CEDAW/C/CRO/CC/2-3
15 February 2005
Original: English
Committee
on the Elimination of Discrimination against Women
Thirty-second session
10-28 January 2005
Concluding
comments: Croatia
1. The Committee considered
the second and third periodic reports of Croatia (CEDAW/C/CRO/2-3)
at its 673rd and 674th meetings, on 18 January 2005.
Introduction
by the State party
2. In introducing the
report, the representative noted that in the framework of the
State party’s accession process to the European Union which
was currently under way, European authorities had recognized that
laws and institutional structures for the promotion of gender
equality were largely in place in the State party.
3. The representative
stressed that laws and regulations were in place to promote gender
equality and eradicate discrimination against women. The Constitution
recognized gender equality as the highest value of the constitutional
order. The Gender Equality Act of 2003, which largely followed
the provisions of the Convention, protected women against discrimination
and set out a policy of equal opportunities for men and women.
Other laws and policies, such as the Protection from Family Violence
Act, the Act on Same-Sex Unions, and the second National Policy
for the Promotion of Gender Equality, contributed to the effective
promotion of women’s rights.
4. The national mechanisms
included the Government Office for Gender Equality which had been
established in 2004 as the central government expert body, the
Parliamentary Gender Equality Committee, established in 2001,
and gender coordinators in ministries and at the local level.
The Ombudsperson for Gender Equality was envisaged in the Gender
Equality Act, and appointed in 2003. Several of these had only
recently been established, and especially the Government Office
for Gender Equality would need to be further strengthened to ensure
effective implementation of existing laws and policies.
5. Women’s participation
in political life had consistently increased since the 1990s,
and women now held 25 per cent of the seats in Parliament, putting
the State party above the European average. Of the leading government
officials 30 per cent were women, including 4 out of 14 ministers
and 1 of 2 deputy prime ministers. This positive development was
achieved through public debate, the adoption of various laws and
strategies, including temporary special measures in accordance
with the Convention, and especially the commitment of non-governmental
organizations (NGOs). However, women’s participation in
local government was significantly lower than at the national
level and stood at 14 per cent, and a series of activities aimed
at increasing women’s representation in the near term had
been launched.
6. The representative
affirmed the Government’s commitment to cooperate with NGOs
in achieving gender equality. Such organizations had received
funding for projects to promote women’s political participation,
as well as for publications, seminars and symposiums on gender
equality and women’s issues. As a result of these seminars,
a number of gender equality commissions had been formed at the
county level, which would form part of a network of institutional
mechanisms at the local and State levels.
7. One of the measures
taken to change social and cultural patterns and eliminate prejudices
and customs based on stereotyped gender roles included the declaration
by the Government of 22 September as the national day of campaigning
against violence against women. Its National Strategy for Protection
from Family Violence (2005-2007) had been prepared with the participation
of NGOs.
8. Turning to article
10 of the Convention, the representative emphasized that there
was no gender discrimination in access to education. The Ministry
of Science, Education and Sport had solicited opinions, comments
and proposals from relevant NGOs in the preparation of new school
curricula. The Government had also taken measures to prevent discrimination
against women in the labour market, and highlighted a project
aimed at promoting women’s economic empowerment and creating
incentives for women entrepreneurs.
9. The representative
pointed out that while most of the Convention’s provisions
were being implemented, coordinated action was required in a number
of areas to remove obstacles that hampered social change and the
attainment of genuine equality of women and men. On the basis
of a national report on the implementation of the objectives of
the Millennium Declaration of the United Nations, which had the
support of representatives of civil society, NGOs, Parliament,
and the Administration, the Government had singled out a series
of priorities for promoting gender equality, including in the
areas of women’s education, leadership and political participation,
violence against women, women’s economic status, the media,
data and statistics, work-life issues, and institutional capacity.
10. The representative
noted the Government’s readiness to continue to implement
the Convention. It had published and disseminated a guide to the
Convention and commemorated the twenty-fifth anniversary of its
adoption. The Government would continue to give wide publicity
to the Convention and its Optional Protocol.
