BELGIUM TO WITHDRAW ITS TWO RESERVATIONS TO CONVENTION ON ELIMINATION OF DISCRIMINATION AGAINST WOMEN, COMMITTEE TOLD
Press Release
WOM/890
BELGIUM TO WITHDRAW ITS TWO RESERVATIONS TO CONVENTION ON ELIMINATION OF DISCRIMINATION AGAINST WOMEN, COMMITTEE TOLD
19960126 Belgium has removed its two reservations to the Convention on the Elimination of All Forms of Discrimination against Women, its delegation informed the Committee on the Elimination of Discrimination against Women this morning as it began consideration of the country's second periodic report.One reservation had been rendered invalid by the adoption of a new law stating that the exercise of royal powers was no longer limited to men, it continued. The other reservation relating to marriage law had been rendered void by changes to the Constitution. Procedures were under way with the United Nations to have the reservations officially withdrawn. The Constitution had been reformed in 1994, making Belgium a federation.
The delegation comprised the Permanent Representative of Belgium to the United Nations, Alex Reyn, and the following representatives of the Department of the Equality of Chambers, Ministry of Employment and Labour: Marie-Paule Paternottre, Advisor; Martha Franken, Director (Flemish Community); and Annie De Wiest, Advisor (French Community). In introducing the report, they outlined efforts to combat violence against women, sexual harassment, prostitution, employment discrimination, and low levels of women's participation in government.
The Committee will meet again at 3 p.m. today to continue consideration of the Belgian report.
Committee Work Programme
The Committee on the Elimination of Discrimination against Women met this morning to take up the second periodic report of Belgium (document CEDAW/C/BEL/2) dated 8 April 1993. The 52-page report describes the country's compliance with the provisions of the Convention on the Elimination of All Forms of Discrimination against Women.
Belgium ratified the Convention on 10 July 1985 with two reservations. One reservation pertained to article 7, which states that women shall share on equal terms with men in the political and public life of the country. The Government expressed reservation to this article on the grounds of the national Constitution by which the Government reserves to men the exercise of royal powers. However, the report states that this reservation was rendered void in 1991 with the adoption of a new law by which discrimination against women of the Belgian royal family was eliminated.
The other reservation applies to article 15 of the Convention, which states that women shall have equality with men before the law, and shall be able to move freely and to choose their place of residence. In its reservation, the Government stated that "the application of article 15, paragraphs 2 and 3, shall not affect the validity of the transitory provisions applicable to spouses married before the entry into force of the law of 14 July 1976 relating to the reciprocal rights and duties of spouses and their matrimonial property systems, when the spouses have exercised the option granted to them by that law and to make a declaration maintaining their pre- existing matrimonial property system intact".
According to the Belgian Constitution, all Belgians are equal in the eyes of the law. The Government has ratified several international treaties and conventions, which take precedence over national law. The report states that men and women have fundamentally identical rights and obligations in respect of civil law and inheritance law; the criminal law no longer includes adultery as a crime; abortion has been partially decriminalized, and furthermore, women enjoy de jure virtually total equality of opportunity and treatment with respect to welfare law.
In 1985, Belgium created the Secretariat of State for Social Emancipation, which launches initiatives designed to ensure equal opportunities for men and women and for coordinating policy. The budget for the Secretariat had increased almost six-fold between 1986 and 1990.
Other bodies established to protect women's rights include a Commission on the Employment of Women, created in 1974 at the Ministry of Employment and Labour, which proposes legal or regulatory measures; and the Council for Emancipation, an advisory body established in 1986 to issue opinions and put
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forward measures to the Secretary of State for Social Emancipation. The Government also set up a Ministerial Committee on the Status of Women in 1980, which is presided over by the Prime Minister. In 1985, the Government established the Commission on Domestic Labour, which issues opinions, carries out surveys and puts forward legal measures or regulations for domestic labour issues.
The report states that the Secretariat of State for Social Emancipation has carried out an extensive policy of affirmative action. In 1987, a royal ordinance was issued setting out measures designed to promote equality of opportunity between men and women in the private sector. To date, 40 agreements have been signed with private enterprises to implement equal opportunity programmes.
About one in eight women have experienced some form of serious sexual violence, and some 1,113 agencies work with women and children who are victims of violence, according to the report. The Secretary of State for Social Emancipation has launched a number of awareness campaigns to focus attention on the issues of violence against women and sexual abuse of children within the family. Cooperation agreements have been signed between the Secretary of State and the provinces, to coordinate all activities involved in the campaign to stop violence against women.
