Committee
on the Elimination of Discrimination against Women
Thirty-first session
6-23 July 2004
Concluding
comments: Latvia
(Advance Unedited Version)
1. The Committee
considered the combined initial, second and third periodic reports
of Latvia (CEDAW/C/LVA/1-3) at its 659th and 664th meetings, held
on 14 and 19 July 2004 (see CEDAW/C/SR.659 and 664).
Introduction
by the State party
2. In introducing
the combined initial, second and third periodic reports of Latvia,
the representative noted that Latvia had ratified numerous international
human rights instruments, including the Convention on the Elimination
of All Forms of Discrimination against Women which entered into
force in May 1992. Women’s rights were guaranteed through
constitutional and legislative provisions. The Government had
also taken steps to protect and promote gender equality in public
policy and at all levels of administration. Parliamentary, ministerial
and multidisciplinary bodies, councils and secretariats had
also been established, and various programmes and policies were
in place. Adoption by the Cabinet of Ministers of the Programme
for the Implementation of Gender Equality (2005-2006) was anticipated
in the near future.
3. The representative
noted that since 1991, a gradual shift had taken place in traditional
perceptions about gender stereotypes and equality. During recent
years, women had been increasingly using their constitutional
right to vote and to be elected. In the last legislative elections
in 2002, the number of women who stood as candidates increased
to 28.9 per cent of all candidates. Out of this number, 18 women
had been elected to the eighth Saeima which had a total of 100
seats, and subsequently a number of them had been elected to
chair commissions of the Saeima. The post of President of Latvia,
who was at the same time the Commander-in-Chief of the Armed
Forces, was also held by a woman. Women held a number of ministerial
posts within the Government, as well as the post of the Commissioner
to the European Union (EU), and the posts of ambassadors and
diplomats in the diplomatic service. The proportion of women
in the State Civil Service was 40 per cent.
4. The Labour
Law and Labour Protection Law protected women’s equal
right to work and safe working conditions and included the right
to equal remuneration for work of equal value. The Labour Law
also provided for the protection of pregnant women and working
mothers and guaranteed paid maternity leave. Individuals had
the right to seek remedies in court in cases where they believed
that these rights had been violated. In addition, a number of
other mechanisms, including the State Labour Inspectorate and
the Latvian National Human Rights Office, supervised compliance
with the provisions of the law.
5. Yet,
in 2002, women had received an av erage of 81.5 per cent of
men’s remuneration. The representative suggested that
this was due to the concentration of women in certain industries
characterized by lower remuneration.
6. The representative
also pointed to the growing concern about the gender - related
nature of poverty. As retirement benefits were dependent upon
and calculated proportionally to social insurance contributions,
women generally received lower pensions. Women, especially those
of pre -retirement age, were also at a greater risk of unemployment.
Women with small children had greater difficulties finding well-paid
jobs.
7. The quality
of and access to health care had improved in Latvia, yet the
available health-care services were not always satisfactory.
The Law on Sexual and Reproduct ive Health had been adopted
in 2002 and a number of national and community -based health
-care centres provided specific services related to reproductive
health care. A set of lectures for family doctors had been developed
to address the prevention of sexually transmitted diseases.
The representative stated that the rate of drug addiction and
the spread of HIV/AIDS were rapidly increasing in Latvia.
8. The representative
noted that Latvian law enforcement institutions had not always
paid sufficient attention to the manifestations of physical
violence inflicted on women in the family, nor had national
laws recognized work - or family –based psychological
violence. For a number of years, the Central Criminal Police
Board had been actively cooperating with the cris is centre
“Skalbes” through organizing educational and informative
seminars for State police officers. There had been an increase
in the number of female police officers, who had been trained
on skills for communications with victims of sexual abuse.
9. Sex tourism
and human trafficking had increased in Latvia. In 1992, Latvia
had ratified the Convention for the Suppression of the Traffic
in Persons and of the Exploitation of the Prostitution of Others,
and the Programme for the Prevention of Human Trafficking (2004-2008)
had been adopted by the Cabinet of Ministers. A series of additional
measures had been undertaken including victim rehabilitation
programmes and collaborative information seminars for potential
victims, training for law enforcement personnel and strengthened
international cooperation between law enforcement agencies.
10.
In concluding, the representative noted that in academic year
2002/03, 61.7 per cent of students enrolled in higher educational
institutions had been women. To implement th e Programme of Gender
Equality, the Ministry of Education and Science planned to develop
methodological and teaching materials and to organize continuing
education. Steps needed to be taken to eliminate gender stereotyping
in textbooks.
