1. The Committee
considered the combined initial, second and third periodic report
of Estonia (CEDAW/C/EST/1-3) at its 539th, 540th and 548th meetings,
on 23 and 29 January 2002 (see CEDAW/C/SR.539, 540 and 548).
(a) Introduction
by the State party
2. In introducing
the reports, the representative indicated that the Estonian women's
movement had begun in the 1880s when the first women's organizations
were established; that the Women's Union, founded in 19 07, had
spoken publicly about women's rights, including equal pay for
equal work and that the first Estonian Constitution in 1920 had
provided women with the right to vote. Women's organizations became
very active in the 1980s, and after the independence o f Estonia
in 1991, several new women's organizations were founded, and gender
equality issues were readdressed in connection with the Fourth
World Conference on Women, held at Beijing. An inter-ministerial
committee had been established in 1996 for the pro motion of gender
equality, and included in its priorities the creation and strengthening
of national structures to integrate the principle of gender equality;
the analysis of the compliance of Estonian legislation with international
standards of gender equality; a guarantee with regard to the availability
of gender-sensitive statistics; and the improvement of the situation
of women in the labour market and the increase of women's participation
in decision -making.
3. Gender
equality initiatives in Estonia were promoted by numerous foreign
- funded initiatives, including through research into the economic
and social situation of women and men, and contacts and cooperation
with women's rights advocates, other countries, in particular
the Nordic countries, and in ternational and regional organizations.
In 1991, Estonia acceded to almost 30 of the most important United
Nations conventions. Owing to the speedy ratification process
and large-scale legal reforms, Estonia had faced serious difficulties
in presenting rep orts on the implementation of the conventions
in a timely manner, but a number of reports had now been submitted.
Estonia had ratified a number of conventions of the International
Labour Organization (ILO), including convention No. 100 on equal
remuneratio n, and, as a member of the Council of Europe, had
ratified the major instruments dealing with human rights. In addition,
as an applicant country to the European Union, Estonia had harmonized
its national legislation with European acquis in the area of labour.
Since 1998, measures promoting equality between women and men
had formed part of the Government's action plan, and the Government's
National Programme for the Adoption of the Acquis included sub
- chapters on equal treatment for women and men and on gender
equality.
4. The representative
indicated that the Estonian Constitution guaranteed equal rights
to everyone, and the rights of women had been addressed in several
Estonian laws. The draft Gender Equality Act, which had been submitted
to the Estonian Parliament at the end of 2001, inter alia, explicitly
prohibited direct discrimination; provided measures against indirect
discrimination; and obliged employers to promote equality between
women and men. The representative informed the Committee that
the Legal Chancellor's Office was responsible for supervising
the activities of the State, including the enjoyment of the guarantee
of constitutional rights and freedoms, and no petitions concerning
violations of women's rights had so far been filed with that office.
The Gender Equality Bureau in the Ministry of Social Affairs coordinated
the mainstreaming of gender equality; monitored the legislative
process in terms of gender impact; and organized the preparation
of national gender promotion action plans.
5. The representative
indicated that continuous attention had been given to increasing
public awareness of gender issues and a number of gender training
programmes had been implemented. The engagement of civil society
in gender equality matters was welcomed, and Estonian women's
non -governmental organizations, whose numbers had dramatically
increased during the past decade, were in the process of consolidation,
including through the formation of regional round-tables. In 2001,
the Government allocated for the first time financial resources
to support women's round -table activities and networking.
6. The representative
indicated that, while the representation of women in decision
-making positions should be greater, positive changes had taken
place. Gender equalit y had been incorporated into the platforms
of several political parties; the representation of women in Parliament
and in local authorities had increased in the 1999 elections;
and the Government that was presently being formed would include
five women min isters. Women made up approximately two thirds
of all part - time workers; there was a high degree of horizontal
and vertical employment segregation between women and men; and
women's average wages had been approximately one quarter less
than men's wages. The Wages Act guaranteed equal pay and prohibited
discrimination on the grounds of sex with regard to remuneration,
but the relatively high unemployment rate had caused women to
seek employment in the informal sector where they were underpaid
and lacked social security. A number of measures had been taken
to address the situation, including joint controls and supervision
visits to companies by the Labour Inspectorate and other authorities.
The National Employment Action Plan for 2002 promoted employment
creat ion and equal opportunities and included as one of its components
strengthening equal opportunities for women and men, and under
the Employment Action Plan, strategies in the period 2001 -2003
would be devised to integrate gender equality into the areas of
employment and occupational life. Strengthening of the policy
to guarantee equal opportunities for women and men was also one
of the priority activities. The representative informed the Committee
about measures taken to promote women entrepreneurs, particu larly
in rural areas.
