COMMITTEE ON ELIMINATION OF DISCRIMINATION AGAINST WOMEN BEGINS CONSIDERATION OF ITALY'S REPORTS
Press Release
WOM/986
COMMITTEE ON ELIMINATION OF DISCRIMINATION AGAINST WOMEN BEGINS CONSIDERATION OF ITALY'S REPORTS
19970715 A commission, including women and men, had been created to investigate alleged violence against Somali women by Italian soldiers in the United Nations peace-keeping mission to Somalia in 1993, the Committee on the Elimination of Discrimination against Women was told this morning, as it took up the second and third periodic reports of Italy.If the allegations proved to be true, those involved, at whatever level in the hierarchy of the Armed Forces, would be severely dealt with, the Italian Minister for Equal Opportunities said. A "solemn expression of apology would be rendered to the women and men of Somalia".
The 23-member expert Committee, which is the monitoring body for the Convention on the Elimination of All Forms of Discrimination against Women, reviews reports of States parties submitted in accordance with article 18 of the Convention, which requires States to submit reports within one year after accession and thereafter at least every four years. Reports focus on legislative, judicial and administrative measures adopted by States to give effect to the Convention provisions.
Commenting on violence against women within the Italian society, the Minister said a new step in the struggle to eradicate such violence had been taken on 4 July, when the government adopted a bill drafted by her office. The bill gives civil and criminal judges power to order the urgent removal of batterers from the family home and to restrain them from the vicinity of places usually frequented by the victim or victims of their violence.
The Committee was also told that the basic guidelines for government action were embodied in the "Prime Minister's Directive" adopted on 7 March this year. That Directive mandated all Cabinet members to implement the Beijing Platform for Action adopted at the 1995 Fourth World Conference on Women. Further, it stressed that in doing so, they should identify a set of strategic objectives particularly relevant for Italian women, such as empowerment and mainstreaming, gender sensitivity in education, promotion of women's employment and entrepreneurship, health protection and prevention of violence.
This morning, the Committee also heard statements from the Legal Adviser as well as the Adviser on International Affairs in the Office of the Minister for Equal Opportunities. In addition, a statement was made by the Research Director of the National Statistics Institute of Italy.
The Committee will meet again at 3 p.m. today to continue consideration of the second and third periodic reports of Italy.
Committee Work Programme
The Committee on the Elimination of Discrimination against Women met this morning to take up the second and third periodic reports of Italy (documents CEDAW/C/ITA/2 and 3) on its implementation of the Convention on the Elimination of All Forms of Discrimination against Women.
The Committee, made up of 23 experts who serve in their personal capacity, is charged with monitoring compliance with the Convention, which was adopted by the General Assembly in 1979, opened for signature in March 1980 and entered into force in 1981. The Convention requires States parties to eliminate discrimination against women in the enjoyment of all civil, political, economic and cultural rights. In pursuing the Convention's goals, States parties are encouraged to introduce affirmative action measures designed to promote equality between women and men.
The third periodic report states that Italy has undergone major changes since the presentation of the second report in 1996. The new centre-left coalition cabinet has inherited "a very difficult financial and economic situation" and far-reaching reforms are needed in the structure of the State, and in political, economic and social policies. The gap between the north and south of the country is a source of social injustice and deep discontent in both regions, according to the report.
It observes that the transformation in women's self-identity, desires, experiences and position in society is one of the "most impressive and all- pervasive" of all the changes Italy has gone through in the last 20 years. Girls are reaching important results in education and skills; women are a stable part of the workforce and their employment rates are rising, especially in the public administration and tertiary sectors. Women are playing an increasingly important role in business, while continuing to provide care for the family and personal relationships. The appointment of a Minister for Equal Opportunities in the new cabinet has "significance which goes far beyond the mere concept of equal opportunities", observes the report. "With this choice, mainstreaming a gender perspective into all government policies has visibly become one of the elements of the transition needed in Italy", it adds.
New laws were passed in the early 1990s, marking the passage from women's protection to equal opportunities, the report goes on. In 1990, the National Commission on Equality and Equal Opportunities between women and men was officially established as a consultative body under the authority of the Prime Minister's Office. In 1991, new legislation was adopted on positive actions to implement equal opportunities between women and men at work and on employment issues. The law strengthened the role of "equality counsellors", introduced by a previous legislation, extending their presence at the
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national, regional and provincial level. Another equal opportunities law passed in 1992 was aimed at the promotion of women in business. According to the report, a debate has started both in women's movements and at the institutional level on how to overcome difficulties the new laws have met and to adopt more effective measures.