Concluding
comments of the Committee
Introduction
11. The
Committee commends the State party’s accession to the
Convention without reservations. It expresses its appreciation
to the State party for its combined initial, second and third
periodic reports, which, although long overdue, complied with
the Committee’s guidelines for the preparation of initial
reports.
12. The
Committee commends the State party on its delegation, made up
of representatives of different ministries with responsibility
for several areas of the Convention. It expresses appreciation
to the State party for the oral presentation, which added new
information on implementation of the Convention and placed the
report within a historical and political context, and for the
extensive written responses and further clarification to the
questions orally posed by the Committee.
13. The
Committee commends the State party for including in the Satversme
(Constitution), chapter 8 on Fundamental Human Rights (enacted
in October 1998), which stipulates that the State shall recognize
and protect fundamental human rights under the Constitution,
laws and international treaties to which Latvia is bound.
14. The
Committee welcomes progress in legislative reform, in particular
the Labour Law (1 June 2002) which prohibits direct and indirect
discrimination, and regulates job advertisements, job interviews
and issues of equal remuneration and liability for gender-based
discrimination, and the Law on Sexual and Reproductive Health
of the Population (1 July 2002), under which information on
family health and welfare and family planning is made available.
15.
The Committee notes with appreciation that, since 1999, a woman
has held the highest public office, that of President. It also
notes with appreciation that women parliamentarians chair the
Parliament (Saeima) Commissions on Human Rights and Public Affairs,
on the Implementation of the Citizenship Law and on Social and
Labour Affairs.
Principal
areas of concern and recommendations
16. The
Committee expresses concern that, while the Constitution includes
the prohibition of discrimination and the principle of equality,
neither the definition of “discrimination” in article
1 of the Convention nor the principle of the equality of men
and women as set forth in article 2 (a) of the Convention has
been included in the Constitution or other appropriate legislation.
17. The
Committee recommends that a definition of “discrimination
against women” in line with that set out in article 1
of the Convention and the principle of equality of men and women
in line with article 2 (a) of the Convention be included in
the Constitution or other appropriate domestic legislation,
including the new anti-discrimination law.
18. Although
international human rights treaties are directly applicable,
the Committee is concerned that neither women in general, nor
the judiciary o r law enforcement personnel in particular, are
sufficiently familiar with the Convention and the opportunities
for its application by domestic courts.
19. The
Committee calls upon the State party to take additional measures
to disseminate information about the Convention and implement
programmes for judges and lawyers that include the application
of the Convention at the domestic level. It also recommends
that sustained awareness-raising campaigns targeting women and
non-governmental organizations working on women’s issues
be undertaken to encourage and equip women to avail themselves
of procedures and remedies for violations of their rights under
the Convention.
20. The
Committee is concerned that the Department on Social Policy
Development at the Ministry of Welfare lacks sufficient power,
visibility and human and financial means to effectively coordinate
among the different mechanisms related to gender issues, including
the Working Party on the Coordination of Gender Equality, the
Gender Equality Council and the Parliamentary Subcommission
on Gender Equality. It is also concerned that the apparent weakness
of the national machinery for gender equality and the lack of
a clear division of responsibilities may have a negative impact
on efforts at gender mainstreaming and on the effective implementation
of the Convention.
21. The
Committee recommends that the State party strengthen its national
machinery for gender equality, clearly define the mandates and
the responsibilities of the different mechanisms related to
gender issues and the interaction among them, and allocate sufficient
budgetary resources to them so as to ensure that they can fully
and adequately perform all their functions.
22. The
Committee is concerned at the lack of a comprehensive gender
equality law. The Committee is furthermore concerned that the
State party’s apparent hesitation in utilizing temporary
special measures in accordance with article 4, paragraph 1,
of the Convention may indicate a lack of understanding of the
purpose of such measures and the reasons for their application.
23. The
Committee recommends that the State party adopt a comprehensive
gender equality law. It furthermore re commends that the State
party clearly distinguish between general social policies adopted
to improve the situation of women and girls, such as the Programme
for the Implementation of Gender Equality, and temporary special
measures taken under article 4, pa ragraph 1, of the Convention
to accelerate the achievement of a concrete goal for women of
de facto equality, in line with general recommendation 25, in
various areas of their lives.
24. The
Committee is concerned about the persistence of patriarchal
attitudes and traditional stereotypes regarding the role of
men and women in the family and in society at large. It is also
concerned that efforts to eradicate negative stereotypes are
not comprehensive and ongoing.
