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SLOVAKIA |
Fourth periodic report of States Parties CEDAW/C/SVK/4 Annexes to CEDAW/C/SVK/4 |
CEDAW/C/SVK/Q/4 CEDEAW/C/SVK/Q/4/Add.1
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Centre for Civil and Human Rights-FIDH Global initiative to end all corporal punishment of children |
Statement |
CEDAW/C/SVK/CO/4 |
UNITED |
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CEDAW/C/SVK/CO/4 Distr. General 18 July 2008 Original: English |
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Committee on the Elimination of Discrimination
against Women
Forty-first session
30 June-18 July 2008
ADVANCED UNEDITED VERSION
DRAFT CONCLUDING OBSERVATIONS OF THE COMMITTEE ON
THE ELIMINATION OF DISCRIMINATION AGAINST WOMEN:
SLOVAKIA
1.
The Committee considered the combined second, third and fourth periodic report
of Slovakia (CEDAW/C/SVK/4) at its 847th and 848th meetings, on 14 July 2008
(see CEDAW/C/SR.847 and 848). The Committee's list of issues and questions is
contained in CEDAW/C/SVK/Q/4 and the responses of the Government of Slovakia
are contained in CEDAW/C/SVK/Q/4/Add.1.
Introduction
2. The Committee commends the State party for the submission of its combined
second, third and fourth periodic report, which followed the Committee's
guidelines for the preparation of periodic reports, while regretting that it
was submitted with a ten year delay. The Committee also commends the State
party for the written replies to the list of issues and questions raised by the
pre-session working group and for the oral presentation and responses to the
questions posed by the Committee.
3. The Committee commends the State party for its delegation headed by the
State Secretary of the Ministry of Foreign Affairs and which included
representatives of different Government ministries and departments. The
Committee expresses its appreciation for the open constructive dialogue held
between the delegation and the members of the Committee.
Positive aspects
4. The Committee welcomes the ratification by the State party of the Optional
Protocol to the Convention in November 2000, and encourages speedy acceptance
of the amendment to article 20, paragraph 1, of the Convention, concerning the
meeting time of the Committee, as announced by the delegation during the
constructive dialogue.
5. The Committee welcomes the adoption of legal measures by the State party to
eliminate discrimination against women, including
(a) the enactment, in 2004, of the Anti Discrimination Act on Equal Treatment
in Certain Areas and Protection against Discrimination, as well as its
subsequent amendments;
(b) the amendments to the Penal Code, the Code of Criminal Procedure and other
legislation, between 1999 and 2002, which criminalize violence against women,
in particular domestic violence, and introduce restraining orders for
perpetrators of violent acts; as well as
(c) the provisions of the Labour Code, and its 2003 amendment, which facilitate
reconciliation of family and work responsibilities between women and men.
6. The Committee welcomes the establishment of the Council of Government for
Gender Equality, in January 2008, which is an advisory, coordination and expert
body of the Government for the implementation of the principle of equality
between women and men. The Committee further welcomes the adoption of the
National Strategy for the Prevention and Elimination of Violence Committed
against Women and in Families, in 2004, and the National Action Plan for
Combating Trafficking in Persons, in 2006. It also notes with appreciation the
inclusion of the gender dimension in other strategic plans, including the
National Action Plan for Combating Poverty and Social Exclusion, and the
National Action Plan of Employment.
Factors and difficulties affecting the implementation of the Convention
Principal
subjects of concern
7. The Committee recalls the State party's obligation to systematically and
continuously implement all the provisions of the Convention, and views the
concerns and recommendations identified in the present concluding observations
as requiring the State party's priority attention between now and the
submission of the next periodic report. Consequently, the Committee urges the
State party to focus on those areas in its implementation activities and to
report on action taken and results achieved in its next periodic report. It
calls upon the State party to submit the present concluding observations to all
relevant ministries, to the Parliament and to the judiciary, so as to ensure
their full implementation.
Limited scope of anti-discriminatory legislation
8. While noting the measures taken by the State party to achieve equality
between women and men, the Committee is concerned at the limited scope of the
existing legislation to eliminate discrimination on various grounds, including
sex, which merely aims at equal treatment of individuals and does not fully
reflect the principle of substantive equality embodied in the Convention.
9. The Committee requests the State party to base its efforts to achieve gender
equality and the advancement of women on the comprehensive scope of the
Convention. It encourages the State party to reflect the provisions of the
Convention in all relevant legislation and in all Government plans and
policies, across all sectors and levels.