7. The representative
indicated that the health of Estonian women and children had improved
significantly; information concerning reproductive health had
become more available; and a programme on reproductive health
for the period 200 0-2009 had begun in 1999. The number of abortions
was still high, but it had dropped in past years. New problems
such as HIV/AIDS were facing the country and preventive and educational
measures had been introduced to address HIV/AIDS and other sexually
tra nsmitted diseases. Significant improvements in combating violence
against women had occurred, including the creation of a sociological
database of the scale and scope of violence against women; and
a large -scale project aimed at elaborating cooperation bet ween
the police and social workers in respect of prevention activities
and assistance to victims. A government action plan for mitigation
and prevention of violence against women was being formulated
and included as objectives convincing the public of the danger
of violence against women; improving legislation; raising the
capacity of police; introducing a victim - centred approach; and
increasing inter-agency cooperation.
8. Rights
and benefits related to raising children were now equally directed
at mothers and fathers, and the new Holidays Act, inter alia,
entitled fathers to leave for 14 calendar days during the mother's
pregnancy and maternity leave.
9. In closing,
the representative informed the Committee that significant progress
had been made to impro ve the position of women in Estonian society,
but that efforts still had to be taken to further the full -scale
implementation of the Convention. However, the Government was
committed to continuing this work.
(b) Concluding
comments of the Committee
Introduction
10. The Committee
expresses its appreciation to the Government of Estonia for submitting
its initial, second and third periodic report, and encourages
the Government present its next report in a timely manner. The
report generally follows the guidelines of the Committee and contains
some statistical data disaggregated by sex. The Committee also
appreciates the delegation's willingness to engage in a frank
and constructive dialogue with the Committee. The Committee also
commends the State party's efforts to produce, in a short period
of time, qualitative and informative responses to the oral questions
posed by the Committee.
Positive aspects
11. The Committee
notes with satisfaction that the Convention is incorporated into
Estonian law and has precedence over conflicting national legislation,
and that de jure equality is becoming a reality in Estonia. Furthermore,
the Committee notes with appreciation the efforts undertaken to
improve the situation of women and the achievement of gender equality,
particularly considering the recent independence and restructuring
of the country.
12. The Committee
commends the State party on Estonia's high level of education,
stressing in particular the situation of women in higher education,
increasingly in non-traditional areas. The Committee also notes
the measures adopted to promote women entrepreneurs and the progressive
achievements in this area.
13. The Committee also notes with appreciation the comprehensive
legislation and benefits for maternity and paternity protection,
as well as projects addressing children's health and the breast-feeding
programmes.
14. The Committee
notes with satisfaction that the State party recognizes the important
role of the increasing number of non-governmental organizations
working on women's issues, in particular in the rural sector and
with respect to women's political participation.
15. The Committee
commends the work undertaken in awareness -raising on equality,
pursued with public officials in ministries and government agenc
ies and other social actors, and the gradually increasing role
played by the media encouraged by the State party in changeing
sex-role stereotypes. It also notes with satisfaction the efforts
made by the State party to collect and disseminate all statistic
al data disaggregated by sex, as well as training provided in
this regard.
Factors
and difficulties affecting the implementation of the Convention
16. The Committee
notes that the economic transition, from a centrally planned economy
to a market economy, in the last decade has posed serious challenges
to the effective implementation of the Convention, and that the
restructuring processes have disproportionately affected women.
The Committee also notes that the resurgence of traditional views
regarding g ender roles also constitutes an obstacle to the implementation
of the Convention.
Principal
areas of concern and recommendations
17. The Committee
expresses concern that although the Constitution recognizes that
everyone is equal before the law and contains a prohibition of
discrimination on the ground of sex, Estonian law does not contain
specific definition of discrimination against women modelled on
article 1 of the Convention, which prohibits both direct and indirect
discrimination.
18. The Committee
urges the State party to include the definition of discrimination
against women in its Constitution and national legislation. It
recommends the adoption of the draft Gender Equality Act containing
provisions to allow the adoption of temporary special me asures
in accordance with article 4, paragraph 1, of the Convention.
It requests the State party to provide in its next report relevant
information on this law, as well as the remedies available to
women for redress for violations of their rights protected under
the Constitution and the Convention.
19. While
welcoming the fact that, in accordance with articles 3 and 123
of the Constitution, the Convention is integrated into domestic
legislation and takes precedence over such legislation the Committee
is concerned that there is still a lack of familiarity of the
Convention among the judiciary, law enforcement agents and women
themselves about the opportunities for the application of the
Convention in domestic decision -making.
20. Acknowledging
the effort already made with regard to human rights education,
including human rights of women, and the transparency and participatory
nature of the law making process, the Committee a review of law
school curricula and the development of continuing education programmes
for judges and lawyers that include the application of the Convention
at the domestic level. It also recommends that awareness-raising
campaigns addressed to women be undertaken to allow them to avail
themselves of the legal remedies that assist them. It invites
the State party to provide, in its next report, information about
complaints filed in courts based on the Convention, as well as
about any court decisions that referred to the Convention.
