[women-rights] CEDAW 29th Session: Praise for Slovenia's legal framework

UNITED NATIONS
Press Release

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xxxxxxxxxxEXPERTS IN WOMEN'S ANTI-DISCRIMINATION COMMITTEE PRAISE
SLOVENIA'S LEGAL FRAMEWORK BUT STRESS NEED TO STRENGTHEN MECHANISMS
TO COUNTER INEQUALITYxxxxxxxxxx

Committee on Elimination of
Discrimination against Women
10 July 2003
620th & 621st Meetings (AM & PM)

Anticipating Slovenia's future membership in the European Union,
expert members of the Committee on the Elimination of Discrimination
against Women praised that country for creating a positive legal
framework for the advancement of women, while at the same time
cautioning against a reversal of achievements as a result of the
weakening of Slovenia's national machinery to empower women.
The Committee was considering Slovenia's second and third periodic
reports on compliance with the Convention on the Elimination of All
Forms of Discrimination against Women in two meetings today. Slovenia
became a signatory to the Convention in 1992 as a legal successor to
ratification of the Convention by the former Socialist Federal
Republic of Yugoslavia.

Following a difficult transitional period, experts agreed Slovenia
had made significant progress in advancing the situation of women, in
particular by enacting numerous laws. Noting an apparent
contradiction between the Government's commitment to the Convention
and its plan to "shrink" its national machinery, experts emphasized
that as a European Union State, Slovenia would have to strengthen its
national mechanisms to counter the discrimination women continued to
face.

Of particular concern was the recent dissolution of a parliamentary
working group devoted to the advancement of women and gender
equality. As most European Union countries had such parliamentary
committees, it seemed that the Government was marginalizing the
question of women. Asserting that some nations aspiring to European
Union membership placed great emphasis on obligations under the
Union, one expert noted that the Convention's scope was just as broad
as the Union's directives. In that regard, the Convention should not
be seen as "second class" among international obligations.
Experts also expressed concern that the Office for Equal
Opportunities, a small government office whose future status also
appeared uncertain, was not equipped to handle the huge
responsibility of coordinating the Government's gender policies.
While Slovenia's enactment of laws such as the Equal Opportunities
Act was laudable, experts questioned whether the Office would be able
to cope with the added burden of monitoring the implementation of
such legislation. Experts also asked about the appointment of a
government official as "Special Advocate" for human rights issues.
The creation of an independent ombudsperson to receive complaints of
gender-based discrimination would have been a breakthrough for an
Eastern European country, one expert noted.

At the outset of the meeting, experts welcomed the announcement that
Slovenia intended to ratify the Optional Protocol in the near future.
[The Optional Protocol entitles the Committee to consider petitions
from individuals or groups of women who have exhausted national
remedies and to conduct inquiries into grave or systematic violations
of the Convention.] Experts also welcomed Slovenia's intention to
adopt the amendment to article 20 of the Convention, on the
Committee's meeting times.

Responding to expert's questions, Violeta Neubauer, Coordinator for
International Cooperation, Office for Equal Opportunities of
Slovenia, said the Office's future situation remained unclear, as a
reorganization of government structures was currently under way. Most
of the country's gender-equality structures had been established in
response to the demands of civil society, including women's
associations. Slovene women were active in gender equality matters,
and it would be a logical solution to raise the status of the Office
to the ministerial level during the ongoing government reform.
Another option was to place the Office under the Office of the Prime
Minister, which it had been in 1992 when it was first established.
Among the other issues raised today was the need for specific
legislation to address violence against women; multiple forms of
discrimination suffered by minority women, in particular Roma women;
the breakdown of marriage and the large number of children born out
of wedlock; and high maternal mortality rates.

Also participating in Slovenia's presentation were: Mira Olup Umek,
Director-General, Office for Equal Opportunities; Tanja Salecl,
Deputy Director, Office for Equal Opportunities; Mihaela Logar, State
Under-Secretary, Ministry of Agriculture, Forestry and Food; and
Irena Kirar Fazarinc, National Coordinator for Women's Reproductive
Preventive Programmes and WHO National Coordinator for Women's
Health, Institute for Public Health.

The Committee will meet again tomorrow, 11 July, at 10 a.m. to
consider the situation of women in Ecuador.


Background

According to Slovenia's second and third periodic reports (documents
CEDAW/C/SVN/2 and CEDAW/C/SVN/3), the country became a signatory to
the Convention on the Elimination of All Forms of Discrimination
against Women in 1992 as a legal successor to the ratification of the
Convention by the former Socialist Federal Republic of Yugoslavia.
After Slovenia's initial report was presented to the Committee on the
Elimination of Discrimination against Women in 1997, the experts'
comments were forwarded to the Government, which charged all
competent ministries and institutions with the task of incorporating
the provisions of the Convention in their policies and programmes.
The country's national gender equality machinery includes the Women's
Policy Office and the Equal Opportunities Policy Commission at the
National Assembly.

