WOMEN'S ANTI-DISCRIMINATION COMMITTEE CONCLUDES CONSIDERATION OF CROATIA'S INITIAL REPORT
Press Release
WOM/1012
WOMEN'S ANTI-DISCRIMINATION COMMITTEE CONCLUDES CONSIDERATION OF CROATIA'S INITIAL REPORT
19980123 Croatia was proud of its legislation protecting motherhood, the Deputy Minister of Labour and Social Welfare, Vera Babic, told the Committee on the Elimination of Discrimination against Women this afternoon, as it concluded its consideration of Croatia's initial report on its implementation of the Convention on the Elimination of All Forms of Discrimination against Women.The laws specifically incorporating provisions for motherhood had favourably affected working mothers as well, said Ms. Babic, who is also Vice President of the Government Commission for Equality. Responding to a series of questions raised by the 23-member group of experts monitoring compliance with the Convention, she added that it was not the Government's intention to foster stereotypes, but rather provide women with choices.
The high level of women's participation in trade unions and in the labour force was another source of pride, said Marina Musulin, Secretary of the National Commission for Equality. Women held leadership positions at all levels of the trade union movement, including as union presidents, and participated in tripartite bodies comprised of government, private sector and labour representatives. The Deputy Minister of Labour was also a woman, she said.
Also responding to questions by the Committee were Lidija Karajkovic, Assistant Minister of Justice; Stefanija Bortek-Knesaurek, Director of the State Institute for the Protection of the Family, Motherhood and Youth; Dubravka Simonovic, Adviser for Human Rights to the Minister for Foreign Affairs; and Mila Hrabric, of the Ministry of Health.
As the Committee concluded its consideration of Croatia's initial report, the Committee Chairperson, Salma Khan of Bangladesh, commended the delegation for its impressive and thorough responses to the experts' comments and questions. She welcomed the legislation promoting women's rights and stressed the importance of the partnership between the Government and non- governmental organizations in advancing equality for women. The Committee looked forward to Croatia's next report to determine the extent to which the current measures had been implemented.
The Committee will meet at 10 a.m. Monday, 26 January, to begin consideration of the initial report of the Czech Republic.
Committee Work Programme
The Committee on the Elimination of Discrimination against Women met this afternoon to continue its consideration of the initial report of Croatia on its implementation of the Convention on the Elimination of All Forms of Discrimination against Women. The delegation of Croatia will respond to questions posed by the Committee following the presentation of that country's report on 21 January. (For information, see Press Releases WOM/1007 and WOM/1008 of 21 January.)
Response of Croatia
VERA BABIC, Deputy Minister of Labour and Social Welfare of Croatia and Vice-President of the Government Commission for Equality, responded to a question concerning the promotion of equal rights to the fullest possible extent. She said that the statement in the report that despite the existence of a legal and institutional framework, there was not enough participation of women in public and political life, might have been misunderstood by the Committee. Indeed there was no specific available data in that regard. However, a number of research projects, in cooperation with several non- governmental organizations (NGOs), were planned in order to address the impression of the underrepresentation of women in positions of power.
Since the issuance of the initial report, there had been greater equality, she said. Croatia National Radio and many other private radio stations, in particular, had presented several educational programmes addressing the problem in a very impressive way. Those programmes examined the development of the democratic system of human rights, drawing comparisons between political systems of various European countries, and gender issues. The media could play a much greater role in that regard. Although the Government did not control the editorial policy of the media, it could contribute towards such progress.
Turning to the protection of motherhood within the context of the elimination of stereotypes, the presentation in the report might have caused a misunderstanding, she said. Croatia was proud of its legislation in that regard. Its legislation had favourably affected working women, and specifically incorporated the protection of motherhood. It was not the Government's intention to foster stereotypes, but rather to provide special opportunities to people with family obligations. The points raised by the Committee would provide an impetus for further dialogue concerning stereotypes, and towards improving the status of women in the work force.
Concerning the collection of certain data pertaining to the ethnic affiliation of women, she said the Government in the past few years had sought various information concerning access to social security and health insurance on the basis of ethnicity. However, it was not necessary to segregate the
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records, especially in the area of health care, since nationality and ethnic backgrounds were irrelevant. Insured persons were insured on basis of their employment regardless of their ethnic background or affiliation. Furthermore, the issue of privatization need not be discriminatory, and ethnic issues should be the exception to the rule, rather than the rule.
