REPORT TO UN COMMITTEE INDICATES PROGRESS TOWARDS EQUALITY FOR WOMEN IN PRINCIPALITY OF ANDORRA, BUT GAPS SAID TO REMAIN

Committee on Elimination of

Discrimination against Women

Twenty-fifth Session

516^th and 517^th Meetings (AM & PM)

REPORT TO UN COMMITTEE INDICATES PROGRESS TOWARDS EQUALITY FOR WOMEN

IN PRINCIPALITY OF ANDORRA, BUT GAPS SAID TO REMAIN

Efforts to Comply with Anti-Discrimination Convention Are Reviewed

Economic development in Andorra, and the gradual replacement of a farming economy with a service economy had coincided with a transformation of attitudes towards women there, but considerable gaps remained, a representative of the Cabinet of the Minister of Foreign Affairs of Andorra told the Committee on the Elimination of Discrimination against Women today.

The Committee, comprising 23 experts from around the world acting in their personal capacities, monitors compliance with the Convention on the Elimination of Discrimination against Women.  Operational since 1981, it requires States parties to eliminate discrimination against women in the enjoyment of all civil, political, economic and cultural rights.  Often described as an international bill of rights for women, the treaty consists of a preamble and 30 articles defining what constitutes discrimination against women.  It also sets up an agenda for national action to end such discrimination.

During two meetings today, the Committee considered the first report from Andorra on its compliance with the Convention.

Introducing the report, Esteve Vidal, Counsellor-Delegate for Institutional Relations of Andorra, underscored the link between the overall status of women to the country's development.  Times had changed and women had gradually been integrated into all areas of political, economic and social life.  In terms of employment, however, Andorran women generally held the least qualified jobs while men filled decision-making posts, regardless of age and educational achievement.  Considerable pay gaps also persisted, to the detriment of women.  It would not be easy to overcome those differences, especially since Andorran women carried out the household tasks and the care of the children almost entirely on their own.

The country report had found that, with time and awareness-raising, women's rights and the recognition of women's role in political, economic and social life were gradually gaining ground in Andorra, and deep-rooted discriminatory social and cultural attitudes had begun to change.  Mr. Vidal detailed the country's progress towards the promotion of the equal rights of men and women, but said that despite some gains, no effort should be spared towards bridging the "considerable gaps" that were still a reality in Andorra. 

In preliminary remarks, several experts applauded Andorra’s shift to a modern society and the eagerness of the Government to integrate women into the process.  Of particular note was the signing yesterday by Andorra of the Optional Protocol to the Convention, which entitles the Committee to consider petitions from individual women or groups of women who have exhausted national remedies and to conduct inquiries into grave or systematic violations of the Convention. Another positive development had been the incorporation of international human rights instruments into the national legal system, experts said.

At the same time, concern was expressed about the discriminatory nature of the labour market and its handling in the Constitution, which one expert described as too far removed from the reality of the lives of working men and women and from the country’s responsibilities under the Convention.  The wage gap was especially disturbing.  Higher pay for construction workers than for nurses, for example, was an outdated patriarchal concept that favoured men.  The country was moving away from a time when physical strength defined one’s value in the labour market, such as in agriculture.  Legislation should keep pace with such changes, experts urged.

The Committee is to hear a response from the Andorran delegation on Friday, 13 July.

The delegation from Andorra also included Roser Sune-Pascuet, Ministry Plenipotentiary, Chargé d’affaires to the United Nations; Ester Rabasa, Ministry of Education, Youth and Sports; Pilar Triquell, President of the Women Association of Andorra; and Palmira Bernaus, Women Association of Andorra.

The Committee will meet again at 10:30 a.m. on Wednesday, 11 July to consider second and combined third and fourth periodic reports of Viet Nam.

Background

The Committee on the Elimination of Discrimination against Women met this morning to begin its consideration of the initial report of Andorra (document CEDAW/C/AND/1), submitted in compliance with the Convention on the Elimination of all Forms of Discrimination against Women. 

At its current session, the Committee, comprising 23 experts who serve in their personal capacities, is monitoring compliance with the Convention by eight countries which are party to it.

The preparation of the initial report of Andorra has provided the Government with an "instant overview" of the "true" situation of women in that country, leading it to wish to enhance the status of women, narrow the differences and effectively combat any form of discrimination.

