Committee
on the Elimination of Discrimination against Women
Thirty-first session
6-23 July 2004
Concluding
comments: Argentina
(Advance Unedited Version)
1. The Committee
considered the follow-up report to the fifth periodic report of
Argentina (CEDAW/C/ARG/5/Add.1) at its 660th meeting, on 16 July
2004.
Introduction
by the State party
2. In introducing
the follow-up report to the fifth periodic report of Argentina,
the representative gave an overview of the new approach of the
current Government, which had taken office in May 2003, in the
political, economic, social and cultural fields and in human
rights. Central to the Government’s efforts were initiatives
to promote growth with social justice, the eradication of corruption
and an end to the culture of impunity in public institutions
and private organizations. The Government aimed at the re-establishment
of social mobility, the promotion of development and economic
growth, the creation of jobs and a more equitable distribution
of wealth, while enhancing the social inclusion of women and
men and strengthening, protecting and assisting families. The
representative also highlighted the important role of civil
society in these efforts. The judiciary had also undergone an
institutional renovation, and two of the three new members of
the Supreme Court of Justice were women. The reconstruction
would also be based on a firm policy of human rights that acknowledged
the work done by the Madres de la Plaza de Mayo and the Abuelas
de la Plaza de Mayo.
3. The devastating
effects of policies since the mid -1970s and the economic crisis
of 2001-2002 were reflected in the 2002 poverty indices, which
showed that 42.3 per cent of Argentines lived below the poverty
line and 21.5 per cent were unemployed. In 2003, those rates
were reduced to 36.5 per cent and 14.5 per cent, respectively.
The primary policies aimed at alleviation of the crisis and
the high poverty rates included the Economic Emergency Law,
the Emergency Health Law, the National Programme on Food Emergency
and the Unemployed Head of Household Programme.
4. Social
expenditure had been increased to combat poverty, support social
inclusion and strengthen families. Social programmes had been
replaced by a set of federal social policies that included the
National Plan for Food Security, the National Plan for Local
Development and Social Economy and the Family Plan. New, efficient,
service -delivery methodologies, including at the provincial
level, ensured that some 94.4 per cent of the budget allocated
to social programmes went direct ly to beneficiaries, instead
of the 40 per cent of previous years.
5. Among
the measures that had a direct impact on the situation of women
were the increase in private sector salaries, the initiation
of negotiations towards collective agreements and the increases
in the minimum wage for 2004, public sector pay and minimum
pensions. The scope of certain social programmes had been expanded
significantly, through such measures as pensions for mothers
with seven or more children and life pensions for all individuals
over 70 years of age, the majority of whom were women, who previously
lacked social security.
6. The crisis
had generated, especially for women, a multiplicity of organizations
and forms of social participation. These organizations had become
the conduit for implementing various strategies in support of
families. This social mobilization also deepened people’s
— and especially women’s — awareness of their
rights and supported their effective exercise, as well as the
realization o equal opportunities. These organizations formed
part of the Consultative Council on Social Policy, which were
responsible for ensuring the implementation of the social plans.
Civil society organizations were critical for the development
and implementation of assistance programmes and the restoration
of the social fabric.
7. Institutional
agreements existed between the National Women’s Council
and various bodies of the executive branch of Government. The
National Women’s Council participated in the development
of strategic policies to restore the culture of work and strengthen
equal rights and responsibilities between women and men within
the family. It had developed various programmes aimed at capacity
–building and the provision of technical assistance in
areas relating to women at the provincial and municipal levels
and to governmental and non -governmental organizations for
the promotion of rights in the areas of paid and unpaid work,
violence and health. The representative highlighted two of the
Council’s internationally funded programmes, namely, the
Federal Programme for Women and the Programme to Strengthen
the Family and Build Social Capital, and also noted that many
of the Government’s social programmes directly improved
women’s quality of life.
8.
In concluding, the representative referred to the “Let’s
Get to Work” programme and its role in creating economic
opportunities for women.
Concluding
comments of the Committee
Introduction
9. The Committee
expresses its appreciation to the State party for the time ly
submission of its follow-up report to the fourth and fifth periodic
reports, which the Committee had requested upon consideration
of those periodic reports in 2002, and for responding to the
concerns raised at that time. The Committee congratulates the
State party on its delegation, headed by the President of the
National Women’s Council. It commends the State party
for the oral presentation made by the delegation, which sought
to clarify the current situation of women in Argentina and provided
additional information on the implementation of the Convention
in the country.
