WOMEN'S ANTI-DISCRIMINATION COMMITTEE BEGINS CONSIDERATION OF CZECH REPUBLIC'S INITIAL REPORT

26 January 1998

Press Release
WOM/1013

WOMEN'S ANTI-DISCRIMINATION COMMITTEE BEGINS CONSIDERATION OF CZECH REPUBLIC'S INITIAL REPORT

19980126 Describes Dramatic Changes since 1989 Return of Democracy, Free Market; Czech Representative Outlines Difficulties with Criminal Gangs, Prostitution

Despite a decline in the "spontaneous spread of street prostitution" in the Czech Republic, organized prostitution continued to be biggest source of financing for criminal gangs, a representative of that country told the Committee on the Elimination of Discrimination against Women this morning, as it began its consideration of the Czech Republic's report on its implementation of the Convention on the Elimination of All Forms of Discrimination against Women.

Organized gangs from the Russian Federation, Bulgaria, the countries of the former Yugoslavia and others continued to spread their operations onto the territory of the Czech Republic, that country's Deputy Minister of Labour and Social Affairs, Bela Hejna, told the Committee. Increased attention had, therefore, focused on the protection of women in connection with prostitution and trafficking, including cooperation at the international level.

Following the introduction of the report, several experts expressed concern about the absence of a national machinery for the promotion of the advancement of Czech women. While legislation could protect gender equality, it could not promote it. The best way to achieve de facto equality was to establish some sort of national machinery to develop an overall strategy and serve as a consultative body to the Parliament, they said.

Other experts warned that the "overemphasis" of the then socialist regime on the individual identity of women over their traditional roles might now "swing to the other side". Indeed, several experts expressed concern that the new Government emphasized women as caregivers, rather than as individuals. Protecting motherhood and other traditional roles should be balanced by also promoting women's roles in other spheres, they said.

While the report asserted that women's lives were determined by individual choices, experts drew attention to the structural patterns within the Czech society that determined women's status, and even impeded it. For example, women's political participation had declined, they faced higher unemployment than men, and they were paid lower wages.

The Committee will meet again at 3 p.m. today to continue its consideration of the Czech Republic's report.

Committee Work Programme

The Committee on the Elimination of Discrimination against Women met this morning to consider the Czech Republic's compliance with the Convention on the Elimination of All Forms of Discrimination against Women. It had before it the Czech Republic's initial report (document CEDAW/C/CZE/1 of 15 October 1996), which describes the changes brought about by the return since 1989 of a parliamentary democracy and a market economy and details implementation of the Convention.

The report states that the Czech Republic, upon its establishment on 1 January 1993, assumed all obligations arising from the international law on the Czech and Slovak Federal Republic. It joined the United Nations three weeks later and informed the Secretary-General of its intention to be bound by the international multilateral treaties to which the Czech and Slovak Federal Republic was a party on the day of its dissolution. The national principles regarding the implementation of women's rights had been formed before the dissolution of the Czech and Slovak Federal Republic, the report adds, in accordance with the ratified international instruments of the United Nations and the long-term strategies adopted by that body and by the European Union.

According to the report, problems faced by women are linked to the principal changes under way in the Czech society in the political, economic and social sphere with the passing of the communist system. Although equal opportunities for women in social and personal life were part of the official ideology of the communist regime, economic resources and political interests limited their implementation and control. For example, while the former policy of full employment resulted in the high employment of women, that high employment was not the result of a free option, but of economic necessity and often curtailed their material and family role.

The report asserts that such a rash, formal promotion of economic, social and political emancipation of women without adequate compensation in other spheres of their lives did not lead to equality. Thus, the mechanism for promoting such equality is currently being transformed from a formal, one-sided politicization of women's problems and their "management from above" to an environment in which the concerns of individuals are addressed in the community.

Specific efforts under way include the establishment of a government organ to protect the rights of women and children in the family, and the creation of comprehensive measures to address the problems connected with prostitution and violence against women, the report continues. A process is also under way to strengthen the rights of victims of sexual exploitation.

