CEDAW/C/2003/I/CRP.3/Add.5/Rev.1
Advanced Unedited Version
31 January 2003
Original: English
03-22635 (E)
*0322635*
Committee on the Elimination of Discrimination against Women
Twenty-eighth session
13-31 January 2003
Draft report
Rapporteur:
Ms. Christine Kapalata
Consideration of reports of States parties Canada
Fifth periodic report
1. The Committee
considered the fifth periodic report of Canada (CEDAW/C/CAN/5
and Add.1) at its 603rd and 604th meetings, on 23 January 2003
(see CEDAW/C/SR.603 and 604).
I. Introduction
by the State party
2. In introducing
her country's fifth periodic report, the representative of Canada
highlighted the importance Canada placed on eliminating gender
discrimination and reported that women's overall economic situation
in Canada had continued to improve steadily, with women's relative
earnings increasing from 52 per cent of men's in 1986 to 63 per
cent in 1997. Women had made tremendous strides in education,
making inroads into traditionally male dominated professions and
the large majority of women of all ages considered themselves
to be in good health.
3. The representative
of Canada said that women over the past century had become increasingly
involved in the full range of social and economic aspects of life,
most notably becoming a major and integral part of the paid labour
force. The majority of women continued to be employed in predominately
female occupations, but the number was slowly declining. Their
overall economic situation continued to improve steadily and their
total earnings as a percentage of men's had increased. There was
still a distinct division of labour between the sexes, in particular
women with young children were spending more of their time on
unpaid work.
4. The representative
of Canada indicated that factors such as age, race, ethnicity,
immigrant status and Aboriginal heritage had significant effects
on women's economic status. Aboriginal women were concentrated
disproportionately in lowerskill and lower-paying occupations,
and had lower rates of employment in the wage economy than Aboriginal
men or non-Aboriginal women. Poverty among some groups of women
in Canada was far too high but poverty, in general, had been declining
since 1997.
5. The representative
explained that the Federal Plan for Gender Equality, with its
key long-term goal of undertaking gender-based analysis of policies
and programmes across Government, came into effect in 1995 at
a time when the Budget Act focused on expenditure reductions to
ensure fiscal responsibility. However, the economic situation
had improved since then and the Government had endorsed a dual
approach to gender equality that combined both the integration
of a gender perspective in government processes and the development
of policies and programmes that were gender specific, thus also
providing a more systematic approach to address gender discrimination.
In 2000 the Government adopted a new Agenda for Gender Equality.
The Agenda was a multi-year strategy, with new funding spread
over a five -year period. It was designed to engender current
and new policy and programme initiatives, accelerate the implementation
of gender-based analysis, enhance voluntary sector capacity, engage
Canadians in the policy process and meet Canada's international
commitments.
6. The representative
provided a few examples to demonstrate that progress had been
made in the past few years in process and results. The new Immigration
and Refugee Protection Act promoted the mainstreaming of gender
analysis through its requirements that gender impacts be reported
annually in the federal immigration department's report to Parliament.
As a part of the legislative process for the Immigration and Refugee
Protection Act, a gender-based analysis of the potential impacts
of the Act and its regulations had been prepared. Several sections
of the Act highlighted where gender had been taken into consideration.
Thus, for example, the Act included the offences for human smuggling
and trafficking in persons, carrying a maximum penalty of life
imprisonment, a fine of up to Can$ 1 million, or both. The legislation
recognized the context of trafficked women's lives by allowing
a court to take into account aggravating factors such as humiliating
or degrading treatment, including sexual exploitation, when determining
an appropriate penalty for the crime.
7. With regard
to the situation of indigenous women, the representative explained
that in 1998, in response to the Royal Commission on Aboriginal
Peoples, the Government had adopted an action plan called "Gathering
Strength", a strategy to improve the quality of life of Aboriginal
people and to promote self -sufficiency with funding of Can$ 965
million over five years. The Government had also introduced legislation
to modernize the governance components of the historic Indian
Act, adding to the First Nations' governance tools, which aimed
at improving women's quality of life in their communities by offering
them increased participation in the governance of the communities,
broadening their protection from discrimination and providing
additional remedies.
