Committee
on the Elimination of
Discrimination against Women
Thirtieth session
12-30 January 2004
Concluding
comments: Germany
1. The Committee
considered the fifth periodic report of Germany (CEDAW/C/DEU/5)
at its 640th and 641st meetings, on 21 January 2004 (see CEDAW/C/SR.640
and 641).
Introduction by the State party
2. In introducing the report, the representative of Germany noted
that the fifth periodic report gave an overview of the equality
policy pursued by the Government since 1998, and drew attention
to the ongoing dialogue with non-governmental organizations. The
Convention now enjoyed unprecedented priority in the German Parliament,
which in 2003 had discussed a report under the Convention for
the first time.
3. Turning to recent developments, the representative drew attention
to the Government's Plan of Action to combat violence against
women at all levels, which constituted the first comprehensive
approach to the issue and was aimed at achieving structural change.
The Plan's effective implementation required close cooperation
between the Federal Government and the Länder, and among
Federal Ministries. The Federal Act to Protect against Violence
aimed at providing quick protection for victims of violence, including
court protection against offenders. A survey had highlighted the
need for other types of support and advice for victims as well.
While responsibility for establishment of such a support infrastructure
rested with the Federal Länder and municipalities, the right
to a life free of violence was a political priority for the Federal
Government. The Federal Ministry for Women had commissioned an
evaluation of the Employee Protection Act of 1994 in regard to
prevention of sexual harassment at work, which had clarified some
of the obstacles to its effective implementation. The findings
would be taken into account in the forthcoming reform of the Act
in the wake of the transposition of the European Union's anti-discrimination
directives.
4. Turning to the question of trafficking in women, a national
working group had been established which acted as a steering body
for implementation of the Plan of Action, and good progress had
been made in institutionalizing cooperation between various levels
of government and other service providers. The Migration Act,
which implemented a European Council Directive providing, inter
alia, short -term residence permits for victims of trafficking,
consolidated the residence status of victims of trafficking in
human beings. The Act, together with the strengthening of support
measures, provided significant protection for victims.
5. Since 1999, gender mainstreaming was the guiding principle
of the Federal Government's political action. The strategy was
implemented through measures and pilot projects in almost all
the departments of the Federal administration. A Gender Competence
Centre had recently been inaugurated at Humboldt University in
Berlin to support the implementation of gender mainstreaming in
all areas of society. Germany had successfully advocated for the
establishment of a dual strategy for an equality policy within
the European Union, consisting of gender mainstreaming and of
a traditional policy for the advancement of women. Germany's development
cooperation was an illustration of a successfu l use of that dual
track strategy, and in 2002, €37.4 million had been committed
for gender mainstreaming and for women specific projects in support
of women's rights.
6. The reform policy of the Federal Government, contained in its
Agenda 2010, introduced far-reaching reforms in areas such as
economics, labour, finances and education. The interests of women
and families had been brought to bear especially in regard to
labour market reforms, and the impact of the reforms on women
would be carefully followed. The representative also mentioned
several pas t key measures, such as the Equal Opportunities Act
for the Public Service, the introduction of parental leave, the
legal claim to part-time employment, the reform of the Works Constitution
Act, and the "Job-Aqtiv" Act aimed at promoting women's
enrolment in employment promotion activities. The representative
stressed her special concern about the labour market prospects
for women in eastern Germany.
7. The representative stated that, in order to achieve equal opportunities
in employment, the conflicts of interests between family life
and work still had to be resolved. The Government cooperated with
relevant stakeholders to convince enterprises of the economic
benefits of measures enabling workers to reconcile family life
and work. The evaluation of activities implemented under the agreement
of 2001 between the Federal Government and the Central Associations
of German Business to promote equal opportunities for women and
men would be presented shortly. The Government also promoted the
self-employment of women as a priority within its strategy in
support of medium-sized companies. The representative pointed
out that the employment rate of women had reached 58.8 per cent
in 2002 and the target of 60 per cent would be reached before
2010.
8. While Germany was ranked among the top 30 per cent of European
countries in granting financial benefits to families, it was last
in line with regard to provision of childcare and education facilities.
Until 2010, a series of measures were planned to create needs
-based facilities for children of all ages. While schools, day
care and nurseries were the responsibility of the Länder
and municipalities, the Federal Government had earmarked €4
billion for the establishment of all-day schools.
9. In conclusion, the representative noted that she had only highlighted
some major aspects in regard to the implementation of the Convention
and looked forward to the dialogue with the Committee on those
and other issues.