The report points out that, while Czech legislation contains provisions protecting women as privileged targets in connection with six types of crimes,

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it does not contain specific provisions aimed exclusively at the elimination of violence against them. With respect to suppressing prostitution and trafficking in women, the Czech Republic ratified the 1926 Slavery Convention in 1930 and in 1958 signed the 1956 Supplementary Convention of the Abolition of Slavery, the Slave Trade and Substitutions and Practices Similar to Slavery. It has also been party to the 1949 Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others since 1958.

Despite the comparatively widespread protection of women against sexual exploitation, its incidence has not declined, according to the report. For example, criminal gangs controlling organized prostitution have emerged, and organized crime, including organized prostitution, is widespread, above all in Prague and its vicinity. It ranks among the most common crimes in the area of western and northern Bohemia, where it is carried out by Czech and Ukrainian groups and where girls are often forcibly exported from the Czech Republic or imported from Ukraine or Belarus.

The report also draws attention to the export of women for the purpose of forced prostitution by Yugoslav, Kosovo Albanian, Greek and Turkish gangs, as well as Czech gangs. Girls are enticed by advertisements offering jobs in foreign countries and then are intimidated and abducted. Ukrainian gangs import girls from Ukraine and Belarus to the Czech Republic and export them to western Europe, while Asian groups usually cater to the needs of their own community. Romany gangs operating in northern Bohemia use abductions and violence. Upmarket prostitution is organized by nightclub owners and taxi drivers. Russian and Ukrainian gangs strive to control prostitution in hotels and nightclubs. German citizens smuggle Czech prostitutes with altered travel documents.

Organized prostitution, the smuggling of people and illegal migration is the responsibility of the Department for Illegal Traffic in People, which is part of the Authority for the Disclosure of Organized Crime, the report states. The Department cooperates closely with the Aliens and Border Police and with the Investigation and Intelligence Service. Its international links include the Waidhaus Criminal Police, and an effort has been made to establish cooperation with the Slovak Republic.

With respect to the elimination of discrimination against women in political and public life, the Czech Republic is party to the 1953 United Nations Convention on the Political Rights of Women, the report states. The right to vote is universal and equal and Czech citizens have equal access to any public office, although the participation of women in political life has declined since 1989. Prior to 1989, a 30 per cent minimum was strictly observed in order to demonstrate the increasing emancipation of women. Following the 1992 elections, however, the percentage of women in the

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Parliament dropped to 10 per cent. In addition, women are not represented in the current Government, including at the executive level.

The report states that both boys and girls have equal access to education. The fact that some institutions, such as military schools, admit only men is caused by the different physical abilities of men and women and cannot be regarded as discriminatory. While the educational level of the population has improved owing to the steadily increasing number of secondary school and university graduates, the percentage of people with primary education dropped from 83 per cent in 1950 to 33 per cent in 1990 and that drop has been the sharpest among the female population.

Furthermore, the report continues, while the number of women attaining higher education has increased, there is a discrepancy between the increasing level of education of women and the cases in which women have no further use for their education and training, according to a survey in 1984. As many as 25 per cent of Czech women never worked in the field for which they were trained and 30 per cent later abandoned their specialization.

Despite the Charter's provision of equal pay for work, the report states that the average hourly wages of women are approximately 75 per cent of those of men. The difference is attributable to an employment structure that reflects the different physical abilities between men and women, as well as the maternal and family role of women. Such "interruptions", arising from family responsibilities, hamper the accumulation of knowledge and experience, as well as overall professional development, and limit women's chances of holding time-consuming and responsible posts. Women, therefore, take on jobs that are less demanding and are, therefore, lower paid. On the other hand, women who prefer their professional career to the maternal and family role receive compensation comparable with that of men.

The report notes that the incidence of induced abortion in women of childbearing age represents a major public health problem in the Czech Republic, with the incidence two or three times higher than in other western European States. The country ranks among those with the highest registered number of induced abortions, which reflects the insufficient use of contraceptives. However, the recent increase in the use of modern contraceptives has contributed to a decisive downturn in the abortion rate in the Czech Republic.