Awareness-raising and training
10. While welcoming the adoption of a new Constitutional Act No. 90/2001 Coll.
which provides that international human rights instruments ratified by the
State party can be directly invoked in national courts, the Committee is
concerned at the limited awareness, including among legal professionals, of the
provisions of the Convention and the procedures available under its Optional
Protocol. The Committee is also concerned that, although women's access to
justice is provided for by law, women's ability in practice to exercise this
right and to bring cases of discrimination before the courts is hampered by
factors such as limited information on their rights, lack of assistance in
pursuing these rights, legal costs, and an apparent tendency of the State party
to encourage women to opt for mediation rather than legal action.
11. The Committee recommends that educational programmes on the Convention, the
Optional Protocol and women's rights be introduced, in particular for all legal
professionals, including judges, lawyers, prosecutors, law enforcement
personnel as well as the public at large. The Committee requests the State
party to remove impediments women may face in gaining access to justice. It
further urges the State party to take special measures, including legal
literacy, to enhance women's awareness of their rights so that they may be able
to exercise them, as well as to encourage them to opt for legal action rather
than mediation whenever it is justified.
Temporary special measures
12. While welcoming the statement of the delegation that there is no legal
impediment to the implementation of temporary special measures in the State
party, the Committee is concerned at the lack of understanding of the scope and
purposes of article 4, paragraph 1, of the Convention which should be the basis
for the adoption of such measures.
13. The Committee recommends that the State party use temporary special
measures, in accordance with article 4, paragraph 1, of the Convention and its
General Recommendation 25, as part of a necessary strategy towards the
accelerated achievement of substantive equality for women, in all fields where
it may be deemed necessary, especially at the highest levels of
decision-making. The Committee further recommends that the Government sensitize
political parties and the public at large about the importance of these
measures.
National machinery for the advancement of women
14. While welcoming the efforts undertaken by the State party to better
coordinate gender mainstreaming at the government level through the
establishment of the Council of Government for Gender Equality, the Committee
remains concerned at the lack of clarity with respect to the mandates and
responsibilities of the various components of its national machinery for the
advancement of women, as well as its repeated restructuring in recent years,
which could result in a lack of continuity in gender equality policies. It is
also concerned at the limited capacity of the State party's national machinery
to adequately ensure the coordination of gender mainstreaming in all areas and
at all levels.
15. The Committee recommends that the State party further strengthen its
national machinery for the advancement of women, by clearly defining the
mandate and responsibilities of its various components, and enhancing
coordination among them. It calls on the State party to ensure that the
national machinery has adequate decision-making power and human and financial
resources to work effectively for the promotion of women's human rights at all
levels. The Committee also urges the State party to ensure that its national
machinery develop policies and programmes aiming at achieving gender equality
in a comprehensive and effective manner and within a human rights framework.
National action plan
16. While taking note of the various programmes monitored by the Department of
Family Policies and Gender Policies to promote equality between women and men,
the Committee is concerned at the absence at present of a national action plan
on gender equality with established priorities and based on the evaluation of
the previous National Action Plan for Women which expired in 2007.
17. The Committee encourages the State party to proceed expeditiously with the
formulation and subsequent adoption of the new National Strategy for Gender
Equality for 2009-2013 with the involvement of all sectors of Government and in
consultation with relevant non-governmental organizations. The Committee also
calls on the State party to ensure that the new National Strategy is
comprehensive and addresses the specific responsibilities of all areas of
governance.
Cultural practices and education
18. While welcoming measures taken by the State party to eliminate gender
segregation in the labour market, including through training programmes in the
area of equal opportunities, the Committee is concerned about the persistence
of traditional stereotypes regarding the roles and tasks of women and men in
the family and in society at large, including in specific areas, such as the
labour market, the health sector, academia and politics, that are strongly
conditioned by traditional views. The Committee also expresses concern at the
persistence of gender stereotypes prevailing in school text books, which is a
root cause of the traditional academic choices of boys and girls. The Committee
is further concerned at the insufficient access to sex education in schools,
which does not seem to meet the needs of girls and boys and contribute to the
fulfilment of the State party's responsibilities in that regard.