She said that no data was available on how the electoral system had influenced the representation and participation of women in Croatia. The system had changed since Croatia's independence, and resulted in a stable parliamentary majority with a respectable minority opposition. A broader range of measures in the area of human rights, including women's rights, trade unions, and the encouragement of dialogue was required. Some methods of encouragement, such as funding electoral campaigns and the possibility of taking days off from work to participate in those campaigns, were already in place. The Government would not refuse dialogue on possible improvements to the electoral system and how it could lead to a higher participation of women in the political life of the country.
The Government was also willing to consider the use of quotas, she said. It was familiar with that system in connection with minority rights. However, for countries in transition, a quota system was not always effective. Furthermore, the general public of Croatia was not inclined to adopt such a system.
DUBRAVKA SIMONOVIC, Special Adviser for Human Rights to the Minister for Foreign Affairs, said that the Convention was applied to women refugees and displaced women in Croatia, as was the 1949 Geneva Convention. She provided detailed data on those groups, stating that her country was host to returnees and refugees from Bosnia and Herzegovina and displaced persons from Eastern Slavonia. Services for those groups and stipends to individuals and families were financed by the State.
She said her Government had prepared disaggregated data on refugees and displaced persons in preparation for the Beijing Conference. As a result, it had found that 59 per cent of the refugees were women. The Government realized the importance of disaggregated data in order to provide assistance to women. Since that time, funding had been provided through NGOs for small projects to assist female displaced persons and refugees.
On the issue of women's organizations existing in the country, she said that following the Beijing Conference the Government had established better contacts with NGOs dealing with issues of gender equality. The number of NGOs had mushroomed in the country after independence, and many were now working through the National Commission for Equality. More recently, NGOs had participated in meetings to discuss the national platform for action, and their full cooperation was expected in its implementation.
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She provided general information on women living in poverty. Since 1993, the Government had implemented a special programme of social welfare for the country's poorest, which was estimated to be 4.6 per cent of the total population. Persons who had the right to a welfare card were able to obtain assistance, including payment of their utility bills and their rent. That group consisted of persons who were eligible for employment, retired farmers and unemployable persons.
For 1998, the Government had increased the allocation to such programmes by 30 per cent above the amount for 1997, she continued. Funds had also been allocated by the local authorities to take care of special groups, such as the elderly. Also, those persons who had received pensions before the war had been reintegrated into the pension system. The elimination of poverty was an important part of Croatian national policy. A survey of households had been undertaken to provide basic data for preparing national policy, including numerous measures targeted at women.
The National Commission for Equality was a special national body for the attainment of equality and had resources allocated for its programmes, she said. It was staffed by civil servants. The Commission had provided funds to NGOs for small-scale projects and research.
MARINA MUSULIN, Department Head in the Ministry of Labour and Social Welfare and Secretary of the National Commission for Equality, directed her response to questions concerning motherhood. The protection of motherhood was only one part of the comprehensive system of social security in Croatia, which was equally accessible to all women, she said. The legislation guaranteeing the right of motherhood did not suggest that it was the only role for a woman in Croatian society. On the contrary, motherhood was regulated in employment in order to provide mothers with the right to work and to have children. A woman was not forced to choose. Rather, the protections enabled them to do both.
She said that the ombudsperson was a special institution directly responsible to the Parliament and contributed to safeguarding women's rights. The Government supported the ombudsperson, including its popularization. While there was no special ombudsperson dealing solely with women's rights, a deputy ombudsperson could be appointed in that regard. The Government was willing, within its jurisdiction, to propose the establishment of an ombudsperson for women's rights and the rights of the child.
Ms. SIMONOVIC, Special Adviser for Human Rights to the Minister for Foreign Affairs, responding to a question on the use of the words "man" and "citizen" in the Constitution, said the reference to the rights of man could be translated to mean human rights. Regarding the word "citizen", recent amendments to the Constitution -- on 15 December 1997 -- had replaced that word by "every person and citizen". That amendment had been made to harmonize the Constitution with the European Convention on Human Rights
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Responding to a question on whether anyone had invoked the Convention in any national courts in Croatia, she said every citizen had the right to do so and could seek protection from the national courts on any issue related to the implementation of the Convention. So far, no such case had been brought to the courts. There had been precedent in some decisions given by the constitutional court, which had invoked provisions of international agreements to which Croatia was a party.