10. The
Committee commends the State party for its declared political
will and efforts to improve the status of women in Argentina,
and appreciates the frank and constructive dialogue that took
place between the delegation and the members of the Committee.
11.
The Committee is aware that the State party is still enduring
the grave economic crisis that has affected the political, social
and institutional life of the country.
12. The
Committee congratulates the State party on the social policies
and programmes put in place, particularly in the areas of poverty
reduction, job creation and access to education, aimed at repairing
the damage done to the social fabric by the serious economic,
financial, political and social crisis experienced by the country
since 2001.
13. The
Committee commends the State party for its measures to increase
the participation of women in public life in the renewal process
of the country. It particularly welcomes the fact that two women
judges have been appointed to the Supreme Court of Justice,
and that women now constitute 41.67 per cent of senators, 33
per cent of members of Parliament and 27 per cent of deputies
in the provincial legislatures. It also welcomes the fact that,
further to the adoption of National Law No. 25.674 and Decree
No. 514/2003, known as the Law on Trade Union Quotas, a woman
is now part of the presiding body of the confederation of labour.
14.
The Committee appreciates that 21 provincial women’s offices
that form the Federal Women’s Council have been consolidated
for the implementation of policies and programmes on the advancement
of women.
Principal
areas of concern and recommendations
15. While
welcoming the efforts of the State party, the Committee is concerned
that the national machinery for the advancement of women does
not have sufficient financial and human resources to effectively
promote the advancement of women and gender equality in the
present phase of political, economic and social renewal. The
Committee is also concerned that the National Women’s
Council has a limited role in the governmental structure and
that it is not part of the presidential Cabinet.
16. The
Committee recommends that the State party strengthen the existing
national machinery in order to make it more effective as a catalyst
for gender equality in all spheres of life of the country, at
the federal as well as the provincial and local levels, by providing
it with adequate visibility, power and human and financial resources
at all levels and enhancing its ability to coordinate effectively
the work of existing mechanisms at the national and local levels.
It also calls on the State party to strengthen the machinery’s
capacity to effectively carry out activities for the advancement
of women and the promotion of gender equality, and to ensure
that gender perspectives are addressed in all policies and programmes.
17. While
welcoming the adoption and implementation of social and economic
policies and programmes aimed at offsetting the impact of the
crisis in the country, including the National Plan for Food
Security, the National Plan for Local Development and Social
Economy, the Family Plan, the Economic Emergency Law, the Emergency
Health Law, the National Programme on Food Emergency and the
Unemployed Head of Household Programme, the Committee is concerned
that women are mainly beneficiaries of these measures rather
than being equal participants and actors in their design and
implementation. The Committee is concerned that this approach
will perpetuate stereotypical views of the role of women and
men rather than effectively support women’s political
and economic empowerment.
18. The
Committee recommends that the State party emphasize a women’s
- empowerment approach and incorporate gender perspectives in
all its social and economic policies, programmes and projects
so as to ensure that they support the goal of gender equality
and women’s enjoyment of their human rights. It invites
the State party to periodically assess such measures and their
impact on women so as to ensure that they do not perpetuate
discrimination against women.
19. The
Committee is concerned about the poor working conditions women
endure in both the formal and informal sectors of the economy.
It is particularly concerned about the persistence of wage disparities
between women and men, which are discriminatory, and about the
lack of social benefits and services for women. The Committee
is concerned that in the prevailing situation of economic difficulty
and uncertainty, women may face even greater obstacles than
usual in claiming their rights and taking steps against discriminatory
practices and attitudes in their employment and economic activities.
20. The
Committee urges the State party to make all necessary efforts
to ensure the enforcement of legislation requiring employers
to provide equal pay for equal work, as well as efforts to ensure
that women receive adequate social benefits and services. It
also calls on the State party to ensure full adherence to existing
legislation so that women can use means of redress without fear
of reprisals from employers.
21. The
Committee is concerned about the situation of rural women, particularly
in view of their extreme poverty and lack of access to health
care, education, credit facilities and community services.
22. The
Committee urges the State party to pay special attention to
the needs of rural women, ensuring that they participate in
decision -making processes and have full access to education,
health services and credit facilities.
