CEDAW/C/PAR/CC/3-5
15
February 2005
English
Original: Spanish/English
Committee
on the Elimination of Discrimination against Women
Thirty-second session
10-28 January 2005
Concluding
comments: Paraguay
1. The Committee
considered the combined third, fourth and fifth periodic reports
of Paraguay (CEDAW/PAR/3-4 and CEDAW/C/PAR/5 and Corr.1) at its
671st and 672nd meetings, held on 14 January 2005.
Introduction
by the State party
2. In introducing the
report, the representative of Paraguay described the main activities
undertaken by the current Government, which had assumed office
on 15 August 2003, and by the Women’s Bureau of the Office
of the President of the Republic and said that the Convention
was the legal framework for promoting civil and constitutional
reforms aimed at achieving equality between men and women.
3. The representative
described the progress that had been made in the field of legislation
since Paraguay’s ratification of the Convention and reported
that the Civil, Labour, Elections and Penal Codes had all been
amended to guarantee equality and non-discrimination for women
in their respective fields. She highlighted the promulgation of
Law 1600 on domestic violence and the adoption of the Childhood
and Adolescence Code and the Agrarian Act.
4. At the institutional
level, the Women’s Bureau had launched an institutional
modernization plan, thereby reaffirming its standard-setting,
political and strategic role and developing comprehensive policies
for the implementation of the Second National Plan for Equal Opportunities
for Men and Women for the period 2003 to 2007. The representative
drew attention to the establishment of the Gender and Social Equity
Committee of the House of Representatives and of the Equity, Gender
and Social Development Committee of the Senate, as well as to
the introduction of programmes to achieve equality between women
and men in various ministries and of comprehensive plans under
the national strategy to combat poverty and social exclusion.
5. The representative
informed the Committee of the progress that had been made towards
greater participation by women in politics and pointed to the
appointment of a woman to the Supreme Court of Justice of Paraguay
after 94 years and the presence of women at the highest levels
of various ministries. She also described the efforts being made
to promote the participation of women through an increase in the
quota of participation to 50 per cent.
6. The representative
informed the Committee of the measures that had been adopted to
prevent and punish domestic violence, such as programmes for the
dissemination and implementation of Law 1600 and for training
in the Law; continuation of the National Plan for the Prevention
and Punishment of Violence against Women and of the National Network
for Victims of Domestic Violence; the signing of an agreement
with the Programme of Assistance for the Rehabilitation of Violent
Males; and various other training programmes.
7. The representative
reported that a new National Sexual and Reproductive Health Plan
(2003-2008) had been launched in early 2003 that seeks to address
the main problems affecting women, such as death during pregnancy,
childbirth and the lying-in period. Under this Plan, a programme
known as “Safe childbirth” was launched that provides
free care to pregnant women and to children under the age of five
years. In order to prevent HIV/AIDS infection and to promote access
to contraceptive choices for women, women leaders signed the “Declaration
of Commitment” at the meeting on “Women Overcoming
HIV/AIDS”.
8. The representative
outlined the progress achieved under the National Programme for
Equality of Opportunities and Outcomes for Women in Education,
such as the mainstreaming of gender in the reform of curricula
and teaching materials and in the training of teachers. The representative
described the problem of sexual harassment of which schoolgirls
were the main victims as one of the challenges faced by the Ministry
of Education and Culture and informed the Committee of the measures
that had been taken to remedy the situation.
9. The representative
described the plans of the current Government to deal with the
problem of trafficking in persons, including the establishment
of an interinstitutional committee coordinated by the Ministry
of Foreign Affairs with the participation of civil society, bilateral
projects for the review of laws and legal loopholes, establishment
of a national network against trafficking in persons, and establishment
of a shelter to provide care for victims.
10. In conclusion,
the representative reiterated to the Committee her Government’s
commitment to the achievement of equality between men and women
and said that her delegation was ready to participate in a constructive
dialogue.
