1. The Committee
considered the second periodic report of the Czech Republic (CEDAW/C/CZE/2)
at its 573rd and 574th meetings, on 8 August 2002 (see CEDAW/C/SR.573
and 574).
Introduction
by the State party
2. In introducing
the second periodic report, the representative of the Czech Republic
stated that his country was in a period of economic and social
transformation, but that significant progress had been made during
he last four years in areas covered by the Convention. Emphasis
had been placed on the creation and enhancement of legal and institutional
frameworks for the application of human rights and the achievement
of equality between women and men.
3. The Ministry
of Labour and Social Affairs had been made responsible for the
coordination of government policy relating to women and had developed
a National Action Plan for the Advancement of Equality between
Men and Women in 1998. The Plan was based on the concluding comments
adopted by the Committee on the Elimination of Discrimination
against Women on the previous report submitted to it by the Czech
Republic. The Plan formed the basis for government priorities
and procedures in achieving equality between men and women and
was reviewed and updated annually. All ministries were required
to develop, by the end of 2001, similar departmental priorities
and procedures and to set up gender focal points. In March 2002,
the Government adopted a National Plan for Employment, which included
policy measures on equal opportunity in employment.
02-51887 (E)
*0251887*
4. In relation
to the protection of women's human rights, the Government had,
in 1998, established an advisory Human Rights Council, with a
working committee on the elimination of all forms of discrimination
against women with membership drawn from both government officials
and non-governmental organizations (NGOs). In 2000, the Office
of the Public Human Rights Protector had been established, and
in 2001 an advisory Government Council for Equal Opportunities
for Women and Men had been created. The aim of the Council was
the enhancement of institutional support for gender mainstreaming
and gender equality. In 2002 and 2003, the Ministry of Labour
and Social Affairs would be undertaking a project to evaluate
and remodel existing institutional mechanisms for the advancement
of gender equality.
5. The representative
indicated that the general elections of June 2002 provided an
opportunity for the advancement of women's representation in political
life, with women gaining 17 per cent of parliamentary seats -
four more seats than in the preceding period - and two ministerial
positions. While women headed a number of other national institutions,
such as the Supreme Court, the National Prosecutor's Office, the
National Statistics Bureau, the National Nuclear Safety Bureau
and the National Academy of Science, there was still insufficient
representation of women at decision -making levels.
6. A number of improvements had been made in the national legal
system with regard to women's rights. In
May 2001, the Optional Protocol to the Convention had entered
into force for the Czech Republic. The principle of gender equality
had been introduced into the legal system through the revision
of acts including the Employment Act, the Labour Code and the
Wages and Salaries Acts. The position of plaintiffs in court proceedings
relating to gender-based discrimination had been improved with
the revision of the Civil Court Proceedings Act, which shifted
the burden of proof from plaintiff to defendant. In response to
the Committee's concern that Czech legislation did not include
a definition of discrimination, identified in its concluding comments
on the previous report, a general act on protection against discrimination
had been drafted and would be submitted to the Government by the
end of 2002.
7. The representative
stated that one of the main challenges to fulfilling the obligations
under the Convention was the low level of public awareness on
gender equality issues and indicated that the Government recognized
that education and awareness campaigns should be the first step
in implementing gender-based policies and affirmative action.
In April 2001, the Government had agreed to incorporate, where
appropriate, positive (affirmative) measures in relevant draft
legislation.
8. With regard
to violence against women, the suppression of trafficking in women
was of great importance to the Government since the Czech Republic
had become a country of origin, transit and, more recently, of
destination of victims. The efforts of women's NGOs and a public
awareness campaign launched in 2001 highlighted the issue of domestic
violence. In April 2001, an inter-ministerial working group had
been set up to create interdisciplinary teams allowing for health
care, social, legal and police cooperation in detecting and prosecuting
cases of violence against women. The Government was preparing
a new Penal Code in which domestic violence would be specifically
addressed.
9. The representative
noted that, while the Czech Republic had a high rate of employment
among women, the stereotyped vie w of gender roles which persisted
in society resulted in a double burden being placed on women in
terms of their working and family lives. Particular importance
was therefore being given to promoting legislative measures and
changes in public opinion towards more active involvement of men
in family life. To that end, the Government planned to support
various measures focused on reconciliation of family and employment
responsibilities which would assist in the promotion of equality
of women and men in employment, politics and society.