On the Convention's provisions on human rights and fundamental freedoms, the report states that those are ensured for all Italians, with no gender discrimination. A new law against sexual violence has been introduced. Between 1992 and 1995, complaints for sexual violence (rape, violent indecent assault, indecent assault) rose from 2,755 to 3,876. There are over 80 women's support centres which provide hot lines, counselling, legal aid and other forms of support to victims of sexual violence. Legal complaints for domestic violence rose from 1,907 to 2,097 between 1992 and 1995.
The report states that there are no official figures on the extent of trafficking in women for the purpose of sexual exploitation in Italy, although a study by a private research group showed a sharp increase in the practice. Italian efforts to prevent and combat trafficking in women are coordinated by a specific inter-ministerial commission set up early this year. Prostitution is regulated by a 1958 law, which de-penalized voluntary prostitution practised privately, and abolished licensed brothels, which at the time were controlled by the State.
Ownership, management and letting of houses for prostitution have since become a criminal offence, the report states, noting that some bills recently submitted to the Italian Parliament have demanded changes in the law, with some requiring banning prostitution in public places. Other proposals contemplate mandatory medical checks for prostitutes, and also the complete liberalization of prostitution. The Government has not submitted its own draft legislation on prostitution, and has given priority to action against trafficking, as a major social and human rights issue.
As regards the Convention articles on women in politics and public life, the report says that in the 1996 elections, 67 women were elected to the Chamber of Deputies and 26 to the Senate. For the first time the percentage of women cabinet Ministers has increased -- three women Ministers and eight Under-Secretaries of State. Women are widely represented in local institutions and in grass-roots organizations and political parties. Despite positive trends, women are still the majority of job seekers.
According to the report, young women in southern Italy are in a condition of veritable social exclusion. Overall unemployment rates among women are almost twice the corresponding male figure: 16.6 per cent, as opposed to 9.4 per cent. The Government has prepared a "Three-Year National Plan for the Boy and Girl Child" to provide child care and other facilities
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and support for families with children. A new law on nationality rights abolished all forms of discrimination between women and men related to acquiring, changing or retaining nationality.
On women in rural areas, covered in article 14 of the Convention, the report states that the 1975 New Family Law provides for equality between women and men in land ownership and farming as well as in social security entitlements. The law de facto abolished women's unpaid work in agriculture, by introducing "family farms" where profit sharing, ownership and management decisions are to be shared equally.
The report says that the incidence of AIDS among women in the age group between 25 and 34 has risen from 2.1 per 100,000 in 1987 to 12.0 in 1991. Abortion is consented in the first 90 days of pregnancy, whenever its continuation would seriously endanger the woman's physical or psychological health. Health care and social support centres for women and families provide help for women who have had an abortion. The number of voluntary abortions has dropped, from 209,000 in 1980 to 134,137 in 1995.
The 1975 family law reform granted women full equality of rights in marriage, and in case of separation and divorce the spouse without adequate income has the right to receive alimony from the other, says the report. In all cases following separation and divorce both parents have the obligation to support and educate their children. Divorces are numerous, rising from 25,997 in 1992 to 27,038 in 1985. In divorce cases, both parents have the obligation to support and educate their children. The report says children born out of wedlock have exactly the same rights as legitimate ones.
Introduction of Reports
ANNA FINOCCHIARO, Minister for Equal Opportunities of Italy, introducing the reports, said that in all aspects of their lives, Italian women seek freedom, independence and personal development. They were no longer willing to be constrained in pre-defined social and family roles. That determination, she added, had in itself constituted a social factor of change, leading to important achievements even at times of great economic difficulty and low social pressure from the organized labour movement and women's movement.
She said Italian women had reached the highest levels in education and increasing numbers of them were by now a stable part of the workforce. Men's culture and the basic structures of power in the society had not changed at the same pace as women's identity, and had sometimes put up active resistance to it. The strategy aimed at removing those barriers was a long-term one, and the one-year life of the current government was a short time to claim substantial results.
