COMMITTEE ON ELIMINATION OF DISCRIMINATION AGAINST WOMEN BEGINS CONSIDERATION OF ARGENTINA'S REPORTS
Press Release
WOM/995
COMMITTEE ON ELIMINATION OF DISCRIMINATION AGAINST WOMEN BEGINS CONSIDERATION OF ARGENTINA'S REPORTS
19970722 Constitution Establishes Equality of Opportunity for Men and Women In Access to Elective and Party Positions, Country's Delegation StatesThe Convention on the Elimination of All Forms of Discrimination against Women stood at par with the Constitution of Argentina and was complementary to the rights and guarantees recognized by it, the Convention's monitoring body was told this morning as it considered the second and third periodic reports of that country.
Introducing the reports, the President of Argentine National Council on Women, Esther Schiavoni, said the Constitution established a real equality of opportunity for men and women in their access to elective and party positions by means of affirmative action in the regulation of political parties and in the electoral system. In that context, the Law of Quotas established that there should be a minimum of 30 per cent women on the lists of elective positions. Those women should be assigned to positions with the expectation of becoming elected.
The 23-member Committee, which is the monitoring body for the Convention on the Elimination of Discrimination Against Women, review reports of States parties submitted in accordance with article 18 of the Convention. That article requires States to submit reports within one year after accession, and thereafter at least every four years. Such reports are to focus on legislative, judicial and administrative measures adopted by States to give effect to the Convention's provisions.
In the presentation of her country's report, Ms. Schiavoni was joined by the Under-Secretary for Human Rights and Women's Affairs of Argentina, Zelmira Regazolli.
The Committee will meet again at 3 p.m. today to continue consideration of the second and third periodic report of Argentina.
Committee Work Programme
The Committee on the Elimination of Discrimination against Women met this morning to consider the second and third periodic reports of Argentina (documents CEDAW/C/ARG/2/Adds.1 and 2 and CEDAW/C/ARG/3) on that country's compliance with the Convention on the Elimination of All Forms of Discrimination against Women.
The report states that both the birth rate and fertility rate have dropped in Argentina over the past decade. The total fertility rate (in terms of the number of children a woman has had by the end of her childbearing years) for the period 1990-1995 is 2.77 per cent for the whole country. When rural-urban movements are examined, it can be seen that Argentina's urban growth has been greater than its overall growth. In 1914, 52.7 per cent of the population lived in urban areas, while in 1991, that number had increased to 88.4 per cent. There has also been an ageing of the overall population due to a drop in fertility and a decline in mortality. There is also excess male mortality in some areas, which leads to differences in the number of males and females.
According to the report, 22.22 per cent of households in Argentina are headed by women. Females exhibit a number of demographic characteristics that differ from those of males. A lower number of females continues to be born, but female longevity is greater than that of males, which gives rise to slight but appreciable differences in their age structures. Also, women tend to be more urban than men.
The Argentine Constitution indicates that the Convention on the Elimination of All Forms of Discrimination against Women stood at par with the Constitution and was to be regarded as complementing its rights and safeguards, the report says. With respect to access for women to political roles, the Constitution specifies that genuine equality for men and women with respect to access to elective office and to positions in political parties shall be guaranteed by means of affirmative action regulating political parties and the electoral system. In that connection, the Quotas Act stipulates that at least 30 per cent of candidates for elective office shall be women, and that the women in question must be permitted to stand for election to positions to which they could expect to be elected.
The Constitution also calls for the establishment of a comprehensive special security scheme for women during pregnancy and lactation and for neglected children until completion of elementary education, the report says. It adds that the Chamber of Deputies had decided to set up a permanent bicameral commission on the elimination of all forms of discrimination against women. That was made up of six deputies and six senators, and its mandate included reviewing existing legislation to propose amendments to provisions which were either degrading to women or which perpetuated gender stereotypes.
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In addition, the commission was to promote innovative projects for the advancement of women and propose affirmative action which would help overcome obstacles in women's advancement.
Since 1992, the National Women's Council had become a permanent feature of the structure of the Government, the report says. In order to comply with article 3 of the Convention, under which States parties agree to make changes in their laws as necessary to guarantee women their basic rights and freedoms, the legislation regarding family law would have to be amended. That law entrusts the administration of assets of uncertain origin to the husband. In criminal law, the offence of adultery had been eliminated. That law had different standards depending on whether the reference was to man or woman. Another noteworthy accomplishment was the participation of women in military life starting in 1982. As a result, 6 per cent of the officers, at present, were women.