The report outlines the measures taken by the Andorran public authorities since the 1996 ratification of the Convention, and reflects the situation of Andorran women.  Various ministries and public institutions associated with the Government played a part in drafting the report, and the report says data provided by women's organizations also proved extremely useful. 

The report is divided into two parts:  general information on the issue of respect for human rights in Andorra, which contains a section devoted to the situation of women, and specific information relating to each individual provision of the Convention.

The composition of the population by nationality follows a pattern that is unique in the western world in that the national population is in the minority, the report states.  Sixty-six percent of the population are non-nationals, mainly Spanish.  There are also Portuguese, French and others.  The infant mortality rate has constantly fallen over the last 30 years, reaching 5.2 per 1,000 in 1998.  According to the 1998 census, the birth rate is 11.84 per 1,000 inhabitants and the mortality rate is 3.55 per 1,000 inhabitants.  In addition to the positive natural growth, the female fertility rate is 42.06 per 1,000 (excluding the figures for termination of pregnancy).

The report finds that the overall status of women in Andorra is linked to the country's development over the last half-century.  The leap was made from an insular and predominantly rural society with an economy based on mountain agriculture towards a service-based society.  This produced a change in attitudes, which previously had been firmly rooted in custom, a change that was further accentuated by the huge influx of migrants with diverse origins.  The constitutional principle of the inadmissibility of discrimination on the grounds of sex is respected in all matters relating to civil and political rights. 

Andorran women enjoy legal capacity and the capacity to act, and they fully exercise such capacities on equal terms with men, the report notes.  The various civil and criminal laws contain no provisions that discriminate between women and men in Andorra.  The organizations that fight for equal rights for women have demonstrated that the waiting period mandating widows and women whose marriages have been annulled or dissolved to wait 300 days before remarrying is discriminatory.  This situation could be countered by following the example of neighbouring countries which have deemed that the restriction would be without effect, as soon as the widow or woman in question presented a medical certificate attesting that she is not pregnant. 

Times have changed, the report says, and assisted by Andorra's development women have been gradually integrated into all areas of political, economic and social life.  Since 1973, the year in which they obtained the right to be elected, women have become increasingly involved in political life.  While the situation is far from ideal, women are represented in all of the country's political orders.  They also participate in economic life to a substantial degree and have broken into the world of work, although gender inequalities have not disappeared entirely. 

In order to compensate for a lack of sources and difficulties in interpreting available data, the Andorra Women's Association, in cooperation with the Andorran National Commission for the United Nations Scientific and Cultural Organization (UNESCO), devised and sponsored a study on the situation of women in Andorra in the work, family and social fields.

This study, the report states, finds that the world of work is one of inequalities between men and women.  As for remuneration, there is substantial discrimination, with average wage differences of 32 per cent to the detriment of women.  Overcoming these differences will not be easy, taking into account the findings of the study that women carry out the domestic chores and bring up their children almost single-handedly.  Andorra seeks to carry out and propose real policies aimed at addressing the gaps that currently exist in the field of part-time employment, childcare and domestic roles.  Such measures should benefit both women and men and promote equal opportunities.  With time and awareness-raising, women's rights and the recognition of women's role in political, economic and social life are gradually gaining ground.  Deep-rooted discriminatory social and cultural attitudes began to change long before Andorra joined the Convention.   

Introduction of Report

SILVIA GABARRE, Secretary of State for Family Affairs of Andorra, submitted Andorra’s initial report on behalf of the Minister of Foreign Affairs, Juli Minoves (Triquell, who, she said, had to return to her country last evening).

ESTEVE VIDAL, Counselor-Delegate for Institutional Relations, Cabinet of the Minister of Foreign Affairs, reaffirmed Andorra’s commitment to the great tasks associated with implementing the women’s Convention.  The transformation of the status of women in Andorra over the last 50 years had constituted a true peaceful revolution.  Andorran women had traditionally held power in the “casa”, or home, but they were excluded from political life.  Indeed, so were most men, since, until 50 years ago, only the head of a family could participate in politics. 

The first part of the report was devoted to a brief outline of Andorra, itself.  The second party recalled the main political measures adopted by the Government on the question of the promotion of women and gender equality.  The third part took stock in the key areas of mechanisms for promotion, access to health care and services, and ending violence against women.

