I. Introduction by the State party
2. In introducing
the periodic report, the representative of Uruguay noted that
while her country's authorities had intended to send a representative
with direct expertise in the gender area, that had regrettably
not been possible, owing to budget cuts made as a result of the
economic and financial problems that the country had recently
experienced.
3. The representative
went on to explain that, during the period between her country's
submission of its initial report in 1985 and the present, there
had been a steady evolution, and progress of various kinds had
been made in the effective implementation of women's rights.
4. At the
governmental level, progress had been made in several areas, including
the establishment of the National Institute for Family and Women's
Affairs , the Commission on Women's Rights in support of the Institute's
activities, the Tripartite Commission on Equal Opportunities and
Treatment in Employment and the Interministerial Commission responsible
for designing and implementing policies to reduce domestic violence,
as well as the enactment of supplementary norms relating to women
workers in the public and private sectors who are pregnant or
breastfeeding and the prohibition against their dismissal and,
lastly, the implementation of various actions to improve health
education, programmes to control teenage pregnancy, programmes
on sexually transmitted diseases and acquired immunodeficiency
syndrome (AIDS), and cancer prevention programmes.
5. The representative
also stated that in recent years there had been various parliamentary
initiatives to promote women's rights, such as the establishment
of the Commission on Women's Human Rights and the Commission on
Gender and Equity.
6. The representative
mentioned, in particular, the initiatives carried out by the Municipal
Administration of Montevideo, which had, inter alia, established
a Commission on Women to deal specifically with all questions
relating to women; that had been the startingpoint for similar
actions in other municipal administrations throughout the country.
7. The representative
also noted that while there had been issues on which final answers
had not yet been reached, very intense debates had been opened
up that would undoubtedly culminate in specific advances; among
those issues were the establishment of the post of Ombudsman or
Public Defender, and abortion, on which there were a number of
initiatives that legislators were considering.
8. The representative
pointed to a number of advances in the international arena, including
the ratification of legal instruments, such as the Inter- American
Convention on the Prevention, Punishment and Eradication of Violence
against Women, in 1996, and the Optional Protocol to the Convention
on the Elimination of All Forms of Discrimination against Women,
in 2001.
9. The representative
said it was regrettable that the progress cited had been insufficient,
as various obstacles, particularly scarce resources, had slowed
the implementation of the actions envisaged. For that reason,
action by international organizations, such as international and
national non -governmental organizations (NGOs), was of major
importance, particularly on all issues relating to women; many
of the advances made would not have been secured without their
effective efforts. The representative also mentioned the actions
carried out in the domestic violence area, with regard to both
the national telephone service and shelters for victims, and the
NGO studies, research and analyses which had yielded concrete
data essential to diagnosing certain situations (ethnic minorities),
thereby making it easier to resolve them and facilitating the
Government's task.
10. Lastly,
the representative stated that while much remained to be done,
there were ever greater efforts to make equality of rights for
women a reality, not only in the legislative area but also in
practice.
II. Concluding comments of the Committee
Introduction
11. The Committee
expresses its appreciation to the Government of Uruguay on its
second and third periodic report, while regretting the fact that
the report was submitted with some delay and does not comply with
the Committee's guidelines.
12. The Committee, while thanking the Deputy Permanent Representative
for her oral presentation, regrets the descriptive and general
nature of both the report and the discussion, as a result of which
the Committee has not been afforded a complete picture of the
legal and social status of women in Uruguay, or of the progress
made in the implementation of the Convention since the country
prepared its initial report, considered in 1985.
Positive
aspects
13. The Committee
commends the State party on its prompt ratification of the Optional
Protocol to the Convention.
14. The Committee
takes note of the fact that the Constitution guarantees the protection
of the rights of women and men, as individuals and as groups,
and that reference is made in particular to the right of amparo.
15. The Committee
notes with satisfaction that a significant number of Uruguayan
women are highly educated and have a high rate of participation
in the labour market.
16.The Committee
notes the importance of the National Programme for Women to promote
actions to improve the status of women. The Committee acknowledges
the efforts of the State party to implement the Convent ion by
initiating various programmes.
17. The Committee
notes with satisfaction that the Citizen Security Act defines
domestic violence as a distinct offence.
18. The Committee
commends the Government on its initiative to encourage the participation
of women's non-governmental organizations in programmes for the
implementation of the Convention.