On the subject of temporary measures to accelerate the achievement of equality of men and women, the report says, as a result of the Quotas Act, women deputies, who had accounted for 5.8 per cent of the total membership in the Chamber of Deputies in 1991, now accounted for 24.5 per cent. In addition, 18 of Argentina's provinces now had quota laws that applied within their jurisdiction. In 1994, the Congress passed the Protection against Domestic Violence Act. However, due to jurisdictional reasons the Act was as yet applicable only to the city of Buenos Aires. The Act expressly states that the concept of family group includes de facto unions and that a complaint may be accompanied by a petition for precautionary measures relating to support payments, as well as an order requiring the abuser to be removed from the family home. Further, the Ministry of Justice had started a 12 month-publicity programme to promote awareness about domestic violence.
So far as efforts to eliminate discrimination against women in political and public life of the country are concerned, the report says, as a result of the 1991 Quotas Act, there had been a quantum leap in women holding public offices. In the upper echelons of the federal civil service, women occupied 22.9 per cent of national directorates, 15.1 per cent of general directorates and 22.8 per cent of directorates. In the judiciary, women held 8.7 per cent of all senior positions in provincial supreme court. In addition, 9 per cent of all ambassadors in 1994 were women.
In the area of education, changes between 1980 and 1991 showed a considerable gain for women with high growth in the proportion of population having completed secondary education, the report says. However, a comparative study of different tracks at the secondary level and distribution of enrolment by sex revealed that females were concentrated in the high school certificate and commercial courses while they accounted for only 20 per cent on technical courses and 25 per cent on agricultural courses.
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For the five-year period 1990-1995, it was anticipated that life expectancy for women would be 74.01 years and for men 68.05 years, it says. The maternal mortality rate for 1991 was 48 per hundred thousand live births. A breakdown of all maternal deaths by cause showed abortion to be the principal cause of death. No national figures on family planning were available. According to a 1993 survey, only 47.6 per cent of the women surveyed used contraceptives.
Introduction of Report
ZELMIRA REGAZOLLI, Under-Secretary for Human Rights and Women's Affairs of Argentina, said her Government had been working to introduce gender perspective at the highest levels of policy planning in such a manner as to genuinely bring about an eradication of discrimination against women. All the members of the National Council for Women had been striving for truly substantive equality.
ESTHER SCHIAVONI, President of the National Council on Women of Argentina, said the national Constitution of Argentina established a republican, federal form of government. At present, 24 provinces and the autonomous city of Buenos Aires constituted the country, and each of those promulgated their own provincial constitutions. The Constitution specified that all the international human rights treaties mentioned in it should be understood as complementary to the rights and guarantees recognized by it. The Convention on the Elimination of All Forms of Discrimination against Women was one of those treaties.
Further, the Constitution established a real equality of opportunity for men and women in their access to elective and party positions by means of affirmative action in the regulation of political parties and in the electoral system, she said. In that context, the Law of Quotas established that there should be a minimum of 30 per cent women on the lists of elective positions. Those women should be assigned to positions with the expectation of becoming elected. In addition, it had been mandated that the affirmative action measures adopted should not be lower than those in force at the time of the Constitution's promulgation.
The President of the National Council for Women enjoyed the status of Secretary of State and reported directly to the President of the nation, she said. In December 1996, the Federal Council for Women had been created, which was a constituent of the National Council for Women. The Council took action towards equality between men and women by means of a process of work which included distribution of information, communication and training. It had also published a brochure entitled "Guidelines for Compliance with the Law of Quotas and its regulating decree" to be distributed all over the country in anticipation of the upcoming national election in October. In the beginning
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of July, it had organized a national meeting of women provincial legislatures in which one of the central topics had been the Law of Quotas.
So far as stereotyping was concerned, in August 1996, a national seminar on the integral health of the adolescent girl had been held, she said. That seminar had focused on bulimia-anorexia and its relationship with addictive processes. Further, in March this year, a seminar on image and representation of women in the mass media had been organized. A decree on protection against family violence had been passed. That had led to the creation of centres for information and advice on physical and psychological violence. Since 1990, a permanent telephone service to assist domestic violence victims had been in operation.
In addition, the National Council for Women was about to sign an agreement with the Ministry of Justice to ensure more attention for women victims of violence, she said. In order to do that, it had proposed, among other measures, the training of counselors at community centres and of public officials. In 1996, it had started a programme with the United Nations Children's Fund (UNICEF) on training, technical assistance and sensitization on the subject of violence against women. At present, the project for the creation of a national programme on violence against women had been passed by the House of Representatives, and its enactment was pending at the Senate.