 From the point of view of elimination of discrimination against
women, the Equal Opportunities Act of June 2002 represents major
progress, the latest report states. It not only defines gender-based
discrimination, but also identifies various measures for the
elimination of both direct and indirect forms of discrimination in
all spheres. With the Act, Slovenia has also introduced a special
advocate for equal opportunities, who would deal with individual
cases of alleged unequal treatment of men and women and provide a
written opinion on the matter.
Also important for gender equality are acts on Employment
Relationships and Parental Care and Family Income. The report
concludes that the country's new legislation means that "women and
men participate equally in all fields of public and private life,
have equal status and equal opportunities to enjoy all rights and to
develop personal potentials ... as well as the right to equal benefit
from the results that development brings".

Among efforts to eliminate prejudices and stereotypes, the reports
list education on matters of gender equality as an integral part of
the education system. Equal gender treatment is being practised in
preparation, adoption and implementation of programmes related to
public education and vocational training, in the approval of
textbooks and teaching aids, and in introducing new teaching methods.
In the field of education itself, the number of women is markedly
higher at university level, mostly at departments devoted to health,
social studies and teaching. There is also a higher share of female
students at the faculties of economics, social sciences, pharmacy and
medicine. The smallest number of girls is enrolled at the faculties
of engineering, electrical engineering, computer sciences and
informatics.

Under the law, marriage is based on the equality of spouses, and
parents have the right and the obligation to bring up their children.
Recently, fathers were granted a non-transferable right to paternity
leave of up to 90 days. Despite such provisions, however, a
traditional division of roles is still present in Slovenia, and the
division of work between partners or parents in the family is
"explicitly unfavourable", with women doing far more work than men.
In 2003, the Government is planning to introduce a campaign to
promote the paternity leave, to encourage as many fathers as possible
to take advantage of it.

The Government further reports that violence against women is still a
pressing problem. Under the country's criminal code, the offence of
violence is punishable by a sentence of up to two years in prison. If
the offence was committed by two or more persons, the sentence of
three years can be imposed. According to the Ministry of Internal
Affairs, from 1989 to 1999, some 12,000 crimes and 80,000 violations
with elements of violence were committed in the family, and in more
than 60 per cent, the victims were women. In less than half of the
cases did the victim herself report the violence.

Operating in the country are shelters, homes for mothers and related
organizations for women and children who become victims of violence,
most of them managed by non-governmental organizations. In 2001,
within the framework of the Ministry of Labour, Family and Social
Affairs, an expert council for problems of violence against women was
established as an advisory body. It has already proposed some changes
to the Penal Code, including the proposal that violence in the family
be defined as a specific crime.

While the share of women in political life is slowly rising, the
total percentage of women elected to the National Assembly and the
National Council is about 13 per cent. The representation of women is
also low in the Government, which has three female ministers
following the 2000 elections. Women are a minority in leading
positions in most fields of public life. The share of female judges
is higher than that of male judges, however, with 66 per cent of all
judges being women. In response to this situation, a Coalition for
Establishing a Balanced Representation of Women and Men in Public
Life has emerged in the country, which unites individuals from
non-governmental and governmental organizations, civil society,
political parties and women's groups.
Introduction of Reports

Introducing the country's delegation, ROMAN KIRN (Slovenia) informed
the Committee that the country's consideration of the Optional
Protocol to the Convention had resulted in the clear consensus on the
need to ratify that instrument, and the process of ratification was
now under way. The country was also expected to adopt an amendment to
article 20 of the Convention.
Presenting Slovenia's reports, MIRA OLUP UMEK, Director of the
Governmental Office for Equal Opportunities, said that without legal
measures against gender discrimination, it would be impossible to
raise awareness of the need for justice and promoting the abilities
of both women and men. The substantive provisions of the Convention
and the right to petition under it, which had been introduced by the
adoption of the Optional Protocol, clearly reflected the idea that
despite all the efforts of the human rights conventions, strong
social and cultural stereotypical gender roles still prevailed.
Certain changes, which had occurred in the 1997-2002 reporting
period, had been encouraged by the concluding comments of the
Committee and were reflected in the country's reports, she continued.
Along with those comments, the Convention itself, outcomes of the
Fourth World Conference on Women, the Beijing + 5 special session of
the General Assembly and the Optional Protocol influenced the
formulation of the country's policies, programmes and measures and
were used to challenge the existing division of labour, power and
responsibilities according to gender.

Continuing the introduction, TANJA SALECL, Acting Director of
Slovenia's Office of the Government for Equal Opportunities,
characterized the situation in the country and outlined the main
achievements for the advancement of women there. She said that
Slovenia's population of 2 million was ageing. Fertility was falling,
and the average age of mothers at first childbirth continued to rise,
as did the average age of brides and grooms. The number of marriages
and divorces had slightly risen in comparison with 1997, and life
expectancy was also rising. The economic situation was characterized
by microeconomic stability and an established open and stable market
economy.