Factors
and difficulties affecting the implementation of the Convention
19. The Committee
notes that deep -rooted, stereotypical attitudes concerning the
role s of men and women constitute an obstacle to the full implementation
of the Convention.
Principal
areas of concern and recommendations
20. The Committee
is concerned that despite the existence of Act 16,045 of June
1989 which prohibits discrimination on the grounds of sex, the
Convention has not been incorporated into domestic legislation.
In particular, it regrets that article 1 of the Convention, which
defines "discrimination against women" is not part of
Uruguayan legislation.
21.The Committee
recommends that the State party give further consideration to
the incorporation of the Convention into domestic legislation.
It points particularly to the importance of the incorporation
of article 1 of the Convention and requests that the State party
report on progress made in this regard in its next periodic report,
including information on whether the Convention has been invoked
before in domestic courts.
22. The Committee
expresses concern that Uruguayan women make little use of existing
judicial remedies for the protection and enjoyment of their rights,
including the remedy of amparo
23. The Committee
requests the State party to include more information in its next
periodic report on mechanisms and procedures available to women
for the protection and promotion of their rights.
24. The Committee
expresses its concern that the National Institute for Family and
Women's Affairs, as a national mechanism for the advancement of
women, has no real power to initiate and implement regulatory
measures designed to eliminate discrimination against women. The
Committee is concerned that the national mechanism may have inadequate
financial and human resources.
25. The Committee
recommends that the State party clearly define the mandates of
the various institutions and commissions and the level of interaction
between them. The Committee encourages the State party to allocate
the human and financial resources required to the national machinery
so as to ensure the effective implementation of governmental policies
and programmes for gender equality encourages the Government to
mainstream a gender perspective within all the ministries.
26 The Committee
expresses concern at the continuing existence of stereotypes relating
to the role of women in the family and society, and at deep -rooted
attitudes and conduct based on the assumed superiority of men
in the public and private spheres. It is a matter of concern to
the Committee that the State party attaches little importance
to this problem and thus encourages the persistence of such stereotypes,
which are an obstacle to the implementation of the Convention.
27. The Committee
urges the State party to adopt measures to eliminate social stereotypes
in Uruguay. It urges the State party to concentrate on increasing
women's participation in all areas, particularly decision -making,
and on prevailing on men to share family responsibilities. It
urges the Government to strengthen its awareness-raising programmes,
and to take action to change stereotyped attitudes and perceptions
as to men's and women's roles and responsibilities.
28. The Committee
expresses concern that, despite the efforts made, a comprehensive
approach is not being taken towards the prevention and elimination
of violence against women, particularly as regards domestic violence,
crimes of honour and the punishment of offenders. The Committee
notes that despite the legislative action taken under the Citizen
Security Act, violence against women, particularly domestic violence,
remains a serious problem in Uruguay.
29. Recalling
its General Recommendation 19 on violence against women, the Committee
urges the State party to assess the impact of the current legal,
policy and programmatic measures to deal with the various forms
of violence against women, as well as to adopt a specific domestic
violence act, incorporating measures for prevention, punishment
of offenders and protection for victims. Bearing in mind that
account must be taken of the underlying causes of violence against
women, and domestic violence should be investigated with a view
to enhancing the effectiveness of legislation, policies and programmes
to combat it, the Committee also recommends that the State party
continue the training and awareness -raising programmes for judicial
personnel, law enforcement officials and members of the legal
and health professions, as well as awareness-raising measures
to ensure that society will not tolerate any form of violence
against women. The Committee encourages the State party to strengthen
its collaboration with civil society and non-governmental organizations
with respect to violence against women. It also recommends that
allocation of funding commensurate with the high priority that
efforts to combating such violence should have.
30. The Committee
expresses concern that the Penal Code contains several provisions
that discriminate against women. The Committee is concerned at
article 116 which provides for mitigation of sentence where a
rapist marries his victim. It is also concerned at article 328
which provides that "protectin g the honour of the perpetrator,
the spouse and a close relative" may be a factor mitigating
sentence in cases of induced abortion.
31. The Committee
calls on the State party to give priority to the repeal of these
articles of the Penal Code so as to bring the Code into line with
the Convention on the Elimination of All Forms of Discrimination
against Women, and its general recommendations, in particular
19 on violence against women, and 24 on article 12 - women and
health.
