UKRAINE'S EMPHASIS ON WOMAN'S ROLE AS MOTHER DISCUSSED BY EXPERTS OF ANTI-DISCRIMINATION COMMITTEE
Press Release
WOM/892
UKRAINE'S EMPHASIS ON WOMAN'S ROLE AS MOTHER DISCUSSED BY EXPERTS OF ANTI-DISCRIMINATION COMMITTEE
19960129 The strong emphasis on woman's role as mother in Ukrainian legislation was criticized by experts of the Committee on the Elimination of Discrimination against Women as they concluded consideration of that country's third periodic report.Characterizing such emphasis as sexual stereotyping, experts of the 23- member Committee -- which monitors implementation of the Convention on the Elimination of All Forms of Discrimination against Women -- said no social pressure ought to be exercised in individual reproductive choices. Overemphasis on child-bearing was harmful to the health of women, especially during a time of structural adjustment when spending on health was being curtailed.
The need to reduce the number of abortions by increasing access to family planning services and affordable contraception was stressed by experts. The also questioned measures to protect women from excessively burdensome work, saying fewer women would be hired as a result.
Introducing the report, Raisa Bogatyrayova, Ukraine's Deputy Minister of Health, said there were some 148 abortions to every 100 live births in 1994. Most government resources were still devoted to combating the effects of Chernobyl, and the transition to a market economy continued to have a negative impact on women. A new Constitution was being drafted that would further strengthen women's rights, and efforts were under way to establish a national machinery for women.
Addressing the issue of prostitution, she said organized crime was connected to trafficking in women and a comprehensive study was needed to prepare and implement effective legislation. The number of women's non- governmental organizations had increased from 11 in 1994 to over 70 presently, she added.
The Committee will meet again at 4 p.m. today to hear a statement by the Executive Director of the United Nations Children's Fund (UNICEF).
Committee Work Programme
The Committee on the Elimination of Discrimination against Women met this morning to begin its consideration of the third periodic report of Ukraine, contained in document CEDAW/C/UKR/3, of 14 June 1991, and an addendum of 28 November 1995, submitted under article 18 of the Convention on the Elimination of All Forms of Discrimination against Women. Article 18 provides that States parties shall undertake to submit to the Secretary-General, for consideration by the Committee, a report on the legislative, judicial, administrative of other measures which they have adopted to give effect to the provisions of the Convention.
The 1991 report states that the reform of the political system in Ukraine had led to the lowering of women's social status. The Parliament had failed to adopt a number of amendments put forward by the Commission on Women's Affairs. That failure reflected the economic difficulties being faced by the country.
The 1995 addendum states that in 1991, following the proclamation of independence, the State of Ukraine came into being as the fifth largest European State. In accordance with its Constitution, women and men are accorded equal political and social rights. However, there were no women in the executive power and there have never been women ambassadors in Ukraine.
In 1993, a unit on women's affairs and protection of the family, mothers and children was created in the Cabinet of Ministers, says the report. Under the provisions of the Constitution, which are reflected in the Code of Labour Laws, night work by women was restricted. Also, pregnant women and those with children aged under three years are now allowed to work overtime or on rest days, and cannot be sent on trips in connection with their work. Production or service norms are reduced for pregnant women on presentation of a medical certificate. Women may not be refused employment or have their pay cut for reasons connected with pregnancy or the feeding of their children. In addition, they are entitled to 70 calendar days of pregnancy and childbirth leave. The observance of the legislation on women's work is monitored by trade unions.
The worsening of the economic crisis during the transition to a market economy led to a significant decline in the standard of living, says the report. Such situation had compelled women to work longer hours and to seek second jobs. Unemployment has primarily affected women, and they accounted for 75 per cent of the total unemployed at the beginning of 1994. A plan with preventive and emergency measures had been drawn up to alleviate women's unemployment.
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According to the 1989 census, says the report, 69 per cent of the specialists with higher and secondary education are women. However, there are some restrictions on women who wish to qualify in some occupations. For example, girls are not allowed to enrol in translation departments or language schools and rights are not always equal in the training of administrators and managers for government services.
Marriages and births are being delayed in Ukraine due to the economic uncertainty, the report states. Abortion remains the basic means of regulating births and in 60 to 80 per cent of cases, abortion is the cause of secondary infertility. The disaster at the Chernobyl nuclear plant had also affected reproductive health. In 1987, in the areas of strict radiation monitoring, there were 2.2 times more miscarriages and 2.6 times more children with deformities. Improving women's knowledge and providing them with the means of family planning are one of the priority tasks of a programme to improve the health of all citizens by the year 2000, the report adds.
There are increasing reports of Ukrainian women arrested for prostitution in Turkey, Italy, Bulgaria, Cyprus and other countries, says the report, adding that there are no statistics available on violence against women in the family, and the country does not have shelters for women victims of violence.
