“Human rights are women’s rights,
and women’s rights are human rights, once and for all.”
(Hillary Clinton, Beijing,1995)
1. Council of Europe’s milestones in the
area of gender equality
1. Without gender equality, democracy
cannot be considered as achieved, nor human rights as safeguarded.
I am convinced that the pursuit of democracy is incomplete unless
policies, measures and practices are in place that seek to reduce
inequalities between men and women in all fields of life and to connect
democracy with gender. Policies and practices seeking to increase
women’s participation, representation and leadership in politics
are also indispensable to this end. This is why gender equality
is crucial to the mission of the Council of Europe and advancing
women’s rights is, and must remain, a priority in the action of
this Organisation.
2. The European Social Charter (ETS No. 36) of 1961 guarantees
the enjoyment of rights in the areas of housing, health, education,
employment, legal and social protection, and movement of persons:
it complements the fundamental rights enshrined in the European
Convention on Human Rights (ETS No. 5, “the Convention”) with social
rights that must also be implemented without discrimination based
on sex or any other ground. When the Charter was revised in 1996,
the standards on gender equality were considerably strengthened,
with provisions in the areas of education, work and family life,
equal work opportunities and equal remuneration.
3. The Council of Europe has promoted greater equality between
women and men since it was founded, seventy years ago. The European
Convention on Human Rights lies at the heart of the Organisation’s commitment
to protect human rights in Europe. Its Article 14 stipulates that
the rights and freedoms secured in the Convention must be respected
without discrimination based on any ground, including sex.
4. The principle of non-discrimination enshrined in the Convention
was reiterated and considerably widened in scope in 2000 by Additional
Protocol No. 12 to the Convention (ETS No. 177), which applies to
all the rights set forth by law, again mentioning sex among the
grounds of prohibited discrimination.
5. The Council of Europe’s acquis includes
two ground-breaking conventions that are relevant to women’s rights,
namely the Council of Europe Convention on Action against Trafficking
in Human Beings (CETS No. 197) and the Council of Europe Convention
on Preventing and Combating Violence against Women and Domestic
Violence (CETS No. 210, “Istanbul Convention”). While the issues
addressed by these conventions do not affect women exclusively,
their gender aspect is certainly relevant (in the case of the Istanbul Convention
it is central). These conventions are having a considerable impact
in Council of Europe member States thanks to the harmonisation of
relevant national legislation and the work of their monitoring bodies (respectively,
the Group of Experts on Action against Trafficking in Human Beings
(GRETA) and the Group of Experts on Action against Violence against
Women and Domestic Violence (GREVIO)). Their outreach goes beyond
Europe, both due to the possibility for any State to become Party
to them (they are “open conventions”) and the fact that their standards
can inspire policy and legislation even in third countries.
6. The case law of the European Court of Human Rights has also
contributed to shaping women’s rights in member States. Relevant
judgments concern in particular Article 14 of the European Convention
on Human Rights, as regards discrimination on grounds of sex, but
also other provisions including Article 8 (Right to respect for
private and family life), Article 10 (Freedom of expression) and
Article 6 (Right to a fair trial).
7. In line with the founding texts of the Council of Europe,
its two statutory bodies (Committee of Ministers and Parliamentary
Assembly) and all the other organs and departments of the Organisation
have consistently invested their efforts in the area of gender equality
within their respective mandates.
8. This commitment has become increasingly prominent in the action
of the Council of Europe, and has been accompanied by an increasing
awareness, among European societies and their leaders, of the need
to integrate a gender dimension into the protection of fundamental
rights. This approach now permeates the work of the Council of Europe
across the three main pillars of its mission, namely promoting human
rights, democracy and the rule of law. None of these goals can be
considered as achieved as long as there are inequalities based on
gender.
9. The instruments that have been used to achieve progress in
this area range from information and awareness-raising campaigns
to non-binding texts, including the recommendations of the Committee
of Ministers and the Parliamentary Assembly, and binding international
instruments. Starting in the 1980s, these efforts have intensified
remarkably in recent decades.
10. In 1985, Recommendation R (85) 2 of the Committee of Ministers
on legal protection against sex discrimination first urged member
States to take or reinforce measures for the promotion of gender
equality, including through legislation in the field of employment,
social security and pensions, taxation, civil law, the acquisition
and loss of nationality and political rights. In addition, the Appendix
to the Recommendation referred to the need to consider “special
temporary measures designed to accelerate the realisation of de
facto equality between men and women”, thus paving the way for so-called
“positive discrimination” measures in areas such as political representation.
While it was not the first Committee of Ministers recommendation
concerning women (Recommendation No. R (79) 10 concerning women
migrants), the 1985 document was the first comprehensive text, encompassing
a wide range of forms of gender-based discrimination in all Council
of Europe member States.
11. Subsequently, Committee of Ministers recommendations have
covered virtually all specific aspects of gender equality, from
the elimination of sexism from language (Recommendation No. R (90) 4)
to the reconciliation of work and family life (Recommendation No. R (96) 51),
violence against women (Recommendation Rec(2002)5), balanced participation
of women and men in political and public decision making (Recommendation
Rec(2003)3) and the role of women and men in conflict prevention
and resolution and in peace building (Recommendation Rec(2010)10).