He said Andorra was a little State of some 468 kilometres, situated between France and Spain.  It was in a peripheral position with respect to its two neighbours, and part of a vast transport area.  Its terrain was mountainous, with only four percent agricultural, and one per cent urbanized.  A very rugged landscape dominated the rest of the territory, which was stripped of vegetation.  During the medieval period and in the context of the feudal system, the foundations of the political and institutional system of Andorra were established.  The political system was a co-principality, which was a method current in Europe during the feudal period.  That system was still in force.  A few years ago, Andorra’s institutions were further developed and a stable policy made possible a separation of powers. 

In 2000, the population of Andorra had grown to 65,971, he said.  That represented a twelve-fold increase over the second half of the last century.  That rapid growth, owing largely to immigration, had become a key factor in the country’s economic development.  In term of the structure of the population, men continued to dominate, even though the number of women had increased.  An almost perfect adaptation had occurred for an economy based upon service sector activities.  At the same time, the ageing of the population had become evident.  With respect to the make-up of the population, Andorra was a unique model in the western world –- 66 per cent was of foreign nationality, mostly Spanish, then Portuguese, French and some 30 other ethnic groups. 

For several decades, the country was characterized by a subsistence economy that was based upon farming and stock raising, he continued.  Fiscal policy had made possible economic development and the gradual replacement of a farming economy to a service economy.  Trade, tourism and financial activities comprised the strategic sectors.  Both trade and tourism, complementary elements, had largely encouraged the profound changes that had taken place in the country.  Since Andorra’s accession to the women’s Convention, institutions had continued to focus attention on the situation of Andorran women.  The outcome of the Beijing Conference, as well as the Convention, itself, represented fundamental concepts aimed at strengthening the power of women and integrating them into all aspects of society.

Until May, the Andorran Government had not had a single well defined structure to integrate all of the aspects of women’s advancement, he said.  Now, a new team had established priorities for the next four years and the head of Government had emphasized his intention to prioritize in his actions all aspects linked to the well-being of society.  Regarding the family, projects had been designed to analyze the consequences of the new social, political, cultural, and economical environment upon the family.  Specifically, their purpose was to analyze just how those transformations had affected Andorran women.  Women must be able to exercise their rights and take part in the country’s development process on an equal footing with men.  The State Secretariat of the family was working in that direction.

He said that the overall status of women in Andorra was linked to the country's development over the last half-century.  The leap was made from an insular and predominantly rural society with an economy based on mountain agriculture towards a service-based society.  This produced a change in attitudes, which until then had been firmly rooted in custom, a change that was further accentuated by the huge influx of migrants with diverse origins.  The constitutional principle of the inadmissibility of discrimination on the grounds of sex is respected in all matters relating to civil and political rights.  Indeed, there were no discriminatory legal provisions against women in Andorra.  In 1995, women’s organizations took up the fight to amend the obligation of widows and divorced women to wait 300 days to remarry. 

That was discriminatory, he continued, yet that provision had existed in a number of various codes in various countries to protect the rights of the succession of eventual descendants.  Nonetheless, it was easy to understand civil society’s view on that subject.  At that time, the Government was firmly convinced that the situation had to be remedied, and several solutions were studied.  As of December 2000, owing to a lack of time, no decision had been taken.  A new legislative team had taken up the topic, and as soon as possible the Government would propose an amendment to the qualified marriage law that would nullify that provision.

He said the right to vote had been granted to Andorran women in 1970, and the right to be elected in 1973.  Since then, women had gradually become more deeply involved in political life, but the situation was “far from ideal”.  At the last general election, 49.2 per cent of the votes were cast by women, and their representation in parliament had increased from one to four per cent.  All political parties were aware of the need to integrate women and increase their participation.  The Secretary-General of the Government was a woman, and three State Secretaries were also women.  In the last municipal elections, three out of seven women were elected as mayors.  Women had also broken into the labour force, but it had appeared that inequalities in the field of employment had not entirely disappeared, although no statistics were presently available.