Introduction of Report
Introducing the third periodic report of Ukraine, RAISA BOGATYRAYOVA, Deputy Minister of Health, said radical changes had occurred in the country since the report's submission in 1991. Ukraine had exercised its right to self-determination and was now an independent democratic State. Women comprised 54 per cent of its population and a process of forming a national machinery for securing their rights had been initiated. A commission on the protection of mothers and children was in place. The legislation of Ukraine did not conflict with the Convention on the Elimination of All Forms of Discrimination against Women.
The working of women of Ukraine had a high level of education, she said. However, there was a tendency to appoint men to leadership positions. Women were not well represented at the levels of power and there were no women in the executive power. Also, there were no women ministers.
She said a new law on elections had recommended the right of women's organizations to put their candidates forward for elected bodies. The State provided equal opportunity to women in acquiring training for work. Legal protection and material and moral support for women and their children was provided for. In 1992, legislation had been enacted to improve State assistance to families with children. A national programme for family
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planning was launched in September 1995 and this month the President of Ukraine had declared that a law on children would soon be enacted. Working women were entitled to partial paid leave to care of children under three years of age. Additionally, the right to a partial work week or work day for women with children under the age of 14 or with disabled children was guaranteed. Women who had more than five children or had raised disabled children until the age of eight were entitled to special benefits. Also, a special pension was paid to disabled women.
Changes in laws regarding night labour had been under contemplation, she added. However, insufficiency of available funds had led to incomplete implementation of many of the programmes. The economic crisis had also impacted the situation of working women and despite efforts by the State, a real threat of poverty existed. Seven out of every ten unemployed persons in the first quarter of 1995 were women. The government was trying to provide professional retraining for women as well as broadening education for girls in the field of technology.
Insufficient budgetary financing had also had an impact on women's health, she said. For four years, the number of children born dead had exceeded the number of children born alive. In 1994, the number of abortions had exceeded the number of births by 1.4 times. In 1990, the number of abortions for every 100 births was 157. In 1993, that number was 150.7 for every 100 births. In 1994, there were 148 abortions for every 100 births. Therefore, the number of abortions for every 100 births had shown a slight decline. An important factor in that regard was an improvement in family planning facilities. In September 1995, a programme for national family planning had been adopted in order to deal with the demographic crisis in the country. Contraceptives had been made available and a network of family planning centres had been set up.
The new Constitution of Ukraine would be presented to the Parliament next April, she said, adding that the text would be forwarded to the Committee as soon as it was adopted. Parliamentary hearings on the implementation of the Convention had been held in 1995. During the hearings, an analysis of existing laws had shown that there was a distinction between the de jure and de facto application of laws.
In Ukraine's report to the Beijing Fourth World Conference on Women, the negative effects on women of the economic situation of the country and of the Chernobyl disaster had been mentioned, she stated. Treatment of people affected by radiation still took up a major part of the budgetary resources available.
In 1992, a long-term programme for improving the situation of women had been adopted, she said. In filling job vacancies through employment centres,
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priority was to be given to single women or women raising children. A five per cent quota for women in priority situations had been established. However, sometimes the quota was not respected. Therefore, the Parliament was to consider a proposal for a law on economic stimulus for enterprises which gave priority in hiring to women with children.
She said there were still women who were entitled to legal assistance. However, access to legal advice had been restricted. Services were provided in exchange for a certain charge but some consultations were free, particularly for women with large families or few resources. The government was trying to broaden the scope of free legal consultation so that women's and children's rights could be assured.
Regarding constitutional rights for women and de facto rights, she said the law on employment prohibited refusal to hire someone on the basis of sex or any other factor not related to the actual employment. There were equal opportunities for all citizens, regardless of sex. There was a special unit that tried to prepare certain measures to improve State programmes for women. To offset the negative impact of women's double workload, proposals were under discussion to change the law and reduce the working day of a woman by establishing shorter hours.
She said employment centres were functioning now. Laws had established the right for a certain category of women to be hired first. There were a number of radio and television programmes on women's issues. In 1995, penalties were placed on thousands of individuals who violated employment legislation. Efforts were under way to improve the compilation of gender statistics. The criminal code of Ukraine provided for criminal responsibility for certain sexual crimes.
Regarding trafficking in women, she said the problem had been exacerbated. When women complained of being inducted into prostitution, there was an investigation. There was a connection between that problem and organized crime and a comprehensive study was required in order to prepare and implement legislation. The Interpol had looked into the matter and had reported that incidents had taken place. A group was discovered that hired women and compelled them to engage in prostitution. The group was arrested in the Netherlands. There were also murders of Ukrainian citizens in Turkey and Cyprus, and cases of women disappearing.
Regarding the existence and impact of women's non-governmental organizations, she said the democratic process had led to increased women's participation in the social policies of the State. There were some 70 women's non-governmental organizations today compared to 11 in 1994 and they had contacts with the Government.
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In response to a question on measures to increase women's participation at the international level of politics, she said that women constituted 42 per cent of the number of personnel in the Ministry of Foreign Affairs. Women diplomats accounted for 10 posts at the level of adviser. Legislation regulating the hiring of women at the international level of government was based on the principle of equal requirements of workers, irrespective of sex.