Public and political life remained a male-dominated area, she said.
At the latest national elections in 2000, women got the same number
of seats in the National Assembly as in 1993: 12 women (13.3 per
cent) had been elected out of 90 members of parliament. Following the
latest changes in the Government in December 2002, there were three
women ministers, which gave them 18.7 per cent of executive
positions. Women were even more underrepresented at the local level.
Currently, only 11 municipalities out of 193 were headed by women
mayors, and only 13 per cent of women were elected to municipal
councils. The principle of gender-balanced participation was only
realized in the Constitutional Court, which consisted of nine judges.
Four women had been elected as judges in 2002, and one of them held
the position of President of the Constitutional Court.
Regarding Slovenia's national machinery for the advancement of women,
she said that, following the national elections of 2000, the
parliamentary working body responsible for the advancement of women
and gender equality had not been re-established. Despite the loss of
that institution, it was appropriate to report that in 2002, the
National Assembly had adopted a special provision that guaranteed
non-sexist use of language in legislation. On a symbolic level, that
was an important achievement.

She went on to say that the government body responsible for the
advancement of women and gender equality had also been affected by
changes in its style of functioning, mandate, agendas and programmes,
which were aimed at strengthening that body. The Women's Policy
Office had been renamed the Office for Equal Opportunities. A
particularly important change had been a new task to consider
proposed acts and measures from the gender equality perspective and
issue opinions on them prior to their adoption by the Government.
Also added had been the task of representing the Government in
international and regional organizations. The role of the Office for
Equal Opportunities had been further strengthened by the adoption of
the Act on Equal Opportunities for Women and Men.
Turning to violence against women, she said that along with
trafficking in women and children for sexual exploitation, that issue
had received special attention in recent years. It had been discussed
at national meetings, seminars and conferences, and campaigns for
zero-tolerance of violence against women had been more effective than
in the past. Measures had been taken to train educators in that
respect. This year, a special commission to prevent violence in
schools had been established under the auspices of the Ministry of
Education, Science and Sports with the aim of developing a strategic
document to address that area.

New legislation was being considered to address trafficking in human
beings, she continued. The draft would incorporate the definition
contained in the Protocol to the Convention against Transnational
Organized Crime to prevent, suppress and punish trafficking in
persons, especially women and children. In relation to prostitution,
under the amendment to the Act on Breaches of Public Order and Peace,
submitting oneself to prostitution was no longer defined as a
misdemeanour, and prostitutes would not be punished by up to two
months in prison anymore.

On education, she said that the main target of the curriculum reform
was creation of equal educational opportunities for both sexes. In
drafting the new curricula, a commission established for that purpose
incorporated the topics relating to the differences between women and
men in the subject area and drafted suitable recommendations for new
textbooks and teaching materials. In Slovenia, women prevailed among
teachers at primary and secondary schools. The proportion of female
students at secondary schools and higher education institutions was
higher than the share of men. Women also predominated among those who
had completed master's degrees, and the gender gap was nearly closed
at the level of doctoral studies. Several measures had been
implemented to ensure access to schools for rural children.
The adoption of the new Employment Relations Act this year was a
major achievement in the area of employment, she said. It prohibited
direct and indirect discrimination, placing the burden of proof in
cases concerning gender discrimination on the employer and making the
employer liable to the candidate or worker for damages. A new act on
parental care and family income was seen as an important contribution
to the efforts to facilitate combining parenthood and paid
employment. A real innovation introduced by that act was an
introduction of an individual, non-transferable right to paternity
leave for fathers.

Regarding women's health, she said that the new guidelines for
preventive reproductive health programmes had been introduced in
2002. A cervical cancer-screening programme was now offered to women
between the ages of 20 to 64. The country was observing an increase
in the use of contraceptive pills, and a corresponding decrease in
the use of intrauterine devices. The number of requests for female
sterilization was increasing, but at the same time, a number of
requests for male sterilizations had declined. There was also a
decreased number of abortions. The country's new legislation on
infertility treatment and procedures for biomedically assisted
procreation provided the right to fertilization procedures only to
women who lived in wedlock or in an extra-marital partnership, but
denied such a right to single women.


Expert's Comments and Questions

As the Committee began its article-by-article consideration of
Slovenia's compliance with the Convention, many experts expressed
concern at the dissolution of the parliamentary working group on
gender-equality issues. Experts requested clarification on the
matter, saying it was not clear whether that committee would be
abolished or restructured. In any case, experts expressed
disappointment with the discontinuation of the parliamentary working
group, as its role in coordinating the work of the various government
ministries on gender issues would create a vacuum in the Government's
national machinery.

Given the difficulties faced by Slovenia in the last decade, many
experts noted significant progress in the country since the
Committee's last consideration of the situation of women there.
Experts also praised the country for meeting its reporting
obligations. At a time when Slovenia hoped to become a member of the
European Union, experts noted that while many laws had been enacted
to eliminate discrimination against women, creating de jure equality,
in practical terms, discrimination remained a daily reality for
Slovene women.