32. The Committee
notes that although Uruguayan women are highly educated and have
a high rate of labour-market participation, this is not reflected
in their employment status and conditions, particularly with respect
to private -sector pay. Furthermore, the Committee is concerned
at the high proportion of women in the service sector, especially
personal services, an area in which pay is traditionally low.
33. The Committee
recommends that both in the public and in the private sector the
State party
endeavour to ensure strict compliance with labour legislation,
and take action to eliminate discrimination in employment and
with respect to pensions and private -sector pay, as well as promoting
participation by women in sectors traditionally regarded as male.
34. The Committee
is concerned at the low participation of women in politics and
government administration, particularly as regards decision -
making.
35. The Committee
urges the State party to take appropriate action and implement
broad strategies, including temporary special measures under article
4, paragraph 1, of the Convention, with a view to promoting greater
participation by women in public life, particularly decision -making
and promoting changes in attitudes and perceptions, held by both
women and men, as regards their respective roles in the household,
the family, at work and in society as a whole. In particular,
the Committee recommends that the Government take account of general
recommendations 21, concerning equality in marriage and family
relations, and 23, concerning women in public life, that it should
strengthen and step up action to promote awareness of the importance
of the role, activities and many contributions of women in the
community and in the family, and that it should in general promote
equality of men and women with respect to rights and opportunities.
36.The Committee
notes with concern the high pregnancy rates among adolescents,
and that young adolescents make up a high proportion of this group.
It also notes the high rate deaths related to abortion amongst
adolescents.
37. The Committee
recommends that the State party examine the situation of adolescents
as a matter of priority, and urges it to take action to ensure
that effective reproductive and sexual health services are provided
and that due attention is paid to the information requirements
of adolescents, including through programmes and policies to provide
information on the different kinds of contraceptives available
and how they are to be obtained, on the basis of the principle
that family planning is the responsibility of both the man and
the woman. The Committee requests Uruguay to include information
on the impact of programmes to reduce and prevent pregnancy among
adolescents in its next periodic report.
38. The Committee
expresses concern that the Civil Code still contains provisions,
including those with respect to early marriage, that discriminate
against women.
39. The Committee
urges the State party actively to promote the elimination of discriminatory
legal provisions that still exist, particularly in the Civil Code
in matters relating to the family, and to bring Uruguayan legislation
into line with the Convention, including article 16.2 relating
to minimum age for marriage.
40. The Committee
is concerned that there is limited awareness, including amongst
legal and law enforcement personnel, of the provisions of the
Convention and the procedures available under its Optional Protocol.
41. The Committee
recommends that educational programmes on the Convention, the
Optional Protocol and women's rights be introduced, in particular
for the judiciary, law enforcement officials and lawyers. The
Committee also recommends that steps be taken to increase the
number of women occupying high positions in the judiciary and
law -enforcement agencies.
42. The Committee
is concerned that the report does not contain information on the
situation of minorities in the State party, and in particular,
that of black women.
43. The Committee
requests the State party include information on the situation
of minority women in its next periodic report.
44. The Committee
is concerned that the report did not contain information on the
implementation of the Beijing Platform for Action in the State
Party.
45. The Committee
recommends that, where appropriate, the State party implement
the commitments of the Platform for Action. In particular, it
recommends the immediate adoption of an equal opportunity which
can place the National Programme for Women on a solid legal basis.
It also encourages the State party to mainstream a gender perspective
within all ministries and to establish procedures for assessing
the impact of such mainstreaming.
41. The Committee
asks the State party to respond in its next periodic report to
the concerns set out in the present concluding comments, under
article 18 of the Convention. It also urges the State party to
draft future reports in accordance with its guidelines, providing
not only a description of the legal framework, but sufficient
information supported by statistical data to clarify not only
the leg al situation of women but also the situation in practice,
including obstacles encountered.
40. The Committee
urges the State party to accept as soon as possible the amendment
to article 20, paragraph 1, of the Convention, concerning the
meeting time of the Committee.
42. The Committee
requests the State party to disseminate these concluding comments
widely in Uruguay and to promote public discussion of them, so
as to bring to the attention of politicians, government administrators,
non -governmental women's organizations and the general public
the action that must be taken to achieve de jure and de facto
equality of men and women. It also requests the State party to
continue to ensure wide dissemination, particularly among human
rights and women's organizations, of the Convention, 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".