Indeed, he said, the first obstacle in drafting Andorra’s initial report was the limited data and the difficulties in interpreting it.  Overall, however, all gender-based discrimination was prohibited.  That concerned the right to equal pay, and so forth.  Nevertheless, there was insufficient data to determine whether or not there was discrimination in the field of employment and wages.  Salary differences, however, had existed between the various sectors, and the range of women’s jobs were more limited than that of men.  Also, women’s average salary was “distinctly less” than that of men.  Despite an improvement in the working world, certain careers seemed especially destined for women, namely in the areas of health care, administration and education.  Hotel management and commerce ranked highest in the number of working hours and lowest in salaries. 

Continuing, he said a recent study had indeed indicated that Andorran women generally carried out the least qualified jobs, and that the senior level decision-making posts had been filled by men, regardless of age and educational achievement.  It had also revealed considerable differences in pay –- some 32 per cent -– to women’s detriment.  It would not be easy to overcome those differences, especially in light of the fact that women, almost entirely on their own, carried out the household tasks and the care of the children.  Nevertheless, it was too early for the State Secretary of Family Matters to put forward concrete proposals in order to rectify the inequalities in the working world.  In terms of the right to social security, pension, unemployment and disability compensation, and paid vacation, there was no gender-based discrimination; any working man or woman in Andorra had a right to those benefits.

Measures governing pregnancy and maternity leave had been updated, he went on, in an effort to protect the health of the woman and child.  A woman had the right to nurse a child, for example, and was prohibited from working overtime while pregnant.  Also, she could not be fired for pregnancy or while on maternity leave.  In 1995, a new law was passed that sought to increase awareness and curb the marginalization of women by allowing them become mothers while preserving their jobs.  That law had represented a step forward for women and had coincided with his country’s obligations under the Convention.  Further progress had been made since the preparation of the initial report concerning the passage of a law regulating leave for the birth or adoption of children for both mothers and father.  Those could share the maternity leave, but for health reasons, the mother must take the first six weeks. 

He said the Government had launched an enormous public awareness campaign, but the labour office had confirmed that very few couples had requested  information on that new law, and to date no couple had utilized the leave option.  That indifference was not the result of discrimination by employers but a consequence of the deeply rooted customary role of women.  The Government was committed, however, to renewing such information campaigns in order to mitigate those discriminatory attitudes.  There were also gender-based inequalities in terms of health and the utilization of related services, according to a study by the Health Ministry.

He said the Women’s Association had concluded in July 2000 that Andorran society still maintained a sexist attitude towards women, even if the sexism was based more on age than gender.  Dominant stereotypes had been related to the working mother.  The change of attitude with respect to women’s role in society had been strengthened by access to education by the entire population.  That was the key to gender-based equality.  Girls represented 56 per cent of university students, and in the fields of education, health or humanities the percentages were higher.

In the field of health, he continued, the Constitution guaranteed the fundamental right to health coverage through a social security system guaranteed by the State.  Thus, the entire population had access to all health care services, and health data had been collected according to gender.  A recent survey had shown that women had a good grasp of the state of their health.  In terms of reproduction, no reliable data about the level of women’s knowledge about contraception, or on its usage, had been available, but there was a general knowledge of the subject, and among the sexually active women more than 60 per cent had used contraception in the past year.  Data was also lacking on the incidence of HIV/AIDS, but the Government had launched various information programmes on prevention and transmission and an advisory service had been set up.

Protection against gender-based violence was guaranteed by the Constitution, he said.  The penal code punished a perpetrator to up to 15 years in prison for any violation against the integrity of an individual.  Data from the past four years had shown clearly the annual increase in incidences of abuse and aggression. In 1999, 35 cases had been documented, but authorities had welcomed the fact that no homicide had occurred.  Women’s organizations had pressed the Government to create a shelter for abused women, but in 2000, the Government had decided to defer that action as it had required further analysis.  The subject was under intensive review in Andorran society.  The fact was that everyone knew everyone in Andorra, and it was difficult to find a solution that did not marginalize the victims.

He said the reporting process had allowed the representatives to focus on the situation of women in Andorra.  Preparations had included the contributions of the public authorities and civil society.  Overall improvements in the situation of women had been carried out at normative and operational levels, but despite some progress, no effort should be spared towards bridging the “considerable gaps” that were still a reality in Andorra.  The Government intended to pursue specific action to allow for quality of life and freedom for individuals.  It had accepted the huge challenge of making the twenty-first century one of freedom and equality, for which equality between men and women was vital.