8. Turning
to unpaid work, the representative stated that in December 2002,
parental benefits under the Employment Insurance scheme were increased
from 10 weeks to 35 weeks and that a disincentive that affected
fathers was removed, doubling the combined maternity/parental
benefit period to one full year. The numb er of Canadians accessing
parental benefits increased by 24.3 per cent in 2001. The Government
had also introduced and enhanced in the recent past a Child Tax\
benefit and National Child Benefit System, which included a supplement
for lower income families. Those benefits were particularly important
in fostering parental employment in low-income families, where
earnings alone would not be sufficient to meet family needs. The
new child benefits thus directly addressed some key factors contributing
to poverty among women - their lower average wages and predominance
as primary care providers for children.
9. Regarding
women's health, the representative noted recent investments in
the areas of disabilities and health research. The Institute of
Gender and Health, established in 2000, offered an unprecedented
opportunity to investigate the influence of gender and sex on
health. The 1997 Guidelines on the Inclusion of Women in Clinical
Trials were an important step forward in the light of women's
greater reporting of chronic health conditions and greater use
of medication than men. The Guidelines aimed to ensure that drug
manufacturers seeking market approval for their products based
their application on research representing the full range of patients
likely to receive the drug and that women were enrolled in clinical
trials at all stages of drug development. Such procedures helped
to define the risks and benefits associated with drug therapy
to women, including women with childbearing potential and post-menopausal
women.
10. The representative
stated that another major government priority was to eliminate
systematic violence against women. In 2002, federal, provincial
and territorial ministers released a document entitled "Assessing
Violence Against Women: A Statistical Profile", which provided
reasons to believe that Canada's efforts to address violence against
women might have had some positive effects. In 1993, some 12 per
cent of women had indicated they had been assaulted by a marital
or common-law partner in the preceding five years, whereas in
1999 the figure dropped to 8 per cent. The Government had initiated
a number of criminal law reforms aimed at providing protection
for victims of sexual assault and other violent offences. In addition,
the Criminal Code and related legislation had been amended to
facilitate the testimony of young victims of sexual or violent
crime and to expand the role of victim impact statements.
11. Lastly,
the representative of Canada said that Domestic Violence Courts
had been created in many jurisdictions, with the aim of improving
the justice system's response to domestic violence. They provided
a range of specialized services, such as advocacy and support
for women and children, expedited court processing, better victim
cooperation and support, greater conviction rates and appropriate
sentencing,
including treatment for abusers.
II. Concluding
comments of the Committee Introduction
12. The Committee
commends the State party for preparing and presenting its fifth
periodic report, which contains input from the federal, provincial
and territorial governments.1 It also commends the State party
for the written replies to the questions of the Committee's pre
-session working group. However, it regrets that not all questions
listed by the pre-session working group were answered by the State
party.
13. The Committee
congratulates the State party for the large delegation representing
various governments, headed by the Coordinator of Status of Women
Canada. The Committee appreciates the open dialogue that took
place between the delegation and the members of the Committee.
14. The Committee
notes that the State party introduced gender-based impact analysis
programmes and published Economic Gender Equality Indicators as
a follow-up to the 1995 Beijing World Conference on Women.
Positive
aspects
15. The Committee
welcomes the accession, in October 2002, to the Optional Protocol
to the Convention on the Elimination of All Forms of Discrimination
against Women and the acceptance of the amendment to article 20,
paragraph 1, in November 1997.
16. The Committee
commends the State party's policy, at the international level,
in setting women's human rights standards, providing financial
and other assistance to women's rights projects in developing
countries as well as mainstreaming gender in its development assistance
programmes and projects.
17. The Committee
commends the State party for its ongoing efforts towards improving
the legal and de facto situation of women in Canada; in particular,
it notes that the Canadian Human Rights Act as well as provincial
and territorial human rights legislations have been amended or
reinterpreted through court rulings and that additional laws have
been formulated, all of which are directed towards the prohibition
of all kinds of discrimination, including, inter alia, the practice
of female genital mutilation.
18. The Committee
notes with appreciation the recruitment and promotion measures
taken to increase women's participation in the Foreign Service.
19. The Committee
expresses satisfaction to the State party with the efforts undertaken
by some provincial governments in order to increase the number
of female students in the technical and scientific disciplines
in their universities.
