had undertaken a number of specific and ambitious measures to improve women’s rights and gender equality. Challenges however remained, she said, with women earning more than 20 per cent less than men, women being under-represented in politics and decision-making positions, lack of childcare facilities and continuing gender-based violence. The Government was aware of these challenges and would continue its efforts to achieve gender equality and empower women. It would also continue to focus on women facing multiple disadvantages.

Questions by the Experts

The Committee regretted the repeated lack of disaggregated data based on gender, which would allow it to assess the effectiveness of the Government’s efforts to promote gender equality and combat violence against women. An Expert asked what measures had been implemented to obtain statistical data on violence against women and on multiple discrimination faced by women from minorities, particularly in the areas of health and education.

Turning to the legislative and institutional framework, Committee Members welcomed positive achievements regarding the creation of Governmental bodies dealing with gender equality. They raised concerns about the lack of resources allocated to the Gender Equality Unit, and about the instability of its mandate, which greatly affected its ability to fulfil its functions. Was the Gender Unit cooperating with non-governmental organizations (NGOs)? Would it work with NGOs on the implementation of recommendations by the Committee?

Severe concerns were raised regarding the implementation of legislation prohibiting discrimination. Indeed, the number of convictions for cases of discrimination against women was extremely low. There seemed to be serious problems regarding access to justice, which the Ombudsman had actually pointed at. Would the Government introduce free legal counsel?

On forced sterilization, Experts asked what steps had been taken to provide remedies to the victims and to prevent reoccurrence. Why had the Government rejected the draft Bill on compensation for the victims?

An Expert welcomed that the Government had adopted a new policy on migration, which recognized the positive dimension of migration. The anti-immigration and anti-Islamic rhetoric in the country was very unfortunate. What effective and concrete steps had the Government taken to apply gender-sensitive protection measures in the context of the current refugee crisis?

Temporary special measures as per Article 3 of the Convention sought to ensure that women actually experienced substantive equality. Without such measures, there could be no substantive equality, an Expert said. The Committee commended the Czech Republic for the implementation of strategies for increasing the participation of women in public life. What positive measures had been implemented to achieve the Government’s goals of 40 per cent of women’s representation. What measures had been taken to increase the representation of Roma women?

Replies by the Delegation

The Government was committed to improve the collection of disaggregated data. The collection of data on minorities was a sensitive issue. The Government did not have good data on minorities as persons identified as minorities based on subjective criteria. Statistics were collected regarding gender violence. The Czech Republic would work with its European partners for the elaboration of an international platform to compare statistical data collection. Nationally, the Government Council for Equality of Women and Men collaborated with NGOs on data collection.

The mechanism to provide compensation to the victims of forced sterilization was not approved by the Government for political reasons, a delegate said. Compensation had however been awarded by Courts on a case by case basis. These cases were 50 years old, and medical records from that period were not available. There had been no recent case of forced sterilization. To prevent involuntary sterilization in the future, a law guaranteed that doctors could only perform sterilization with the informed consent of the patient. Information had to be given to the patient before a witness, and the mental health of the patient had to be taken into account. Forced sterilization was understood as an issue of improper delivery of health services. There was a strong consensus against that practice and in favour of the requirement of free and informed consent.

With regards to access to justice, a delegate acknowledged that barriers remained and that the number of cases brought under the Anti-Discrimination Act was indeed low. Public actions brought by the Ombudsperson would be made possible by an amendment to be presented by the Government. Courses and seminars on gender discrimination and gender-based violence had been organized for law-enforcement officials. The Government was working on reducing court fees for discrimination-related cases.

Turning to migration, a delegate said that in order to combat hate speech and rhetoric against migrants, the Government had initiated a “hate-free” media campaign. The migration issue was taken very seriously. The Government paid specific attention to migrants in need, including asylum seekers. The Government provided accommodation, social care and legal counselling to asylum seekers. The Government had also updated its policy on integration for regular migrants, which helped them to access employment.

On the legislative and institutional framework, the delegation noted that the budget of the Gender Equality Unit had been reduced during the economic crisis, but had returned to normal now. That unit was a governmental body, in charge of coordinating and developing gender-related policies. It worked in cooperation with the Ombudsman Office, which was independent and referred to the Parliament. The Government Strategy for Equality between Women and Men had defined gender equality as a cross-cutting issue for all Government policies. Each Ministry had a gender focal point. The whole idea of the Government Council for Equality of Women and Men was to strengthen cooperation with non-governmental organizations in the field of women’s rights. Committee recommendations would be implemented in close cooperation with civil society organizations

On temporary special measures, a delegate said that there was a widespread feeling against quotas within the population, and underlined the need to seek gender representation through other means, including awareness-raising efforts. There were public debates on temporary special measures. Political parties had adopted internal positive measures to ensure a better representation of women. The European Union Directive on Gender Equality, which sought to increase the participation of women in the private sector, would be approved by the Government. The action plan for the equal participation of women would be submitted to the Government within a month. It covered the areas of business, politics and public participation.

