WOMEN"S ANTI-DISCRIMINATION COMMITTEE TAKES UP REPORTS OF GERMANY

Press Release
WOM/1173

WOMEN’S ANTI-DISCRIMINATION COMMITTEE TAKES UP REPORTS OF GERMANY

While the traditional allocation of family roles had made reconciliation of family and career exclusively a women’s issue, Germany would conduct a campaign to portray men as bearing an equal share of family work and child- raising duties, the Committee on the Elimination of Discrimination against Women was told this morning.

As the Committee took up Germany’s second, third and fourth periodic reports on compliance with the Convention on the Elimination of All Forms of Discrimination against Women, Edith Niehuis, Parliamentary State Secretary in the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth, said that while traditional roles had been reinforced by rigid regulations for child- raising leave under current German law, it was important to outline a new image for men. The Government hoped to convince men of the need for such a change.

She said a draft bill would be submitted to Parliament to strengthen the powers of equal rights commissioners and improve the framework for reconciling family and career, among other measures. The subject of “women and work” -– Germany’s priority programme for implementing the Convention -- also involved the issue of “men and family”, she stressed.

On average, the earnings of German women amounted to only about 77 per cent of men’s salaries, she said. Due to the country’s unambiguous legal situation, those differences appeared to be caused by other factors, often difficult to prove, rather than by direct wage discrimination against women. Consequently, the Federal Government had no way to regulate wage issues. Her Ministry would submit a report on equal pay and the economic situation of women to Parliament aimed at examining the primary causes of wage discrimination and making them more visible.

Also, this morning, expert members of the Committee raised concerns on issues discussed in the report, including violence against women, the situation of foreigners in Germany and the related element of xenophobia, trafficking in women and prostitution.

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

Women’s Anti-Discrimination Committee - 2 - Press Release WOM/1173 464th Meeting (AM) 1 February 2000

Committee Work Programme

When the Committee on the Elimination of Discrimination against Women met this morning, it was expected to consider the joint second, third and fourth periodic reports of Germany, submitted in compliance with article 18 of the Convention on the Elimination of All Forms of Discrimination against Women.

The fourth periodic report (document CEDAW/C/DEU/4), describing the legal and political framework for implementation of the Convention, states that the 1994 Second Equal Rights Act was another important instrument for promoting equal rights. An amendment to the Penal Law (July 1997) allowed for rape and sexual coercion in marital relationships to be subject to similar provisions corresponding to extramarital infringements. Addressing the economic and social framework, it notes that the increase to 41.6 per cent in 1996 of women among the total of those gainfully employed in West Germany was attributable to the shift towards the tertiary sector.

In efforts to comply with the Convention, about 1,500 towns and municipalities in Germany have local equal opportunity boards or offices for women’s affairs. They are all dedicated to the task of eliminating discrimination against women and guaranteeing them equal access to every sphere of life. Also, in January 1997, the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth presented the Federal Cabinet and the public with national strategies for implementing the Beijing Platform for Action. Those include participation of women in decision-making, improvement of their situation in industry, commerce and in the labour market, and the protection of human rights and elimination of violence against women and girls.

The report notes that girls and women generally had higher school-leaving qualifications than their male counterparts. Also, they were in the majority in vocational schools. However, training continued to be characterized by a marked division between men and women, as upon completion of schooling, most persons choose occupations requiring formal training in which their own sex has a majority. An initiative –- “Women provide new impulses in technology” -– has been launched where female role models from various sectors, including women in technical professions, give young women guidance for their future careers.

While structural differences between the new and previous Federal Lander persist, the situation of women in employment is gradually becoming more similar, the report continues. Modernization has radically altered the employment landscape. The loss of one job in three, and the noticeable increase in unemployment, particularly among women, illustrate the difficult conditions Germany faces. It has applied a number of programmes focused on the labour market and social policy to successfully cushion the impact of modernization. Also, flexible working hours, wage structures and new occupational fields in the service sector are objectives and strategies which benefit women in particular.

Regarding women in public life, the report notes that, while at 54 per cent, women constitute the majority of persons entitled to vote, they are still severely underrepresented in politics; more, however, are beginning to participate in public life. The latter is due to the fact that the educational standard and vocational qualifications of women have improved substantially in the last 20 years.

The combined second and third periodic reports (document CEDAW/C/DEU/2-3) describes legislative measures for the elimination of discrimination against women (Article 2 of the Convention).

It outlines the legislative sector’s decisive advances in the equal rights of women and men since 1940, noting, however, that despite many legislative improvements, there is still considerable discrimination against women in numerous areas. Among equal rights measures taken is the 1993-1995 Act amending the Act on Assistance for Pregnant Women and Families.

