COMMITTEE ON ELIMINATION OF DISCRIMINATION AGAINST WOMEN BEGINS CONSIDERATION OF REPORTS BY LUXEMBOURG

9 July 1997

Press Release
WOM/978

COMMITTEE ON ELIMINATION OF DISCRIMINATION AGAINST WOMEN BEGINS CONSIDERATION OF REPORTS BY LUXEMBOURG

19970709 Director of Luxembourg's Ministry for Advancement of Women Proposes Convening of World Conference on 'Men and Power' to Promote Gender Equality

It took 2,000 years for today's society to openly discuss discrimination against women; however, power remained too often in the hands of men, and to correct that situation, a world conference on "men and power" should be organized, as part of an effort to promote gender equality.

That proposal was made this morning by the Director of Luxembourg's Ministry for the Advancement of Women as she introduced her country's reports on the implementation of the Convention on the Elimination of All Forms of Discrimination against Women to that treaty's monitoring body. Change in attitudes towards women required deep awareness on the part of men of their responsibilities, she stressed. Responding to Luxembourg's proposal to hold a world conference on "men and power", experts emphasized the need for women to mobilize to make men understand their ability to take over from them. Further, the importance of parental leave provisions in ensuring a fairer allocation of family responsibility was also mentioned. A suggestion was made that men in leading positions should be educated in gender neutral hiring and promotion practices.

The 23-member Committee is examining the initial and second periodic reports of Luxembourg, which the State party is obliged to present under the Convention. The reports focus on legislative, judicial and administrative measures adopted by Luxembourg to give effect to the provisions of the Convention, which it ratified on 2 February 1989.

Commenting on the Luxembourg report, experts stressed that in order to really combat inequality more temporary affirmative action measures were required. In that context, the country should have a target stating that by the year 2000 or 2005 it wanted a certain specified number of women in decision-making positions. They noted that women were still far from achieving de facto equality. Article 4, which is on affirmative action, offered the most effective strategy in making equality a reality for women.

The Committee will meet again at 3 p.m. today to continue its consideration of the Luxembourg reports.

Committee Work Programme

The monitoring body for the Convention on the Elimination of All Forms of Discrimination against Women met this morning to examine the initial and second periodic reports of Luxembourg (documents CEDAW/C/LUX/1 and 2) on its implementation of the Convention, which it ratified on 2 February 1989.

The initial report states that Luxembourg courts recognize the primacy of international rules where they conflict with domestic law. Luxembourg participates in European Union efforts to promote equality of the sexes and has adopted the Union's fourth medium-term programme of action for equal opportunities for men and women (1996-2000).

The principle of equality of men and women before the law is not stated expressly in the Luxembourg Constitution, but currently it states that "Luxembourgers are equal before the law", says the initial report. It observes that although the principle of non-discrimination is already firmly rooted in a number of international conventions which the Grand Duchy has ratified, "it would none the less be useful to have the principle expressly included in the Constitution in connection with the constitutional amendment that is currently being proposed".

One of the most important application of the principle of equality of the sexes, according to the initial report, is the Act of 12 December 1972 concerning the rights and duties of spouses, "which breaks with the principle of marital rights over the wife's person and property".

According to Luxembourg's initial report, women have the right to vote and stand for public office. The Chamber of Deputies comprises 60 members, of whom 10 are women. Of the 11 ministers in the current Government, three are women. Also, women members of several political parties, especially the environmentalist party, are calling for quotas and parity thresholds in all areas of decision-making as a means of correcting imbalances and achieving a democracy that is representative of the entire population.

With regard to the Convention's provisions on equal rights in the field of education, the report states that women have the right to benefit from opportunities for continuing vocational training on an equal basis with men. The Government has stated in a July 1994 declaration that it will intensify efforts to encourage young girls and women, who are about to select a course of study and a vocation, to consider a range of more future-oriented occupations.