Women occupied 20.03 per cent of the positions as judges, prosecutors and attorneys, she said. In the provinces, their percentage participation amounted to about 33 per cent. On the subject of education, she said that, according to a 1996 survey, registration of women at the initial secondary level constituted 51 per cent. At the university level, the percentage of new women registered had risen to 54.4 per cent. However, in technology-related studies, their participation continued to be 20 per cent.
The life expectancy of women increasingly exceeded that of men, she said. So far as maternal mortality rates were concerned, there had been a general decrease in the last few years. Although the main causes of maternal death were abortions and other direct obstetric causes, it had to be noted that, according to official data, the former had shown a marked decrease, both relative and absolute. She also noted that a project on responsible parenthood had been passed by the House of Representatives and was pending enactment by the Senate.
In 1995, a pilot programme had been developed to provide health training to women from indigenous communities in the province of Chaco, she said. To date, 60,000 women had been trained within such programmes as health prevention agents. Under the project for farmer women in the Argentine north- west, started in 1989, 1,300 farmer women had been trained. In addition, 15 groups had been formed with self-management capabilities, a knowledge of new production options and new technologies.
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Responses to Specific Questions
Ms. SCHIAVONI, replying to the various questions raised by the experts, said the political and economic transformation undertaken by the Government since 1989 had affected women. Social development programmes were leading to an improvement in living standards, particularly, those of women.
ZELIMIRA REGAZOLLI, Under-Secretary for Human Rights, responding to questions on human rights, said women enjoyed "the greatest protection" under Argentine legislation. The Convention on the Elimination of All Forms of Discrimination against Women had been accorded the highest status in the Constitution Reform of 1994. The National Council for Women had developed a programme which followed up on legislation concerning women. Institutional mechanisms aimed at promoting their rights would endure, she said.
The Council had in 1995 signed an agreement with the Penitentiary Ombudsman by which both the human and material conditions at confinement centres would be improved and respect for the rights of women under arrest fostered. She said the Penitentiary Ombudsman worked within the structure of the Ministry of Justice and was appointed for renewable periods of four years. His position was autonomous, with obligations including promoting and looking after the rights of prisoners and guaranteeing their human rights.
Replying to questions relating to some functions of the National Council for Women, she said the Council established the mechanisms necessary for state planning. It also coordinated the evaluation and follow-up of policies related to women.
The principle of equal opportunity and of elimination of discriminatory stereotypes in teaching materials had been introduced in the area of education, she said. A non-sexist language had also been embodied in the Federal Law of Education of 1993. Also being undertaken was the sensitization and training of about 9,000 educators all over the country. Around 120,000 people had participated in three national campaigns carried out with the object of sensitizing the educational community. In the area of legal equality, a notebook on women in the Constitutional Reform of 1994 was being prepared. A pilot experiment on training women for business management was also being undertaken.
The National Council for Women had developed a strong monitoring policy of the application of the Law of Quotas, which had led it into taking legal action to demand that lists of political parties which did not comply with the requirements of the law be declared non-official, she continued. The Council had also presented appeals for protection before Court, invoking its competency to make demands for the application of legal provisions that would provide equal opportunity between men and women, and the right of all citizens to vote for an egalitarian list of candidates. Next year there would be
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direct elections for the Senate and the Quota Law would be applied for the first time. The Council had requested an indicative quota of 20 per cent of jobs for women in the Intensive Work Programmes developed in 1993 and 1994. Eleven per cent were covered in 1993, and 15 per cent in 1994.
Replying to questions on family violence, she said the Law against Family Violence and the Belem do Para Convention, both fully in force, demonstrated the importance the Government attributed to violence against women. The issue was considered a first priority within the National Council for Women and consequently a national training programme had been designed with the assistance of UNICEF. A round-the-clock telephone hotline had been set up to help female victims of violence. The federal police also organized its own training courses on violence against women and had created a centre to develop a pilot experiment on application of the register of cases of family violence.
She also said the National Council for Women was financing a pilot experiment to sensitize judges and officials in one of the country's provinces -- San Juan -- on family violence and violence against women. The Council's evaluation of the pilot experiment would make it possible to replicate it in other provinces.
On nationality issues, she said a husband's nationality did not affect the wife and vice-versa, as there was no distinction between men and women with regard to Argentine nationality.
According to 1994 national census, she went on, 47.6 per cent of university students were male and 52.2 per cent female. Women university students showed a clear tendency to social sciences, philosophy and literature. Their enrolment in engineering had increased significantly from two per cent in 1958 to 21 per cent at present. No distinctions were made between women and men with regard to access to scholarships.
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