12. In this non-exhaustive list, I would like to highlight particularly
Recommendation No. R (98) 14 on gender mainstreaming, based on a
report on gender mainstreaming prepared by the Steering Committee
on Equality between Women and Men (CDEG)
that set out the conceptual
framework for gender mainstreaming and a methodology for its implementation,
accompanied by examples of good practices. Its standards, such as
the minimum 40% representation of each sex in decision-making bodies,
were then adopted in many countries and other international organisations.
Gender mainstreaming, with a focus on education, was also the subject
of Recommendation Rec(2007)13. Recommendations of the Committee
of Ministers represent a set of standards and analysis which have
contributed invaluably to promoting gender equality in Europe and
beyond. Gender mainstreaming is crucial to promoting equality between
women and men and needs to be strengthened even further. The 1998
recommendation of the Committee of Ministers laid the first stone
of a continuous process that still requires our efforts and political
support.
13. A parallel process of increasing awareness and commitment
to promoting gender equality has taken place in the Parliamentary
Assembly. The Assembly has worked on discrimination on grounds of
sex in all its manifestations, proposing a variety of measures to
tackle it, including positive action to achieve balanced political
representation, measures to reconcile work and family life, and
policies to increase women’s participation in the economy, not to
mention the initiative that led to the drafting of the Council of
Europe Convention on Preventing and Combating Violence against Women
and Domestic Violence (CETS No. 210, “Istanbul Convention”). The
Assembly has also integrated a gender dimension into its own rules
on composition and functioning, with a view to improving gender
balance. It has confirmed its commitment to promoting gender equality
by establishing a Committee on Equal Opportunities for Women and
Men (which in 2011 became the Committee on Equality and Non-Discrimination,
with expanded terms of reference), as well as sui
generis structures such as the Parliamentary Network
Women Free from Violence which is committed to raising awareness
on the issue of gender-based violence. The Network was instrumental
to the entry into force of the Istanbul Convention, as its members
played a major role in promoting its ratification by their respective
national parliaments.
14. In addition, since 2012, statistics on the gender breakdown
of Assembly positions are prepared every year and included in the
progress report on the activities of the Assembly’s Bureau and Standing
Committee presented during the January part-session. They provide
an overview of the progress made in achieving gender equality in
the functioning of the Assembly.
15. In 2017, the Chairperson of the Committee on Equality and
Non-Discrimination, Ms Elena Centemero (Italy, EPP/CD), jointly
with the Secretary General of the Assembly, prepared a memorandum
taking stock of the measures to improve gender equality and gender
mainstreaming in the work of the Assembly.
This memorandum
described the measures implemented by the Assembly in this area
and assessed their impact.
16. Subsequently, the Committee on Equality and Non-Discrimination
approved the proposals contained in a memorandum that I prepared
on how to further develop gender mainstreaming in the work of the
Assembly, which do not require amendments to the Rules of Procedure
and are relatively easy to implement and budget neutral. In addition,
early in 2019, the Committee decided to re-establish its Sub-Committee
on Gender Equality.
17. In 2014 the Council of Europe adopted its first Gender Equality
Strategy, covering the period until 2017, with the aim of defending
human dignity and fighting gender inequalities by promoting the
full participation of women in society and access to fair justice
systems for all.
In
2018, a second Gender Equality Strategy was adopted for the years
2018-2023. Its six ambitious strategic objectives encompass all
the main areas of gender equality, namely preventing and combating
gender stereotypes and sexism; preventing and combating violence
against women and domestic violence; ensuring equal access of women
to justice; achieving a balanced participation of women and men
in political and public decision-making; protecting the rights of migrant,
refugee and asylum-seeking women and girls; and finally achieving
gender mainstreaming in all policies and measures.
18. Other Council of Europe activities related to gender equality
have a specific focus or target group. For instance, the Gender
Equality Guidelines adopted by the Youth Department apply to international
youth activities specifically. The same department has carefully
considered the gender aspect of online hate speech (addressed by
the No Hate Speech Movement Campaign, a human rights campaign against
hate speech and intolerance mainly aimed at young internet users),
identifying sexism as one of the main motivations of cyberdiscrimination
and online bullying.
2. Current backlash against women’s rights:
the need for new momentum
19. We are approaching the 70th
anniversary of the founding of the Council of Europe and can rightly celebrate
the contribution of this Organisation to the protection and promotion
of human rights, including women’s rights and non-discrimination
on grounds of sex. However, achievements in this area are never acquired
once for all. On the contrary, they are easily threatened by social
and political developments. This is the case now, in Europe and
beyond, where a worrying situation is emerging. The 2018 Report
of the United Nations’ Working Group on the issue of discrimination
against women in law and in practice
refers
to “deadlocks, retrogressions and backlashes”, in addition to persisting
discrimination, leading to the conclusion that “today, there is
a need to protect the gains from the past and to urgently advance
women’s substantive equality.”