Committee Chairperson and expert from Turkey, AYSE FERIDE ACAR,
thanked the delegation for the presentation of the report. The
Committee appreciated the presence of Slovenia's large delegation,
which was a sign of the importance the Government attached to the
Convention in Slovenia. She was particularly pleased to hear the
"good news" regarding the Optional Protocol and the expectation that
the ratification process would soon be completed. The Optional
Protocol was an additional instrument to ensure effective
implementation of the Convention's provisions. The Committee was also
pleased with the Government's intention to adopt the amendment to
article 20 of the Convention.

HANNA BEATE SCHO"PP-SCHILLING, expert from Germany, said she was
impressed by Slovenia's efforts in the last decade, particularly in
light of the difficult transition period the country had faced. The
Equal Opportunities Act and its provisions for special temporary
measures were particularly intriguing. She was, however, concerned
about the discrepancy between legal efforts and implementation. While
she appreciated the difficulty Slovenia faced as it moved from a
context where discrimination had not "officially" existed, to a time
when new legislation had to be enacted, she wanted to see more
impact.

On temporary measures, she asked what "economic operators" meant.
Were temporary special measures to be adopted voluntarily, and if so,
how would the Government encourage such measures? She also asked for
clarification on plans to amend the Constitution. Would the
constitutional amendment support the Act of Equal Opportunities? On
the dissolution of the gender parliamentary working body, what
mechanisms had been established in the parliament to monitor the
implementation of gender-related laws? Was the number of staff in the
Office for Equal Opportunities sufficient for a thorough job of
gender proofing?

KRISZTINA MORVAI, expert from Hungary, said she was disappointed that
it appeared that the Office for Equal Opportunities would soon be
abolished. Had that already been decided? The new Act provided many
new procedures for the Office of Equal Opportunities. How seriously
could the Committee take the enforcement of the provisions of the new
Act if, so soon after its adoption, the main body meant to enforce it
would be "restructured" or abolished? Were there indicators on the
impact of the Office's work, and were there special structures for
the Office's cooperation with non-governmental organizations? She
also asked if there were cases before the Courts concerning
discrimination against women referring to the Convention.

MARIA REGINA TAVARES DA SILVA, expert from Portugal, said that, in
most cases when countries presented two reports, they looked alike.
Slovenia's reports, however, looked very different, which was a good
indication of progress. She saw a coherent, albeit slow, evolution in
Slovenia. She appreciated the integrated and coherent approach
presented in the reports.
Regarding national mechanisms, she echoed the disappointment of the
other experts regarding the dissolution of the parliamentary
committee. Given the careful steps for gender mainstreaming at all
levels of Government, it would appear that the Office for Equal
Opportunities, a very small office, had a very huge responsibility.
How did such a small office cope with such responsibility? Did it
have sufficient political power to carry out its role? That
responsibility was further increased by the enactment of the Equal
Opportunities Act, which required great amounts of coordination. She
also expressed concern with the integration of the Office within a
sectoral area, thereby, reducing its prominence and mission.

SALMA KHAN, expert from Bangladesh, asked about the proposed
constitutional amendment and the plan to dissolve the parliamentary
working body.

FRANC,OISE GASPARD, expert from France, noted a certain imbalance
between the second and third reports. Looking at the evolution of the
situation of women in Slovenia, it appeared that there had been a
brilliant period of time, in which Slovenia had adopted a series of
positive laws. Currently, however, that trend seemed to have ended.
At a time when Slovenia hoped to become a member of the European
Union, and given the fact that most European Union States had
parliamentary committees, it was a pity that the question of women
had been marginalized. The Equal Opportunity Office, despite its
weakness in terms of resources, seemed to have played an important
role. It would be a pity if a restructuring exercise removed its
autonomy.

She also questioned the role of the media in eliminating stereotypes.
Was the media aware of the role it played in improving the image of
women in society? There seemed to be a slowing down in efforts to
eliminate stereotypes.

DUBRAVKA ŠIMONOVIC, expert from Croatia, said it seemed that,
while Slovenia had achieved de jure equality in terms of the adoption
of laws in compliance with the Convention, de facto discrimination
persisted, particularly regarding women in political life. When the
Committee had last examined the situation in Slovenia, it had
recommended the establishment of an ombudsperson for gender equality.
Why had Slovenia decided to appoint an advocate, rather than an
ombudsperson for women's issues?

FATIMA KWAKU, expert from Nigeria, asked if the office of the human
rights ombudsperson still existed, or if it had been taken over by
the special advocate for equal opportunities. Had there been domestic
cases in which the Convention had been cited in the courts? Were
private sector organizations aware of temporary special measures
available to them? She also expressed concern about the breakdown of
the marriage institution, in particular the fact that one third of
children were born out of wedlock. Were there laws to protect the
rights of those children? Did unmarried couples have protection under
the law?

PRAMILA PATTEN, expert from Mauritius, asked if the Equal
Opportunities Act would be amended before or after the restructuring
of the national machinery. On the role of the special advocate, had
that person been appointed?