25. The
Committee recommends that the State party intensify its efforts,
inter alia, by strengthening specific programmes directed at
both women and men and at the media, to change stereotypic roles
and discriminatory attitudes and perceptions about the roles
and responsibilities of women and girls and men and boys in
the family and in society.
26. The
Committee regrets the lack of sufficient data and information
with regard to the prevalence of violence against women, including
domestic violence, and the lack of comprehensive legislation
on violence against women. It is concerned that this may indicate
that violence against women, particularly domestic violence,
continues to be considered a private matter between the perpetrator
and the victim. The Committee is concerned that marital rape
is not a separate offence in the criminal code and that there
are no available data on this form of domestic violence.
27. The
Committee urges the State party to strengthen its system of
data collection disaggregated by sex and information on the
nature and scope o f violence against women, including within
the family, and to include this information in its next periodic
report. In the light of its general recommendation 19, the Committee
urges the State party to place high priority on comprehensive
measures to address violence against women in the family and
in society, and to recognize that such violence, including domestic
violence, constitutes a violation of the human rights of women
under the Convention. The Committee calls upon the State party
to adopt legislati on on domestic violence and to ensure that
violence against women is prosecuted and punished. Women victims
of violence should have immediate means of redress and protection,
including protection or restraining orders and access to legal
aid. The Committee recommends that measures be taken to provide
sufficient numbers of shelters for women victims of violence
and to ensure that public officials, especially law enforcement
officials, the judiciary, health –care providers and social
workers, are fully sensiti zed to all forms of violence against
women and can adequately respond to them. The Committee urges
the State party to criminalize marital rape as a separate offence,
prosecute offenders and provide data on this form of domestic
violence in its next periodic report.
28. While
recognizing the legislative and other measures, including the
adoption of the National Action Plan to Combat Trafficking in
Persons of 2002, that have been taken to address the issue of
trafficking in women and girls, including the establishment
of a special police unit and the strengthening of international
cooperation and the promotion of awareness -raising events,
the Committee is concerned at the increase in trafficking in
women and girls. It regrets that insufficient information is
g iven as to the actual size of the problem.
29. The
Committee recommends the full implementation and funding of
a national strategy to combat trafficking in women and girls,
which should include the prosecution and punishment of offenders.
The Committee al so encourages the State party to pursue increased
international, regional and bilateral cooperation with other
countries of origin, transit and destination for trafficked
women and girls. It recommends that the State party address
the causes of trafficking and introduce measures aimed at improving
the economic situation of women so as to eliminate their vulnerability
to traffickers, education initiatives and social support, and
rehabilitation and reintegration measures for women and girls
who have been victims of trafficking, including special shelters
for women victims of trafficking. The Committee further urges
the State party to make the issue of trafficking in women and
girls a high priority and to include in its next report comprehensive
information and data on the issue and on the impact of measures
taken.
30. The
Committee is concerned about the lack of sufficient information
and data on prostitution in Latvia. Moreover, the Committee
is concerned about the involvement of under-age girls in prostitutio
n, and the high demand for under-age prostitutes, as well as
the reported insufficient rehabilitation and social integration
services available to them.
31. The
Committee calls on the State party to take all appropriate measures
to suppress exploitation of prostitution of women, including
discouraging the demand for prostitution. The Committee calls
upon the State party to ensure that under-age girl prostitutes
are offered the support they need to be rehabilitated and reintegrated
into society. The Committe e also urges the development of programmes
of action and the adoption of all appropriate measures to create
educational and employment opportunities for young girls at
risk of entering prostitution, and to combat and eradicate the
exploitation of these young girls, including the prosecution
of, and strong penalties for, those who exploit them.
32. While
welcoming the information that there has been a slight increase
of women elected to the eighth Saeima (Parliament), the Committee
is concerned that women’s representation in that body
is low. It is also concerned at the low representation of women
in decision -making bodies in political and public life in general.
33. The
Committee recommends that the State party utilize temporary
special measures in accordance with article 4, paragraph 1,
of the Convention to increase the number of women at decision-making
levels in both elected and appointed governmental bodies, and
towards that end, to establish clear timetables and targets.
It also recommends that the State party conduct, on a regular
basis, awareness-raising campaigns regarding the importance
of women’s participation in political decision-making.