20. Also in 2018, a report commissioned by the European Parliament’s
FEMM Committee was published bearing the telling title “Backlash
in Gender Equality and Women’s and Girls’ Rights”.
The
report is focused on six European Union member States (Austria,
Hungary, Italy, Poland, Romania, and Slovak Republic) and analyses
relevant developments in the last few years, concluding that “the
backlash has decreased the level of protection of women and girls
and reduced access to their rights”.
21. In the light of this backlash, the Parliamentary Assembly
should develop a new momentum to promote gender equality, thus accomplishing
one of its major tasks, which is to fix new and ambitious goals
for the Organisation and its member States. It is necessary, even
urgent, to step up efforts in this area: if women’s rights are today
under threat, as observed in a number of member States, a defensive
attitude is not effective enough. In fact, it is necessary both
to counteract the attacks on gender equality and to work for new
progress.
22. Solidarity, which is often mentioned when discussing social
inequalities, is in my opinion also relevant to gender inequality.
I would like to emphasise here the link between the crisis of European
democracy and a lack of solidarity. As one commentator has pointed
out: “In these tumultuous times, solidarity and a new mode of co-operation
is more needed than ever. The de-solidarisation of societies thus
contributes to the de-solidarisation in democratic politics. Solidarity
is not only a redistributive mechanism, it is also a social, cultural and
political
concept. It refers to social relations created among individuals
and social groups by acting together. It rests on cultural aspects,
because it is a central norm and a guiding principle in contemporary societies.
Solidarity is also a political term, because declaring solidarity
means questioning power relations and asking how vulnerable groups
and minorities can be supported (or protected against modes of domination).”
Men should have an active role as
agents of change against gender inequality, and they are actually increasingly
joining women as allies in this endeavour. This is also a form of
solidarity.
23. My aim as rapporteur is to formulate and submit to the Assembly
a range of recommendations that aim high and are concrete and measurable.
This should make it easier to assess objectively the progress made, and
to understand to what extent the expected result has been achieved.
24. Today, action in the area of gender equality should take into
account as an important reference the Sustainable Development Goals,
introduced by the United Nations in 2016 with a view to “transforming
the world” in the following 15 years.
These 17 goals constitute the 2030
Agenda for Sustainable Development, defined as “a plan of action
for people, planet and prosperity” that “also seeks to strengthen
universal peace in larger freedom”. An extremely ambitious plan,
which takes the situation of women adequately into account, is set
out in Goal No. 5 – Achieve gender equality and empower all women
and girls. The Agenda sets out nine targets in relation to Goal
No. 5, which include ending all forms of discrimination against
all women and girls, everywhere; eliminating all forms of violence
against all women and girls; and eliminating harmful practices such
as child, early and forced marriage and female genital mutilation.
It also refers to ensuring women’s effective participation at all
levels of decision-making in political, economic and public life,
and ensuring universal access to sexual and reproductive health
and reproductive rights.
25. The Agenda for Sustainable Development is global and the goals
it includes apply differently to different geographic areas. Europe
is among the most advanced regions in terms of gender equality,
but there is considerable room for improvement. In addition, the
European experience is not necessarily always the only reference.
In some areas, such as women’s political representation, high standards
and interesting initiatives have been adopted in non-European contexts,
which could be sources of inspiration. European leaders’ and public
opinion’s increasing awareness and support make it possible to build
on previous achievements.
27. Finland was the first European country to introduce general
voting rights and to give all adult citizens the right to run for
elections irrespective of wealth, status or race. On 15 March 1907,
its national parliament was the first to include female members:
out of 200 deputies, 19 were women.
28. The struggle for the participation of women in political life
has never been easy or simple – it
still is not, even today. Too much of a woman's thinking is “straw
and makes her sick”, wrote neurologist Paul Moebius in the treatise
“On the physiological idiocy of women” – a bestseller in the years
before the First World War.
29. This year we commemorate the 230th anniversary of the French
Revolution, which brought about the Declaration of the Rights of
Man and of the Citizen but also made it possible to draw up a Declaration
of the Rights of Woman and the female citizen.
Today, we are still
trying to come up with concrete answers to a number of questions
about the participation of women in political life, and particularly
on how to ensure that women can enjoy political rights and take
an active part in government matters on an equal footing with men. The
ultimate question is whether it is possible to correct almost 6 000
years of injustice, and how.
30. The idea of dignity is crucial to our understanding of politics.
Participation in the political process, having a voice, being listened
to and exercising political influence are key ingredients of dignity.
When people are left without voting rights, marginalised and reduced
to invisibility, as women were for a long time, they are deprived of
human dignity.
2.1. Positive
measures and quotas
31. Political representation is
one of the top priorities in the gender equality agenda for several
reasons. Firstly, it enhances women’s power and gives them the opportunity
to take part in decision-making processes, including at legislative
and executive level. Secondly, this may in turn (ideally, if not
necessarily) lead to the adoption of legislation and policies promoting
gender equality. Thirdly, political representation is a priority because
inequalities in this area are particularly striking: in November
2018, according to figures published by UN Women, only 27.7% of
parliamentarians in Europe were women, and only three Council of
Europe member States, namely Iceland, Finland and Sweden, are in
the list of countries with the highest proportion of female members
of parliament.