Men and women in the Czech Republic have equal rights and obligations with respect to marriage, according to the report. On the suggestion of either spouse, the Court may divorce a married couple, taking into consideration the interest of the minor children. In addition, the Court determines custody and child support, as well as the division of property.

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The report outlines the way in which the pension system differs for men and women. Pensions are paid starting from a statutory age limit and are calculated on the basis of the length of employment. For a childless woman, the statutory age limit is 57 years and may be lowered to 53 years, depending on the number of children. For men, the statutory age limit is 60 years. The limit will increase gradually over the next several years to a 62 year limit for men and a 61 year limit for women, with a corresponding lowering to 57 years, depending on the number of children.

Introduction of Report

BELA HEJNA, Deputy Minister of Labour and Social Affairs, introduced the report of the Czech Republic. She said that, since some time had passed since the submission of the initial report, her statement would focus on the most important changes affecting the status of women in the Czech Republic.

Prior to 1989, women's rights were safeguarded by laws under the communist system, although individual rights and freedoms in the country during that period had been violated regardless of their protection under the Constitution, she said. Now, the development of a market economy, while offering new possibilities, also carried with it certain negative aspects for the situation of women. However, those were being addressed. Recent steps had strengthened the position of women in the labour market and in the social sphere. The Czech Republic had ratified a number of instruments of the International Labour Organization (ILO) concerning the work and working conditions of women. Government policy perceived the interests and needs of women to a great extent, though not exclusively, within the context of the family.

Czech legislation did not contain any provisions guaranteeing preferential treatment for men and denying rights to women, she said. Some specific provisions took into account the physical abilities of women and the requirements of their irreplaceable maternal role. The rights and living conditions of men and women were embodied in the social, labour, family, civil and criminal laws. An amendment to the Employment Act had resulted in a substantial change, whereby a person taking care of a child below the age of three years or of a seriously handicapped child below the age of 18 years qualified for all social insurance benefits, as if that person were employed. Such a change helped to eliminate discrimination against women, since most such caregivers in that regard were women.

Furthermore, a new professional training tool for job seekers was being tested at selected employment offices, she continued. One of those groups of job seekers was formed by women on maternity leave, women in households and other persons taking care of family members and whose qualifications did not make it possible for them to find corresponding jobs in the labour market. Professional training had so far proved to be a highly effective tool. The

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training had assisted those persons who had lost their jobs due to restructuring, as well as women on maternity leave and housewives.

She said that proposed changes in the area of wages and salaries were aimed at strengthening the principle of equal pay for equal work. Such changes were expected to provide increased protection to all employees in case of actual or suspected gender-based discrimination. The pension insurance act changed a static system into a dynamic one, which could better react to the changing economic conditions. She also described in detail the differences concerning the eligibility of men and women for individual pension insurance benefits.

There had been no fundamental changes in health or social insurance since 1994, she said. The only change was that three kinds of health insurance benefits -- child benefits, death allowances and maternity grants -- had been removed from health insurance programmes and transferred to the State social allowance system. Such a system protected employees who had lost their income for reasons of short-time social events, which included illness and maternity. The conditions for participation in health insurance, as well as the conditions for qualification for the allowances, were basically the same for both men and women, except that women were entitled to a wider range of allowances for physiological reasons, such as childbirth.

She said that a number of women's civic associations had been created in the Czech Republic. Those had developed activities oriented to women's issues, such as domestic violence and violence against women. Such associations and non-governmental organizations (NGOs) had a wider platform of women's rights in their programmes, which included joint conferences and workshops on the situation of women. State entities were represented at most of those events.

The new concept of education, based on the role of men and women in the family and in society, must respect biological and mental differences between the sexes, while simultaneously insuring the complete equality of the sexes, she said. All students learned about human rights, family education, sex education and personal safety. All topics were based on respect for the sexes. At the primary school level, a programme existed that included education on matrimony, parenthood, child care and so forth. The position of women in society was part of civic education.