VICTORIA POPESCU SANDRU, expert from Romania, expressed appreciation
for the delegation's frank description of the problems facing women
in Slovenia. The country had passed through transition and
experienced various difficulties, and, while much had been done in
the de jure dimension in the fight against discrimination, much still
remained at the level of intention.
She expressed concern about the decision to appoint a government
official as special advocate. If that happened, the special advocate
would lack the independent character required for such a position.
The appointment of an independent person would have been a
breakthrough for Central and Eastern European countries.
She was also concerned with the multiple forms of discrimination
facing minority women, specifically Roma women. The Roma, which
comprised some 1.17 per cent of the population, was comparable to the
Italian population in Slovenia. While the Italian population was
considered a minority under the constitution, that status was not
afforded to the Roma population. She was afraid that Roma women could
suffer multiple forms of discrimination, especially in the areas of
education and employment.

CORNELIS FLINTERMAN, expert from the Netherlands, agreed that
Slovenia's anticipated ratification of the Optional Protocol was good
news. Regarding the special advocate, it seemed that person might
only make recommendations. Was it possible for the special advocate
to bring his recommendations to an independent court of law? He also
shared the concern about the high percentage of children born out of
wedlock -- more than 6,000 children each year. What happened to the
fathers of those children? What were their financial
responsibilities, and what actions would the Government take on that
issue?

HUGUETTE BOKPE GNANCADJA, expert from Benin, expressed concern with
certain legislative gaps, including a lack of legislation for
domestic legislation. Without specific legislation, women would have
no recourse to the Penal Code. The provisions of the law on violence
were vague and insufficient. She asked the Government to consider
shortcomings in the law when considering the formulation of laws.

HEISOO SHIN, expert from the Republic of Korea, said there was a
contradiction between the Government's commitment to abide by the
Convention and the upcoming "shrinking" of the national machinery.
She hoped the Government would use today's dialogue in persuading the
Government to keep and strengthen the mechanism. Noting a lack of
data disaggregated by sex on violence against women, she said the
Committee required more in-depth statistics on violence against
women, including domestic violence and trafficking.
Addressing the issue of the Government's relationships with
non-governmental organizations, both in terms of report writing and
everyday relations, she said the Committee encouraged participation
with civil society so that women could learn about their human rights
under the Convention. Although the Committee encouraged vibrant
civil-society activities in furthering gender equality, that did not
mean that the Government could relegate its job to non-governmental
organizations. The Government had the primary responsibility for
ensuring compliance with the Convention.

ROSARIO MANALO, expert from the Philippines, said that any European
State wishing to become a member of the European Union must be a
participatory democratic State. The elimination of the parliamentary
working body on gender equality was a regression. That step could be
a black mark in efforts to be a European Union member. Did the
Government have a plan for accessing the many benefits available to
it as a European Union State?
Country Response
Members of Slovenia's delegation then responded to experts'
questions, which, they said, were an important tool in formulating
the country's policies and programmes.
The delegation consisted of Ms. Umek; Ms. Salecl; Mihaela Logar,
State Under-Secretary, Ministry of Agriculture, Forestry and Food;
Irena Kirar Fazarinc, National Coordinator for Women's Reproductive
Preventive Programmes and WHO National Coordinator for Women's
Health, Institute for Public Health; and Violeta Neubauer,
Coordinator for International Cooperation, Governmental Office for
Equal Opportunities. Also participating in the work of the Committee
were Slovenia's Permanent Representative to the United Nations Roman
Kirn, and Eva Tomic and Andrej Medica from the country's Mission.
In response to the experts' concern about discrepancies between the
legal provisions promulgated in Slovenia and their implementation,

VIOLETA NEUBAUER said that the Government was very aware of the
situation. However, translation of legal norms into practice was a
slow step-by-step process, which often required more significant
support than adoption of the legislation. More efficient working
methods and cooperation among various players were needed.
While the Office for Gender Equality had the task of considering
proposed acts and measures from the gender perspective and issuing
its opinions prior to action by the Government, the future situation
of the Office was not clear, as a reorganization of government
structures was now under way. Among the options being considered was
a proposal to place the Office under the structure of the Ministry of
Labour, Family and Social Affairs. That might affect its mandate and
powers to influence the policy development process and exert proper
impact on decision-making.

She said that in carrying out its duties, the Gender Equality Office
was often confronted with a situation when it received certain
government proposals "at the last minute". Representatives of the
Office monitored all the government procedures, however, and several
times it had been quite effective in countering certain initiatives.
The opinions of the Office needed to be translated into political
language to persuade Ministers, and very concrete information on the
Government's priorities and goals was needed. In some cases, the
Office lacked the tools it needed in that respect. While the formal
position of the Office was quite high, its human resource limitations
remained a serious problem.
The results of the work of Ministry coordinators for equal
opportunities had been very satisfying so far, she said. A survey had
been prepared on all the research work ordered by various Ministries,
and the gender perspective was being integrated into its analysis.
The Office had created a good database in that regard, which would be
used to draft its proposals in the future. It was also collaborating
with non-governmental organizations that had been invited to provide
their opinions regarding the role and functioning of Government
gender equality structures, among other things.