10. In concluding,
the representative emphasized the key role of international cooperation
in formulating and advancing national policy in the area of gender
equality and acknowledged the assistance the Czech Republic derived
from such cooperation in identifying and formulating its policies
in that area.
Concluding comments of the Committee
11. The Committee
expresses appreciation to the State party for submitting its second
periodic report, which follows the Committee's guidelines for
the preparation of periodic reports. It commends the State party
for the written replies to the issues raised by the pre -session
working group and its oral presentation, which provided additional
information on the current situation of the implementation of
the Convention in the Czech Republic.
12. The Committee
commends the State party on its delegation, which was headed by
the Deputy Minister of Labour and Social Affairs and included
officials from various branches of the Government.
Positive
aspects
13. The Committee
commends the efforts by the State party to implement the Convention.
It welcomes the range of legislative reforms, policies, plans
and assessment analyses, including the revisions to the Employment
Act, the Labour Code, the Civil Procedure Code and the Criminal
Procedure Code, and the Priorities and Proceedings of the Government
in the Enforcement of the Equality between Men and Women, to eliminate
discrimination against women. It welcomes the efforts at strengthening
gender mainstreaming, and those undertaken to elaborate a draft
general act on the protection against discrimination, including
the introduction of temporary special measures in accordance with
article 4, paragraph 1, of the Convention, which are also to be
considered in all other draft legal regulations, where appropriate.
14. The Committee
welcomes the progressive development of the national machinery
for the advancement of women and gender equality. It welcomes
the establishment of mechanisms, including the Government Human
Rights Council and the Office of Public Human Rights Protector,
for monitoring the promotion and protection of human rights, including
the human rights of women.
15. The Committee
commends the State party's collaboration with and recognition
of the important role of non - governmental organizations working
on women's issues.
16. The Committee
notes with satisfaction the high level of women's educational
achievement and the reduction in maternal and infant mortality
rates.
17. The Committee
commends the State party for having ratified the Optional Protocol
to the Convention.
Principal
areas of concern and recommendations
18. The Committee
is concerned that women have seldom used laws to challenge acts
of discrimination and that there is a lack of court decisions
in which women have obtained redress for such acts. The Committee
is concerned that there is still a lack of familiarity with both
the Convention itself and the opportunities for its application
and enforcement, as well as with legislative reforms aimed at
eliminating discrimination against women, including among the
judiciary, law enforcement personnel and women themselves.
19. The
Committee urges the State party to ensure that Czech law provides
adequate and accessible enforcement procedures and legal remedies
for violation of women's rights. The Committee recommends the
strengthening of education and training programmes, in particular
for judges, lawyers and law enforcement personnel, on the Convention
and on the legislative refor ms aimed at eliminating discrimination
against women. It recommends that awareness-raising campaigns
targeted at women be undertaken so that women can avail themselves
of procedures and remedies for violations of the rights under
the Convention. The Committee invites the State party to provide,
in its next report, information about complaints filed in courts
based on the Convention, as well as any court decisions that refer
to the Convention. It encourages the State party to further reflect,
within the framework of the intended legislation on discrimination,
on the establishment of quasi-judicial mechanisms.
20. While
recognizing the efforts of the State party to strengthen the national
machinery for the advancement of women, the Committee remains
concerned that the existing national machinery does not have sufficient
power, visibility or financial and human resources to effectively
promote the advancement of women and gender equality.
21. The Committee recommends that the State party strengthen
the existing national machinery in order to make it more effective
by providing it with adequate power, visibility and human and
financial resources at all levels and enhancing coordination among
the existing mechanisms for the advancement of women and the promotion
of gender equality. It also recommends the strengthening of the
State party's gender mainstreaming efforts, and encourages, within
the framework of the State party's efforts at decentralization,
the establishment of regional and local equal opportunities machinery.
22. While
recognizing that the number of women in the Chamber of Deputies
has increased and that there are currently two women ministers
in the Government, the Committee is concerned about the low representation
of women in high-level elected and appointed bodies, including
Parliament, and as high -ranking officials within the executive
bodies, the judiciary, the civil and diplomatic services and international
organizations.