Concluding
comments of the Committee
Introduction
11. The Committee expresses
its appreciation to the State party for its combined second and
third periodic reports, which is in compliance with the Committee’s
guidelines for the preparation of the periodic reports. It commends
the State party for including information on action taken in response
to the Committee’s concluding comments on the initial report.
It also commends the State party for the written replies to the
list of issues and questions raised by the pre-session working
group, and for the oral presentation and the further clarifications
in response to the questions posed orally by the Committee.
12. The Committee welcomes
the State party’s collaboration with women’s NGOs
and other civil society organizations in the preparation of the
report.
13. The Committee commends
the State party for its delegation, which was headed by the Head
of the Office for Gender Equality, and included representatives
from different ministries with responsibility for several areas
of the Convention. The Committee appreciates the constructive
dialogue that took place between the delegation and the members
of the Committee, although some of their questions were insufficiently
answered.
Positive
aspects
14. The Committee commends
the State party on articles 14 and 3 of the Constitution on gender
equality, and on the enactment of the Gender Equality Act of 2002.
It expresses its appreciation for the adoption of other laws and
legislative revisions aimed at the promotion of gender equality
and eradication of discrimination against women and to achieve
compliance with its obligations under the Convention, especially
the new Family Law and the Law on Protection from Family Violence,
as well as the amendments to the Criminal Code and Labour Code.
It also welcomes the second National Policy for the Promotion
of Gender Equality, and the planned preparation of a new Policy.
15. The Committee commends
the State party on its national machinery for the advancement
of women, including on the establishment of commissions on gender
equality at the local level.
16. The Committee notes
with satisfaction the increase in the number of women in political
life, especially in Parliament and in high-level positions in
the national Government.
17. The Committee commends
the State party for ratifying the Optional Protocol to the Convention
on the Elimination of All Forms of Discrimination against Women
in March 2001, as well as for accepting the amendment to article
20, paragraph 1, of the Convention in October 2003.
Principal
areas of concern and recommendations
18. The Committee notes
the State party’s obligation with respect to the systematic
and continuing implementation of all provisions of the Convention.
At the same time, it is the Committee’s view that the concerns
and recommendations identified in the present concluding comments
require the State party’s priority attention between now
and the submission of the next periodic report. Consequently,
the Committee calls upon the State party to focus on those areas
in its implementation activities and to report on action taken
and results achieved in its next periodic report. It calls on
the State party to submit the present concluding comments to all
relevant ministries and to Parliament so as to ensure their full
implementation.
19. The Committee is
concerned that the State party has not taken adequate steps to
implement the recommendations in regard to some concerns raised
in the Committee’s previous concluding comments adopted
in 1998 (A/53/38/Rev.1). In particular, the Committee finds that
its request to provide more information about the situation of
minority women (part one, para. 115) and of women with disabilities
(ibid., para. 116) has been insufficiently addressed.
20. The Committee reiterates
these concerns and recommendations and urges the State party to
provide the requested information in the next report.
21. While noting that
the State party has enacted a package of anti-discrimination laws,
the Committee is concerned that insufficient measures have been
put in place to ensure their speedy, consistent and effective
implementation. The Committee is concerned about the lack of information
about women’s use of existing complaints mechanisms, including
about court cases brought under these laws, which indicates women’s
lack of familiarity with these new laws. It is also concerned
that the State party has not taken sufficient concrete action
to ensure that judges, magistrates, law enforcement personnel,
employers and the legal profession are sufficiently familiar with
these legislative reforms.
22. The Committee requests
the State party to provide, in the next report, information on
the action taken to ensure the implementation of these laws, as
well as an assessment of their impact in enhancing the implementation
of the provisions of the Convention and ensuring women’s
access to justice and redress in cases of violations. The Committee
invites the State party to provide information about the number
and types of complaints on alleged discrimination against women
filed in courts and before other complaints mechanisms, and about
their results. It also recommends that the State party strengthen
education and training programmes, in particular for judges, lawyers
and law enforcement personnel, on the legislative reforms aimed
at eliminating discrimination against women. The Committee recommends
that awareness-raising campaigns targeted at women be undertaken
so that they can avail themselves of redress mechanisms.