19. The Committee urges the State party to design and implement comprehensive
programmes in the educational system and to encourage the mass media to promote
cultural changes with regard to the roles and responsibilities attributed to
women and men, as required by article 5 of the Convention. It recommends that
policies be developed and programmes implemented to ensure the eradication of
traditional sex role stereotypes in the family, labour market, the health
sector, academia, politics and society at large. The Committee also calls on
the State party to complete the review of school text books in order to remove
gender stereotypes and promote egalitarian views of women's and men's roles in
the family and in society. It also recommends that the State party ensure that
sex education be widely promoted in schools and targeted at both girls and
boys.
Violence against women and trafficking
20. While acknowledging current legal and other measures undertaken by the
State party to eliminate violence against women, the Committee is concerned
that the current legislation on violence may not be fully comprehensive and
specific to address all forms of violence against women adequately. The
Committee is also concerned at the high rate of violence against women and
girls, including homicides resulting from domestic violence. The Committee also
notes with concern the lack of information in the State party's report with
respect to support to women victims of violence, and the allocation of financial
resources to programmes aiming at combating violence against women.
Furthermore, the Committee is concerned at the lack of preventive programmes
and campaigns targeting different groups of the population, including men,
women and vulnerable communities, particularly taking into account that the
phenomenon of violence against women is not acknowledged by several sectors of
the population. The Committee also expresses concern about the fact that
corporal punishment in the home is lawful and constitutes a form of violence
against children, including the girl child. The Committee further notes that,
although the State party has adopted legislation criminalizing trafficking, as
well as an action plan and mechanisms to address this phenomenon, the report does
not provide a full picture of the situation of trafficked women and girls in
the State party.
21. The Committee urges the State party to place high priority on the
introduction of comprehensive and holistic measures to address all forms of
violence against women in the family and in society. The Committee calls upon
the State party to ensure that such violence is prosecuted and punished with
the required seriousness and speed, and those women victims of violence have
immediate means of redress and protection. The Committee requests the State
party to ensure that legislation on violence against women is specific and
comprehensive with regard to women, encompassing all forms of violence and in
line with the Committee's General Recommendation 19. It further recommends that
measures be taken to provide shelters for women victims of violence in
sufficient numbers and with adequate standards, and to ensure that public
officials, especially law enforcement officials, the judiciary, health-care
providers and social workers, are fully sensitized to all forms of violence
against women. The Committee invites the State party to undertake
awareness-raising measures through the media and public education programmes,
including a campaign of zero tolerance, to make such violence socially and
morally unacceptable, and to undertake a study on the root causes of homicides
resulting from domestic violence. The Committee also recommends that the State
party include in its legislation the prohibition of corporal punishment of children
in the home. The Committee requests the State party to provide detailed
information on the situation of trafficked women and girls in Slovakia in its
next periodic report, as well as on the results of measures taken.
Roma women
22. While acknowledging the measures taken by the State party under the Decade
of Roma inclusion 2005–2015, the Committee is concerned that Roma women and
girls remain in vulnerable and marginalized situations, especially with regard
to health, education, employment and participation in public life, and are
victims of multiple discrimination.
23. The Committee urges the State party take effective measures, including
temporary special measures in accordance with article 4, paragraph 1, of the
Convention and General Recommendation 25 of the Committee, to eliminate the
multiple forms of discrimination against Roma women and girls and enhance
respect for their human rights. It also calls on the State party to accelerate
achievement of Roma women's de facto equality by strengthening the coordination
among all agencies working on Roma, non-discrimination and gender equality
issues, particularly in the areas of health, education, employment and
participation in public life. The Committee urges the State party to implement
targeted measures to eliminate discrimination against Roma women in all areas
within specific timetables, to monitor their implementation and achievement of
stated goals, including within the Decade of Roma Inclusion 2005-2015, and to
take corrective action whenever necessary. The Committee urges the State party
to undertake concrete steps to change the traditional perception of Roma by the
majority population, including through awareness and sensitization programmes
targeting, in particular, those sectors of society where such attitudes are
noticeable. It calls upon the State party to provide in its next periodic
report a comprehensive picture of the situation of Roma women and girls,
including data disaggregated by sex in regard to their educational
opportunities and achievements, access to employment and health-care services
and participation in public life and decision-making.
Participation of women in political and public life
24. The Committee expresses concern at the insufficient information on the
participation of women at various levels and sectors of political and public
life in the State party's report. The Committee is also concerned that,
available, figures provided in the report indicate that women are
underrepresented in decision-making and political bodies and in public life,
including academia. Furthermore, the Committee is concerned at the explanation
provided by the that the whereby the very low level of representation of women
in politics and decision-making bodies is due to insufficient social demand for
political participation, which seems to indicate a lack of understanding by the
State party of the importance of equal participation of women and men at all
levels of decision-making and of the responsibilities of the State in promoting
and supporting that participation.