23. The
Committee urges the State party to take measures, including improvements
in the election law, to increase the representation of women in
elected and appointed bodies through, inter alia, the implementation
of temporary special measures, in accordance with article 4, paragraph
1, of the Convention, in order to realize wo men's right to participation
in all areas of public life and, articularly, at high levels of
decision-making. The Committee recommends that the State party
increase its efforts in offering or supporting training programmes
for current and future women leaders and carry out awareness-raising
campaigns regarding the importance of women's participation in
political decisionmaking. The Committee also recommends that,
parallel to efforts at the local level, efforts at promoting gender
balance in the public sec tor at the national level be introduced.
24. While
recognizing current legal and other efforts by the State party
to address violence against women, the Committee is concerned
about the persisting prevalence of violence against women and
girls, including domestic violence. It is particularly concerned
that domestic violence deprives women of their personal security
and their access to safe accommodation.
25. In
the light of its general recommendation 19, the Committee urges
the State party to place high priority on the introduction of
comprehensive and holistic measures to address violence against
women in the family and in society. The Committee calls upon the
State party to ensure that such violence is prosecuted and punished
with the required seriousness and speed, and that women victims
of violence have immediate means of redress and protection, including
protection orders. The Committee requests the State party to enact
legislation on domestic violence. It recommends that measures
be taken to provide shelters for women victims of violence in
sufficient numbers and to ensure that public officials, especially
law enforcement officials, the judiciary, health-care providers
and social workers, are fully sensitized to all forms of violence
against women. The Committee invites the State party to undertake
awareness-raising measures through the media and public education
programmes, including a campaign of zero tolerance, to make such
violence socially and morally unacceptable.
26. The Committee
is concerned that the current attitudes towards incest, as expressed,
inter alia, in the light penalties for this crime, as well as
the light penalties for rape, give an impression to the community
that these infringements of human rights are not serious crimes.
The Committee is concerned that the definition of the crime of
rape is based on the use of force, rather than lack of consent
and that rape within marriage is not currently considered a specific
crime.
27. The
Committee urges the State party to review and strengthen the penalties
for the crimes of incest and rape in order to emphasize that these
crimes are serious violations of women's human rights. The Committee
urges the State party to define the crime of rape as sexual intercourse
without consent and to explicitly address the crime of rape within
marriage.
28. Recognizing
the efforts made by the State party to address the issue of trafficking
in women and girls, the Committee remains concerned about the
prevalence of this problem. The Committee is concerned about reports
that the Czech Republic has become a country of origin, transit
and destination of trafficked women and girls. It notes with concern
that there is still not enough information on the subject.
29. The
Committee urges the State party to conti nue its efforts to combat
trafficking in women and girls and requests the State party to
include in its next report comprehensive information and data
on the issue and on progress made in this area. It recommends
the formulation of a comprehensive strategy to combat trafficking
in women and girls, including within the territory of the State
party, which should include the prosecution and punishment of
offenders and increased international, regional and bilateral
cooperation with other countries of origin, transit and destination
of trafficked women and girls. It recommends the introduction
of measures aimed at improving the economic situation of women
so as to eliminate their vulnerability to traffickers, education
initiatives for vulnerable groups, including teenage girls, as
well as social support, rehabilitation and reintegration measures
for women and girls who have been victims of trafficking. It calls
on the Government to ensure that trafficked women and girls have
the support they need so that they can provide testimony against
their traffickers. It urges that training of border police and
law enforcement officials provide them with the requisite skills
to recognize and provide support to victims of trafficking.
30. While
welcoming the high labour force participation rate of women and
the legislative reforms in the area of employment, including the
amendments to the Employment Act, the Labour Code, the Act on
Wages and the Act on Salaries, the Committee expresses concern
about the situation of women in the labour market, including women's
higher unemployment rate as compared with that of men and the
strong vertical and horizontal segregation and wage differentials
between women and men. The Committee is concerned at the lack
of enforcement mechanisms and thus at the lack of de facto enforcement
of the equal opportunity standards which have been introduced
by law.