STEFANIJA BORTEK-KNESAUREK, Director of the State Institute for the Protection of the Family, Motherhood and Youth, said that Croatia took special care of people with special needs. She cited several examples of that assistance, including their integration into a special system that comprised health, education and social welfare assistance. In addition, there were centres educating and training disabled persons that were equally accessible for men and women. There were also non-institutionalized forms of care, which included private schools that also educated and trained people, especially children with special needs. Private home-tutoring was also available.
She said that the Government closely cooperated with NGOs that were directed at helping disabled people. Many of those NGOs were headed by women. The Government also had a commission for people with special needs, established in April 1997, which was mostly composed of women. To a question about the efficiency of the national machinery, she said the National Commission for Equality had been established and there was an advisory body consisting of NGO representatives. Furthermore, the national policy contained numerous measures to be undertaken jointly by the Government and the NGOs.
The Government's intent was to be active in the area of employment, she said, in answer to another question. It had set up an institutional mechanism of activity and social dialogue. An association of employers had also been formed and, in cooperation with the National Commission for Equality, numerous activities would be undertaken in the field of employment. She added that the Commission had not played a role in the recent election. The latest data indicated, however, that the participation of women in decision-making positions in Croatia was up to 21.2 per cent at the deputy ministerial level.
Ms. SIMONOVIC, Special Adviser for Human Rights to the Minister for Foreign Affairs, said specific programmes for education in human rights, gender equality in family life and the elimination of discrimination were being designed to address the problems of stereotyping.
Ms. BORTEK-KNESAUREK, the Director of the State Institute for the Protection of the Family, Motherhood and Youth, said parents could choose to care for their children full time. That decision was a matter of personal choice. On the matter of provisions in the new penal law regarding domestic violence and acts of rape she said victims of such cases were represented by State attorneys in court proceedings. In the case of marital rape, court
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proceedings were initiated by State attorneys and the new law provided women with the choice of having legal protection.
If the victims of domestic violence were forced to leave their homes, they did not lose their rights to property or to custody of their children, she continued. Non-governmental organizations were well organized to provide such women with financial or material assistance. Victims of domestic violence were also assisted by social welfare agencies. State attorneys also prosecuted cases of marital rape.
Ms. MUSULIN, Secretary of the National Commission for Equality, said that there was no special group within the Commission to deal specifically with the media. That did not mean that, should such a need arise, the Commission could not set up such a group. The Commission attempted to influence the overall climate in society with regard to gender equality. There were many women in the media, even at the highest levels, and the members of the Commission often appeared in the media to promote the fight against discrimination and the elimination of violence against women.
The activities of the non-governmental organizations were especially important, she said. They were in constant and direct contact with female victims of violence. Their experience was extremely important to the Commission, which was why the Commission attempted to support all initiatives by women's groups and non-governmental organizations aimed at eliminating violence against women and disseminating information in that regard. Also, human rights education was being introduced into the school curricula in Croatia, with women's rights a part of that project. The awareness of the general public had to be heightened, which was why special measures, such as educational programmes, had been created. Equality in the organization of family life would also be taught.
LIDIJA KARAJKOVIC, Assistant Minister of Justice, said that the judicial power was independent and autonomous. In each case, the aggravating factors that made women's position in society more difficult must be considered. Financial limitations were not an issue in instigating a court proceeding concerning marital rape and grievous bodily harm. In criminal acts of minor bodily harm prosecuted by a civil suit, women could resort to the so-called "poverty right", or seek assistance from non-governmental organizations.
Continuing to respond to questions about violence against women, she detailed the penalties for such crimes as sexual abuse by an authority figure, and the aggravated form of the crime involving a teacher or parent perpetrator. There was no criminal law covering incest, although under civil law the penalty was a fine or up to one year in prison. When the crime involved a minor, the perpetrator received from 6 months to five years in prison. When such an act was committed against a child, the punishment was up to eight years in prison.
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Ms. BORTEK-KNESAUREK, Director of the State Institute for the Protection of Family, Motherhood and Youth, answered a series of questions concerning assistance to battered women. Owing to the aggression in Croatia, a network of shelters for battered women had not been developed by the Government. However, the major role was played by non-governmental organizations and relevant ministries, which offered as much financial assistance as possible. What the Government had done so far was not enough. The national policy, therefore, emphasized the need for better cooperation between the Government and the non-governmental organizations.
Ms. MUSULIN, Security of the National Commission for Equality, said an earlier response had addressed the sensitization of media professionals to human right education. On another issue, she said there were no restrictions with regard to gender equality in the education system. Both sexes had the same curriculum. The Ministry of Education would be providing courses in gender discrimination for both male and female primary school teachers.