Questions by the Experts

An Expert noted that measures had been taken to address patriarchal attitudes and stereotypes on women’s role in society and the family, and asked what measures had been taken to combat sexist attitudes and discrimination against women in the private sector. Questions were raised as regards efforts to combat negative stereotypes in the political and cultural spheres. What measures were being taken to combat hate speech against Roma persons?

Turning to violence against women, an Expert commended improvements in the legal system, particularly with regards to the protection of victims. Legal provisions and action plans however seemed to focus only on preventing violence and to fail to address violence occurring presently. Further, the legislation seemed to focus on domestic violence and failed to address violence against women as a specific area. Experts welcomed that the Czech Republic would soon ratify the Istanbul Convention. Questions were also raised regarding training on violence against women for police officers. How many shelters were there for victims of violence against women? Where were they located? An Expert noted that forced sterilization caused severe human rights violations. Was there a specific legal provision prohibiting stalking, including online? A question was asked as to the definition of rape and related case law.

With regard to trafficking, a Committee Member sought information regarding measures taken to protect women and girls trafficked for sexual purposes. Was assistance provided to all victims of trafficking, irrespective of their countries of origin? What had been done in terms of regional cooperation and agreements to combat trafficking?

An Expert asked whether the new law regulating prostitution was still pending consideration. What was its content and aim? Would it legalize prostitution? Would the Government provide exit programmes to women willing to leave prostitution?

Replies by the Delegation

Eighty per cent of the victims of violence were women. The majority of the provisions of the Istanbul Convention were already included within the Czech legislation even if it had not yet been ratified, the delegation said. To assist victims of domestic violence, 17 intervention centres had been established to provide social, psychological and legal assistance to the victims. These centres worked with interdisciplinary teams comprising both magistrates and non-governmental organizations (NGOs). They were funded by the Ministry of Labour and Social Affairs, as well as the regions and cities involved. They specialized in domestic violence, but not exclusively. Four secret shelters had been set up to protect the most at-risk victims. The Government planned to create one in each of the 14 regions of the country. Police officers were systematically trained on gender-based violence at the time of their appointment and throughout their career. Medical services for victims were completely covered by public health insurance. Stalking was a criminal offense, a delegate said. Cyber-stalking was explicitly recognized as a component of stalking. Regarding rape, a delegate said that dependency and the difference of powers between genders fell under the offence of sexual submission.

On the issue of stigmatization, a delegate said that labour inspectors controlled equal treatment in the private sector and were cooperating with NGOs. The Office of the Government also ran a grant programme for NGOs promoting gender equality. Some of the supported programmes were connected to addressing patriarchal attitudes and gender stereotypes. The Ministry of Trade had created a methodology in December 2015 for its regional offices to prevent sexist advertisement. The Special Council for Romani Affairs dealt with issues specifically linked with the Roma minority. The State promoted the notion of emancipation and encouraged the Roma minority to decide on its status.

There was no pending law concerning prostitution, a delegate said, as there were divergences on that issue. There was, however, a consensus on the need to protect women and to offer exit programmes.

Questions by the Experts

Moving to issues relating to the participation of women, an Expert commended the high representation of women within the judiciary. She regretted that women, in particular Roma women, continued to be under-represented in the political and public life, including in Parliament and the Government. It was asked whether the Czech Republic tried to promote the nomination of women within international bodies and tribunals.

On nationality, a Committee Member noted that a new law on citizenship provided for detailed conditions for the issuance of the Czech nationality, including requirements in relation to knowledge of the language. The law allowed dual citizenship. It contained, however, discriminatory restrictions for children born out of wedlock from a Czech father and a foreign mother.

Replies by the Delegation

On the issue of nationality, the delegation said that the legislation did not prevent the possibility to obtain the Czech citizenship for children born out of wedlock from a Czech father and foreign mother. There was specific tools for the competent authorities to verify the joint recognition by parents.

With regard to the representation of women, a delegate said that women made up 17 per cent of Czech ambassadors. The Ministry of Foreign Affairs had established a kindergarten, which was widely used by female diplomats. Home office, part-time jobs and other work arrangements were made available to women.