Experts’ Comments

As the Committee turned to the discussion of Andorra’s initial report, its members congratulated the country for its achievements and thanked the delegation for a detailed video presentation of the document.  It was also said that yesterday’s signing of the Optional Protocol demonstrated the Government’s commitment to the full implementation of the Convention, and the experts urged the Government to ratify it as soon as possible.  Comments were also made on the high level of the country’s representation at the Committee.

The report was said to testify to Andorra’s sincere desire to identify the problems of women and its realistic attitude towards the women’s issues.  Several speakers also welcomed the fact that much additional information had been provided in the oral presentation and commented on the equal access to education, significant improvements in the marriage laws and the political representation of women in the country.  They particularly welcomed the fact that Andorra had established specialized mechanisms to take responsibility for women’s issues and concerns.  Another positive element was incorporation of international human rights instruments into the national legal system, experts said.  Several areas of concern remained, however, including the wage gap and persistence of stereotypical attitudes towards women.

Regarding the constitutional provisions for integration of the Convention’s articles in Andorra’s legal system, a speaker said it was not enough to guarantee women’s equality under the Constitution.  She wanted to know if the national legislation pursued active positive measures towards gender equality and what recourse women had to protect their rights.  Had any cases been brought before the Constitutional or any other court in reference to various forms of discrimination?

       Another expert said the report referred to a study that had been carried out by the Andorra Women’s Association in conjunction with the United Nations Educational, Scientific and Cultural Organization (UNESCO) on the situation of women in the country, which aimed to propose real policies to bridge the gap between the sexes.  She wanted to know to what extent such policies had already been implemented.

It was commendable that the country intended to implement the provisions of the Beijing programme of action, another expert said, inquiring about the areas of priority to be addressed in that respect.  Would additional budget and staff be devoted to the implementation of relevant policies? 

It was also pointed out that the delegation had mentioned several times that the Government had encountered difficulties in collecting and interpreting statistics regarding women.  Speakers also noted the lack, in the report, of data disaggregated by sex.  An expert wondered if there was an office devoted to statistics-gathering in the country and asked how Andorra planned to collect information under the Convention in the future.

Commenting on the implementation of Article 1 of the Convention on the definition of discrimination against women, an expert said the 1993 Constitution of Andorra provided for the equality of the sexes before the law.  The country had also incorporated international instruments in its national law and pursued the principle of inadmissibility of discrimination against women.  She wanted to know, however, if the country intended to introduce an omnibus law against discrimination, and if it planned to introduce amendments to the national legislation to reinforce the position of women.

How did the provisions of the Constitution apply to non-nationals? –- experts asked.  What machinery for the protection of women’s rights was in place in the country?  

What was the role of non-governmental organizations (NGOs) in the implementation of the programmes on women?

Regarding Article 2 on the legal and administrative measures to eliminate discrimination, an expert noted the ratification of various international instruments by the country, and said the country applied a constitutional principle of non-discrimination on the basis of gender.  The report also stated that the overall status of women in the Principality could not be separated from the country’s development over the past 50 years.  Was the principle of non-discrimination applied equally to economic, social and political rights of women? –- she wanted to know.  

Several speakers noted that the Government of Andorra recognized that the real situation of women was not perfect and intended to reduce the existing differences and inequalities.  That was a positive effect of the implementation of the women’s anti-discrimination Convention.  According to the report, up to now the country had not been able to adopt any temporary legislative measures for the promotion of women.  Such measures did not have to be temporary or transitional, for also needed were final and permanent actions.

On the issues of applicability and permanent nature of the Convention, one expert said that all the explanations in the report and in the oral presentation referred to the binding nature of the measures in the public domain.  However, the instrument also referred to the individuals, organizations and enterprises.  Was that specific nature of the Convention understood and discussed by the Government and the public?  Was that the understanding of the employers and the trade unions? 

Questions were also asked about remedies and sanctions under the Convention.  An expert said the Government should introduce specific gender-related legislation to make the Convention “a more living legal document”.  More information was requested regarding specific examples of how women’s rights were enforced in both the public and the private sectors.  Were there any legal literacy programmes to raise awareness of women’s rights?