32. An additional argument is presented as a “business case for
women in public life” in the report “Women, Government and Policy
Making in OECD Countries”, published in 2014. Experts from the Organisation
for Economic Co-operation and Development (OECD) explain that gender
balanced institutional representation is beneficial for the economy:
“Gender diversity in public institutions – such as parliaments,
executives and courts – is particularly crucial, given that these
institutions make decisions and create rules that affect people’s
rights, behaviours and life choices; influence the distribution
of goods and services in society; and determine access to public
and private resources”.
33. The measures adopted in Europe and beyond to increase women’s
political representation have often been quantitative and measurable.
I am referring to positive measures, in particular gender quotas
in electoral lists, that are expressed in the form of a share or
percentage. The Assembly has dealt with this subject on several
occasions, supporting the idea that positive action and, more specifically,
gender quotas are useful and should be enforced, albeit temporarily,
in order to achieve rapid progress in political representation.
Resolution 1825 (2011) “More women in economic and social decision-making bodies”
indicates that, “[i]n the Assembly’s view, gender quotas are a transitional
but necessary exception to allow positive discrimination with a
view to bringing about a change in attitudes and achieving
de jure and
de
facto gender equality”.
34. The latest text adopted by the Assembly in this area is
Resolution 2111 (2016) on assessing the impact of measures to improve women’s
political representation. In this text the Assembly recommends positive measures,
in particular electoral quotas, and provides a number of indications
on how they should be designed. Quotas should aim high: according
to the rapporteur’s analysis, quotas have proven effective only
when requiring a substantial share of seats to be allocated to the
under-represented sex. Sanctions for non-compliance should be introduced.
Merely financial sanctions have often not had the expected impact.
Effective sanctions include, in particular, the rejection of lists
by electoral commissions, making it impossible for parties to take
part in elections if their lists do not abide by the quotas.
35. The implementation of quotas should be supervised by independent
bodies, such as electoral courts or commissions, which should also
be in charge of applying sanctions. While positive measures aim
at obtaining substantial results in a short time, accompanying measures
should be introduced to ensure that the advances are not rapidly
lost once the quotas or other positive measures come to an end.
Accompanying measures include: the reconciliation of political activity
and private life; awareness raising and training for women politicians;
and access to media. These measures aim to ensure that a better
gender balance becomes a structural element of political representation,
rather than merely a short-term effect of positive measures.
36. Positive measures have proven effective and are still worth
recommending, particularly in contexts with particularly low female
representation. If designed and implemented correctly, gender quotas
(especially if they are of the obligatory, legislated type as opposed
to those voluntarily introduced by political parties) allow for radical
change to take place rapidly. In turn, this may trigger a virtuous
circle of cultural change among voters, an increase in the number
of experienced women politicians, and the adoption of new gender
equality legislation. Some critics consider that positive measures
are at odds with meritocracy. In fact, a positive effect of quotas
on politicians’ skills was observed, not only as regards women but
also men. A study based on the Swedish experience, published in
2017, showed that quotas had a positive impact on the level of competence of
candidates, since room for women in electoral lists was generally
made by displacing “mediocre men”.
2.2. The
ultimate target: gender parity in political representation
37. While correctly designed and
enforced quotas may increase the level of women’s political representation,
and in some contexts even lead to substantial change, they can no
longer be considered sufficient. The cultural and political landscapes
have evolved, making it possible, and at the same time necessary,
to switch to a more ambitious perspective in this area. On one hand,
awareness of the need to improve gender equality has increased substantially.
It has become the subject of numerous international conventions
as well as national legislation and policies, and for some countries
(such as Canada and Iceland, following the example of Sweden) it
is also an important element of diplomatic relations and international
co-operation. On the other hand, the backlash against women’s rights
that I previously mentioned demands that we step up efforts to promote
gender equality and combat persisting forms of discrimination. The
attacks on gender equality policies, while often well-orchestrated,
will not prevail. The response, however, needs to be strong and
co-ordinated.
38. I am convinced that we should switch from quotas reserved
for the under-represented sex, and which aim to ensure that at least
30% or 40% of members of an elected body are female, to actual parity.
The principle of parity is not new in itself: it has been on the
table for some time. While often used interchangeably with “gender
equality”, the idea of parity has a more specific meaning when considering
political representation. It means that elected bodies and other
decision-making bodies, including, importantly, governments, are required
to be composed, insofar as possible, by women and men in equal number.
39. Equal representation of women and men was enforced in a number
of governments in Europe and beyond, including Spain’s Zapatero
government of 2004; the French cabinets under Presidents Hollande
and Macron; Italy’s Renzi administration in 2014; and, to mention
only one example from beyond Europe, Trudeau’s government in Canada.