20. The Committee,
through the State party, commends the province of Quebec, for
having made available full-time kindergarten to all children in
the Province since 1997 and for making early childhood services
available at a nominal cost in general and free of charge for
parents on soc ial assistance.
21. The Committee
welcomes the creation of Domestic Family Violence Courts in some
jurisdictions as a way to improve the justice system's response
to domestic violence.
22. The Committee
commends the State party for the creation, in 2000, of the Institute
of Gender and Health to contribute to the reduction of health
disparities and the promotion of equity for vulnerable populations
of women, including women with disabilities.The Committee also
notes with appreciation the adoption of the Guidelines on the
Inclusion of Women in Clinical Trials to ensure that women are
enrolled in such trials at all stages of drug development.
Principal
areas of concern and recommendations
23. The Committee
regrets that the report, covering the period 1994-1998, was only
submitted in 2002 and that it does not fully comply with the Committee's
guidelines on the format of periodic reports. The report does
not provide integrated information from federal to provincial
and territorial levels, article by artic le, as recommended by
the Committee in its previous concluding comments. Moreover, the
report lacks integrated sex-disaggregated data from the federal,
provincial and territorial levels, in particular detailed information
on the scope of the programmes and the impact of the measures
undertaken by the State party to eliminate discrimination against
women.
24. The Committee
recommends that, in preparing its next report, the State party
take into account the Committee's guidelines and its general recommendations.
It recommends that the State party's next report contain more
specific and analytical information on the situation of women
by the federal, provincial and territorial governments and that
it cover all jurisdictions in a consistent and integrated way.
That information should be supported by nationwide sex-disaggregated
data and should point to and describe the results intended and
achieved by legal provisions, policies and programmes adopted
by the federal, provincial and territorial governments directed
towards the elimination of discrimination against women.
25. The Committee
acknowledges the State party's complex federal, provincial and
territorial political and legal structures. However, it underlines
the federal Government's principal responsibility in implementing
the Convention. The Committee is concerned that the federal Government
does not seem to have the power to ensure that governments establish
legal and other measures in order to fully implement the Convention
in a coherent and consistent manner.
26. The Committee
recommends that the State party search for innovative ways to
strengthen the currently existing consultative federal -provincial
- territorial Continuing Committee of Officials for human rights
as well as other mechanisms of partnership in order to ensure
that coherent and consistent measures in line with the Convention
are achieved. The Committee also recommends that the existing
mechanisms be used to introduce best practices to achieve substantive
equality of women with men in the enjoyment of their human rights
under all governments.
27. The Committee
is concerned that, within the framework of the 1995 Budget Implementation
Act, the transfer of federal funds to the provincial and territorial
levels is no longer tied to certain condit ions which previously
ensured nationwide consistent standards in the areas of health
and social welfare. It is also concerned about the negative impact
that the new policy has had on women's situation in a number of
jurisdictions.
28. The Committee
recommends that the federal Government reconsider those changes
in the fiscal arrangements between the federal Government and
the provinces and territories so that national standards of a
sufficient level are re-established and women will no longer be
negatively affected in a disproportionate way in different parts
of the State party's territory.
29. While
noting recent efforts at gender-based impact analysis of legislation,
programmes and other measures at the federal and some provincial
levels, the Committee is concerned that such efforts are not mandatory
for all levels and bodies of the various jurisdictions.
30. The Committee
recommends that the State party consider making genderbased impact
analysis mandatory for all legal and programme efforts at the
federal level and, through its respective Consultative Continuing
Committees of Officials, at the provincial and territorial levels.
31. While
appreciating the fact that funds are available under the Court
Challenges Programme for test cases under the equality guarantee
in the Canadian Charter of Rights and Freedoms, the Committee
is concerned that the Programme applies only to federal laws and
programmes. The Committee is also concerned that federal legal
aid funds in civil and family law and for legal matters related
to poverty issues, incontrast to legal aid for criminal cases,
are channelled to the provinces and territories at their discretion.
That, in practice, turns out to have a disproportionately restrictive
impact on women seeking legal redress as comp ared to men.
32. The Committee
urges the State party to find ways for making funds available
for equality test cases under all jurisdictions and for ensuring
that sufficient legal aid is available to women under all jurisdictions
when seeking redress in is sues of civil and family law and in
those relating to poverty issues.