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In terms of policies, the basic guidelines for government action were embodied in the "Prime Minister's Directive" adopted on 7 March this year, which followed extensive consultation with women's movements and existing equality bodies, she said. The Directive mandated all cabinet members to implement the Platform for Action of the 1995 Beijing Fourth World Conference on Women, identifying a set of strategic objectives particularly relevant for Italian women, such as empowerment and mainstreaming, gender-sensitive culture in education, promotion of women's employment and entrepreneurship, health protection, prevention and repression of violence. The Directive indicated specific government actions, legislative measures and other instruments for the achievement of each strategic objective.
On employment, she said the Italian Parliament had recently adopted measures concerning the reduction of working time and job creation and hiring of women who returned to work after at least two years of non-employment. In low employment areas, special funding, credit lines and soft loans were provided also for young people who wished to set up their own business. The idea that women had to choose between family and career was still a very common stereotype.
Italy was one of the countries with the lowest birthrate, she said. Men, particularly the younger generation, were beginning to perceive fatherhood as a responsibility which went beyond the scope of the traditional breadwinner model, involving tasks which were practical and emotional at the same time. The government had begun to provide a set of policies and measures to change the social and working context in which such choices were made. The areas of action were aimed at redistributing the caring burden between families and society and the creation of a legal and social environment where redistribution between women and men was encouraged and where the rights and duties of fathers, not only as breadwinners but as caregivers for their children, were fully recognized and asserted.
On the issue of violence against women, she said it had taken the Italian Parliament nearly 20 years to adopt new legislation on the practice. Only when women parliamentarians decided to empower one another and directly negotiate among themselves was the new law finally adopted a year ago. A new step in the struggle to eradicate violence against women was taken on 4 July, when the government adopted a bill drafted by the office of the Minister for Equal Opportunities which gave civil and criminal judges the power to order the urgent removal of batterers from the family home, and restrain them from the vicinity of places usually frequented by the victim or victims of their violence.
Referring to the case of alleged violence against Somali women by Italian soldiers with the United Nations peace-keeping mission in Somalia in 1993, she said a mixed commission had been created to investigate the charges.
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If it was proven that one of the allegations was true, those involved, at whatever level in the hierarchy of the armed forces, would be severely dealt with. A "solemn expression of apology would be rendered to the women and men of Somalia, she added. She also said that the incident had provided opportunity in Italy for deeper reflection on the whole nature and perspective of peace-keeping missions. Italian women had actively participated in some peace-keeping operations in the Middle East, former Yugoslavia and Albania. Their experiences had provided very valuable input in the redesigning of future peace-keeping missions.
She said that in the wave of change which had deeply transformed the Italian political scene in the early 1990s, municipalities had been the first institutions to win back the confidence of citizens, after the shock of corruption cases. For some time now, she added, a new generation of men and women had been at work in their communities, as mayors, town councillors or city managers, carrying out innovations and reorganizing local services and citizens participation. Women had had a key role in that process, with 507 mayors and 16,341 town councillors.
She said mainstreaming policies were attempting to cut across the whole spectrum of government policies. There was a lot to be done. Formal equality but not substantial equality had been reached. Empowerment practices were introducing a deep change into government policies in terms of the direct relationship with women and their movements. Feminism and women's movements had already deeply transformed the culture of the country. Any advancement could not but be based on their empowerment, she emphasized.
MARIA GRAZIA GIAMMARINARO, Legal Adviser in the Office of the Minister for Equal Opportunities, speaking on indirect discrimination, said the "parity counsellors" in Italy had examined many cases of indirect discrimination. In one of the largest Italian banks, it had been noticed that while many women were employed, they were not well represented in decision-making positions. Many jobs required physical characteristics which automatically made them inaccessible for women. In addition, a number of job advertisements were addressed specifically to men. A collective civil action was contemplated in those cases.
On the question of whether the Italian Constitution had specifically integrated the issue of gender equality, she said the Constitution included the formal equality principle. It also included the concept of equal pay and there was legislation on maternity.
CHIARA INGRAO, Adviser on International Affairs in the Office of the Minister for Equal Opportunities, speaking on racism and xenophobia, among other issues, said Italy's basic position was that the first way to combat racism was not only through words, but by concrete actions that helped
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integrate immigrants. A comprehensive set of draft legislation for immigration had been drawn up, presented in February and was currently undergoing Parliamentary scrutiny. Human rights could not be limited to nationality or residence permits. In that context, women's right to health care should be seen as a human right.