Questions by the Experts

Addressing the issue of education, a Committee Member asked what measures had been taken to eliminate discrimination in the education system, and whether text books had been revised with a gender-equality perspective. Questions were raised also regarding measures to address drop out, discrimination against Roma children, and to ensure inclusive education. The Expert also asked about measures to increase the participation of women in higher scientific education. Had measures been taken to address discrimination against women in access to higher academic positions?

An Expert reiterated concerns regarding forced sterilization, which was a violation of women’s right to health, and particularly to sexual and reproductive health. The Government’s decision not to grant reparation to the victims was a matter of grave concern. Further, there were gaps in the Government’s efforts to ensure non-repetition of these violations, as the legislation regulating sterilization seemed to refer to the subjective notion of “intellectual maturity”.

Turning to the question of employment, an Expert regretted limited progress in this field since the last review of the Czech Republic by the Committee. Vertical and horizontal discrimination, as well as wide gender pay gaps, were matters of concern for the Committee. The low minimum wage contributed to poverty among women. There was also a concern regarding the Government’s strong support to flexible work, which could lead to more women being forced into involuntary part-time work. Also, migrant women, Roma women and women with disabilities faced restrictions in accessing the labour market. Women, particularly women from rural areas, made up a large proportion of those living below the poverty line, one Expert noted. The delegation was asked how it had supported women’s investments and the participation of women in agriculture.

Referring to the refugee crisis, an Expert underlined the particular vulnerability of migrant women and the importance of ensuring their protection.

With regard to family life, an Expert expressed concerns over restrictions imposed on women with mental disabilities to enter into marriage. Furthermore, the State did not provide any additional support for women with disabilities taking care of children. Continuing, the Expert referred to restrictions to the possibility for Ukrainian women to obtain visas, hence restricting family reunification.

Replies by the Delegation

The education system was de-regulated and decentralized, meaning that the State had few tools to interfere with education. Text books did not have to be approved by the Ministry of Education to be used in schools. The Ministry had issued guidelines for text books providers on how to include a gender perspective. Similarly, the Government could not interfere to increase the participation of women in higher education or academia. The Government had adopted an amendment to the Education Law to ensure that the special education needs of some children were met. That amendment would enter into force in September 2016. The action plan for inclusive education concerned Roma children as well. The Government was supporting programmes to ensure the inclusion of Roma children at the elementary and secondary levels.

Turning to health-related issues, a delegate said that hysterectomies were conducted as an emergency measure. Sterilization could only be approved with the free and informed consent of the patient and, where applicable, their guardian, taking their mental abilities into account. Sterilization had become very rare and highly regulated since 2011. Medical records from the Communist era were mostly lost. Reportedly only 100 women had been subjected to forced sterilization at that time. It was an issue of the past. Moving on, a delegate said that most migrants were covered by public health insurance. New legislation would create an obligation of public insurance to be provided to all migrants.

On employment, the delegation stressed that progress had been made to reduce discrimination against women. The Government had increased the minimum wage in January 2016. The gender pay gap had been reduced. The Government would create an online “pay calculator”, and was conducting awareness-raining campaigns. Further, the Government proposed a law to force employers to propose full-time jobs as a priority, and would increase parental allowances. Although the Czech Republic was a small country, there were disparities between rural and urban areas. The Government was determined to improve the economic situation of women. It had approved the creation of social housing, including for single mothers and victims of violence.

The Government had not been prepared to adequately face the flows of refugees arriving in the country in 2015, a delegate said. A national plan on integration had been in place for many years, and concerned persons were under international protection status. That plan constituted of activities and courses for migrants, with a focus on the most vulnerable populations, including women and children.

On family issues, a delegate said that the electronic system for obtaining visas was not fully functional. That problem had already been brought to the attention of the Government, which would take necessary measures. Deprivations of legal capacities were illegal, a delegate said. Only restrictions of legal capacities could be permitted by a Court in certain circumstances, with periodic reviews. Such restrictions did not necessarily mean restrictions of parental responsibilities. Parental responsibilities were only restricted on a case by case basis, with the best interest of the child being the main consideration.

Concluding Remarks

ANDREA BARŠOVÁ, Director of the Human Rights and Minority Protection Department of the Office of the Government of the Czech Republic, thanked the Chairperson and the Members of the Committee. The delegation would give due attention to the recommendations and observations by the Committee.

YOKO HAYASHI, Chairperson of the Committee, commended the State party’s efforts and encouraged the implementation of the recommendations which would be formulated by the Committee.

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