33. While
appreciating the federal Government's various anti-poverty measures,
the Committee is concerned about the high percentage of women
living in poverty, in particular, elderly women living alone,
female lone parents, Aboriginal women, older women, women of colour,
immigrant women and women with disabilities, for whom poverty
persists or even deepens, aggravated by the budgetary adjustments
since 1995 and the resulting cuts in social services. The Committee
is also concerned that the State party's measures are mostly directed
towards children and not towards these groups of women.
34. The Committee
urges the State party to assess the gender impact of anti - poverty
measures and increase its efforts to combat poverty among women
in general and the vulnerable groups of women in particular.
35. The Committee
is concerned about a number of recent changes in British Columbia
which have a disproportionately negative impact on women, in particular
Aboriginal women. Among these changes are: the cut in funds for
legal aid and welfare assistance, including changes in eligibility
rules; the cut in welfare assistance; the incorporation of the
Ministry of Women's Equality under the Ministry of Community,
Aboriginal and Women's Services; the abolition of the independent
Human Rights Commission; the closing of a number of courthouses;
and the proposed changes regarding the prosecution of domestic
violence as well as the cut in support programmes for victims
of domestic violence.
36. The Committee,
through the State party, urges the government of British Columbia
to analyse its recent legal and other measures as to their negative
impact on women and to amend the measures, where necessary.
37. While
appreciating the federal Government's efforts to combat discrimination
against Aboriginal women, including the pending amendment to the
Canadian Human Rights Act, and to achieve substantive equality
for them, the Committee is seriously concerned about the pers
istent systematic discrimination faced by Aboriginal women in
all aspects of their lives. The Committee is concerned that Aboriginal
women, among other highly vulnerable groups of women in Canada,
are over-concentrated in lower-skill and lower-paying occupations,
they constitute a high percentage of those women who have not
completed secondary education, they constitute a high percentage
of women serving prison sentences and they suffer high rates of
domestic violence. The Committee is further concerned that the
First Nations Governance Act currently under discussion does not
address remaining discriminatory legal provisions under other
Acts, including matrimonial property rights, status and band membership
questions which are incompatible with the Convention.
38. The Committee
urges the State party to accelerate its efforts to eliminate de
jure and de facto discrimination against Aboriginal women both
in society at large and in their communities, particularly with
respect to the remaining discriminatory legal provisions as well
as to the equal enjoyment of their human rights to education,
employment and physical and psychological wellbeing. It urges
the State party to take effective and proactive measures, including
awareness-raising programmes, to sensitize Aboriginal communities
about women's human rights and to combat patriarchal attitudes,
practices and stereotyping of roles. It recommends to the State
party to ensure that Aboriginal women receive sufficient funding
in order to be able to participate in the necessary governance
and legislative processes that address issues which impede their
legal and substantive equality. It also requests the State party
to provide comprehensive information on the situation of Aboriginal
women in its next report.
39. While
appreciating the inclusion of trafficking in persons as constituting
a criminal offence under the new Immigration and Refugee Protection
Act, as well as other aspects protecting refugee and immigrant
women, the Committee notes that other provisions and practices
may still contribute to devaluing women's educational skills and
previous economic contributions to their families' well-being.
40. The Committee
requests the State party to implement fully the genderbased impact
analysis and reporting requirements provided in the new Act with
a view to eliminating remaining provisions and practices which
still discriminate against immigrant women.
41. While
noting the improvement regarding the de facto situation of live-in
caregivers through formal employment contracts, the Committee
is concerned that the caregivers are allowed into the country
only as temporary residents, they do not receive adequate social
security and having to live in the homes of their employers may
subject them to exploitation and abuse.
42. The Committee
urges the State party to take further measures to improve the
current live -in caregiver programme by reconsidering the live
-in requirement, ensuring adequate social security protection
and accelerating the process by which such domestic workers may
receive permanent residency.
43. The Committee
recognizes the efforts made by the State party in addressing the
issue of trafficking in women and girls, but notes with concern
that the report does not provide sufficient information on the
programmes to assist victims of trafficking.
44. The Committee
encourages the State party to assist victims of trafficking through
counselling and reintegration and to include detailed information
on its victim assistance programmes in its next periodic report.