Regarding non-governmental organizations' participation in the
preparation of the country's reports, members of the delegation
explained that some 50 civil society organizations had been invited
to present their contributions to the country's second report. The
Government had offered to translate their communications and submit
them as an appendix to the national report. Unfortunately, very few
organizations and women's groups had replied, which meant that the
attempt to include their contributions remained unrealized. In
drafting the third report, it had been decided to simplify the
procedure. In the future, the Office was planning to increase its
contacts with non-governmental organizations.
Not a single case had been submitted to Slovenia's courts in
connection with gender discrimination, she continued. In that
connection, the Ministry of Justice had presented its opinion that
because concrete legal norms had been developed only recently, more
men and women would take advantage of them in the future. The
population needed to be made aware of the new legislation relating to
equal opportunities and to receive advice on possible approaches to
ensure their rights. The Office had recently published a brochure on
that matter. An anonymous telephone number had been introduced in
Slovenia some five years ago, which had received a significant number
of inquiries regarding gender discrimination and human rights.
When drafting an Equal Opportunities Act, the Office had envisioned
setting up a position of ombudsman on gender equality to ensure an
independent complaint procedure. Currently, there was a parliamentary
ombudsman on human rights, who was not in favour of having one of his
deputies handle gender issues, and the Government did not want to
establish a second ombudsman post. Instead, a decision was made to
appoint an advocate for gender equality, and the legal expert within
her Office was already receiving complaints from citizens. Those who
wanted to submit complaints to the courts, however, needed to follow
the established legal procedures.

Regarding the high number of children born out of wedlock, she said
that Slovenia gave absolutely equal rights to such children. Single
parents also had the same rights as married couples.
She also mentioned that the country was observing more awareness on
behalf of the media regarding the role it needed to play in promoting
the advancement of women and overcoming gender stereotypes.
Women belonging to certain minorities and ethnic groups did, indeed,
face discrimination, she said, despite the fact that they enjoyed the
same constitutional protection. Regarding the situation of the Roma
people, she said they were defined as a minority, along with several
other ethnic groups. Several months ago, the Government had launched
a project aimed at strengthening the understanding of gender equality
by Roma women through a series of seminars. Other activities were
also planned in the future.

Regarding the "lightness" of the country's Penal Code in relation to
violence against women, she said that by themselves, the penalties
could not properly eliminate the acts in violation of human rights.
It was important to undertake preventive measures, as well.
Slovenia was participating in regional efforts to counter the
trafficking in women. In view of the country's anticipated joining of
the European Union, it also needed to incorporate anti-trafficking
measures into its legislation. There was a strong commitment by the
Government to fight against that crime, and she believed that
amendments to the Penal Code regarding trafficking in women and
children would be adopted very soon. Three weeks ago, a
non-governmental organization dealing with women victims of
trafficking had started preparations for opening a safe house for
female victims of trafficking. Proper training had been provided to
the personnel involved in that project.


Experts' Questions

Ms. ŠIMONOVIC, expert from Croatia, noted that while the number
of women had increased in the judiciary, the number of women in
national parliaments and the Government had decreased. In that
regard, she asked for more information on women's participation in
political and governing bodies.

Ms. MORVAI, expert from Hungary, said she had the impression that the
Office for Equal Opportunities was not an integral part of the
Government. The State, not the Office, was responsible for enforcing
the Convention. Did the Office for Equal Opportunities have new
responsibilities since its name had changed? There was a tendency for
Central and Eastern European States to focus too much on European
Union obligations. The Convention's scope was at least as big as the
Union's directives. The Convention should not be seen as "second
class" among international obligations.

Ms. GASPARD, expert from France, asked about Slovenia's National
Council including whether there had been discussion on the low
participation of women in that Council.

Ms. POPESCU SANDRU, expert from Romania, noted that political parties
were supposed to adopt action plans. Was the Government using quotas
for enhancing political representation? How did the public view
quotas or other temporary special measures to enhance women's
empowerment?

MERIEM BELMIHOUB-ZERDANI, expert from Algeria, asked about the place
of the Convention within the Slovene legal system. If the
Constitution was the only depository for human rights, what was the
position of the Convention within the pyramid of Slovenia's legal
texts? Was the Convention above the Constitution? Regarding political
parties, did parties receive State subsidies? Did all parties receive
the same subsidies, or were subsidies based on election results? She
suggested imposing fines on parties that did not make efforts to
achieve parity both in terms of representation and efforts to help
women reach positions of power in the legislative branch.

FUMIKO SAIGA, expert from Japan, asked if any political parties had
submitted action plans since the enactment of the Equal Opportunities
Law. She also questioned why a proposed amendment to the constitution
had not yet been discussed. What was the status of the draft
amendment?

Ms. TAVARES DA SILVA, expert from Portugal, asked about Slovenia's
electoral law and the rationale for restructuring of the Office for
Equal Opportunities.