According to the report, a new law on rape was adopted in 1989. For the first time, this law provides a definition of the crime of rape as "any act of sexual penetration, of whatever sort and by whatever means, committed on a non-consenting person". The penalties have been made more severe in certain cases; better guarantees of protection of anonymity are provided; and the victim may have the doctor of his/her choice present during the medical examination. However, the report states that the existing criminal procedure is "not conducive to satisfactory reception and appropriate care of victims of sexual violence, which is why many victims do not seek redress".
The report states that prostitution is not punished, regulated or controlled. However, in the case of prostitutes under eighteen, measures may be taken by the Juvenile Court. Moreover, exploitation of the prostitution of women and minors constitutes a criminal offense and is punishable under the criminal code. The report states that child prostitution remains "rather rare".
Although women and men have the same political rights in Belgium, the report states that the number of women holding political office at any level at all is "rather low". Women constitute 14 per cent of municipal councillors, 12 per cent of provincial councillors and 9 per cent of members of Parliament. There are only four women members of the Government. To increase women's participation, a public awareness campaign has been launched
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which has had some positive results. Also, a law was passed in 1990 to promote equal numbers of women and men on advisory bodies. To monitor compliance with the law, a report must be submitted to Parliament annually.
Regarding women's representation at the international level, the report states that the percentage of women in the higher levels of government and the civil service is rather small. In the Belgian diplomatic corps the number of women is "extremely low".
On education, the report states that there is no difference between boys and girls with regard to access to education. School attendance is compulsory for children aged six to eighteen. However, although there are as many girls as boys in all levels of education, the subjects chosen by boys tend to offer better employment prospects than those chosen by girls. In general secondary education, for example, girls are considerably underrepresented in math and science and technical studies, whereas the departments preparing students for office careers and the service and health care sectors are virtually a female preserve. The stereotyped choices are also predominant in higher education. To correct the situation, the Secretary of State for Social Emancipation has launched three awareness campaigns with the Ministers for Education.
According to the report, more women are participating in the labour market in Belgium than ever before. For example, in the 25 to 29 age bracket, the percentage of working women has increased from 49.7 per cent in 1970 to over 78 per cent today. The proportion of working women stands at 41.2 per cent. However, women are employed largely in a limited number of professions; they are overrepresented at the lower professional levels and very few have access to managerial posts. Furthermore, 24.9 per cent of women work part time compared to 1.7 per cent of men and unemployment affects women more than men.
Since January 1990, any pregnant worker is entitled to an allowance for the whole duration of her maternity leave, paid in full by the sickness and invalidity insurance, the report states. Furthermore, any pregnant woman covered by social security is legally entitled to maternity leave. This has recently been extended from 14 to 15 weeks, to be divided between the periods before and after birth. In addition to the leave, the worker also receives a maternity allowance if she meets certain conditions regarding length of employment and payment of premiums. Self-employed workers and women working for their husbands are also entitled to the benefits. Paternity leave is three days, except where the mother is not present, in which case her maternity leave may be converted to paternity leave.
The report states that there is no discrimination between men and women as regards access to health care, the right to family benefits, bank loans and mortgages, and participation in recreational activities and all aspects of
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cultural life. Also, there is no discrimination regarding the right to contract marriage or choose a spouse, and regarding the rights and duties of the spouses during the marriage and in the event of its dissolution, as well as between men and women in rural areas, where they enjoy the same rights, services and welfare provisions as all other Belgian citizens.
Introduction of Report
ALEX REYN, Permanent Representative of Belgium, said his country's report had been prepared in 1991 and submitted in 1992. In 1994, Belgium underwent constitutional reform; hence, the report was outdated. Committee experts had posed about 70 questions on it. Those queries would be addressed by the following representatives of the Department of the Equality of Chambers, Ministry of Employment and Labour: Marie-Paule Patternottre, Advisor; Martha Franken, Director (Flemish community); and Annie De Weist, Advisor (French community).
In Belgium, power was shared between the federal authority and the federated authority, he said. The federated or the regional authorities were not subordinate to federal authority and could lay down their own policy. However, in some areas mixed competence was exercised between the two authorities and that in part explained the presentation of the country's report by three experts.