She said that with the increasing employment of women after 1945, teaching became their domain. Today, women represented the greatest percentage of teachers at all levels, except at the university level. The higher the level of education and technological orientation, the lower the percentage of women. Among the newly appointed professors and senior lecturers, women accounted for only some 4 per cent. Thus, new measures were being used to make higher-level teaching jobs attainable by the passage of

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certain examinations. That measure should prevent the drain of qualified and capable teachers from schools and open up the possibilities for young teachers, as well.

Concerning health care, a 1997 decree specified explicit jobs and work places that were prohibited to women, including to pregnant women and new mothers, she said. Simultaneously, a draft act was being prepared in the form of an implementation regulation, which laid down conditions for protecting health at work and limiting the negative factors of the working environment.

As far as monitoring AIDS infected persons, it was recommended that all pregnant women undergo confidential AIDS tests. A separate part of the national AIDS programme concentrated on preventing the illness among prostitutes. There was also a network of AIDS counselling centres and confidence telephone lines. Within the framework of the National Health Programme implemented in 1992, a number of projects concentrated on the health aspects of pregnancy, nutrition and the use of drugs. Given the relatively high national level of health care, those projects played a supplementary role.

She said that increased attention was being paid to the criminal protection of women in connection with prostitution and illegal migration. Prostitution was not considered a criminal offence. At the same time, procurement, or the exploitation of prostitution, was viewed as a criminal offence. Recently, there had been a decline in the number of such offences, as well as in the "spontaneous spread of street prostitution". However, organized prostitution continued to be "the fastest and biggest financial source" of funding for criminal gangs. Moreover, organized gangs from Russia, Bulgaria and the countries of the former Yugoslavia, among others, continued to spread their operations on the territory of the Czech Republic.

She drew attention to the adoption by the Czech Republic of measures to combat such activities. A special unit for the detection of organized crime had been established, she said. That unit also dealt with the problem of illegal migration in general, including traffic in women and children. It cooperated at the national level with government bodies, as well as with the NGOs focused on violence against women. At the international level, there was efficient cooperation with Austria, Belgium, Netherlands, Great Britain and Slovakia. That cooperation was based on a concerted and coordinated procedure in the investigation of individual cases. A new law, which entered into force on 1 January, provided financial assistance to crime victims, thereby contributing to women victims and their families.

General Comments

The Committee Chairperson, SALMA KHAN, thanked Ms. Hejna for her presentation, and opened the floor to experts for general comments.

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Several experts thanked the Czech Republic's representative for the initial report and for her oral presentation. One expert noted that the country's first democratic president, who had himself been a victim of human rights violations, had taken great efforts to ensure that the human rights of its citizens would be respected and protected. Another noted with great pleasure that Czech women seemed to have made great achievements in the areas of education and health.

Concern was expressed by several experts that the Czech Government seemed to emphasize women as caregivers or as family members, rather than as individuals. Experts noted with concern that mention had been made throughout the report of the maternal and familial roles played by women, a fact which seemed to indicate that stereotypical gender perceptions were still in place. In the report, reference had been made to the high rate of women's integration into the work force under the previous political system, with the comment that the result had been deleterious for women's responsibilities in the family, one expert noted. The approach of supporting motherhood and women's roles in the family should be balanced by additional emphasis on women's roles in other spheres, and on women as individuals, several experts said.

More substantial efforts should be given to implementing article 5 of the Convention, to deal with stereotyping women, an expert said. Was it the Government's view that women's priority responsibilities were within the family, or was work being done to transform that stereotype and get away from it? she asked. What was the Czech Government's view of men's role in the family? Several experts also expressed concern over the low level of women's participation in civic life. While real democracy required the full participation of its citizens, it seemed that no measures had been undertaken to increase the participation of women in decision-making posts, they said.

A number of experts asked for clarification of the report's mention of different physical capacities of men and women, and of the irreplaceable maternal functions of women. Specifically, they asked whether particular jobs were prohibited to women for physical reasons.