When asked why his cabinet was so diverse both in terms of gender
and ethnicity, Trudeau replied: “Because it’s 2015.” If the parity
principle were consistently applied, these examples would no longer
be interesting exceptions, and would rather be the norm. Political
representation involves women's equal rights to articulate their
needs and interests, as well as their vision of society, and to
shape the decisions that affect their lives, whatever cultural context
they live in. I would like to highlight that partnership with women's
organisations and other groups working for gender equality is necessary
to assist the process of increasing and improving representation.
40. Spanish academic Alicia Miyares explains that feminism understands
parity as a civil right, ensuring proportional representation of
genders and women’s right to be elected and to politically represent
the community. Parity, she adds, is not a concession depending on
the will of political parties, but rather a right that cannot be
altered depending on political circumstances, just like the right
to vote. Therefore, she concludes, it should be recognised as a
constitutional right belonging to women. In the last few years,
several countries of Latin America, including the Assembly’s partner
for democracy, Mexico, introduced in their Constitutions new provisions
on gender parity, demanding that political parties apply this principle
when selecting candidates for electoral lists.
Enshrining parity in Constitutions, not
only as regards electoral regulations, would make it a high-ranking
principle, in the light of which other provisions should be interpreted
and enforced. This may make a considerable difference and I believe
it is one of the avenues we should explore.
41. Electoral gender quotas are not at odds with parity. In fact,
they are one of the means available to achieve it, as Brazilian
expert Ana Alice Alcântara Costa observes in her text “Quotas as
a Path to Parity: Challenges to Women’s Participation in Politics”.
42. Is parity a realistic goal? Caroline Turner, an American gender
expert, writes: “Leadership gurus tell us that the goals that inspire
people the most are measurable, time-bound and attainable. They
must be currently out of reach – but realistic over the long term.”
While the conclusion of this expert’s reasoning, based on the high
level of discrimination that women currently face, is that gender
parity is not a realistic goal in the foreseeable future, I consider
that this should be our target. One of the main preconditions for
substantial progress to be achieved in a reasonable time is political
will. Therefore, I consider it my duty to push this issue forward
at a political level, particularly among legislators.
43. A word of warning is probably necessary: while quotas may
be indicated numerically as they are generally intended as a minimum
threshold, the half-and half meaning of “parity” should not be interpreted
as a strictly arithmetic requirement. The ultimate goal is not to
divide by two the number of seats in a given decision-making body
and allocate exactly the same number of them to male and female
members, but rather to have a balanced and proportionate representation
of voters. In addition, a sharp division between male and female
would be detrimental for people with non-binary identities. Parity
should not be conceived in a way that may exclude these citizens.
3. Gender mainstreaming
44. Gender mainstreaming is an
important tool for the promotion of gender equality at all levels.
As mentioned
when referring to the Council of Europe’s
acquis,
the Organisation endorsed this kind of strategy from an early stage
and even contributed to shaping the concept, creating a definition
that is now widely accepted: “Gender mainstreaming is the (re)organisation,
improvement, development and evaluation of policy processes, so
that a gender equality perspective is incorporated in all policies
at all levels at all stages, by the actors involved in policy-making.”
Today, the Council of
Europe implements a gender mainstreaming strategy in its standard-setting,
monitoring work and co-operation activities.
45. In other words, gender mainstreaming means integrating a gender
equality perspective at all stages and levels of policies, programmes
and projects. In addition, it means taking into account the different
situation and needs of women and men and their unequal access to
resources and rights (including access to justice).
46. Gender mainstreaming integrates sectoral gender equality policies
but does not replace them. Both approaches are necessary and contribute
to the ultimate goal of achieving equality. Gender mainstreaming
is a long-term strategy that gradually transforms society. Specific
policies have a direct impact on the sectors they target and may
achieve results faster. However, to ensure that gender equality
and non-discrimination in general continue to progress, it is necessary
to integrate a gender perspective into all policies, as these inevitably
have an impact on women’s and men’s lives and their different situations,
living conditions and needs.
47. A wide range of examples from Council of Europe member States
may help to develop an understanding of the scope and the importance
of gender budgeting. In Austria, the gender dimension was integrated
in development aid programmes in the form of gender-sensitive budgeting
as far back as 2009. In Finland, under the Equality Act and the
Government Action Plan for Gender Equality, all ministries are required
to set up equality working groups to plan and carry out mainstreaming,
and the guidelines for drafting legislation stipulate that the gender
impact of draft legislation is systematically assessed. In France,
all ministries adopt a road map of the activities to be carried
out within their respective terms of reference to achieve real gender
equality. In Sweden, gender mainstreaming informs the activity of
local, regional and national authorities alike, and the best practices
are collected and disseminated via a dedicated webpage.
48. As regards national parliaments specifically, the report “Gender-Sensitive
Parliaments, A global review of good practice”, published by the
Inter-Parliamentary Union in 2011, is an important source of information.
The report aims to lead parliaments
to respond to the needs and interests of both men and women in their structures,
operations, methods and work, and it covers a variety of issues
as, by definition, gender mainstreaming concerns them all transversally.