25. The Committee encourages the State party to take sustained measures,
including temporary special measures in accordance with article 4, paragraph 1,
of the Convention and the Committee's General Recommendation 25 and to establish
concrete goals and timetables so as to accelerate the increase in the
representation of women in elected and appointed bodies in all areas of
political and public life, and at all levels, and to monitor their achievement.
The Committee also recommends efforts to increase the number of women in
appointed decision-making positions in public administration. Such measures
should include the setting of time-bound targets; implementation of
awareness-raising campaigns; provision of financial incentives to political
parties; and development of targeted training and mentoring programmes for
women candidates and women elected to public office. The Committee urges the
State party to carefully monitor the effectiveness of measures taken and of
results achieved in its next periodic report.
Employment
26. While noting with appreciation the provisions of the Labour Code, and its
2003 amendment, which prohibits direct and indirect discrimination on the basis
of sex, marital and family status, the Committee remains concerned about the
disadvantaged situation of women in employment. It expresses particular concern
at the highly segregated labour market, and the wide gap in pay between women
and men, as well as the difficulties women experience in reconciling work and
family life, which are a consequence of the deeply rooted stereotypes relating
to roles of women in the family and in society.
27. The Committee recommends that efforts be strengthened to eliminate
occupational segregation, both horizontal and vertical, to adopt measures to
narrow and close the wage gap between women and men by enacting equal pay for
work of equal value legislation, as well as by applying job evaluation schemes
in the public and private sectors connected with wage increases in female
dominated sectors, to further facilitate reconciliation of women's family and
professional responsibilities and to fully sensitize men to their equal
participation in family tasks and responsibilities.
Health
28. While noting the measures taken by the State party to facilitate women's
access to health care, including reproductive health, the Committee is deeply
concerned about the insufficient regulation of the exercise of conscientious
objection by health professionals with regard to sexual and reproductive health.
The Committee is also concerned at the persisting high rate of abortion which
is a consequence of the lack of information and access of women to family
planning. The Committee is further concerned at the difficulties women
belonging to vulnerable communities experience in accessing health care due to
the cost of related services. Furthermore, the Committee expresses concern at
the lack of a holistic and life-cycle approach to women's health.
29. The Committee recommends that the State party adequately regulate the
invocation of conscientious objection by health professionals so as to ensure
that women's access to health and reproductive health is not limited. The
Committee calls the attention of the State party to its General Recommendation
24, which states that it is discriminatory for a State party to refuse to
provide legally for the performance of certain reproductive health services for
women. It recommends that, if health service providers refuse to perform such
services based on conscientious objection, measures should be introduced to
ensure that women are referred to alternative health providers. The Committee
urges the State party to take measures to increase the access of women and
adolescent girls to affordable health-care services, including reproductive
health care, and to increase access to information and affordable means of
family planning for women and men. It also calls upon the State party to
increase its efforts to implement awareness-raising campaigns targeting women
and men on the importance of family planning and related aspects of women's
health and reproductive rights. The Committee further recommends that the
Government fully implement a life-cycle approach to women's health.
30. While acknowledging the explanations given by the delegation on the alleged
coerced sterilization of Roma women, and noting the recently adopted
legislation on sterilization, the Committee remains concerned at information
received in respect of Roma women who report to have been sterilized without
prior and informed consent.
31. Recalling its Views in respect of communication No. 4/2004 (Szijjarto v.
Hungary), the Committee recommends that the State party monitor public and
private health centres, including hospitals and clinics, which perform
sterilization procedures so as to ensure that the patient is able to provide
fully informed consent before any sterilization procedure is carried out, with
appropriate sanctions being available and implemented in the event of a breach.
It also calls on the State party to take further measures to ensure that the
relevant provisions of the Convention and the pertinent paragraphs of the
Committee's General Recommendations 19, and 24 in relation to women's
reproductive health and rights are known and adhered to by all relevant
personnel in public and private health centres, including hospitals and
clinics. The Committee further recommends that the State party take all
necessary measures to ensure that the complaints filed by Roma women on grounds
of coerced sterilization are duly acknowledged and that victims of such
practices are granted effective remedies.