Women account for 37.14 per cent of the active population of Luxembourg; 59.4 per cent of women of working age are engaged in paid activity. The unemployment rate for men is 3.2 per cent, and for women 4 per cent. Equal remuneration between men and women is guaranteed.

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Luxembourg's second periodic report, covering January 1996 to March 1997, states that a hearing held after the 1995 Beijing Fourth World Conference on Women gave women's organizations an opportunity to air their grievances publicly and to present their proposals for improving the status of women in Luxembourg. The hearing also enabled officials responsible for implementing the equality policy to draw on a tremendous store of practical experience.

The reverberations of the policy debate in the national media helped to focus attention on the question of equality between women and men, the report adds. A second hearing was held on 6 March on the topic of women and employment and was to be followed by a policy debate on the subject last June. An Interministerial Committee on Gender Equality has been established as a mainstreaming tool to study all issues relating to equality between women and men, the report states.

The second periodic report makes special mention of Luxembourg's Development Aid Act of 6 January 1996 which, in accordance with chapter VI.c of the Beijing Platform for Action, specifically added the advancement of women to the sectors of intervention towards which Luxembourg's development aid is targeted.

The Government of Luxembourg regards mainstreaming, together with specific policies for the advancement of women, as an essential tool for combating gender inequality. On 2 March 1996, a brochure was distributed to all of the country's households calling for public participation in projects undertaken by the Ministry for the Advancement of Women. The Ministry, established in February 1995, has completed a project to disseminate information about the Convention in the form of a textbook. The book will be used as a supplementary civics text in schools. Its main objective is to raise young people's awareness of the persisting inequalities in society as they affect girls and women and to promote the adoption of respectful and egalitarian behaviour towards girls. A second objective is to teach girls about their rights.

The report indicates that Luxembourg supports a draft European code of conduct for preventing and combating traffic in women which was expected to be adopted at a ministerial conference at The Hague in April 1997. Luxembourg was also represented at a European Union meeting in Rome in May 1996 at which the Rome Charter on "Women for the Renewal of Politics and Society" was signed by 13 women ministers. In the Charter, the ministers: noted that not everyone shared in the benefits of democracy; called for a renewal of politics and society; declared their commitment to supporting equality between women and men as a priority for the European Union; and recognized the need for concrete actions at all levels to promote equal participation by women and men in decision-making in all spheres of society.

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In the context of the European Union fourth medium-term action programme, Luxembourg's Ministry for the Advancement of Women has submitted a project entitled "Sharing equality", which is aimed at promoting equal opportunity in education and vocational training and in employment and working life, the report goes on. The Ministry has also published a brochure entitled "Putting equality into practice -- working together" aimed at improving dialogue between women and men in the workplace. It provides an overview of the legal framework in the area of equal pay and treatment for women and men and of the different regulations concerning leave. The Ministry has submitted a draft bill to improve workplace safety and health of women during pregnancy and lactation.

The post of women's affairs ombudsman has been established within the Employment Administration Ministry with a mandate to address all matters and problems arising within the Employment Administration that are of particular concern to women, says the report. It also states that on the initiative of the Minister for the Advancement of Women and the Interministerial Committee on Gender Equality, an interministerial discussion group on women and employment was launched early this year to gather and compile a very broad range of statistics on female employment.

Upon ratification of the Convention, Luxembourg entered a reservation with regard to the choice of a child's family name. The reservation is not expected to be withdrawn during the current legislative session, according to the second periodic report.

Introduction of Report

MADY MULHEIMS, Director of the Ministry for the Advancement of Women of Luxembourg, introducing her country's reports, said equality among men and women was not yet a reality and that much remained to be done. The laws must be applied to promote gender equality, she said, adding that the laws would remain a dead letter if public opinion and the mindset on gender issues did not change. Legislation was not sufficient. It had taken 2,000 years for the society of today to openly discuss discrimination against women. Power remained too often in the hands of men, and to correct that situation she proposed that a world conference on "men and power" should be organized, as part of an effort to promote gender equality. Change in attitudes towards women required deep awareness on the part of men of their responsibilities, she stressed.