Society in Andorra was undergoing significant transformations, an expert said, and the questions of human rights and the measures for the advancement of women were of utmost importance.  Statistics were needed to provide the Committee with the real situation in the labour market and the social behaviour regarding women.  She also expressed hope that the law on the 300-day waiting period between marriages would be reconsidered.  Legislation was needed to protect the rights of immigrants, especially domestic servants.  Under Article 3, the report demonstrated an improvement in many legal provisions, but the legislation should also address the remaining inequalities in such areas as wages and employment opportunities.

On Article 4 of the Convention, on the temporary measures to accelerate de facto equality between men and women, an expert drew the Committee’s attention to a series of temporary measures described in the report which could not be considered as such, including the Law on Marriage and the Administrative Code.  It was important to consider special measures of a transitional character to address the situation in the employment field.

On Article 5 regarding the social and cultural patterns, the report showed sexist attitudes within certain age groups, and speakers wanted to know what particular programmes had been adopted to overcome such attitudes.  Experts also wanted to know if the concept of gender mainstreaming was being applied in the country. 

The report also seemed to refer to violence as a stereotypical behaviour of Andorran males, an expert said.  What was being done about that?  Did the country intend to implement specific laws on violence against women?  Most of the data gathered from victims depended on their willingness to report the crimes.  What was being done to protect the victims, alleviate their fears and raise awareness about violence against women?

Another speaker emphasized the progress achieved in the country, where women had obtained the right to vote only in 1973.  The report demonstrated a real leap in the situation of women, particularly in recent years.  However, stereotypes persisted in the labour area.  How did the Government intend to provide women with equal opportunities in the field of employment?

It was also pointed out that the question of the division of household responsibilities needed to be addressed.  Were any measures being considered to convince men to take part in domestic work?  Since family violence was difficult to detect, how were complaints received and processed?  What happened to children in cases of violence and what was done about the abusers?  Was counselling being provided to families regarding violence and abuse?

Also on violence against women, an expert expressed concern about sexist attitudes of both Andorran and immigrant men towards women.  The small size of population, and the lack of anonymity, could create problems as far as providing shelter to victims of violence was concerned.  Was violence seen as a private or family matter?  Had the country created a crisis management team comprising representatives of various ministries? 

Questions were also asked regarding the functioning of the crisis hotline, women’s rights to inherit property, and to receive training in order to keep their jobs.  Regular monitoring of the situation was needed in order to evaluate the need for temporary special measures.

Turning to measures under Article 6 of the Convention on prostitution and trafficking in women, an expert said that prostitution was prohibited in Andorra.

Were prostitutes themselves punished under the country’s legislation?  Had the situation in that regard been surveyed and were statistics available regarding the number of prostitutes in the country?  The report also referred to women’s organizations, which had asked the Government to set up a shelter for victims of violence against women.  Shelters were needed in emergency situations, and one of the options involved establishment of shelters, which could be run by NGOs with assistance from the State.

Afternoon Discussion

When the meeting resumed this afternoon, an expert congratulated Andorra for its achievements in relation to Article 7, on the elimination of discrimination against women in political and public life.  As a small country, it had demonstrated its political will through the signing of the Optional Protocol.  It had immediately integrated the Convention and other human rights treaties into national law.  Bearing in mind that the right to vote was accorded to Andorran women in 1970, and the right to be elected in 1973, the country was to be congratulated for the high participation of women in politics, including at the ministerial level. 

She asked whether those women elected to office had left behind efforts to promote women’s advancement.  Was there a caucus of women in the parliament to promote laws that favoured women and promoted women’s issues?  How was the relationship with non-governmental organizations established and maintained?  Had the parliament and the various ministries considered gender mainstreaming?

Concerning the elimination of discrimination against women in the field of education, as provided for under Article 10 of the Convention, another expert asked whether subjects on gender equality had been developed.  The representative today had emphasized the key role played by education in the improvement of women’s status.  Had any research been done to provide technical incentives for young women and girls? she asked.