In its presentation, the delegation said Belgium had ratified many international instruments directed at bringing about equality between the sexes. A series of actions had been taken in the area of violence and several steps had been taken to combat sexual harassment in the work place and the trade in human beings. Action had also been taken to better inform people about violence and harassment issues. Providing equal employment opportunities and increasing women's participation in power were other priority areas. In 1994, a law designed to increase women's participation had been passed. Efforts had also been made to change stereotypes through the media. A sensitization video had been developed which was to be translated into other European languages. In addition, feminization of titles of professions had been initiated in the French community.
Belgium's reservations on two of the Convention's articles were no longer valid in light of changes to the Belgian Constitution in 1994.
On article 1 of the Convention, which defines discrimination against women as any distinction, exclusion or restriction made on the basis of sex that impairs the exercise of human rights and fundamental freedoms by women, the delegation said that the Belgian Constitution guaranteed equality of all citizens before law. Articles 4 and 5 of the Constitution defined respect for
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linguistic regions and article 12 guaranteed the freedom of the individual person.
Regarding article 2 of the Convention, by which States parties agree to combat discrimination against women in various ways, including the adoption of laws prohibiting discrimination, and ensuring that public authorities and institutions refrain from discriminatory act or practice, it said the Belgian Constitution prohibited any gender based discrimination. Efforts to track down and remove discrimination continued for, as was the experience of many other countries, it had been discovered that equality in text did not lead to equality in practice. However, the Government was trying to change mindsets in the family and media through education.
Cases of sexual harassment, educational discrimination and night work had been taken up by courts. Night work was prohibited for both the sexes, but was permitted for men in certain circumstances. The Belgian law on that matter was not the same as European legislation and the European Commission had asked for changes in it. The National Labour Council was looking into the issue and on the whole jurisprudence. European and Belgian legislation had proved helpful in removing discrimination against women.
Since the issuance of the report, several changes had taken place on implementation of article 3, which says that States parties agree to make changes in their laws as necessary to guarantee women their basic rights and freedoms. At the Federal level, there was a Minister for Equality of Opportunity, who was also the Minister of Labour. The post was upgraded in 1991 from a Secretary level. At the legislative level, there had also been a regrouping resulting in the establishment of the Federal Service on Equal Opportunity, which was headed by an official at the rank of Councillor. Furthermore, the Council on Equal Opportunity was expanded. The Council coordinated activities between non-governmental organizations and the Government and had several commissions on specific concerns of women. It had a budget of some $50,000, apart from administrative and personnel costs. Activities at the Federal level had a budget of $375,000.
Enormous efforts had been under way since 1994 to respond to the needs of women in the French community, the delegation continued. The Parliament of the French community had voted on parliamentary democracy as a priority in the legislative assembly. Other priorities adopted by the Parliament included measures on women in the media, to fight against stereotypes. It was necessary to take affirmative action in the media so that more women could have access to posts. More women were needed in decision-making and programming levels. Other priorities included combating all forms of violence, and supporting initiatives and actions by women in favour of peace. The French community also supported education for women's health. Efforts were also under way to feminize language.
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On the Flemish community, the delegation said there were four different legislative levels for Flanders. The Flemish Minister was addressing the following four priorities: legal equality; issues concerning feminization of poverty; the participation of women and girls in four aspects of social life - - education and training, employment, health care services and the media; and increasing the visibility of women and raising awareness of the issue of sexual harassment. Policies were also being focused on minority women, lesbians and handicapped women. The Minister for Equal Opportunities in the Flemish Community had a budget of 46 million Belgian francs.
Regarding article 4 of the Convention, which states that temporary measures may be taken to accelerate women's equality, as well as maternity protection measures; the delegation said it was necessary to convince employers and trade unions of the importance of affirmative action. Based on affirmative action plans devised and training seminars organized a well- established policy had been developed. Efforts were continuing through a number of bodies in the public sector; in the private sector, work was being done on a voluntary basis. A number of agreements had been signed between the Government and private enterprises on affirmative action. When an enterprise wanted State assistance to restructure, it had to work under a framework of affirmative action.
There was a need to balance employment supply and demand and to provide child-care centres. It was important to ensure that women had equal rights to full-time employment.
According to the delegation, awareness campaigns were under way to combat violence against women. As a result, victims were now coming forward to look for assistance. When the law on rape was modified, a broad, legal definition of rape was given. Rape within marriage was recognized. Information was consolidated on how to conduct medical tests to obtain evidence of rape. It was now possible for the victim to register a complaint after the incident. The police force was sensitized and shelters were established.