Concluding
comments of the Committee
Introduction
11. The Committee expresses
its appreciation to the State party for its combined third and
fourth periodic reports as well as its fifth report, while noting
that they did not fully comply with the Committee’s guidelines
for the preparation of periodic reports. The Committee also expresses
its appreciation to 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 further clarifications
provided in response to the questions posed orally by the Committee.
12. The Committee commends
the State party for its high-level delegation, which was headed
by the Minister in charge of the Women’s Bureau of the Office
of the President of the Republic, and also included officials
from the judiciary and the legislature. In this regard, the Committee
notes with appreciation the efforts of the State party to work
with different stakeholders on the promotion of gender equality
and the implementation of the Convention. The Committee appreciates
the constructive dialogue held between the delegation and the
members of the Committee.
Positive
aspects
13. The Committee commends
the State party on the revision and/or adoption of several laws,
including the revision of the Penal and Civil Codes and the Electoral
Law, as well as the adoption of law 1600 on domestic violence.
The Committee particularly welcomes the introduction of provisions
in the Labour Code to protect the rights of domestic workers in
the informal sector.
14. The Committee appreciates
the adoption of the Second National Plan for Equal Opportunities
for Women and Men (2003-2007), the Second National Sexual and
Reproductive Health Plan (2003-2008), the Equal Educational Opportunity
and Achievement Programme for Women and the Strategic Plan for
Educational Reform, which introduced bilingual education (Spanish/Guaraní)
from which rural women will benefit in particular.
15. The Committee welcomes
the efforts aimed at strengthening the national machinery for
the advancement of women, including the creation of the Commission
of Social Equity and Gender of the Chamber of the National Congress,
the Commission of Equity, Gender and Social Development of the
Chamber of the Senate and women’s bureaux in the various
ministries and municipalities of the country.
16. 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 May 2001.
Principal
areas of concern and recommendations
17. The Committee notes
the State party’s obligation with respect to the systematic
and continuing implementation of all the 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.
18. The Committee is
concerned that the State party has failed to take adequate steps
to implement the recommendations in regard to several concerns
raised in the Committee’s previous concluding comments adopted
in 1996 (A/51/38). In particular, the Committee finds that its
concerns about the low participation of women in decision-making
bodies and in political and public life (para. 129) and the high
illiteracy and dropout rates among women (para. 130) have been
insufficiently addressed.
19. The Committee reiterates
these concerns and recommendations and urges the State party to
proceed without delay with their implementation in the light of
the Committee’s general recommendations No. 23 on political
and public life and No. 25, on article 4, paragraph 1, on temporary
special measures.
20. The Committee
expresses concern that, while the Constitution recognizes equality
of women and men in its articles 47 and 48, a definition of discrimination
in accordance with article 1 of the Convention and prohibition
of such discrimination is lacking in the Constitution or in other
national legislation. The Committee is also concerned that, although
the Convention forms part of national legislation and may be invoked
before the courts, there are no cases in which this has actually
occurred. The Committee is furthermore concerned about the lack
of legal literacy programmes for women.
21. The Committee calls
upon the State party to take urgent steps to incorporate a definition
of discrimination against women as contained in article 1 of the
Convention into the Constitution or other national legislation.
It also requests the State party to take steps to ensure that
the provisions of the Convention can be effectively enforced within
the national legal framework. The Committee invites the State
party to take steps to enhance women’s awareness of their
rights so that they can claim all their rights.
22. The Committee notes
with concern that, although the Constitution refers to the principle
of equality, the term mostly used in plans and programmes is “equity”,
which the State party considers to be a compensatory means of
achieving equality.
23. The Committee urges
the State party to take note that the terms “equity”
and “equality” are not synonymous or interchangeable
and that the Convention is directed towards eliminating discrimination
against women and ensuring de jure and de facto equality between
women and men. The Committee therefore recommends that the State
party use the term “equality” henceforth.
24. While commending
the State party on the adoption of Act No. 1600 on domestic violence,
which provides protective measures to women and other members
of the household, in particular children and the elderly, the
Committee expresses concern that the penalty imposed on perpetrators
of such violence is only a fine. It is also concerned that provisions
contained in the Penal Code in relation to domestic violence and
sexual abuse inadequately penalize such acts.