According to the report’s section on measures for promoting and safeguarding the full development of women (Article 3), Germany’s equal rights policy, rather than representing a uniform model of life planning for women and men, is intended to take the different capabilities, needs, life expectations and goals of women into account. It aims to enable both women and men to make self-determined decisions on their own responsibility as far as possible, without being tied to set roles.

Regarding the elimination of stereotyped roles (Article 5), the report describes a mobile exhibition entitled “Girls in picture books” as an exemplary display of gender-specific and neutral, non-sexist representations in picture books over the previous 100 years. An additional example is the “Women and men are equal” book for schools, which was developed for children and youths. It is intended to support the elimination of handed-down attitudes and behaviour, as well as the shaping of an identity based on equality and partnership of the sexes.

On eradication of trafficking in women and forced prostitution (Article 6), the report says that the criminal law provides for the protection of foreign girls and women against sexual exploitation, specifically against the dangers of forced prostitution and trafficking in human beings. Some Federal Lander ensure that victims of trafficking in women who are illegally resident in Germany are not immediately deported back to their native countries if they are willing to be witnesses at trials concerning trafficking in human beings.

According to the report’s section on women’s participation in political and public life (Article 7), the appointment of eight women as Ministers and Parliamentary State Secretaries in the Federal Government reflects a policy which includes women as equals in all important social decisions. At the end of 1995, 13 of Germany’s approximately 250 foreign missions were headed by women -– six ambassadors and seven consuls-general, compared with six out of about 200 foreign missions in 1989.

In addition to sections covering measures taken under the other articles of the Convention, the reports contain extensive statistics and annexes relating to developments in Germany’s efforts to implement that instrument.

Statement by Government

EDITH NIEHUIS, Parliamentary State Secretary in the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth of Germany, introducing the reports, stated that women had been severely affected by the transition following the unification of the former German Democratic Republic and the Federal Republic of Germany. Currently, about 55 per cent of all unemployed persons in the new Lander were women. Despite that setback, new institutions and initiatives had emerged to ease the social situation of women. For example, the obligation to establish equal rights offices had been incorporated into most municipal constitutions and local government codes. Also, since reunification, the subject of violence against women was no longer taboo in the eastern part of the country.

She emphasized that by signing the optional protocol to the Convention on 10 December 1999, the Federal Government had underscored its importance as a key step towards more effective monitoring and enforcement of women’s rights. Germany would initiate the ratification process during this year.

The first priority in that process was the “women and work” programme to provide new impetus for equal opportunity and to promote equal participation in both the work force and society, she continued. A number of measures had already been implemented, while others were being planned. The programme was aimed at the practice of gender mainstreaming which would be incorporated into the rules of procedure of the Federal Government.

She stated that a draft bill would be submitted to Parliament, entitled “Act to Improve Equal Opportunities for Women and Men in the Federal Administration” that would strengthen the powers of the equal rights commissioners and improve the framework for reconciling family and career, among other measures. Moreover, the underrepresentation of women in management positions in German business and industry was a cause for serious concern. The Government was seeking to increase public awareness of that fact as prior experience had shown that voluntary action by the private sector was not enough.

She noted that, on average, the earnings of women in Germany amounted to only about 77 per cent of men’s. Due to the unambiguous legal situation, those differences appeared to be caused by other factors, often difficult to prove, rather than as a result of direct wage discrimination against women. Consequently, the Government had no way to regulate wage issues. Her Ministry was going to submit a report on equal pay and the economic situation of women to the German Bundestag, aimed at examining the primary causes of wage discrimination and making them more visible.

She further outlined the “women and work” programme initiatives for women in future-oriented occupations, female entrepreneurs, equal opportunities in teaching and research, and reconciliation of family and career. The subject of “women and work” also involved the issue of “men and family”, she asserted. Until now, the traditional allocation of roles had made reconciliation of family and career an exclusively women’s issue. That pattern had been reinforced by rigid regulations for child-raising leave under the current law. While it was necessary to improve those conditions, it was also important to outline a new image for men. Therefore, they hoped to convince men that a new male image was needed and would conduct a campaign that would portray men who bore an equal share of family work and child-raising duties.

She said that one manifestation of the patriarchal structures that had persisted was violence perpetrated by men against women. Therefore, the Federal Government had drawn up an action plan that involved all authorities and non- governmental organizations involved in the fight against that form of violence.

The plan focused on areas including prevention, legislation, working with offenders, networking of assistance services and international cooperation. She noted that structural changes were necessary and isolated and selective measures could not continue, as they failed to do justice to the complex nature of that violence. Measures to prevent violence must also take account of the special situation of disabled women and girls, older women, and foreign women and girls. In that light, research and projects were already under way.