45. Despite
the commendable measures taken by the State party to combat violence
against women and girls, including criminal law reforms, the Committee
notes with concern that violence against women and girls persists.
The Committee is particularly concerned about the inadequate funding
for women's crisis services and shelters.
46. The Committee
urges the State party to step up its efforts to combat violence
against women and girls and increase its funding for women's crisis
centres and shelters in order to address the needs of women victims
of violence under all governments.
47. While
appreciating the progress made as regards increased women's political
representation and the new legal provisions that benefit female
candidates for political office in particular, the Committee is
concerned that women are still underrepresented in all areas of
political and public life.
48. The Committee
urges the State party to take additional measures to increase
the representation of women in political and public life. It recommends
the introduction of temporary special measures with numerical
goals and timetables to increase the representation of women in
decisionmaking
positions at all levels.
49. The Committee
notes with concern the lack of women's de facto equality in the
labour market, including the fact that, owing to their unpaid
tasks in the family, a large percentage of them work in part -time
jobs, marginal jobs and self-employment arrangements, which often
do not carry adequate social benefits.
50. The Committee
recommends to the State party to monitor closely the situation
of women's non-standard jobs and to introduce employment-related
measures which will bring more women into standard employment
arrangements with adequate social benefits.
51. While
commending the State party's efforts directed towards the implementation
of the principle of equal pay for work of equal value, the Committee
notes with concern that the auditing process is too slow and that
that principle is not implemented in practice by all provincial
and territorial governments.
52. The Committee
urges the State party to accelerate its implementation efforts
as regards equal pay for work of equal value at the federal level
and utilize the respective federal -provincial-territorial Continuing
Committees of Officials to ensure that that principle is implemented
under all governments.
53. While
commending the State party's efforts towards bringing Aboriginal
women into improved income-generating positions, the Committee
is concerned that the focus on entrepreneurships may not lead
to Aboriginal women's economic independence.
54. The Committee
recommends to the State party to ensure that incomegenerating
efforts for Aboriginal women provide for sustained and adequate
income, including all necessary social be nefits.
55. The Committee
is concerned that, while the report cites laudable efforts at
expanding and improving childcare under all governments, there
is no information, except for Quebec, indicating whether the available
childcare places meet the demand and are affordable.
56. The Committee
recommends that the State party further expand affordable childcare
facilities under all governments and that it report, with nationwide
figures, on demand, availability and affordability of childcare
in its next report.
57. While
noting improvements in the Employment Insurance Act, the Committee
is concerned that the number of women eligible for unemployment
benefits is lower as compared to men. While also appreciating
the increase of the number of months of parental le ave, the Committee
is concerned that the low benefit level of the parental leave
may not encourage great numbers of fathers to avail themselves
of
that leave.
58. The Committee
recommends to the State party to reconsider the eligibility rules
of that Act based on a gender-based impact analysis in order to
compensate for women's current inequalities in accessing those
benefits owing to their non-standard employment patterns. It also
encourages the State party to consider raising the benefit level
for parental leave.
59. The Committee,
although recognizing the efforts undertaken by the State party
concerning the provision of social housing, is concerned that
such efforts might be inadequate to address the needs of women
with low incomes and those of female single parents.
60. The Committee
recommends that the State party reconsider and, if necessary,
redesign its efforts towards socially assisted housing based on
a gender-based impact analysis for vulnerable groups of women.
61. While
recognizing the State party's close collaboration with non -governmental
organizations in the work towards women's empowerment, the Committee
notes with concern that non-governmental organizations were not
invited to contribute to the preparation of the report.
62. The Committee
recommends that women's non-governmental organizations representing
different groups of women under all governments and other relevant
NGOs, be involved in a national discussion and dissemination of
the next report
63. The Committee
requests the State party to respond to the concerns expressed
in the present concluding comments in its next periodic report
under article 18 of the Convention.
64. Taking
account of the gender dimensions of declarations, programmes and
platforms for action adopted by relevant United Nations conferences,
summits and special sessions (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 s pecial session), the special
session of the General Assembly 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 Committee requests the State party
to include information on the implementation of aspects of those
documents relating to relevant articles of the Convention in its
next periodic report.
65. The Committee
requests the wide dissemination in Canada of the present concluding
comments in order to make the people of Canada, and particularly
government administrators and politicians, 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".