25. The Committee
urges the State party to take a comprehensive approach to violence
against women and girls. To that end, the Committee urges the
State party to undertake, without delay, a revision of article
229 of Act No. 1600 on domestic violence and of articles 136 and
137 of the Penal Code to bring them in line with the Convention
and the Committee’s general recommendation 19, to effectively
combat all forms of violence against women, including physical,
psychological and economic violence, by ensuring that perpetrators
of such acts are prosecuted and punished and that women are effectively
protected against reprisals. The Committee calls upon the State
party to establish shelters and other services for victims of
violence. The Committee invites the State party to intensify its
efforts to increase awareness among public officials, especially
law enforcement officials, the judiciary, health-care providers
and social workers and to reinforce the notion that such violence
is socially and morally unacceptable and constitutes discrimination
against women and violates their human rights. The Committee encourages
the State party to enhance collaboration and coordination with
civil society organizations, in particular women’s associations,
to strengthen the implementation and monitoring of legislation
and programmes aimed at eliminating violence against women.
26. The Committee expresses
concern that the minimum legal age of marriage is 16 years for
both girls and boys and that such a low legal age of marriage
may prevent girls from continuing their education and lead them
to drop out of school early.
27. The Committee encourages
the State party to take measures towards raising the minimum legal
age of marriage for girls and boys with a view to bringing it
into line with article 1 of the Convention on the Rights of the
Child, which defines a child as anyone under the age of 18 years,
and with article 16, paragraph 2, of the Convention on the Elimination
of All Forms of Discrimination against Women.
28. While appreciating
the State party’s efforts to address the issue of trafficking
in women and girls, including the ratification of the United Nations
Convention against Transnational Organized Crime in 2003 and its
Protocol to Prevent, Suppress and Punish Trafficking in Persons,
Especially Women and Children, in 2004, and the Optional Protocol
to the Convention on the Rights of the Child on the sale of children,
child prostitution and child pornography in 2003, and the establishment
of an inter-agency board including representatives from the civil
society to combat trafficking, the Committee is concerned that
domestic legislation has not been put in place in line with those
instruments and that provisions on sexual exploitation and trafficking
of girls and boys are absent in the Childhood and Adolescence
Code. It also expresses concern about the lack of a comprehensive
plan to prevent and eliminate trafficking of women and to protect
victims as well as the lack of systematic data collection on this
phenomenon.
29. The Committee
recommends that the State party bring its domestic legislation
in line with the ratified international instruments and implement
and fully fund a national strategy to combat trafficking in women
and girls, which should include the prosecution and punishment
of offenders. The Committee also 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, educational initiatives and social support measures
and rehabilitation and reintegration measures for women and girls
who have been victims of trafficking.
30. While taking note
of the amendments of the Labour Code in regard to domestic workers,
the Committee remains concerned about the lack of enforcement
of the Code in the public and private sectors, the poor working
conditions for women in the informal sector, the low participation
of women in the formal labour market, persistent wage disparities
between women and men and discriminatory practices vis-à-vis
domestic workers, such as workdays of 12 hours and remuneration
below the minimum wage. The Committee is particularly concerned
about the high number of girls performing domestic work without
remuneration.
31. The Committee urges
the State party to put in place effective monitoring mechanisms
to ensure the enforcement of existing legislation, particularly
as it applies to domestic workers. It also urges the State party
to implement temporary special measures according to article 4,
paragraph 1, of the Convention and general recommendation 25 in
order to increase the number of women in the formal workforce.
The Committee requests the State party to address the issue of
girls performing domestic work by bringing its legislation and
policies in line with its obligations under International Labour
Organization conventions No. 138 and No. 182, concerning respectively
the minimum age of 14 years for admission to employment and the
elimination of the worst forms of child labour. It also encourages
the State party to implement awareness-raising campaigns through
the media and public education programmes on the situation of
girls performing domestic work. The Committee urges the State
party to address the underlying causes for the high incidence
of girls performing domestic work.