Country Response

Responding to the comment that the Office for Equal Opportunities did
not produce an impression of a government entity, Ms. NEUBAUER said
that most of the country's gender-equality structures had been
established in response to demands of civil society, including
women's associations. Thus, on the one hand, they had to be
accountable to the Government and on the other -– to civil
society. Women in Slovenia were very active in gender-equality
matters, and it would be a logical solution to raise the status of
the Office to the ministerial level during the ongoing government
reform. Actually, that was one of the options under consideration.
Or, like in 1992 when it was first established, the Office could
become subordinate to the Office of the Prime Minister. Recent
renaming of the Office did not mean that it had expanded its duties
and scope of expertise.

A low percentage of women, elected to the National Council following
the most recent elections, had been discussed in Slovenia, she
continued. At the same time, underrepresentation of women was one of
the matters that were "constantly discussed" in the country. Quotas
were not very popular in Slovenia, and a while ago, the Office had
been even afraid to mention them, as quotas had been widely used
under the old system. It was difficult to make the people love the
principle of gender equality, and it was true that in some cases,
legal provisions establishing a mandatory number of women to be
elected could act as a sort of "stick" to promote women's
participation.

Regarding a proposed amendment to the Constitution that would
authorize positive temporary measures for the advancement of women,
she said that it was part of a broader constitutional reform.
Currently, more than 20 constitutional amendments were being
considered by the Parliament. The country's Constitution was a young
one, and proper discussion was needed to decide which changes were to
be adopted. To pass, constitutional amendments required not a simple,
but a two-thirds majority of votes. So far, only those amendments
that were needed to join the European Union had been adopted. The
amendment in question enjoyed significant support, and the President
of the Parliament had promised that it would be included on the
Parliament's agenda in September.


Experts' Comments and Questions

Ms. KHAN, expert from Bangladesh, said she was impressed that
compared to other countries, Slovene women were well represented in
the public sector, including in senior administrative positions. At
the same time, however, she was disappointed that few women held
senior public sector decision-making positions. Why were women not
well represented in higher decision-making positions? Noting a trend
in the labour market to recruit younger workers on a short-term
basis, she asked how Slovenia was making use of the Employment
Relations Act to help older women find employment.

Regarding older women in rural areas, Ms. SCHO"PP-SCHILLING, expert
from Germany, said it seemed that many older women in rural areas
lived on small subsistence farms and had no access to health care or
insurance. In that regard, she asked for more detailed information on
older women in general.

Ms. MORVAI, expert from Hungary, congratulated Slovenia for its
women's representation in education. However, women continued to
focus on traditional areas of study. Regarding women in the labour
market, she asked if women were provided with legal aid in employment
issues. On women's health, she noted high maternal mortality rates.
While abortion rates were increasing, the number was still very high.

Ms. KWAKU, expert from Nigeria, also noted alarming maternal
mortality rates. In that regard, she requested that the next report
contain more information on the issue.

Ms. GASPARD, expert from France, noted that the third report had not
provided updated statistics on women in higher education as leaders
and head teachers at the university level. How had the situation
developed? She also asked whether rural women were provided with
training opportunities.

Ms. PATTEN, expert from Mauritius, asked what efforts the Government
was taking to raise awareness among women of the Equal Opportunities
Act. Which ministry was responsible for organizing such campaigns, if
they existed? Noting a pay gap of some 28 per cent between men and
women, apart from the new legislation, what other measures were being
taken to eliminate those gaps?


Country Response

Responding to this round of questions, Ms. NEUBAUER said that the
main barriers in the area of education derived from traditional
patterns for boys and girls' education. Those stereotypes needed to
be challenged, and the Government intended to work with all the
actors involved to develop proper action plans and, if possible, use
positive measures to address the situation.
Some 8.3 per cent of working women and some 5 per cent of men were
employed in part-time jobs, she said. Persons working in such
positions were entitled to the same benefits as full-time workers.
The country had a special programme subsidizing employment in the
areas of providing personal assistance and caring for disabled
people. Participating in the programme were unemployed people who
were considered to be difficult to employ. As part of the country's
educational reform, boys and girls were informed about education
opportunities after they finished their secondary education. Girls
were encouraged to enter traditionally male areas of study, and vice
versa –- boys were encouraged to take up traditionally female
professions.

She added that efforts were being made to create harassment-free
workplaces and publicize the responsibilities of employers in that
respect. Commissions on equal opportunities had been created at some
trade unions. The Government was trying to eliminate illiteracy and
make people familiar with their rights. Most awareness raising
campaigns were exercised by the Equal Opportunity Office. Because of
its limited budget, however, in some cases, the Office shared the
responsibility with other Government agencies involved. The Labour
Inspectorate monitored the implementation of work-related
legislation. In cases of non-compliance, violations could be
addressed to labour courts. A special programme was in effect to
provide support for women entrepreneurs. It had established a huge
network of advisers, mostly successful women involved in business.

MIHAELA LOGAR, State Under-Secretary, Ministry of Agriculture,
Forestry and Food, said that elderly rural women received pensions
under State legislation. Farmers were covered by the same health and
pension systems as urban workers. If their income was not sufficient
to provide for a pension, older rural women received a small State
pension, which was part of the social security system.