34. The
Committee is concerned about the limited efforts of the State
party to involve women’s non -governmental organizations
in the preparation of the report. It is also concerned about
a lack of transparency guiding interaction between the State
party and non -governmental organizations as service providers,
inter alia, with respect to funding of such services.
35. The
Committee recommends that the State party engage in a broader
consultative process with women’s non-governmental organizations,
including organizations that represent minority women, when
preparing its next periodic report. It also recommends that
the State party develop widely accessible regulations on funding
of women’s non-governmental organizations as service providers,
and apply the regulations with transparency.
36. The
Committee is concerned about gender stereotyping in textbooks
and other teaching materials. The Committee also regrets that
insufficient data disaggregated by sex have been provided with
regard to the choices that both sexes make regarding vocational,
scientific and technical training and higher education.
37. The
Committee recommends that the State party strengthen its efforts
to eliminate gender stereotyping and encourage diversification
of the educational choices of boys and girls through counselling.
The Committee also requests that data disaggregated by sex with
regard to educational choices be provided in the next periodic
report.
38. The
Committee notes with concern that, despite law reform in the
field of employment, the position of women in the labour market
remains disadvantaged and is characterized by strong occupation
al segregation, a substantial wage gap, inter alia, between
rural and urban areas, higher unemployment than that among men,
and hidden gender discrimination in the workplace and in remuneration.
39. The
Committee recommends that efforts be made to elimina te occupational
segregation and to ensure equal opportunities for women and
men in the labour market in rural as well as in urban areas
through, inter alia, the use of gender bias -free job evaluation
and wage-setting schemes and temporary special measures in accordance
with article 4, paragraph 1, of the Convention. The Committee
recommends that the State party design and implement special
training and retraining programmes for different groups of unemployed
women. It also recommends that effective measures allowing for
the reconciliation of family and professional responsibilities
be strengthened and that the sharing of domestic and family
responsibilities between women and men be promoted. The Committee
further requests the State party to include data and information
on women in decision-making positions in both private and public
companies.
40. While
noting a steady decrease in the number of abortions, the Committee
is concerned that the abortion rate remains high.
41. The
Committee recommends that further measures be taken to guarantee
effective access of women to health -care information and services,
particularly regarding sexual and reproductive health, in order
to prevent recourse to abortion and protect women from its negative
health effects. It further recommends that programmes and policies
be adopted to increase the knowledge of and access to contraceptive
methods with the understanding that family planning is the responsibility
of both partners.
42. The
Committee is concerned at the spread of HIV/A IDS, the increase
in the infection rates of women and the absence of a strategic
national plan to address the issue of HIV/AIDS and how it affects
women.
43. The
Committee urges the State party to take comprehensive measures
to combat the spread of HIV/AIDS, to take strong preventive
measures and to ensure that women and girls infected with HIV/AIDS
are not discriminated against and are given appropriate assistance.
The Committee also recommends that sex education, particularly
targeting adolescents, be mad e widely available, with special
attention to the prevention and further control of HIV/AIDS.
44. The
Committee is concerned about the complete lack of information
in the report about the situation of minority women, particularly
from the Russian - speaking minority, and on that of older women.
45. The
Committee calls upon the State party to provide, in its next
periodic report, a comprehensive picture of the situation of
minority women, including data disaggregated by sex and nationality,
in the areas of he alth, education and employment and citizenship.
It also requests comprehensive information on older women’s
health and economic situation.
46. The
Committee urges the State party to sign and ratify or accede
to the Optional Protocol to the Convention and to deposit, as
soon as possible, its instrument of acceptance of the amendment
of article 20, paragraph 1, of the Convention on the meeting
time of the Committee.
47. 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 encourages
the State party to ensure the wide participation of all ministries,
public bodies and entities in the preparation of the report.
It further encourages the State party to involve the Parliament
in a discussion of the report before its submission to the Committee.
48. 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 (twenty-first special session), the
special session of the General Assembly on children (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 in its next periodic report information
on the implementation of aspects of those documents relating
to relevant articles of the Convention.
49. 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 Latvia 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.
50.
The Committee requests the wide dissemination in Latvia of the
present concluding comments in order to make the people, in particular
government officials and politicians, parliamentarians and women’s
non –governmental organizations, aware of the steps that
have been taken to ensure de jure and de facto equality of women,
as well as the further steps that are required in this regard.
The Committee requests the State party to disseminate widely,
in particular to women’s and human rights organizations,
the Convention, its Optional Protocol, the Committee’s general
recommendations, the Beijing Declaration and Platform for Action
and the outcome 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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