21. The Committee
expresses its concern that the existing national mechanism for
the advancement of women, the Gender Equality Bureau, a sub -unit
of the Ministry of Social Affairs, although tasked with the responsibility
of mainstreaming gender equality, does not have sufficient strength,
visibility or human and financial resources to promote effectively
the advancement of women and gender equality. The Committee also
expresses its concern about the insufficient overall integrated
policy of gender mainstreaming.
22. The Committee
recommends that the State party strengthen the existing national
machinery in order to give it more visibility and effectiveness,
as well as review its mandate to carry out effectively the mainstreaming
of a gender perspective in all policies. It also recommends that
the State party reasses s the capacity of the national machinery,
provide it with adequate human and financial resources at all
levels and foster more effective coordination among the existing
mechanisms for the advancement of women and the promotion of gender
equality.
23. The Committee
is concerned that a clear understanding of temporary special measures
according to article 4, paragraph 1, of the Convention, as well
as the reason for their application, seems to be lacking in large
parts of Estonian society and in public administration.
24. The Committee
recommends that the State party raise public awareness about the
importance of such measures in accelerating the process of gender
equality. It also recommends that the State party introduce temporary
special measures, inter alia, in the educational, employment,
professional and political fields, including through encouragement
to pursue disciplines and areas of work and of political intervention
in which one sex is underrepresented. Such provisions should be
designed with measurable goals, targets or quotas and time lines
to allow their effective monitoring.
25. The Committee
is concerned about the resurgence and persistence of traditional
stereotypes regarding the role of men and women in the family,
and in society at large. The Committee is also concerned about
the lack of targeted educational programmes, mass media campaigns
and temporary special measures in to eliminate these stereotypes.
26. 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 tasks attributed
to women and men, as required by article 5 of the Convention.
It recommends that legislation be enacted and policies adopted
to cover not only the prohibition of discrimination against women
but also of the more subtle utilization of and support for traditional
sex role stereotypes in the family, in employment, in politics
and in society.
27. While
recognizing the efforts made by the State party to combat violence
against women, especially domestic violence and the creation,
with the collaboration of non-governmental organizations, of a
database on the scope and scale of violence in Estonia, as well
as the training of police officials and medical workers and specialists
engaged in the victim support system, the Committee expresses
its concern about the high incidence of violence against women
and girls, including domestic violence.
28. The Committee
urges the State party to place high priority on comprehensive
measures to address violence against women in the family and in
society, and to recognize that such violence, including domestic
violence, constitutes a violation of the human rights of women
under the Convention. In the light of its general recommendation
19 on violence against women, the
Committee calls upon the State party to ensure that such violence
constitutes a crime punishable under criminal law, that it is
prosecuted and punished with the required severity and speed,
and that women victims of violence have immediate means of redress
and protection. It recommends that measures be taken to ensure
that public officials, especially law enforcement officials, the
judiciary, the medical professions and social workers are fully
sensitized to all forms of violence against women. The Committee
invites the State party to undertake awareness-raising measures,
including a campaign of zero tolerance, to make such violence
socially and morally unacceptable. It recommends the introduction
of a specific law prohibiting domestic violence against women,
which would provide for protection and exclusion orders and access
to legal aid. The Committee also urges the State party to amend
the Criminal Code in order explicitly to define the offence of
rape as sexual intercourse without consent.
29. The Committee
notes with concern that sexual intercourse with a girl only up
to 14 years of age is considered to be rape, and Estonian law
permits the marriage of a girl between the ages of 15 to 18 in
exceptional circumstances such as pregnancy.
30. The Committee
recommends that the State party amends its law on statutory rape
and bring its law on early marriage into conformity with article
16, paragraph 2, of the Convention, and its own policies on the
reproductive health of women and girls. It urges the State party
to develop preventive welfare programmes to address the problem
of teenage pregnancy.
31. Recognizing
the efforts made by the State party to address the issue of trafficking
of women and girls, the Committee notes with concern that the
size of the problem is not reflected in the information provided.
It also notes with concern that there is still not enough information
on the subject or a comprehensive policy to address the problem,
as well as no distinct legislation regarding trafficking in women
and the punishment of traffickers.
32. Welcoming
the campaign against trafficking in women to be carried out in
2002, the Committee urges the State party to include in its next
report more information and data on this situation and on progress
made in that area. It urges the State party to adopt and implement
distinct legislation on trafficking and that it increase collaboration
with other countries of origin, transit and destination of trafficked
women and girls and to report on the results of such collaboration.
It also recommends the creation of social support and reintegration
programmes for victims of prostitution and trafficking.