23. The Committee regrets
that the report did not provide sufficient sex-disaggregated statistical
data in all areas covered by the Convention. It is also concerned
that the impact policies and programmes aimed at eliminating discrimination
against women has been insufficiently assessed.
24. The Committee requests
the State party to include adequate statistical data in its next
report so as to provide a full picture of progress in women’s
enjoyment of their rights in relation to the provisions of the
Convention. It also recommends that the State party regularly
conduct impact assessments of its legislative reforms, policies
and programmes so as to ensure that measures taken lead to the
desired goals, and to inform the Committee about the results of
these assessments in its next report.
25. While noting the
steps taken by the State party to strengthen the national mechanisms
for the advancement of women, including the establishment of the
Government Office of Gender Equality and of the Ombudsperson for
Gender Equality, the Committee expresses its concern that the
national machinery does not have enough authority and human and
financial resources to effectively carry out its mandate and promote
the advancement of women and gender equality. It is also concerned
about the Office’s limited capacity to undertake effective
coordination and cooperation with all mechanisms on gender equality
at the national and local levels, as well as cooperation with
women’s organizations.
26. The Committee recommends
the State party to strengthen the national machinery, and especially
the Government Office of Gender Equality, by providing it with
adequate human and financial resources so as to make it more effective
in carrying out its mandate. This should in particular include
capacity for better and more effective coordination among the
various mechanisms on gender equality and for enhanced cooperation
with civil society.
27. The Committee expresses
concern about the serious disadvantages women face in the labour
market, as reflected in women’s high unemployment rate,
the persistence of strong vertical and horizontal segregation,
wage differentials between women and men and the predominance
of women in low-wage sectors. The Committee expresses its particular
concern about the situation of women older than 40 years as well
as the discriminatory treatment of pregnant women in the labour
market. The Committee is also concerned that insufficient attention
is being given to policies supporting the sharing of work and
family responsibilities between women and men.
28. The Committee urges
the State party to ensure de facto equal opportunities for women
and men in the labour market through, inter alia, effective implementation
of labour legislation and the use of temporary special measures
in accordance with article 4, paragraph 1, of the Convention and
its general recommendation 25 on temporary special measures. It
urges the State party to encourage women to use existing complaints
mechanisms in cases of possible labour market discrimination.
The Committee recommends that efforts be made to eliminate occupational
segregation and age discrimination against women through education,
training and retraining measures, and better use of enforcement
mechanisms. It also recommends that the State party consider implementing
wage increases in female-dominated public sector areas, such as
the judiciary, education and health sectors. The Committee further
recommends that measures allowing for the reconciliation between
family and professional responsibilities be strengthened and promoted,
including awareness-raising for equal sharing of domestic and
family tasks between women and men.
29. The Committee is
concerned that Roma women remain in a vulnerable and marginalized
situation, especially in regard to education, employment, health,
and participation in public life and decision-making. The Committee
is also concerned about Roma women’s difficulties in the
enjoyment in practice of citizenship rights, in accordance with
article 9 of the Convention.
30. The Committee requests
the State party to take effective measures to eliminate discrimination
against Roma women, both in society at large and within their
communities, and to enhance respect for their human rights through
effective and proactive measures, including temporary special
measures in accordance with article 4, paragraph 1, of the Convention
and the Committee’s general recommendation 25, and awareness-raising
programmes. It calls upon the State party to provide, in its next
periodic report, a comprehensive picture of the situation of Roma
women and girls, including data disaggregated by sex, in regard
to their educational opportunities and achievements, access to
employment and health-care services, and participation in public
life and decision-making, especially in regard to policies that
directly affect them. The Committee requests the State party to
ensure equality for Roma women in the enjoyment of citizenship
rights. The Committee invites the State party to monitor the situation
of Roma women and provide an assessment of the impact of its policy
and programmatic measures in support of Roma women in its next
report.