So far as anti-discrimination measures were concerned, she said any act of discrimination based on race or sex, among other things, was prohibited. All those who had been subjected to a discriminatory act could petition a civil judge. Protection of women from trafficking was ensured, whether or not they were residents of Italy. Education was an important means of fighting xenophobia and racism, and teachers had been active in initiatives against racism and in the integration of immigrant children in school. The right to education was ensured regardless of the legal status of immigrants. However, textbooks continued to be Eurocentric.
Ms. GIAMMARINARO, speaking on domestic violence, said a new legislation had been drafted on domestic legislation which had been approved by the Council of Ministers. It had been recognized that a battered woman was victimized twice as she had to leave her home to escape the abuse. Under the draft law, a woman who had been the victim of domestic violence had two options: one, the victim could file a suit with a criminal judge who could order the attacker to leave the family home; two, she could file a suit with a civil judge, who could issue an order of removal, plus restraining orders to the attacker to not visit the victim's workplace and other places that she frequented.
LINDA LAURA SABBADINI, Research Director of the National Statistics Institute of Italy, speaking on stereotyping, said an area of concern was the role of technology in the creation of new stereotypes. It had been noticed that girls used computers at home for play less often than boys. That was because parents bought computers for boys more often than for girls. That could at a future time handicap women in the job market because of their lack of familiarity with new technology. So far as gender sensitivity training of public officials was concerned, she said Italy had done little in that area. Gender sensitivity training had been limited to certain very specific areas such as the training of prison officials in women's prisons.
CHIARA INGRAO, Adviser on International Affairs, said there was quite an increase in family farms headed by women. Prostitution and incitement to prostitution were illegal. The government did not intend to initiate further legislation on the practice, but a bill in the lower house of Parliament on child prostitution provided for several penalties, including one on distribution of pornographic material. The Ministry for Equal Opportunity was sponsoring a study on trafficking in women.
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Ms. SABBADINI said that at the national level representation of women at leadership positions in the labour movement was lower. Their presence in the civil service had increased, and many also headed departments. Women formed only 19 per cent of university professors. Equal opportunity centres had been created to monitor gender bias in government.
Ms. INGRAO, replying to a question on recruitment of women into the foreign service, said it was based on entry examinations. There were no women ambassadors.
Replying to written questions about the prevalence of HIV, Ms. SABBADINI said a total of 27,000 cases of AIDS had been reported -- 21,441 men (79 per cent) and 5,516 women (20.5 per cent). The mean age of the patients was 33.6 years for men and 30.2 for women. Among those cases, she said 385 were reported in children less than 13 years of age. Most of the cases were attributable to vertical transmission and others by blood transfusion. The incidence of pediatric cases had increased from 30 in 1987 to 38 in 1994. She also said that AIDS cases in women had increased yearly, both in number and percentage of the overall total. The proportion of AIDS cases was higher both among men and women in the 25-34 year age range. The incidence rate among women in the 25-34 year age range showed an eight-fold increase between 1987 and 1994. Among young women with AIDS diagnosed up to December 1994, injecting drug use was the main transmission category, followed by heterosexual contact.
Ms. INGRAO, replying to a question on the elderly, said work still had to be done on meeting the health needs of elderly women. On humanization of childbirth, she said local campaigns on health care services were under way, providing possibilities for more involvement of midwives in child deliveries.
Ms. GIAMMARINARO said women at their own expense could travel abroad for abortion. There was no adequate control on activities of private hospitals. The Ministry of Health was preparing legislation against cloning, she said, and control on use of pesticides. She also said on other questions, that women's image in textbooks had been neglected, and that a lot of work needed to be done to improve it.
Ms. INGRAO, asked why law providing special funds for women had not been enforced, said the government planned to provide special assistance for women entrepreneurs. Special European Union funds were being used to provide training and support for community centres in rural areas.
Ms. GIAMMARINARO said, in response to a question, that separated women had less protection than divorced ones. The Ministry for Equal Opportunities was committed to introduce new provisions to the Divorce Law to remedy the situation. She also said that many affected women were reluctant to exercise their rights.
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