Several experts pointed out that the report had mentioned that after the Fourth World Conference on Women, held in Beijing in 1995, NGOs had stressed the need to establish a governmental body to address family, women's and children's problems, as well as establish impartial data on the needs of women. What steps had been taken on that matter to date? they asked. Had there been any overall action plan and machinery for full implementation of the Convention on the Elimination of Discrimination against Women? As of September 1997, the Czech Republic had not had a plan -- or even a draft plan -- for implementing the Beijing Platform for Action, one expert said. Several experts asked whether NGOs, particularly women's groups, had participated in drafting the initial report.

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An expert said that the report and the oral presentation had emphasized that the social positions of women were the result of their individual choices. However, the report indicated structural patterns within the Czech society which determined women's status. Those structural patterns were political, including the underrepresentation of women in politics, economic and related to violence against women. A full 25 per cent of women had not worked in the field in which they were trained, according to the report. There was also a discrepancy between education and the employment of women. Women were employed at a lower rate than men, and paid lower wages, while some work was forbidden to women, according to the report. The Czech Government had no specific legislation specifically aimed to eliminate violence against women, she noted.

An expert said she would have preferred the inclusion in the report of a socio-economic analysis of the country's political and economic transformation. She would also have welcomed information on how women were dealing with the country's transformation, considering their experience under the previous socialist regime.

Comments on Specific Articles

Turning to article 2, on legal and administrative measures to eliminate discrimination, an expert requested further information about how women had utilized the legal protection that ensured their right to lodge complaints with the courts when certain rights were violated. She asked whether the reformed family was part of the old regime or the new democracy. Furthermore, if everyone was entitled to compensation for damage caused by the unlawful decision of a court or incorrect official procedure, how many cases of such compensation for damage had been brought by women and for what damage?

She also asked about the statement in the report and oral presentation that the international law or treaties to which the country had acceded had superior authority above national law. Had the Convention been invoked before a court and for what reason? She noted that nothing in the legislative life of the country had changed since the Beijing Conference, which had made specific recommendations. Specifically, had anything been done with regard to violence against women? Legislating women's rights was a very long and arduous process, especially in the area of domestic violence. However, it was a necessary one, she said.

Another expert said that legislation could protect, but not promote, gender equality. It was, therefore, important to acknowledge the gap between the law and reality. The best way to achieve de facto equality was to establish some sort of national machinery to coordinate and impose pressure on programmes and measures to be undertaken concerning equal opportunity issues. Was there any concrete plan to establish such machinery? she asked.

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On article 3, which concerns the advancement of women, an expert asked how, in the absence of any national machinery, such advancement was ensured. The NGOs sometimes lacked the technical or financial backing to realize their goals. Besides NGOs, she asked, was there anything in place to create a coherent and consistent articulation of policy and spell out strategies with reasonable and quantifiable goals? A policy of promoting women's rights had to be translated into reality. The "strong wake-up call" in Beijing needed to be heard, she said.

Another expert said that she was "very worried" about the absence of an "exact national machinery for the promotion of advancement of women". Such a body was needed to oversee the whole strategy and serve as a consultative body to the parliament for the new laws of equality. The Czech Republic should "very urgently" examine the possibility of establishing such machinery.

Another expert expressed concern that, given the experience of the last socialist regime and its overemphasis on the individual identity of women, things might "swing to the other side", with women overprotected to the detriment of other aspects of their development. Apart from need to establish a national machinery, women's programmes in civil society and NGOs must also be pursued. Sustained education in gender awareness and training was also needed. There had been no mention of how men could share in childcare responsibilities. If that did not happen, women's rights and role in Czech society might be forever marginalized.

Concerning article 4, on temporary measures to ensure equality, an expert noted that there was hardly any country in the world where unintentional discrimination against women did not take place, because of their biology and society's stereotyping. It was very important, therefore, to implement article 4. Any action undertaken by the Government to eliminate direct and indirect discrimination was very important, as were special measures to eliminate such "hidden discrimination".