Turning to the issue of trafficking in women, she said that those who engaged in that abuse of fundamental human rights must be prosecuted, and experience had shown that witness testimonies were the only way to obtain court conviction of the offenders. It was difficult to get testimony if the victims were deported from Germany because they were working illegally in the State. Consequently, women who might be victims of trafficking would be granted a stay of deportation for at least four weeks and given professional protection. In addition, a nationwide working group that included several federal and land ministries, the Federal Criminal Police Office and specialized advisory services for women had been established to stop trafficking in women. Another working group to combat domestic violence would be set up shortly.

Referring to a number of areas where Germany had made progress or needed to take action, she said that, with respect to article 12 of the Convention, results of the first comprehensive study on the health of women in Germany would probably be presented at the end of 2000. Also, in November 1999, the drug Mifegyne (RU486) had been approved for use and gave women an alternative to abortion. Furthermore, the law on abortion was based on the concept of protection of life and left the final decision to the woman herself. A variety of pregnancy conflict-counselling services were also available around the country.

She stated that women were increasingly bearing the brunt of structural change in rural regions, and the Federal Government, in compliance with rticle 14, was supporting pilot projects to promote structural change and offer rural women alternative means of earning a living in future-oriented occupations. The Government was also planning to commission a representative study of the living situation and social integration of foreign women and girls, an area that they had previously neglected. A new law on nationality of 1 January would improve the lot of foreign women and their children.

Comments and Questions by Experts

An expert expressed surprise that the German delegation had not distinguished between the Convention, which was a binding international instrument, and the Beijing Platform of Action, which was not binding and which depended on the political will of States. Was the philosophy of Germany’s equal rights policy within the framework of human rights? The delegation had not sufficiently emphasized the Convention.

She said that the concept of reconciliation of family and career placed the responsibility for the family and for child-bearing on women, which fell within the context of deeply rooted stereotypes. Regarding Germany’s 7.4 million foreign population, half of whom were women, she asked how they were integrated into German society. What rights did they enjoy and what were the results of efforts to integrate them?

She asked how the new German nation planned to combat violence against women. Since prostitution was neither punishable nor legal, but merely held to be contrary to public morals, on what basis were the earnings of prostitutes taxed? Were self-employed prostitutes subject to health insurance? If the law was not changed they would be facing double discrimination.

She urged the German delegation to make wider use of the Convention, to involve non-governmental organizations in disseminating it, to introduce it in schools and to make women aware that it was an international instrument backed by the Federal and Lander governments.

Another expert said the report contained insufficient focus on discrimination against women. It would be very difficult to ensure compliance with the Convention in terms of equal job opportunities and equal pay for women.

She said that Government efforts towards the social integration of the more than 7 million foreigners, particularly women and children, was very important in view of acts of racism and xenophobia against them. Were any measures in place to ensure future access to information on xenophobic acts against women? Was there any information regarding race, ethnicity and xenophobia, or that women might be the prime targets of such acts?

Regarding a training programme on ethnicity and racism, she asked if it took gender aspects into account. What was the programme’s scope, how was it set up and how many people had received training? Further protection for those subject to that form of violence was very important. Although there was no discrimination in the laws, in practice there was discrimination in education and in access to jobs. There were no statistics to explain or show that there was no discrimination between German and foreign women, she noted.

Another expert stressed that Germany was seen as a leader in the implementation of human rights treaties such as the Convention and that what it did was followed closely by other States. Its amendment of the Basic Law passed in 1994 was a demonstration of Germany’s intensifying efforts to eliminate discrimination against women. How would the aim of that amendment -– eliminating discrimination -- be implemented?

She said there must be a retraining of mindsets. How would women wanting to reinforce their rights obtain remedies under the Basic Law? How well did women at the grassroots understand the amendment and how was the Convention integrated in their understanding of the Basic Law? Had there been any rulings touching on the Convention and in integrating women’s rights into substantive equality?

What practical measures had been adopted to allow women to bring complaints about rape or other violence? she asked. Did rape victims have to prove they had not consented to rape, or must the accused prove consent?

She asked what provisions there were to protect older women against violence. Society must be educated to understand that violence against women

was an unacceptable phenomenon. Traditional mindsets must be altered so that women were not seen as secondary people in the setting of the family and that they had the right to live in dignity.

Questioning Germany’s policy on foreign women victims of trafficking, she said they were victims of a modern form of slavery and had perpetrated no offence. Notions of arrest and deportation in that context were inappropriate. Such women needed generous emotional and financial support while they remained in the country to ensure they were not too traumatized to give evidence against the traffickers.

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