Sexual harassment in the workplace was a reality, and two royal decrees had been issued to deal with the matter, the delegation continued. The Government was trying to minimize the level of violence; to be effective, coordination was needed. An informal network of people involved in the problems were working with the Government. In addition, a pilot programme was started in 1992 to assist those who committed violence, to prevent repeat offenses.
Providing additional details on the subject of violence, the delegation said centres for adults had been established in the French community to provide all the assistance required to victims and adults in difficulty.
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Those centres had been made possible by subsidies provided by the community for that purpose. The most important aspect of the new ethical code on violence was that it recognized the role that attacks on images of women played in actual physical attacks.
Regarding article 6, which relates to trade in human beings, the delegation said an organized form of trade in human beings had emerged in Belgium in the 1980s. Since then the situation had been dealt with by the Parliament. A commission of enquiry had been created to study all the aspects of the question. As a result, a new law had been adopted that dealt with the issue of trade in foreigners and trade in human beings, including prostitution, even when the parties were supposedly consent. Provisions regarding minors and pornography had also been adopted.
On article 7, which says that women shall share equally in the political and public life of the country, the delegation said Belgian women had the same political and civil rights as men. A law adopted in May 1994, which would come into effect in 1999, was designed to provide a balanced distribution of men and women in the political area. In 1995, the national Parliament was 15 per cent women, as opposed to 10 per cent in the previous Parliament. In addition, steps had been taken through the communes to provide equal opportunity at the local level.
Speaking on article 8, which states that women shall be given the opportunity to represent their governments at all international levels, the delegation said that the diplomatic corps was now 12 per cent women, compared to 4 per cent previously. On article 9 -- which says that women shall have equal rights with men to acquire change or retain their nationality and that of their children and marriage shall not force a woman to change her nationality -- the delegation said the new code of nationality in Belgium provided that children born in Belgium could acquire nationality comparatively easily by fulfilling certain formalities.
On article 10, which calls for women to be granted equal rights with men in education, the delegation said many campaigns and slogans emphasizing the importance of education and training had been organized over the years. The Government of Flanders had started a project in 1992 to stimulate girls to opt for technical careers and to encourage boys to take care-taking courses. Thirty-two schools participated in the project. The programme could not be evaluated at this stage, although the effort with the boys had been less successful. In addition, extra-budgetary resources had been made available to enhance the interpretation of education. In the French community, the school results of girls were better than boys, but they faced more difficulty entering the job market. There were an equal number of men and women in the legal areas. However, there were few women in veterinary, agronomy and applied sciences. The number of women in medicine had increased in recent
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years, but that was because the profession itself was weakening. As it weakened, it was becoming more feminized.
On implementation of article 11, which obliges States to eliminate discrimination against women in employment, and to prevent discrimination against women on the grounds of marriage or maternity, the delegation said difficulties with remuneration continued. There had been a recent increase in the number of women working part time. Part-time labour reflected a stereotyping of women's roles in the family and workplace. Measures had been undertaken to help combat the problem. The unemployment rate in Belgium was quite high.
Regarding article 12, which provides for measures to be taken to eliminate discrimination against women in the field of health care, the delegation said maternity leave was 15 weeks, with more granted when hospitalization was needed. In cases where the mother passed away, maternity leave benefits were transferred to the father. The health insurance system was a contribution system subsidized by the Government. About 2 per cent of the people were not insured. There was no reimbursement for expenses incurred as a result of in-vitro fertility therapy. Belgium had a series of prevention programmes for women's health-care matters.
The practice of abortion had been decriminalized. In cases where the pregnant woman faced severe difficulties, the decision was up to the woman and abortion was allowed up to the twelfth week unless there was severe danger to the woman. The law provided for information on contraception and counselling. Half of the women who requested abortion were in the 20 to 29 year age group. The law had not created an explosion in requests for abortion. On the contrary, there was a reduction in abortion rates.
Regarding article 13, which states that women shall have the right to family benefits, bank loans and mortgages, and participation in recreational activities and all aspects of cultural life, the delegation said there were gender neutral criteria for the issuance of loans and mortgages.
According to some studies in the French community, women were less concerned than men with the competitive aspect of sports, the delegation continued. Women watched sports, more for their own sake rather than the competition.
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