Ms. SIMONOVIC, Special Adviser for Human Rights to the Minister for Foreign Affairs, provided information on a programme of psychological counselling and health care for female refugees who had been victims of rape and violence. The issue of international adoptions had been raised, as a result of rapes during the war. However, since the numbers of those giving birth under such circumstances had been low, the Government had restricted international adoption. Priority for adoptions had been given to Croatian nationals. Female refugees had the option of putting their children up for adoption. Also, abortion was allowed for rape victims. Non-governmental organizations provided counselling and general assistance to rape victims.
Ms. BORTEK-KNESAUREK, Director of the State Institute for the Protection of the Family, Motherhood and Youth, said that cooperation between the Government and non-governmental organizations should be further developed to provide improved assistance to victims of rape and violence.
Ms. SIMONOVIC, Special Adviser on Human Rights to the Minister for Foreign Affairs, said that in recent years, Croatia had taken care of several hundred thousand displaced persons and refugees. Today, 287,000 refugees and displaced persons remained, mostly from Bosnia and Herzegovina. The human rights situation in Croatia was being monitored through the United Nations. A number of violent incidents against returning refugees had been recorded. However, those were isolated cases to which the authorities responded immediately. The magnitude of the number of missing persons in Croatia remained an enormous problem. Efforts to determine the fates of missing family members had been unsuccessful.
Ms. KARAJKOVIC, Assistant Minister of Justice, said that according to the penal law, bodily harm cases were prosecuted by the State Attorney. The duration of imprisonment of offenders had decreased, but that was due to the
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modernization of the penal law and was in accordance with suggestions made by the Council of Europe.
Turning to questions concerning childbirth practices and policies, she said that for the first time since 1986, following a long period, a positive birth rate had been recorded, along with a very low natality rate.
The report, presentation and composition of the Croatian delegation to the Committee demonstrated the Government's political will to eliminate stereotypes. The Government would investigate allegations of pressure on women not to become pregnant for a certain time after becoming employed. Such a contract was invalid under the law. If such cases emerged, both non- governmental organizations and trade unions could represent the women involved. That women did not report all sexual crimes was probably due to the prevailing stigmatization in society, which still needed to be addressed. That could be undertaken by increased reliance on cooperation between non- governmental organizations and the Commission. Meanwhile, such a stigma was gradually disappearing, as a greater number of women decided on reporting such crimes.
She said that there was a penalty or imprisonment of up to one year in the case of transboundary illegal trafficking of one or more persons. The crime carried a longer sentence when it involved a minor, even if the person prosecuted had no previous criminal history. Procurement for the purpose of prostitution was penalized under the law, with the imposition of a fine or up to one year in prison. Coercion or force would increase the sentence to up to three years. Cases involving a minor or a child carried a sentence of up to 10 years. Prostitutes were not covered under the criminal rape act.
Women attempting to stop prostituting themselves cold seek assistance from the police, and free advice could be obtained from non-governmental organizations, she said. The Government was co-financing those organizations as much as possible in that regard.
Ms. KARAJKOVIC, Assistant Minister of Justice, provided statistics regarding women in the legal field. For example, 10 of the 25 justices in the Supreme Court were women, and in 1997, 29 per cent of all attorneys in the country were women.
Ms. MUSULIN, Secretary of the National Commission for Equality, said there were no targeted programmes to educate women for leadership roles in political life, in general or at the grass-roots level. However, civic education in schools provided a good basic education about rights, responsibilities and opportunities in that area. The Government would examine the advice given by the Committee on that matter and consider developing such programmes.
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On the issue of women's participation in trade unions, she said such participation was very strong in Croatia because of the high participation of women in the work force. More than 40 per cent of the active work force were women. In addition, the country was party to the International Labour Organization (ILO) Conventions and Croatians were allowed freedom of association. Women held high leadership positions at all levels of the trade union movement, including holding the post of union president. They were also involved in tripartite labour bodies at all levels. The Deputy Minister of Labour was also a woman. An international conference on labour rights of women was held in Zagreb recently. In general, however, there was a special need for programmes to cater to women's needs in that area. She also addressed the issue raised about the emphasis on the role of women as mothers.
Responding to a series of questions concerning education, she said efforts were being made to increase the number of female school principals and female advisers in the education system. A large number of female university teachers taught in all faculties. Much more needed to be done through publishers and parents to address the need for changes in textbooks to promote gender equality. Funding had been allocated to address that issue. At present, women's studies was not part of the school curricula but the Government would consider its introduction.