Another expert said that, given the complicated nature of education in Andorra with the French, Spanish, Catholic and government-run schools, what mandate did the Government have over those different educational systems?  Could it order a review of textbooks? for example.  Also, were the Catholic schools entities unto themselves, or could the Education Office mandate such a review and in-service teacher training on the various facets of sex education?  A majority of young women was attending the Catholic schools in Andorra, so she wished to know whether there was sex education or human rights teaching in those schools.

Would the Government seek to change the unbalanced number of male directors and female assistants in the schools? another expert asked.

Concerning Article 11, on combating discrimination in the field of employment, one expert said that the Government should strive to eliminate inequality and uproot discriminatory practices in labour.  Regarding the rights of pregnant workers and new mothers, she urged a careful review of current regulations.

Another expert recalled that a member of the delegation had said that the Government would take a series of measures designed to put an end to discrimination in employment.  While there were no reliable statistics, clearly there were significant differences.  When would the legislative amendments be considered?  A particular reference had also been made to a future amendment on rules and regulations in that area, but she had not known when.  Those were necessary changes.  She was also very concerned about female workers in domestic service.  In the absence of supervision, those were often subject to abuse and deprived of any legal protection.  What was being done to protect them?

The situation in the labour market, and its handling in the Constitution, was “too far away from the reality” of the lives of working men and women, and from Andorra’s responsibilities under the Convention, another expert cautioned.  To what extent had women worked in the various facets of the tourist industry as unpaid family helpers and to what age group had those belonged?  Was their contribution recognized by the social security scheme, particularly by the pension system?

Earlier today, a delegate said that current data had not provided a clear picture about the extent to which the wage gap resulted from discrimination.  Yet, very impressive data had been supplied on wages being paid in different sectors.  It had been mentioned that construction workers tended to be better paid than women working in female-dominated sectors, since those jobs demanded less physical strength.  Nursing of sick and elderly people, however, or the teaching of younger children, might be just as strenuous as lifting a 40-pound beam.  So, that was an outdated patriarchal concept that favoured men. 

She said Andorra was becoming a modern society.  Labour segregation that had relied on physical strength, such as in agriculture, pertained now only to a small segment of the population.  A priority area in implementing the Convention should be to get a clearer picture of wage differentials and to learn exactly why there was such a gap between equal jobs and jobs of equal value.  Had the Government intended to research that issue and enlighten Andorran women?  The Committee took the issue of pay differentials very seriously.  It existed in all countries, but it would be wise for Andorra to incorporate remedies into its current efforts.

A number of experts echoed those points just made.  One added that questions of promotion, training and dismissal were areas in which women might suffer discrimination.  Present legislation in Andorra had referred only to wages.  Would the proposed legislation extend protection against the dismissal of employees and to all of those other areas of employment?  The absence of discrimination in the legislation was not enough, especially since, as the report noted, there was no explicit reference to discrimination against women.  The report showed such a developed approach to so many issues; it needed a developed approach to that issue, as well, she said.

Also, legislative guarantees that allowed women to take action when discriminated against should also be evolved, she said.  Andorran women deserved the right to turn to the courts.  Constitutional provisions were usually not enough.  Effective sanctions were needed.  Rather than criminal sanctions, which heavily burdened the plaintiff, private civil sanctions must be allowed by employment legislation.  Had there been any employment discrimination cases brought to court? she asked.

Regarding the provisions of Article 12 of the Convention, an expert noted that in the area of health, considerable achievements were being reported by Andorra, which were commendable.  Some questions remained, however.  In

particular, the report and the presentation mentioned Articles 101 and 185 of the country’s penal code, which provided for the punishment by imprisonment for abortion.  The report also stated that Andorran women seeking abortion, had to travel outside of the country.  What did women faced with unwanted pregnancies do if they did not find it possible to travel?  She also asked for information regarding the women who had been imprisoned for abortion. 

Continuing, she welcomed the fact that the number of tobacco addicts had been reduced in the country.  In that connection, she asked about the average age at which women started to smoke and requested information about the incidence of domestic violence by men under the influence of alcohol.  She also wanted to know what particular types of violence were reported in the areas with high consumption of alcohol.  According to the report, mental illness was more prevalent among those with lower educational levels and she wanted to receive more information about that matter.  Also discussed was mental care for women going through menopause. 

In response to the comments from the floor, Ms. GABARRE said that the country would answer the questions on the afternoon of Friday, 13 July.

* *** *