31. While recognizing
the State party’s efforts to address violence against women,
the Committee is concerned about the high incidence of domestic
violence, the limited number of shelters available for women victims
of violence, and the lack of clear procedures, or protocols, for
law enforcement and health-care personnel who respond to cases
of domestic violence. The Committee is also concerned about the
high costs of legal representation in courts which may be an obstacle
to women victims of violence to seek redress through the justice
system.
32. The Committee urges
the State party to place high priority on the implementation of
the Law on Protection from Family Violence and to make it widely
known to public officials and society at large, as well as to
promptly complete and implement its national strategy for the
protection from domestic violence which is under preparation.
The Committee calls upon the State party to ensure that violence
against women is prosecuted and punished, and to facilitate women’s
access to legal aid. The Committee urges the State party to ensure
that enough shelters are available to women victims of violence.
It also calls on the State party to ensure that public officials,
especially law enforcement personnel, the judiciary, health-care
providers and social workers, are fully familiar with applicable
legal provisions, and are sensitized to all forms of violence
against women and adequately respond to them.
33. The Committee is
concerned about the persistence of sex-stereotyping in educational
curricula and in textbooks. It is also concerned that girls and
women in secondary schools and universities continue to choose
study areas traditionally seen as “female areas” and
that they are underrepresented in the sciences.
34. The Committee encourages
the State party to intensify its efforts to eliminate gender stereotyping,
and to strengthen the mainstreaming of gender perspectives in
curricula and textbooks. It also requests the State party to enhance
the training of teaching staff in regard to gender equality issues.
It calls on the State party to further encourage diversification
of the educational choices of boys and girls and at the tertiary
level, including through temporary special measures in accordance
with article 4, paragraph 1, to attract more women to the field
of science and technology. It also urges the State party to encourage
a public dialogue on the educational choices girls and women make
and their subsequent opportunities and chances in the labour market.
35. The Committee is
concerned that women are significantly underrepresented in the
executive bodies of local authorities.
36. The Committee recommends
the State party to take appropriate measures to increase the representation
of women in the executive bodies of local authorities, inter alia,
by implementing temporary special measures in accordance with
article 4, paragraph 1, of the Convention and its general recommendation
25. The Committee recommends that the State party assess the causes
for the successful increase of women in public and political life
at the national level, including in Parliament and Government,
and to use the lessons learned for increasing women’s participation
in local government structures.
37. The Committee is
concerned about the incidence of trafficking in women and that
the State party has become a country of origin, transit and destination
of trafficked women and girls. The Committee is concerned that
the incidence of trafficking is leading to an increase in the
exploitation of prostitution of women.
38. The Committee urges
the State party to step up its efforts to combat trafficking in
women and girls, including finalization and implementation of
its Operative Plan for Prevention of Trafficking, 2004 to 2008.
The Committee further calls on the State party to take all appropriate
measures to suppress exploitation of prostitution of women, including
through discouraging the demand for prostitution and taking measures
to rehabilitate and support women who want to get out of prostitution.
39. 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. The Committee invites the State party to
submit its fourth periodic report, which is due in October 2005,
and its fifth periodic report, which is due in October 2009, as
a combined report in 2009.
40.Taking account of
the gender dimensions of the declarations, programmes and platforms
for action adopted at 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 special 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.
41. 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, the International Covenant
on Civil and Political Rights, the Convention on the Elimination
of All Forms of Racial Discrimination, the Convention on the Elimination
of All Forms of Discrimination against Women, the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
the Convention on the Rights of the Child, and the International
Convention on the Protection of the Rights of All Migrant Workers
and Members of Their Families enhances the enjoyment by women
of their human rights and fundamental freedoms in all aspects
of life. Therefore, the Committee encourages the Government of
the Republic of Croatia 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.
42. The Committee
requests the wide dissemination in the Republic of Croatia of
the present concluding comments in order to make the people of
Croatia, including government officials, politicians, parliamentarians
and women’s and human rights organizations 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,
as well as the outcome document of the twenty-third special session
of the General Assembly, entitled “Women 2000: gender equality,
development and peace for the twenty-first century”.