Family relations
32. The Committee is concerned that, as a result of the rising number of
divorces, the number of single mothers has significantly increased in the State
party. It also regrets the lack of information in the report of the State party
on the possible negative economic and social consequences of divorce for women,
in particular single mothers, as well as on the situation of women in
non-traditional family situations. It is further concerned that the current
legislative framework does not adequately provide for an equal distribution of
marital property upon divorce.
33. The Committee recommends that the State party provide, in its next periodic
report, detailed information on the possible negative economic and social
consequences of divorce for women, in particular single mothers, and calls upon
the State party to adopt legislative measures that would ensure a fair sharing
between spouses of all assets acquired by either or both partners during
marriage. The Committee also requests the State party to include information,
in its next periodic report, on the situation of women living in
non-traditional family situations.
Non-governmental organizations
34. The Committee notes with concern the insufficient level of cooperation and
communication between the State party and women's non-governmental
organizations, which became apparent during the constructive dialogue.
35. The Committee recommends that the State party strengthens its cooperation
with women's non-governmental organizations by, inter alia, increasing their
participation in the formulation, implementation, monitoring and subsequent
evaluation of policies, programmes and strategies aiming at achieving equality
between women and men.
Parliament
36. While reaffirming that the Government has the primary responsibility and is
particularly accountable for the full implementation of the State party's
obligations under the Convention, the Committee stresses that the Convention is
binding on all branches of Government and it invites the State party to
encourage its national parliament in line with its procedures, where
appropriate, to take the necessary steps with regard to the implementation of
these concluding observations and the Government's next reporting process under
the Convention.
Beijing Declaration and Platform for Action
37. The Committee urges the State party to continue to utilize, in implementing
its obligations under the Convention, the Beijing Declaration and the Platform
for Action, which reinforce the provisions of the Convention, and requests the
State party to include information thereon in its next periodic report.
Millennium Development Goals
38. The Committee emphasizes that full and effective implementation of the
Convention is indispensable for achieving the Millennium Development Goals. It
calls for the integration of a gender perspective and explicit reflection of
the provisions of the Convention in all efforts aimed at the achievement of the
Goals and requests the State party to include information thereon in its next
periodic report.
Ratification of other treaties
39. The Committee notes that States' party adherence to the nine major
international human rights instruments [1] enhances the enjoyment by women of
their human rights and fundamental freedoms in all aspects of life. Therefore,
the Committee encourages the Government of Slovakia to consider ratifying the
treaties to which it is not yet a party, namely, the International Convention
on the Protection of the Rights of All Migrant Workers and Members of Their
Families, the International Convention on the Protection of All Persons from
Enforced Disappearance and the Convention on the Rights of Persons with
Disabilities.
Dissemination
40. The Committee requests the wide dissemination in Slovakia of the present
concluding observations in order to make the people, including Government
officials, politicians, parliamentarians and women's and human rights
organizations, aware of the steps that have been taken to ensure de jure and de
facto equality of women and the further steps that are required in that regard.
The Committee requests the State party to strengthen the dissemination, in
particular to women's and human rights organizations, of the Convention, its
Optional Protocol, the Committee's general recommendations, the Beijing
Declaration and Platform for Action and the outcome of the twenty-third special
session of the General Assembly, entitled "Women 2000: gender equality,
development and peace for the twenty-first century".
Follow-up to Concluding Observations
41. The Committee requests the State party to provide, in one year written
information on the steps undertaken to implement the recommendations contained
in paragraph 31 above. The Committee also requests the State party to consider
seeking technical cooperation and assistance, including advisory services, if
necessary and when appropriate for implementation of the above recommendations.
Date of the next periodic report
42. The Committee requests the State party to respond to the concerns expressed
in the present concluding observations in its next periodic report under
article 18 of the Convention. The Committee invites the State party to submit
its fifth periodic report, which is due in June 2010, and its sixth periodic
report, which is due in June 2014, in a combined report by June 2014.
1
The International Covenant on Economic, Social and Cultural Rights, the
International Covenant on Civil and Political Rights, the International
Convention on the Elimination of All Forms of Racial Discrimination, the
Convention on the Elimination of All Forms of Discrimination against Women, the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, the Convention on the Rights of the Child, the International
Convention on the Protection of the Rights of All Migrant Workers and Members
of Their Families, the International Convention for the Protection of All
Persons from Enforced Disappearance and the Convention on the Rights of Persons
with Disabilities.
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