She said the Government of Luxembourg had taken a number of measures, including framework action, sensitization and action programmes encompassing mainstreaming, education and social policy to create awareness on the part of young people, men and women on the need for gender equality. The Ministry for the Advancement of Women had published a handbook in the form of a textbook to

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raise young people's awareness of the inequalities in Luxembourg's society. It was being widely distributed among non-governmental organizations as well.

The establishment of the Ministry for the Advancement of Women in 1995 demonstrated the importance the Government attached to efforts to ensure gender equality, she said. A pre-school pilot project had been launched and constituted an aspect of the Luxembourg project recognized by the European Commission under the fourth medium-term action programme of the European Union on equal opportunity for women and men (1996-2000). The Ministry for the Advancement of Women cooperated with non-governmental organizations. Recently, a plan of action for the year 2000 related to advancement of women had been submitted, and a number of activities were to be undertaken to consider it. A second priority area under the plan was "education, training and employment".

A small number of women had been elected to the country's Chamber of Deputies, she continued. Two held important positions as chairpersons of two political parties. There were three ministers responsible for culture, education and for advancement of women. They had crucial abilities to bring about changes in the advancement of women. There was an awareness campaign to have women fully represented in all aspects of political and public life.

She also said legislation had recently been prepared that would supplement the criminal code by addressing racism and other acts based on illegal discrimination. It provided for the criminalization of acts that fell within some of the Convention's provisions.

In the framework of community action, the Minister for the Advancement of Women had initiated a project aimed at promoting equal opportunity in education and vocational training, employment and professional life. She said that since its establishment, the Ministry for the Advancement of Women had undertaken policies aimed at promoting gender equality and the elimination of all forms of discrimination against women. Mainstreaming was being used towards those ends. The Government regarded mainstreaming, together with specific policies for the advancement of women, as an essential tool for combating discrimination against women.

Following the Beijing Conference, the Ministry for the Advancement of Women had organized a hearing of women's organizations which helped to focus attention on the issue of equality between women and men, she said. A public debate which followed had helped the Ministry to adopt a course of action including measures to promote equal opportunity for men and women, as well as measures aimed at the promotion of the physical and psychological stability of women. A second public hearing took place in June on the issue of women and employment. Conclusions adopted at the debate would form the basis of legislative action.

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A national plan for sustainable development adopted last year had taken up proposals embodying the plan of action for 2000 on women's advancement, she continued. The Government was co-financing projects with non-governmental organizations on women. It was disseminating information and promoting analysis and research in the area of equal opportunity in education. A gender perspective had been introduced in the training of teachers. An example of mainstreaming was a media campaign to fight AIDS.

She said the European Commission would hold an international conference on labour organization, noting that such changes would contribute to redefining gender roles. The Ministry of Employment and Labour was formulating policies and strategies to promote employment of women. A statistical study of women and employment was to be issued soon. Legislation had been proposed to deal with sexual harassment. The Government had been requested in the Chamber of Deputies to elaborate broad principles supporting sharing of family responsibilities. There should be satisfactory child-care facilities for women, it had been proposed.

On the issue of violence against women and girls, and trafficking of women and prostitution, she said the Ministry for the Advancement of Women had submitted a project on the subject. It proposed protection of women against violence, providing them with shelters, and an awareness campaign to counter sexual abuse of children. The campaign had been organized in schools. It had been so successful that it was being extended for another school year. Young people had been given the chance to articulate their experiences. Shelters could be requested by girls and women. A 24-hour telephone calling centre had been set to help girls and women victims of violence. Luxembourg had acceded to a convention on prostitution and other related issues.

A draft law on money laundering and trafficking in women had been introduced, she said. For several years now, Luxembourg's police had noticed an increase in street prostitution. The authorities were providing psychological and social counselling, medical care, prevention and counselling on sexually transmitted diseases on a confidential basis. Also receiving counselling were foreign women and refugee women.