Concluding comments of the Committee
Introduction
10. The Committee
commends the State party for the timely submission of its fifth
periodic report, which complies with the Committee's guidelines
for the preparation of periodic reports. It also commends the
State party on the written replies to the issues and questions
of the pre -session working group and its oral presentation, which
focused on recent developments in the country and further clarified
the status of implementation of the Convention.
11. The Committee commends the State party for sending a high-level
delegation, headed by the Parliamentary State Secretary to the
Federal Minister for Family Affairs, Senior Citizens, Women and
Youth. The Committee appreciates the constructive dialogue that
took place between the delegation and the members of the Committee.
12. The Committee commends the State party for the withdrawal
of the reservation to article 7 (b) of the Convention, which the
State party had made upon ratification.
13. The Committee also commends the State party for objecting
to reservations entered by other States parties that it considers
incompatible with the object and purpose of the Convention.
Positive
aspects
14. The Committee notes with appreciation the extensive network
of institutions and mechanisms for gender equality at all levels
of government, and the wide range of policies and programmes covering
many areas of the Convention. It also notes with appreciation
the integrated approach to gender mainstreaming and the recent
inauguration of the Gender Competence Centre to support the introduction
and implementation of gender mainstreaming at various levels,
including business, politics and administration.
15. The Committee notes with appreciation that the State party
has ratified the Optional Protocol to the Convention and has accepted
the amendment to article 20, paragraph 1, of the Convention, relating
to the Committee's meeting time.
16. The Committee commends the State party for adopting a substantial
number of laws and amendments with a view to improving the legal
position of women, including the Act Amending the Aliens Act,
providing for an independent right of residence for foreign spouses
in the event of separation after two years of cohabitation in
Germany or earlier under the hardship clause; the Federal Act
on Implementing the Concept of Equal Opportunities between Women
and Men, which allows preference to be given to women under certain
conditions in areas where women are underrepresented; the Act
to Protect Against Violence, which provides for court orders against
offenders, including violent partners, and the Job -Aqtiv Act,
which expands specific labour market policy measures for women.
17. The Committee is pleased to note the active role played by
non-governmental organizations working on gender equality and
their cooperation with the State party, including through regular
consultations, membership in supradepartmental working parties,
contribution to the legislative process and membership in the
German delegation to the Commission on the Status of Women since
the twenty-third special session of the General Assembly.
18. The Committee welcomes the State party's policy of integrating
a gender dimension into its development cooperation programmes
and promoting women's human rights in that framework.
19. The Committee notes with appreciation that the fifth periodic
report of the State party had been discussed in Parliament (the
Bundestag).
Principal areas of concern and recommendations
20. The Committee is concerned about the continuation of pervasive
stereotypical and conservative views of the role and responsibilities
of women and men. It is also concerned that women are sometimes
depicted by the media and in advertising as sex objects and in
traditional roles.
21. The Committee recommends that policies be strengthened and
programmes implemented, including awareness-raising and educational
campaigns directed at women and men, and specifically at media
and advertising agencies, to help ensure the elimination of stereotypes
associated with traditional roles in the family and the workplace,
and in society at large. It also recommends that the media be
encouraged to project a positive image of women and that concerted
efforts be made to change men's and society's perception of women
as sex objects.
22. While acknowledging that a comprehensive plan of action has
been implemented and noting that the results of a survey on violence
against women are expected to become available later in 2004,
the Committee regrets the limited data and information available
with regard to the scope of violence against women, including
domestic violence, the nature of the violence and the age and
ethnicity of victims.
23. The Committee urges the State party to include data and information
on the nature and scope of violence against women, including within
the family and any new forms of violence against women, including
migrant women, and to provide this information in its next periodic
report. The Committee also encourages the State party to continue
its efforts to implement policies, plans and programmes aimed
at combating violence against women.
24. While noting the "Agreement to promote the equal opportunities
of women and men in private industry", the Committee expresses
concern at the high level of long-term unemployment of women,
the increase in the number of women in part - time work and in
low-paid and low-skilled jobs, the continuing wage discrimination
women face and the discrepancy between their qualifications and
occupational status. The Committee is also concerned that, notwithstanding
the adoption of new regulations in the Child -raising Benefits
Act, men seem to continue to resist taking up parental leave.
25. The Committee calls upon the State party to intensify its
efforts to increase women's de facto equal opportunities in the
labour market, including their access to full-time employment,
inter alia, through the use of temporary special measures in accordance
with article 4, paragraph 1, of the Convention and general recommendation
25, and to promote equal pay for work of equal value. The Committee
recommends that the State party continue to monitor the impact
of regulations on part-time work and on parental leave and increase
incentives, as necessary, so as to counteract the possible adverse
consequences of part-time work for women, especially in regard
to their pension and retirement benefits, and to encourage fathers
to make greater use of parental leave.