IRENA KIRAR FAZARINC, National Coordinator for Women's Reproductive
Preventive Programmes and WHO National Coordinator for Women's
Health, Institute for Public Health, said the increasing mortality
rate after 1996 could be explained by the fact that the methods of
data collection had been changed to bring them in line with European
standards. Each woman in Slovenia had a right to pre-natal care, and
those who refused it were a source of concern. Each case of maternal
mortality was carefully analysed.
Regarding the number of abortions, she said that in the light of low
fertility rates, it was quite high when compared with the number of
births. The number seemed much lower when compared with the number of
women of childbearing age. The abortion rate was also rather high
among women over 30. Among teenagers, the number of abortions was
low, however -- only 1 per 1000 in younger teens, and 8 in 1000 in
older adolescents. That success was the result of a strong preventive
programme and contraceptive counselling, as well as free access to
contraceptives.
To a further question, she said that since 1950, the country had used
a World Health Organization definition of maternal mortality, which
included not only complications of birth, but also such causes of
death as car accidents, suicides and so on.

Ms. NEUBAUER added that if a woman was discriminated against during
pregnancy, she could complain to the employer, who was obliged to
provide her with a written response within eight days. If she was not
satisfied with the answer, she could submit a complaint to the Labour
Inspectorate. In 30 days, she could also file a case with a labour
court, which could redress the violation. So far, no complaints had
been filed under the new labour legislation, which had only entered
into force in January.


Experts' Comments and Questions

Mr. FLINTERMAN, expert from the Netherlands, asked about Slovenia's
alimony scheme. Regarding the growing number of children born out of
wedlock, women headed some 90 per cent of single-parent families.
When a father did not recognize his child, what did the Government do
to assist mothers who did not receive alimony?

Ms. GNANCADJA, expert from Benin, asked for information on the new
law on marriage and family relations. Were the rights of each parent
equal upon the dissolution of marriage? Was non-payment of alimony
now considered an offence? Half of the rural population were women,
with women owning some 20 per cent of the land. What were rural women
entitled to in cases of divorce or death?

Ms. MORVAI, expert from Hungary, asked if there had been quantitative
and qualitative research on the issue of domestic violence. Was there
a comprehensive strategy to prevent and respond to violence? Were
there clear protocols by central Government agencies for those
involved in the prevention of violence, namely the police and
health-care workers? Clear guidelines were crucial for the prevention
of violence. As most shelters were run by non-governmental
organizations, did they receive sufficient financing?


Country Response

Ms. NEUBAUER said that so far, Slovenia had not implemented any
research on family violence. Had it done so, the country's policy in
respect of that phenomenon would have been better developed. Efforts
were now being made to assess existing practices and introduce proper
measures within the framework of the draft national programme against
violence. Maternal homes, safe houses, crisis centres and shelters
were part of the country's network designed to help victims of
violence. The Ministry for Family, Labour and Social Affairs had
allocated some $1 million to run those shelters.

Regarding the country's family laws, she said that recent
discrimination concerning same-sex partnerships would be addressed by
a newly drafted bill. If adopted, it was expected that such same-sex
partners would be allowed to register and enjoy the same rights as
married couples. There were no guarantees that the bill would be
passed, however.
On divorce proceedings, she said that all the property acquired
during marriage was to be equally divided.


Concluding Remarks

Committee Chairperson, Ms. ACAR, expert from Turkey, congratulated
the delegation on its frank and informative presentation and stressed
that the Committee looked forward to speedy ratification of the
Optional Protocol and amendment to article 20 of the Convention.
While the Committee appreciated the country's willingness to
cooperate with non-governmental organizations, it also stressed the
need for sustained collaboration with them in the preparation of
Slovenia's next report. Women's situation in societies in transition
was often precarious, but she expected to see concrete positive
changes in the situation of women in Slovenia's next report.

The Government's actions to implement the Convention had demonstrated
its good will, she continued. In particular, the Committee noted the
Government's adoption of the Act on Equal Opportunities for Men and
Women. As pleasing as it was to see so many women represented within
the education system, she was concerned over the continued problem of
translating the country's legislation into women's increased presence
in positions of power and in elected posts. As women were more
educated than men, their low representation was a manifestation of
discrimination. She was impressed by the delegation's candid
acknowledgement of related problems and by the fact that the
Government had been able to identify the reason for those
difficulties.

Many concerns had been raised regarding the future of the Office for
Equal Opportunities, and every effort must be made to ensure that the
new structure does not result in marginalization of the country's
gender equality machinery. She added that there was also concern
about the situation of minority women and inequalities in the labour
market. The Committee also wanted to receive additional information
of the situation of older women. It was rather unusual for a country
with a developed legal system not to have adequate legislation on
violence against women.

The experts had also observed many efforts to eliminate
discrimination against women, she pointed out. Acknowledging the
Government's commitment to the Convention, they had detected a
priority need to bring the country's legislation in line with the
procedures of the European Union. In that connection, she stressed
the binding nature of such a wide-scope instrument as the Convention
on the Elimination of all Forms of Discrimination against Women.



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