General Comments

An expert said Luxembourg was in the vanguard of Europe so far as equality of sexes was concerned. It had made school attendance compulsory in 1911, and universal suffrage had come into existence in 1919. However, it had ratified the Convention rather late in 1989 and with two reservations. The reservation to article 7 was understandable, as it affected the family of the Grand Duchy. Among other things, article 7 states that States parties shall ensure that women, on equal terms with men, have the right to vote in all elections and public referendums and to be eligible for election to all publicly elected bodies. Further, States parties should ensure that they have

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equal right to hold public office. In that context, the expert said she still hoped the reservation would be lifted.

However, the other reservation, on article 16 (g) was less understandable, she said. Article 16 (g) states that States parties shall ensure the same personal rights as husband and wife, including the right to choose a family name, a profession and an occupation. The report stated that the reservation would not be lifted during this Government's office. She hoped that the position would be reversed. On Luxembourg's proposal to hold a world conference on "men and power", she said women should mobilize to make men understand their ability to take over from them.

Comments on Specific Articles

Commenting on article 2, under which States parties agree to combat discrimination against women in various ways, including the adoption of laws prohibiting all such discrimination, and ensuring that public authorities and institutions refrain from any discriminatory act or practice, an expert said the initial report mentioned that the principle of equality of men and women was not stated expressly in the Constitution. Why was that? Further, she wanted to know if the Convention was applied to the domestic law of Luxembourg or whether there was need for legislation to put it into effect.

Experts noted that the report did not include statistical information. It had been mentioned that immigration was an important factor in population growth. In that context, information about birth rate would have been helpful. It had also been mentioned that most women did not engage in paid employment. What was the reason given that there was a low birth rate, as well as the provision of paid maternity leave among other things.

Another expert asked the representative of Luxembourg to list the reasons for divorce in her country. She appreciated the fact that the law on adultery had been amended and was now more equal. Further, she wanted to know if international laws prevailed over domestic laws in Luxembourg. Also, was there a special law to enable refugees and migrants to work?

Experts said there was legislation in place which prohibited direct or indirect discrimination regarding sex. Under that law, could women bring cases of indirect discrimination in a court of law? they asked.

Commenting on article 3, under which States parties agree to make changes in their laws as necessary to guarantee women their basic rights and freedoms, an expert wanted to know if Luxembourg intended to promulgate a specific law on violence against women. She also wanted to know the exact percentage of immigrant women in that country. Experts also stressed that women should be considered not only in the context of the family nucleus, but also as individuals.

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On article 4, which states that temporary measures taken to accelerate women's equality, as well as maternity protection measures, shall not be considered discriminatory, experts stressed that in order to really combat inequality, more temporary affirmative action measures were required. In that context, the country should have a target stating that by the year 2000 or 2005 it wanted a certain specified number of women in decision-making positions. They wondered if there was a quota system in existence in Luxembourg. Affirmative action was crucial in providing equal opportunity, they said.

Experts noted that Luxembourg had high gross national product (GNP) per capita and had a long history of equal opportunity for women in education. However, women were still far from achieving de facto equality. They stressed that article 4, relating to affirmative action, was the key step to equality. It was the most effective strategy in making equality a reality for women.

They also asked for clarification of seemingly contradictory statements made in the report. At one point, the report stated that most women were not employed in paid employment, however, at another point it said that 59.4 per cent of women of working age were engaged in remunerated activity.

On article 5, under which 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, an expert said attitudes were hard to change. In that context, focus had to be on changing men's attitudes. One of the ways of changing the manner in which family responsibility was allocated was by putting in place a parental leave act. That had been done in Norway. Another step could be taken by educating men in leading positions on how to hire and promote in a more gender neutral way.

Also on that article, an expert wanted to know if the police arrests for sexual violence were treated on par with arrests for other violence. Was that true for the courts as well? Experts also wanted to know how widespread pornography was in Luxembourg and the role of new information technology in it.

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