Marriage of a Ukrainian man with a foreigner and the cessation of such a marriage did not lead to a change in the woman's nationality, she continued. Regarding educational opportunities, women and girls had equal rights. Elementary education was mandatory and free. Statistics on the matter did not exist. Girls received equal education. Girls were prohibited from enroling in translation departments under the military academies because women did not serve in the military.
She said women working in the private sector enjoyed the same benefits as those working in the government sector. Women could not be refused employment, suffer pay cuts or be dismissed because of pregnancy. If that occurred, the employer was mandated to submit the reasons in writing, and the woman could challenge the matter in court. Women and men had equal rights to be designated as parents and have custody of children. The question of leave to care for children depended on the length of employment. More women than men were living below the poverty line.
She said there was a shortage of pre-schools for working women, with the problem varying in different regions of the country. A long-term solution was the allocation of funds. Pregnant women and women with children under the age of 14 were limited in working at night. Studies showed that in most sectors of the economy, men's salaries were higher than women's; of 25 sectors, only two had higher wages for women. Workers with identical qualifications had equal salaries. Men worked more overtime.
Ninety-nine per cent of all pregnant women received medical care, she continued. Medical insurance did not exist. Free family planning services were provided, however, contraception could not be afforded by all women. In rural areas, there was limited access to family planning services. There were new sex education programmes in schools that dealt with the prevention of sexually transmitted diseases and HIV/AIDS.
She said women had the same access to loans and financial services as men. Efforts were under way to reduce migration from the rural areas. In 1994, there were 270 divorces. Women had the same rights as men to equal ownership of family assets and property. The legal age for marriage was 18 for boys and 17 for girls. However, the age could be reduced for special situations. In 1994, 11 per cent of marriages were under the legal age. During marriage, property was owned in common. Property belonging to a spouse
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before marriage, or obtained during marriage as a gift, was considered joint property. In recent years, there had been a drop in new marriages and an increase in the divorce rate.
Discussion of Report
The Chairman of the Committee, IVANKA CORTI, expert from Italy, welcomed the fact that equality of women would be guaranteed in the new Constitution of Ukraine. She commended the holding of parliamentary hearings on the Convention's implementation. She emphasized that a lot remained to be done in the area of equality for women, and expressed concern over the demographic crisis and the high rate of abortion in Ukraine.
An expert said it was positive that women in Ukraine had a level of education that was the same as men, and in some areas even exceeded men's level of education. Commenting on the measures to protect women from excessively burdensome work, she said experience had shown that in a market economy, if such measures were in force, businesses would hire fewer women than men. Measures protecting women should not be so protective that they backfired. She recalled that according to article 5 of the Convention, States parties are required to eliminate practices based on the idea of the inferiority or superiority of either sex, and to ensure that family education teaches that men and women share a common role in bringing up children. However, the report and the Minister's speech had not mentioned men's contribution in the upbringing of children. Also, she wanted to know why the minimum age of marriage for the sexes was different.
Another expert said the Minister had mentioned many entities to safeguard the rights of women, however, most of those entities seemed to be designed more towards welfare and protection rather than empowerment of women. She noted the emphasis on motherhood and said that it was strong sexual stereotyping of women. There was no mention of fatherhood and the entire burden had been laid on women. Commenting on prostitution, she said that it had been stated that the State machinery had no part to play in combating prostitution since many women voluntarily engaged in it. She emphasized that the State had definitely a very important role to play in combating prostitution.
Rape was just one aspect of violence against women, said an expert. She wondered about instances of domestic violence in Ukraine and sought statistics. She said she had noted the rise in suicide and alcohol poisoning in the country and asked if any study on the relationship of the economic situation to rise in such incidents had been conducted. Also, were steps being taken to combat addictions? she asked.
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Another expert stated that women should be seen more than just mothers. Motherhood was only one aspect of their lives and they ought not to be stereotyped as mothers. She also expressed concern about minorities, especially the status of Tartar women.
Referring to stereotyping, another expert said it seemed to her that protective legislation had not been successful in the area of public health. It had been stated at the Cairo International Conference on Population and Development and the Beijing Women's Conference that both sexes individually had the freedom and responsibility to exercise their reproductive choices and no social pressure should be exercised on them. She expressed concern about the limitations on availability of contraception in rural areas. She wondered whether the Committee could have more information on the incidence of tuberculosis in Ukraine.
The democratization of Ukraine had resulted in discernible regression in the political and economic status of women, an expert said. It seemed that women were conveniently being marginalized in the competition for scarce economic resources. She also wondered about the impact of the Chernobyl disaster on the health of women and the measures being taken to help them. She urged the government to take steps to combat prostitution.
On article 12, which provides for measures to be taken to eliminate discrimination against women in the field of health care, an expert said the overemphasis on child bearing was not conducive to the health of women, especially when the country was undergoing structural adjustment. Pregnancy was not a disease and a pregnant woman must be given the choice to engage in her profession as she saw fit.
The Ukrainian Minister said the experts comments would be taken into account and the problems which had not been dealt with in earlier reports would be attended to in the fourth periodic report.
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