33. While
welcoming the information that the new Government wil l have 5
women ministers out of 14 Cabinet posts, including in portfolios
traditionally held by men, the Committee expresses its concern
at the low representation of women in decision -making bodies
in the various areas and levels of political and public life.
34. The Committee
recommends that the State party utilize temporary special measures
in accordance with article 4.1 of the Convention to increase the
number of women in decision-making levels in governmental bodies,
and State -owned enterprises. It also recommends that State party
strengthen its efforts in offering or supporting special training
programmes for current and future women leaders and conduct, on
a regular basis, awareness-raising campaigns regarding the importance
of women's participation in political decision -making.
35. While
noting with appreciation the high level of education among women,
the Committee expresses its concern at the continuing gender disparities
regarding educational options of boys and girls, as well as the
fact that this high level of education does not result in an elimination
of the wage differential between men and women, in particular
the gap between female - and male-dominated sectors of employment.
It also expresses concern at the indirect discrimination in the
recru itment, promotion and dismissal of women.
36. The Committee
encourages the State party to analyse the lack of correlation
between the high level of educational attainments of women and
their income levels. It recommends the introduction of measures,
including through the use of temporary special measures, to accelerate
the representation of women at all levels of decision - making
in educational institutions and economic life. It urges the State
party to continue to review and reform the curricula and textbooks
in order to combat the traditional attitudes towards women and
to help to create an enabling environment for promoting women's
presence in high -level and well-paid positions.
37. The Committee
notes with concern that the position of women in the labour market
is characterized by discrimination and by a strong occupational
segregation with a concomitant wage differential. The Committee
is also concerned at the situation of young women who face additional
difficulties in the labour market, owing to the d omestic and
family responsibilities assigned to them, placing them in a vulnerable
position and leading to them having a higher incidence in part
-time or temporary work.
38. The Committee
recommends that efforts be made to eliminate occupational segregation
through the adoption of the new Employment Contracts Act under
preparation, as well as through efforts in education, training
and retraining. There should be additional wage increases in female
-dominated sectors of public employment to decrease the wage differential
in comparison with male -dominated sectors. The Committee requests
information in the next report on the implementation of the amendments
to the Wages Act, which guarantees equal pay for equal work or
work of equal value. It also recommends tha t effective measures
allowing for the reconciliation between family and professional
responsibilities be envisaged and that the sharing of domestic
and family tasks between women and men be encouraged.
39. The Committee
is concerned at the increase of pove rty among various groups
of women, in particular of those who are heads of household and
those with small children.
40. The Committee
recommends that the State party closely monitor the poverty situation
of women within the most vulnerable groups and imple ment effective
poverty alleviation programmes, taking into consideration the
gender aspects of poverty.
41. While
recognizing some improvements in the area of health, after a deterioration
of the situation in the years following independence, the Committee
is concerned with the increase of tuberculosis, sexually transmitted
diseases and HIV, as well as with high suicide rates among women.
The Committee notes with concern the high rate of abortion among
women and the significance of this fact with regard to effective
access to family planning methods, including contraceptives, especially
among women in rural areas and low incomes.
42. The Committee
draws attention to its General Recommendation 14 on women and
health and recommends that comprehensive research be undertaken
into the specific health needs of women, including reproductive
health, the financial and organizational strengthening of family
planning programmes addressed to women and men and the provision
of wide access to contraceptives for all women. The Committee
urges the State party to reinforce programmes of sexual education
for both girls and boys in order to foster responsible sexual
behaviour. It also recommends that structures be established aimed
at addressing the mental health problems faced by women, as well
as those areas where negative developments have occurred.
43. The Committee
expresses its concern that the report does not contain sufficient
information on the situation of rural women, including older rural
women, including with regard to their cash income, social security,
access to free health care servicesand social and cultural opportunities.
It also expresses concern with the situation of women spouses
in family business, whose work is not reflected in official statistics.
44. The Committee
requests the State party to provide more information and data
on the situation of rural women in its next periodic report. The
Committee recommends that the State party monitor existing programmes
and develop comprehensive policies and programmes aimed at the
economic empowerment of rural women, ensuring their access to
training, productive resources and capital, as well as to health
care services, social security, and to social and cultural opportunities.
45. 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.
46. The Committee
also urges the State party to ratify the Optional Protocol to
the Convention.
47. The Committee
requests that the State party respond in its next periodic report
to the specific issues raised in these concluding comments. 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.
48. The Committee
requests the State party to disseminate widely the present concluding
comments in Estonia and to support their public discussion, in
order to make politicians and government administrators, women's
non - governmental organizations and the public at large aware
of the steps required to ensure de jure and de facto equality
for women. It also requests the State party to continue to disseminate
widely, in particular to women's and human rights organizations,
the Convention and its Optional Protocol, the Committee's general
recommendations, the Beijing Declaration and Platform for Action
and 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".