23. The
Committee expresses concern about the increase in the incidence
of violence against women, including domestic violence and sexual
harassment in the workplace, which might be correlated to the
crisis in the country. The Committee is also concerned that
perpetrators of acts of violence are often unpunished.
24. The
Committee urges the State party to ensure that a comprehensive
approach is taken to address violence against women and girls,
taking into account its general recommendation 19 on violence
against women. This must include the effective implementation
of the existing legislation, at the provincial level, to combat
all forms of violence against women. In addition, the Committee
urges the State party to consider enacting a law, at the federal
level and applicable to the entire territory of the country,
aimed at combating and eradicating violence against women and
at ensuring that women who are victims of violence and sexual
harassment have access to protection and effective redress,
that perpetrators of such acts are effectively prosecuted and
punished and that women are effectively protected against reprisals.
The Committee also recommends that the State party launch a
national public - awareness campaign on violence against women,
and the social and moral unacceptability of such violence especially
in the current difficult time the country is experiencing, and
increase its efforts to provide gender –sensitive training
on violence against women as a violation of women’s human
rights for public officials, particularly law enforcement pers
onnel, the judiciary and health services providers.
25. While
appreciating the establishment of the National Programme for
Sexual Health and Responsible Parenthood, the Committee is concerned
about the lack of information on the State party’s efforts
to evaluate the effectiveness of that Programme. The Committee
also expresses concern about the high pregnancy rate among adolescents,
the high rate of maternal mortality, one third of which is caused
by illegal abortion, and the increase in sexually transmitted
diseases, including HIV/AIDS. The Committee is also concerned
that the crisis is having a negative impact on women’s
and adolescent girls’ access to comprehensive health services,
particularly for reproductive and sexual health.
26. The
Committee urges the State party to ensure that women’s
and adolescent girls’ access to health services, including
sexual and reproductive health services, is fully ensured at
the present ti me. It calls upon the State party to ensure that
education on sexual and reproductive health is undertaken in
all schools. It also urges the State party to adopt all necessary
measures to reduce the high maternal mortality rate, as well
as the rate of sexually transmitted diseases, including HIV/AIDS,
among women. The Committee requests the state party to include
in its next periodic report comprehensive information on the
evaluation of the National Programme for Sexual Health and Responsible
Parenthood.
27. The
Committee is concerned that the report provided insufficient
data on the types of vocational and technical education , by
sex and field of study, and insufficient information on how
sex education is taught and at which levels.
28. The
Committee requests the State party to include in its next report
comprehensive data and information on women’s educational
situation and opportunities, including in respect of vocational
education. The Committee requests the State party to provide
in its next report information about the availability and provision
of sex education.
29. The
Committee urges the State party to ratify the Optional Protocol
to the Convention and to accept, as soon as possible, the amendment
to article 20, paragraph 1, of the Convention, concerning the
meeting time of the Committee.
30. The
Committee requests the State party to respond to the concerns
expressed in the present concluding comments in its next periodic
report. It invites the State party to prepare its next periodic
report in accordance with the Committee’s guidelines for
reporting.
31. The
Committee notes that States’ adherence to the seven major
international human rights instruments, i.e. the International
Covenant on Economic, Social and Cultural Rights (CESCR), the
International Covenant on Civil and Political Rights (CCPR),
the International Convention on the Elimination of All Forms
of Racial Discrimination (CERD), the Convention on the Elimination
of All Forms of Discrimination against Women (CEDAW), the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment (CAT), the Convention on the Rights of the Child
(CRC), and the International Convention on the Protection of
the Rights of All Migrant Workers and Members of their Families
(MWC) enhances the enjoyment by women of their human rights
and fundamental freedoms in all aspects of life. Therefore,
the Committee encourages the Government of Argentina to consider
ratifying the treaty to which it is not yet a party, i.e. the
International Convention on the Protection of the Rights of
All Migrant Workers and Members of their Families.
32. The
Committee requests the wide dissemination in Argentina of the
present concluding comments in order to make the people of Argentina,
and particularly government officials, politicians, parliamentarians
and women’s non-governmental organisations aware of the
steps that have been taken to ensure de jure and de facto equality
for women and the future steps required in that regard. It also
requests the Government 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 in the twenty-first century”.
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