Increasing the proportion of women in key parliamentary positions
is an important step. However, this does not automatically lead
to producing gender-sensitive legislation. The role of men and that
of political parties are other specific aspects, as are policies
and procedures, parliamentary infrastructure and parliamentary departments.
This report is a mine of valuable information regarding good practices
and also shows, at a more general level, the high degree of effort
required to enshrine a gender dimension in all aspects of parliamentary
activity. Moreover, it shows that this effort is necessary, and
that it bears fruit.
49. Critics of gender mainstreaming claim that the transformative
effect of this strategy has not met expectations, and, in some cases,
the mainstreaming approach has diluted the impact of specific gender equality
policies. In fact, the challenge may in some contexts be related
to implementation. While it is easy to adopt the gender mainstreaming
vocabulary and introduce it in policy documents, it proves more
difficult to follow up and to enforce this approach consistently.
Long-entrenched habits tend to interfere, widening the rift between
theory and actual practice. Stronger political will should therefore
support gender mainstreaming at all levels of administration. It
will be the Parliamentary Assembly’s task to contribute to providing
such necessary support.
4. Countering gender stereotypes and sexism
50. Women are often represented
in the media only in the traditional roles assigned by society.
This has a negative impact on gender equality, as it strengthens
the barriers to women’s access to certain occupations and careers
and particularly to decision-making bodies.
51. I would like to share the experience of the training sessions
on women’s rights that my colleagues in the Serbian National Assembly
and I organised for representatives of women’s branches of various
parties from our political group. We collected several national
daily newspapers and asked participants to pretend they lived on
a different planet and that the only information they could receive
about the citizens of Earth were those printed in the newspapers.
We asked them to count how many men and women were in the pictures,
what they looked liked and what they were doing. The results were
discouraging. Only 15% to 20% of the characters were female. Men
were represented as managers, politicians, successful sportsmen
and people in other very important positions. On the other hand,
women were mostly shown as mothers or as beautiful girls in the advertisements
for underwear, perfumes and other items. They were hardly ever depicted
as politicians or businesswomen. We concluded that women were still
clearly the victims of sexist stereotypes. They are under-represented,
if not invisible, in the media and advertising.
52. It is important to include in gender equality legislation
provisions aimed at combating sexist stereotypes and to promote
the balanced presence of women and men in the media.
53. Almost thirty years ago, the Committee of Ministers adopted
a recommendation on the elimination of sexism from language (Recommendation
No. R (90) 4). This text recommended that member States take measures
to encourage the use of non-sexist language, bring the terminology
used in legal drafting, public administration and education into
line with the principle of gender equality, and finally encourage
the use of non-sexist language in the media.
54. While the main aspects of the issue were correctly identified
in the 1990 text, they have not been successfully addressed since
then. Earlier this year, a new Recommendation CM/Rec(2019)1 of the Committee
of Ministers on preventing and combating sexism was adopted. Its
Appendix provides for the first time a definition of sexism, described
as “[a]ny act, gesture, visual representation, spoken or written
words, practice or behaviour based upon the idea that a person or
a group of persons is inferior because of their sex, which occurs
in the public or private sphere, whether online or offline …”.
55. Among the numerous measures indicated in this recommendation,
I would like to highlight:
- tailored
education and training for educators in all spheres and at all levels
of education;
- assessment of textbooks, training materials and teaching
methods used by and for pupils of all age groups and in all forms
of education and training for sexist language, illustrations and
gender stereotypes, and revision thereof so that they actively promote
gender equality;
- legislation that condemns sexism and that defines and
criminalises sexist hate speech;
- encouraging relevant public bodies and services, such
as ombudspersons, equality commissions, legislative assemblies and
national human rights institutions, to draw up and implement codes
of conduct or guidelines on sexism;
- effective communication and awareness-raising campaigns
on the links between sexism and violence against women and girls.
56. To sum up the meaning of these recommended measures: it is
essential to promote training and education at all levels and to
carry out awareness-raising actions for everyone to learn how to
identify, recognise and overcome gender stereotypes. Women's visibility
in the media should be strengthened. A more balanced and non-stereotyped
representation of women and men in the media is needed in order
to overcome obstacles to gender equality.
57. The Assembly contributes significantly to raising awareness
on sexism, particularly in the world of politics. In 2018, in co-operation
with the Inter-Parliamentary Union, it carried out a study that
shed light on widespread sexism, sexual harassment and gender-based
violence affecting women in parliaments.
At the initiative
of the two Presidents, the study was shared with all national parliaments
of Council of Europe member States.
58. Based on the findings of this study, and at the initiative
of President Liliane Maury Pasquier, the Assembly launched a hashtag
campaign called #Not In My Parliament, aiming to raise awareness
among both parliamentarians and the general public of the need to
counter sexism and harassment, including in politics.
59. In April 2019, a resolution was adopted on “Promoting parliaments
free of sexism and sexual harassment”,
calling for measures aimed at stopping
sexism and sexual harassment in politics. Among other things, the
text recommends introducing effective complaint procedures and mechanisms,
with effective sanctions. The text also calls for the Assembly to
amend its own Code of Conduct to introduce an explicit ban on sexism,
sexual harassment and sexual violence, and a reference to the protection
of dignity.