On article 5, on the social and cultural patterns leading to discrimination and stereotyping, she noted that the Czech Republic ranked among those countries with the highest number of induced abortions, despite the increased use of contraceptives. Although that data related to health, rather than to the issues contained in article 5, there should be some linkage between them. The induced abortion rate was 23.3 per 1,000 women, according to a 1994 study. Given that high level, she expressed an interest in the reasons for that phenomenon. She also wished to know what programmes or measures were being undertaken to change attitudes and motivate women to adopt a greater social role. She added that the media had an enormous impact in that regard.

Several experts sought more information about the level of domestic violence, as well as plans for its curtailment. Was there any help specifically

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targeted to the victims, such as shelters or legal aid? one expert asked. Were there any plans to counsel men? Another expert asked why there was no specific provision in the legislation aimed at eliminating violence against women. Was that because there was no violence against them, or because it was on a small scale? she asked. In addition, what steps were envisaged to combat it?

Another expert drew attention to the different retirement age standards for men and women. Could a woman choose to retire at an earlier age than a man, or was she required to do so? she asked. Also, she did not understand the reference to the "mental differences" between the sexes. Those were not often used as a basis for understanding the differences between the sexes, but rather were the result of stereotypical attitudes that required changing.

Under article 6, on suppression of the trafficking in women and exploitation of the prostitution of women, experts commended the report's frank and detailed information. One expert said that legislation and other measures aimed at eliminating violence against women must conform with the Convention's other items, as well. Measures and legislation to protect women's rights in one sphere should not lead to rights violations in another.

An expert asked how many traffickers and procurers had been tried and sentenced over the past year, and what penalties had been imposed upon those found guilty. What happened to immigrant women once a trafficking network was discovered? Were they expelled or did they have a chance to testify against the traffickers? She also asked what the Government was doing to protect women and prevent their becoming the victim of any kind of violence.

Noting that crime syndicates were operating within the country, another expert said the effects of economic liberalization on women should be studied and addressed comprehensively. She asked what amount of resources were made available to the two governmental bodies that dealt with the problem of prostitution and illegal trafficking in women, and whether those bodies were participating in bilateral or multilateral arrangements.

When women fell victim to organized crime for prostitution and trafficking, they were frequently subject to other kinds of physical violence, another expert said. The State should investigate such abuses. She noted that no information had been provided to the Committee on preventive programmes and campaigns, which would warn those most vulnerable to the sorts of organized crime that was preying on the poverty of Czech women.

The report referred to punishing those who made pornographic works depicting sexual intercourse with a child accessible to those under 18 years old, an expert noted. Yet, most pornographic material involved adult women. Was that punishable, as well? she asked.

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The Chairperson said she was concerned that violence against women had not been addressed in the Czech legal framework. Continuing and endemic violence against women hampered every aspect of their development. The trafficking of women was not the only cause of illegal migration, she said. Poverty, lack of employment and single motherhood were other factors leading to illegal immigration.

Taking up article 7, on the elimination of discrimination against women in political and public life, an expert asked what factors explained the dramatic decrease in women's public and political participation, particularly in decision-making posts. Another expert noted that Czech authorities and women's organizations did not seem to be in line with the movement in Europe towards "parity democracy". From 1990 to 1993, there had been an upsurge in NGOs in the Czech Republic, she noted, but a number of those had already ceased to exist, or had limited membership. What was the cause of that reversal? she asked.

The Chairperson said that the participation of women in political and public life had declined drastically, and no woman enjoyed executive powers, according to the report. Further, the Committee had been informed that most women in the Czech Republic rejected the re-establishment of fixed quotas to increase female participation. What was the basis for that statement? she asked. In the previous regime, it appeared that women had assumed a high level of participation because of quotas. If women did not enjoy executive powers, how did the Government envision achieving equality? she asked.

Turning to article 10, on eliminating discrimination against women in education, an expert referred to six "household economy" schools for girls. The overall trend in education was towards integrating curricula. What was the underlying assumption for having separate schools for girls? she asked. Healthcare, teacher training and library science had all become predominantly feminized, while men dominated the technical fields. The segregated household economy schools would not help cope with that problem. She asked whether any measures, such as counselling or scholarships, were being introduced to encourage girls to study science and technology at all educational levels.

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