32. The Committee remains
concerned about the persistent high maternal mortality rates,
particularly deaths due to illegal abortions, the limited access
of women to health care and family planning programmes and the
apparently unmet need for contraceptives.
33. The Committee
reiterates the recommendation raised in its previous concluding
comments and urges the State party to act without delay and to
implement effective measures to deal with the high maternal mortality
rate, to prevent women from having to resort to unsafe abortions
and to protect them from the negative effects on their health,
in line with the Committee’s general recommendation No.
24 on access to health care and the Beijing Declaration and Platform
for Action. The Committee urges the Government to strengthen the
implementation of programmes and policies aimed at providing effective
access for women to health-care information and services, in particular
regarding reproductive health and affordable contraceptive methods,
with the aim of preventing clandestine abortions. It further recommends
holding a national consultation with civil society groups, including
women’s groups, to address the issue of abortion, which
is illegal under the current law and is a cause of women’s
high mortality rates.
34. The Committee remains
concerned about the situation of rural women, who continue to
have limited access to land ownership and to credit facilities
and extension services, thus perpetuating their low social and
economic conditions, notwithstanding the adoption of the Agrarian
Act. It is also concerned about the extensive use of fertilizers
and pesticides, which, when improperly used, are harmful to the
health of rural women and their families.
35. The Committee urges
the State party to address the rights, needs and concerns of rural
women through the effective implementation of the Agrarian Act
without delay and to implement vocational training programmes
for rural women to ensure equal opportunities and access to the
labour market. It further encourages the State party to ensure
the participation of rural women in the development of policies
aimed at benefiting rural areas and to enhance their access to
environmentally sound technologies that are not harmful to their
health.
36. The Committee is
concerned about the poor conditions of indigenous women, including
monolingual Guaraní women, reflected in their high illiteracy
rates, which surpass the national average, low school enrolment
rates, poor access to health care and significant levels of poverty
that lead them to migrate to urban centres where they are even
more vulnerable to suffer from multiple forms of discrimination.
37. The Committee urges
the State party to ensure that all policies and programmes explicitly
address the high illiteracy rates and the needs of indigenous
women, including monolingual Guaraní women, and to actively
seek their participation in the formulation and implementation
of sectoral policies and programmes. It recommends that the State
party strengthen its efforts to implement bilingual educational
programmes at all levels of education and to ensure indigenous
women’s access to education and health care. The Committee
also encourages the State party to adopt temporary special measures
in accordance with article 4, paragraph 1, of the convention and
the Committee’s general recommendation 25, on temporary
special measures, to accelerate such access for indigenous women.
The Committee recommends that the State party strengthen its programmes
of dissemination, education and training on the Convention and
its Optional Protocol for indigenous women, including monolingual
Guaraní women.
38. The Committee
urges the State party to establish a mechanism to monitor and
evaluate the implementation and impact of the current plans and
policies aimed at realizing equality for women and to take such
corrective
action as may be necessary if they are found to be inadequate
to achieve their intended goals. The Committee invites the State
party to include in its next report an evaluation, including statistics,
on the impact on women, including indigenous women, monolingual
Guaraní women and women from rural areas, of the actions,
measures, policies and studies undertaken to achieve de facto
equality between women and men.
39. The Committee requests
the State party to respond to the concerns expressed in the present
concluding comments in its sixth periodic report submitted under
article 18 of the Convention, which is due in May 2008.
40. 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 for the overall review and appraisal of 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 information on the implementation of aspects of those
documents relating to relevant articles of the Convention in its
next periodic report.
41. The Committee commends
the State party for having ratified the seven major international
human rights instruments. The Committee notes that States’
adherence to the seven major international human rights instruments,
namely the International Covenant on Economic, Social and Cultural
Rights, the International Covenant on Civil and Political Rights,
the International 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.
42. The Committee requests
the wide dissemination in Paraguay of the present concluding comments
in order to make the people of Paraguay, 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 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 outcome
of the twenty-third special session of the General Assembly, entitled
“Women 2000: gender equality, development and peace for
the twenty-first century”.