5. Gender-based violence
60. Committee of Ministers Recommendation
CM/Rec(2019)1 highlights that there is close correlation between
gender stereotyping and sexism and refers to “a continuum between
gender stereotypes, gender inequality, sexism and violence against
women and girls”.
61. Violence is at the very core of the patriarchal system, and
the key to eradicating violence lies in changing the paradigm and
deconstructing the patriarchal system. Empowerment is also about
this: women (and also men) gaining control over their lives, setting
their own agendas and acquiring new skills.
62. Unfortunately, women still experience physical, sexual and
psychological violence. Gender-based and domestic violence are widespread
and their effects are long-lasting and difficult to overcome. It
is a human rights violation and it constitutes a barrier to the
enjoyment of other rights, thus leading to other violations of women’s
basic rights and therefore making equal opportunities for women
and men impossible to achieve.
63. Domestic and gender-based violence are therefore inextricably
entwined with discrimination and denial of equal opportunities.
Its victims might not have the chance to rebuild their lives, find
a job, another partner, another home. Some of them may not even
have a chance to survive.
64. Combating violence against women means fighting for these
women’s right to have a second chance. I believe that it is crucial
that the Parliamentary Assembly remains committed to this fight.
65. The Istanbul Convention has marked a milestone in the fight
against gender-based violence. It provides a comprehensive framework
for preventing violence against women, protecting the victims and
prosecuting the perpetrators. States Parties have a responsibility
to prevent, stop and sanction violence against women and they are
required to adopt and enforce stringent legislation (for example
criminalising specific forms of violence) and effective policies.
The high standards enshrined in this Convention bind the Parties
and are a reference for measures adopted by other countries as well.
66. As a report on “The Istanbul Convention on violence against
women: achievements and challenges” has been prepared at the same
time as this one,
I will not go further into details
here about the Convention, the ratification processes and its enforcement.
What I would like to underline is that gender-based violence is strictly
intertwined with all other aspects of discrimination against women.
The sexism and sexual harassment that are endemic in politics, for
instance, are among the reasons behind the low participation of
women in political life. I would conclude once again that eradicating
violence against women should always go hand in hand with promoting
gender equality in all areas. The Council of Europe is best placed
to carry out such a many-sided mission, and must do so with determination,
demanding increased support from member States.
6. Promoting inclusive language
67. Committee of Ministers Recommendation
CM/Rec(2019)1 on preventing and combating sexism also provides indications
on language and communication, which are defined (paragraph II.A
of the Appendix) as “essential components of gender equality” that
“must not consecrate the hegemony of the masculine model”. It adds
that non-stereotypical communication is a good way to educate, raise
awareness and prevent sexist behaviour, and explains that it “encompasses
eliminating sexist expressions, using the feminine and masculine or
gender-neutral forms of titles, using the feminine and masculine
or gender-neutral forms when addressing a group, diversifying the
representation of women and men, and ensuring equality of both in
visual and other representations.”.
68. Such “language reform” implies a large amount of work and
requires the co-operation of experts, media and communications actors,
and a good deal of political will, but is bound to have a positive
impact on mindsets and should not be neglected. The way these reforms
should be devised would vary considerably across member States,
as national languages differ. In some cases, adopting gender-sensitive
language would mainly be a matter of vocabulary. More often, some
grammar and spelling rules would also need to be adapted.
69. The choice of the Finnish Government to adopt the expression
“Presidency” of the Committee of Ministers, rather than “Chairmanship”
as formerly used, is a good example that should be followed by others. It
shows that institutional language can change and gender-neutral
terms can be privileged while keeping communication simple. Finland’s
successor in leading the Council of Europe, the French Government,
chose non-sexist language as one of the tools of its feminist foreign
policy and is now using among other things the expression “droits
humains” (human rights) instead of the traditional “droits de l’Homme”
(literally “rights of Man”, although the capitalisation makes it
synonym with “mankind”). The Académie française, the guardian of the
French language, recently decided to encourage the feminisation
of profession names. In French-speaking Québec, support for non-sexist
language seems to come from civil society and the public at large.
70. The Council of Europe should be consistent with its recommendations
and pay special attention to the language used in internal documents
and adopted texts. On the basis of the Guidelines on non-sexist
language adopted in 1994
(which it
would be useful to review and amend if necessary) and the Gender
equality glossary published by the Gender Equality Commission in
2016, the use of inclusive language should be ensured throughout
the Organisation.
7. Economic empowerment and reconciliation
between work and private life
71. Women’s economic empowerment
is a complex, multi-faceted matter and the Committee on Equality and
Non-Discrimination has worked on all aspects of it: women’s access
to the labour market and their situation in the staff and management
of companies, female entrepreneurship and unequal access to funding,
the gender segregation across industries and occupations.
72. As regards companies, the “business case” for gender diversity
is strong. A 2016 working paper of the Peterson Institute for International
Economics presents the findings of a study carried out in 91 countries.