Ms. BORTEK-KNESAUREK, Director of the State Institute for the Protection of the Family, Motherhood and Youth, said illiteracy did not exist in Croatia. The entire population was literate even in the remotest areas. Everyone had the right to education.
Ms. MUSULIN, Secretary of the National Commission for Equality, added information on employment and unemployment of women, on part-time work and on programmes to assist women workers. There was a lack of reliable data, including disaggregated data on the matter. There were national job creation programmes for women. The law allowed for equal pay for work of equal value.
MILA HRABRIC, Head of the Department at the Ministry of Health, in answer to questions about environmental protection and nutrition, said that centres for special diseases and a health programme to help improve the provision of health care had been established. The health-care system was part of the overall social welfare system. The health-care fund was a special public fund financed by the contributions of insurees and of some people over age 65.
She said the system of compulsory health insurance covered almost the entire population, and that entry into the system was wide open. It could derive from employment, retirement, family relationships, and persons who were at risk. All had health insurance at all three levels of primary, specialist and hospital care. She detailed other aspects of the coverage, including dental care and medicine.
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Due to the war, the funding had been reduced by half, from $2 billion to the current level of $1 billion, she said. That had to lead to the rationalization of the health-care system. As a result, the list of drugs provided free of charge had been reduced. However, drugs needed to treat serious diseases had not been affected. Oral contraceptives remained covered as hormonal therapy, and abortion was funded when it was medically justified. In spite of the cuts, the system of compulsory health insurance was very broad and covered some 98 per cent of the population. Furthermore, it did not discriminate between men and women. Unfortunately, there were no precise statistics regarding the number of women not covered by the plan.
There was no provision for a person to take leave to care for an elderly family member, she said. However, leave was permitted in order to care for one's child or spouse living in the same household as the insured. The duration of the leave was determined by the age of the child. There was a high level of institutionalized care for the elderly. Women accounted for nearly 80 per cent of the people living in retirement homes. As a result of war and human loss, the elderly members had lost the support of family members either killed or disabled in the war. Unfortunately, there was no compensation for leave by people looking after those family members. Serious consideration would be given to those issues.
Various widely used contraceptive methods were available to Croatian women, she said, adding that the cost of abortion was $170. The total number of legal terminations was the lowest recorded so far. Updated legislation on abortion was needed. While a new law would be based on the same principles as the existing one, it might include provisions for mandatory counselling before the termination of pregnancy. Hospitals were required to provide gynaecological wards with beds allocated for abortion patients or risk losing their status. Gynaecological service was free for all women. The expense for medically induced abortions was borne by Croatian health insurance, but there was no reliable data on the level of funding. Infertility treatment was also borne by insurance, entitling a woman to three trials of such treatment.
Ms. BORTEK-KNESAUREK, Director of the State Institute for the Protection of the Family, Motherhood and Youth, drew attention to two new projects on the reproductive health of female students involving scientific and curative research being implemented at all universities. Another important project involved education through the media on self-examination for early detection of breast cancer. No data was available on the incidence of teenage pregnancies.
She then provided statistics on substance abuse, noting that the number of addicts in 1997 was 8,000, of which 300 were cocaine abusers. A government body was addressing that problem. There was no reliable data on alcoholics. In the past 10 years, there had been a significant increase in female
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alcoholics. There was excellent cooperation between the Government and non- governmental organizations in that area.
Counselling for the improvement of family relations was available through non-governmental organizations and religious communities which served both women and men, she said. Local authorities were also very active in providing such services and carried out voluntary work. However, much remained to be done. The Government was not satisfied with the scope of activities for promoting the independence of rural women. The Ministry of Agriculture had initiated a number of programmes but they had not taken account of gender issues to any extent. There was a need to target programmes to improve the situation of that group.
In concluding, she said Croatian public opinion would not be satisfied with what had been achieved to date. Much more could be done and it could be done better. There was a strong political will on the part of the Government and the public to contribute to the overall development of civil society, and especially to the promotion and protection of human rights and the human rights of women.
As she concluded the meeting, the Committee Chairperson, SALMA KHAN, expert from Bangladesh, commended the delegation for its impressive and thorough response to the experts' comments and questions. She stressed the importance of partnership between the Government and non- governmental organizations in advancing equality for women. Croatia's next report should indicate the implementation of measures currently under way in that regard.
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