31. The
Committee urges the State party to ensure de facto equal opportunities
for women and men in the labour market through, inter alia, use
of temporary special measures in accordance with article 4, paragraph
1, of the Convention. The Committee recommends that efforts be
made to eliminate occupational segregation, horizontal and vertical,
through, inter alia, education, training and retraining, and effective
enforcement mechanisms. It also recommends wage increases in female-dominated
sectors of public employment to close the wage gap between these
and male-dominated sectors. The Committee recommends that measures
allowing for the reconciliation between family and professional
responsibilities be strengthened and that the equal sharing of
domestic and family tasks between women and men be promoted. The
Committee requests the State party to provide information in its
next report on the implementation of the legislative reforms in
the area of employment and the impact of such reforms, including
an analysis of the efforts of the relevant monitoring bodies.
32. The Committee
is concerned about the status of women's health, especially their
reproductiv e health. While recognizing the 60 per cent decrease
in abortion since 1994 and the progressive increase in the use
of intrauterine and hormonal contraceptives, the Committee is
concerned that the current abortion rate may suggest that abortion
is still being used as a means of birth control. It is also concerned
that voluntary sterilization for women is permitted solely for
health reasons. The Committee is concerned about the rate of consumption
among women of prescribed sedative and barbiturate drugs.
33. The
Committee draws attention to its general recommendation No. 24
on women and health and recommends the collection of data disaggregated
by sex as well as comprehensive research into the specific health
needs of women, including their reproductive health, the full
implementation of a life-cycle approach to women's health, the
financial and organizational strengthening of family planning
programmes, the provision of wide access to safe and affordable
contraceptives for all women and men, and the lifting of the restrictions
on voluntary sterilization. The Committee urges the State party
to reinforce programmes of sexual and reproductive education for
both girls and boys. The Committee calls on the State party to
encourage responsible sexual behaviour and further discourage
abortion as a means of birth control. The Committee requests more
information on the prevalence of, and measures taken against,
abuse of sedative and barbiturate drugs among women and on the
mental health situation of women.
34. The Committee
is concerned about the persistence of traditional stereotypes
regarding the role and responsibilities of women and men in the
family and in society at large.
35. The
Committee urges the State party to design and implement comprehensive
programmes in the educational system and to encourage the mass
media to promote cultural changes with regard to the roles and
responsibilities attributed to women and men, as required by article
5 of the Convention. It recommends that policies be developed
and programmes implemented to ensure the eradication of traditional
sex role stereotypes in the family, in employment, in politics
and in society.
36. The Committee
expresses concern about the lack of information in the report
on Roma women.
37. The
Committee requests the State party to provide, in its next report,
information on the situation of Roma women as compared with non-Roma
women and Roma men, especially as regards their health, educational
and employment status.
38. The Committee
expresses concern about the lack of information in the report
on older women.
39. The
Committee requests the State party to provide, in its next report,
information on the situation of older women as compared with older
men, especially as regards their health, educational and employment
status, including social security benefits.
40. The
Committee urges the State party to accept the amendment to article
20, paragraph 1, of the Convention, concerning the meeting time
of the Committee.
41. Taking
into account the gender dimension of declarations, programmes
and platforms of action adopted by relevant United Nations conferences,
summits and special sessions of review (such as the special session
of the General Assembly to review and appraise the implementation
of the Programme of Action of the International Conference on
Population and Development (the twenty-first special session),
the special session on children (the twenty-seventh special session),
the World Conference against Racism, Racial Discrimination, Xenophobia
and Related Intolerance and the Second World Assembly on Ageing),
the State party should include information on the implementation
of those aspects of these documents relating to relevant articles
of the Convention in the light of the subjects dealt with in these
meetings.
42. The
Committee requests the State party to respond to the concerns
expressed in the present concluding comments in its next periodic
report to be submitted under article 18 of the Convention. It
also requests that the report address the general recommendations
of the Committee and provide information on the impact of legislation,
policies and programmes to implement the Convention.
43. The
Committee requests the wide dissemination in the Czech Republic
of the present concluding comments in order to make the people
of the Czech Republic, in particular government administrators
and politicians, aware of the steps that have been taken to ensure
the de jure and de facto equality of women and the further steps
required in this regard. It also requests the State party to continue
to disseminate widely, in particular to women's and human rights
organizations, the Convention, its Optional Protocol, the Committee's
general recommendations and the Beijing Declaration and Platform
for Action, as well as the results of the twenty-third special
session of the General Assembly, entitled "Women 2000: gender
equality, development and peace for the twenty-first century".