While showing
that women’s participation overall is still low, “the results suggest
that the presence of women in corporate leadership positions may
improve firm performance. This correlation could reflect either
the payoff to non-discrimination or the fact that women increase
a firm’s skill diversity”. The study finds that a company with 30%
female leadership could see an increase of 15% in profitability
compared to a similar company with no female leadership. This is
often explained as a consequence of the positive impact of gender
diversity on the quality of management boards. Such diversity brings
younger and more skilled staff, triggers positive competition and
produces healthier approaches to problem-solving.
73. Similar considerations on the positive impact of diversity
apply to the economy at large. The European Institute for Gender
Equality (EIGE) concluded in 2014 that “by 2050, improving gender
equality would lead to an increase in EU (GDP) per capita by 6.1
to 9.6%, which amounts to €1.95 to €3.15 trillion”
.
74. Women still face obstacles at several levels, preventing them
from contributing to the labour market and the overall wealth of
European countries as they could: prevailing cultural attitudes,
in particular, lead to an unbalanced burden of domestic responsibilities
and family obligations. Progressive measures should be introduced
in this respect, enabling women to reconcile family and professional
responsibilities without having to choose between them.
75. All proposed policies, including and particularly in the area
of the economy, should be subject to a gender impact assessment,
as a matter of good policy making. More generally, Council of Europe
member States should make use of gender-budgeting mechanisms. A
gender perspective should be an essential part of budgeting (lower
thresholds, such as merely bureaucratic “gender” labels on State
budgets, are not acceptable) and be paired with a gender audit aiming
to assess a posteriori the
impact of policies on gender equality.
76. Adult education also plays a key role in policies aiming to
promote a general improvement of professional skills. Support from
the media and information campaigns would contribute to increasing
the use of adult education programmes. As highlighted in an Assembly
report on “Empowering women in the economy”,
which
led to the adoption of
Resolution
2235 (2018), promoting STEM (science, technology, engineering and mathematics)
education and careers for women and girls is particularly needed.
Appropriate measures should be taken to tackle low employment rates
of female and older workers, in particular those who have had atypical career
paths or lack information and communication technology (ICT) skills.
It is therefore essential to put in place the necessary conditions
to provide lifelong learning services at every level to facilitate
progress in employment.
8. Sexual and reproductive health and
rights
77. A report on access to contraception
in Europe is currently under preparation in the Committee on Equality
and Non-Discrimination by rapporteur Ms Petra Bayr. As a consequence,
I will not present a detailed analysis of the current situation
in this report. However, it is worth noting that inequalities are
found across Council of Europe member States in this area, and even
within them, due to regional differences in decentralised systems.
The gap between the best performing countries and those lagging
behind is wide and continues to widen. Some member States are further
restricting, or attempting to restrict, the access to contraception
and more generally sexual and reproductive health.
78. Abortion, in particular, is put at risk by draft legislation
aiming to ban it (Poland) and by practical or administrative barriers,
as well as excessively wide rules on conscientious objection (decisions
of the European Committee on Social Rights highlighted such difficulties,
for instance in Italy). On the other hand, Ireland’s Health Act
2018 legalised abortion, which is now permitted during the first
twelve weeks of pregnancy, and even later in cases of risks for
the pregnant woman's life or health, as well as in the case of fatal
foetal abnormalities.
79. The position of the Assembly is expressed by
Resolution 1607 (2008) on access to safe and legal abortion in Europe, which
states among other things that abortion “should not be banned within
reasonable gestational limits”.
80. Over ten years later, the principles enshrined in this text
are still valid, but the obstacles to their enforcement have become
stronger. This is part of the general backlash against women’s rights
that I previously mentioned, and requires that the Assembly and
all those who are committed to human rights be vigilant and step
up efforts to defend the acquis.
The health and life of thousands of women are put at stake by attempts
to restrict sexual and reproductive health and rights.
9. Conclusions
81. The Council of Europe has been
instrumental in promoting equality and countering discrimination, including
on grounds of sex, for seven decades now. Particularly in the last
thirty years, the Organisation has stepped up efforts to promote
gender equality, with considerable achievements in areas including
the labour market, political representation and combating violence
against women.
82. Nevertheless, also in the light of the information and data
presented in this report, there is certainly room for improvement.
In addition, a backlash against women’s rights seems to be taking
place in various Council of Europe member States, making it necessary
not only to act to achieve progress but also to defend the acquis.
83. Gender inequality manifests itself in a variety of forms in
different environments, both in private and public life. I would
like to reiterate that all manifestations of inequality are interconnected
and should be tackled simultaneously. Gender equality policies are
met with resistance by various forces, particularly by those who see
them as a threat to their traditional privilege.
84. For this and other reasons, including the inevitable loss
of momentum that all efforts for positive change face, we need to
aim high. A very ambitious agenda is the least that States should
aim for. Subsequently, in order to reach the ambitious targets set,
strong political will be required. The Parliamentary Assembly and
the Council of Europe as a whole have a duty to uphold this ambitious
agenda and secure the necessary political support by member States.