26. The Committee is concerned that the Convention has not received
the same degree of visibility and importance as regional legal
instruments, particularly European Union directives, and is therefore
not cited regularly as the legal basis for measures, including
legislation, for the elimination of discrimination against women
and the advancement of women in the State party.
27. The Committee urges the State party to place greater emphasis
on the Convention as a legally binding human rights instrument
in its efforts to achieve the goal of gender equality. It also
urges the State party to take proactive measures to enhance awareness
of the Convention, in particular among parliamentarians, the judiciary
and the legal profession at both the federal level and the level
of the Länder.
28. The Committee expresses concern that some aspects of the Federal
Government's reform policy "Agenda 2010" might have
a particularly negative impact on women.
29. The Committee recommends that the State party study and carefully
monitor the impact of its economic and social reforms on women
at all stages of planning, implementation and evaluation, so as
to introduce changes where necessary to counteract possible negative
effects.
30. The Committee is concerned about the situation of migrant
and minority women, including Sinti and Roma women, who suffer
from multiple forms of discrimination based on sex, ethnic or
religious background and race, and at the vulnerability of some
of these women to trafficking and sexual exploitation. The Committee
regrets the lack of specific information provided in the reports
with regard to their access to health, employment and education,
as well as various forms of violence committed against them and,
in particular, data and information about forced marriages. The
Committee is also concerned about the situation of some foreign
women domestic workers in the households of diplomats.
31. The Committee urges the State party to take effective measures
to eliminate discrimination against migrant and minority women,
both in society at large and within their communities, and to
respect and promote their human rights, through effective and
proactive measures, including awareness-raising programmes. The
Committee recommends that the State party continue to undertake
research on the situation of migrant and minority women and girls,
and to provide the Committee with adequate data and information
on their situation in the next periodic report, including in regard
to trafficking and sexual exploitation, as well as prevention
and rehabilitation measures targeted at these groups. The Committee
also recommends that the State party intensify efforts to protect
the human rights of foreign women domestic workers in diplomatic
households.
32. While appreciating that women's participation in political
life has exceeded the critical threshold of 30 per cent, the Committee
is concerned that women are underrepresented in the higher echelons
of several other sectors of public life, particularly in the civil
service, the diplomatic service, science and research and academia.
33. The Committee calls on the State party to take steps to facilitate
increased access of women to high-level positions. It recommends
the adoption of proactive measures to remove existing obstacles
and where necessary, to implement temporary special measures,
as provided for in article 4, paragraph 1, of the Convention.
34. The Committee expresses concern that some references to "temporary
special measures" in the report of the State party indicate
a lack of a clear understanding of article 4, paragraph 1, of
the Convention.
35. The Committee recommends that, in preparing its next report,
the State party take account of the Committee's general recommendation
25 on article 4, paragraph 1, of the Convention.
36. While acknowledging that the Act Regulating the Legal Situation
of Prostitutes aimed at the improvement of the legal and social
protection has come into force, the ommittee remains concerned
at the exploitation of prostitutes.
37. The Committee recommends that the State party monitor the
Act and rovide, in its next report, an assessment of its effects.
The Committee recommends the implementation of programmes that
offer a wide range of aternative means of earning a livelihood,
thereby discouraging women from entering into prostitution, as
well as rehabilitation programmes to help them. The Committee
also recommends the implementation of educational and information
programmes on the human rights issues involved in the exploitation
of prostitution.
38. While noting that numerous studies and surveys were commissioned
following the consideration of the combined second and third periodic
report and the fourth periodic report, the Committee expresses
concern that it has been provided with few results or outcomes
in time for its consideration of the fifth periodic report.
39. The Committee requests the State party to provide, in its
next report, Information in the results obtained from such studies
and surveys with regard to the impact of laws, policies, plans
and programmes aimed at achieving gender equality.
40. The Committee recommends that the State party consult with
women's non-governmental organizations during the preparation
of the next periodic report.
41. The Committee requests the State party to respond to the concerns
expressed in the present concluding comments in its next report,
due in 2006, under article 18 of the Convention.
42. 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 special session), the special
session of the General Assembly on children (the twenty-seventh
special session), the World Conference on 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 these documents
relating to relevant articles of the Convention in its next periodic
report.
43. The Committee requests the wide dissemination in Germany of
the present concluding comments in order to make the people of
Germany, 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 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 and the Beijing Declaration and Platform for Action,
as well as 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".
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