1. Introduction
1. Despite the numerous commitments undertaken by states
in the last two decades, at national and global level, to promote
gender equality and advance women’s rights, progress in improving
the status of women worldwide has fallen short of expectations.
For too many women worldwide, poverty and violence are everyday facts
of life as they struggle to acquire the same rights as men with
respect to health, employment and family, as well as access to public
resources and services.
2. This report aims to take stock of the advancement of women’s
rights worldwide and appeals to states to give a stronger impetus
to assessing, defending and developing global political action towards
the improvement of women’s situation in theory and practice.
3. In this endeavour, we are not starting from scratch. There
exists a sound international legal framework for the defence of
women’s rights. However, political action must be geared to achieving
the effective implementation of existing legal instruments and,
at the same time, developing a higher profile for women’s rights
and gender equality on the global political agenda.
4. The creation of UN Women, in July 2010, represents an important
step forward in this direction. UN Women is the best possible actor
to take on the responsibility of raising equality questions at the
highest possible level, of promoting the effective implementation
of women’s rights and of catalysing co-operation. Therefore this
agency deserves all our support
5. The need for synergy and co-operation is particularly important,
especially in relation to three areas where progress has been very
limited:
- the right to life,
health and physical integrity;
- the elimination of all forms of violence against women;
- the right to education and women’s empowerment in all
spheres of life.
6. This report finds its origin in a motion for a resolution
presented by Mr Ducarme and others,
who expressed
concern about the global backlash against women’s rights and quoted
examples from Sudan, Afghanistan, Mali and Yemen. In the course
of my work, I decided to change the title of the report to “Advancing women’s
rights worldwide”, because my main objective is not only to make
an assessment of the situation, but to propose a way forward.
7. In preparation of this report, I carried out a fact-finding
visit to New York from 21 to 23 September 2010, during which I attended
the summit on the Millennium Development Goals and met, amongst
others, Ms Rachel Mayanja, Assistant Secretary-General and Special
Adviser to the Secretary General on Gender Issues and Advancement
of Women, as well as representatives of the United Nations Development
Fund for Women (UNIFEM) and the Division for the Advancement of
Women.
8. In addition, the Committee on Equal Opportunities for Women
and Men organised a hearing on 9 September 2011 in Paris with the
participation of Ms Dagmar Schumacher, Director of the UN Women
Office in Brussels, who provided essential information for the preparation
of this report and briefed us on UN Women’s activities, objectives
and challenges.
2. Assessing progress in the respect of
women’s rights
9. It would be a daunting challenge to provide a detailed
analysis of progress in the implementation of women’s rights worldwide.
However, there exist some benchmarks which make it possible to identify
a general trend. These are:
- the
results of the periodic reviews of the World Conferences on the
Status of Women;
- progress in relation to the implementation of the Convention
on the Elimination of All Forms of Discrimination against Women
(CEDAW);
- progress made by states towards achieving the Millennium
Development Goals (MDGs), as set in Beijing in 1995.
2.1. The periodic reviews of the World Conferences
on Women
10. The main impetus for the improvement of women’s rights
worldwide was given by the four World Conferences on the Status
of Women of the United Nations in Mexico City (1975), Copenhagen
(1980), Nairobi (1985) and Beijing (1995), organised by the Commission
on the Status of Women.
11. The conferences aimed at making it publicly evident at international
level that discrimination towards women was persisting all around
the world and in various areas of everyday life. They led to the
drafting of the Convention on the Elimination of All Forms of Discrimination
Against Women, adopted in 1979 by the United Nations General Assembly
and often described as an international bill of rights for women.
12. Since 1975, the United Nations conferences have systematically
followed up progress in the implementation of measures in critical
areas of concern, addressing action-oriented recommendations to states
with a view to facilitating and improving the implementation of
the convention’s commitments.
13. Since the 1995 Beijing World Conference, the Commission on
the Status of Women has organised periodic reviews every five years
(Beijing +5, ten-year review, fifteen-year review) in order to monitor
and assess the progress made by states in the implementation of
the Beijing Platform for Action and the Beijing Declaration.
14. Despite the profound interest created by these conferences,
it is evident today that progress is being made at a slower speed
than that originally wished and that different attitudes towards
equality have resulted in different levels of inequality around
the world.
15. The original structure of these conferences, which bring together
governments and politicians, but also representatives of civil society
and actors inspired by a diversity of beliefs and/or religious faiths
can be seen as a possible factor accounting for the limited progress
made in several issues of critical importance. This limited progress
at global level can also be due to very diverging levels of gender
equality and respect for women’s rights in different countries of
the world.
16. Regrettably, and as a consequence of the different speeds
in the advancement in the fight against all forms of discrimination
announced by the World Conferences, the progress made in defending
and improving women’s rights worldwide since 1995 has entered a
phase of a consented stagnation, if not of real retreat.
17. To redress this trend, a more binding system of control and
evaluation than the one established by the world conferences and
the post-Beijing platform needs to be put urgently into practice.
2.2. The Convention on the Elimination of All Forms
of Discrimination against Women
18. The Convention on the Elimination of All Forms of
Discrimination against Women (CEDAW) is the most comprehensive international
human rights instrument addressing discrimination against women
to date. Since its adoption on 6 October 1999, it has been considered
as the reference text in the area of women’s rights. It is the first
binding instrument which defines “discrimination against women”
and asks states to make a commitment to eradicate it. The CEDAW
has been signed by 99 states and 187 have ratified it.
19. The Optional Protocol to the CEDAW, which recognises the competence
of the Committee on the Elimination of Discrimination against Women
to receive complaints from individuals or groups, has been ratified by
103 states, which include all Council of Europe member states with
the exception of Estonia, Latvia, Malta and Monaco.
20. Despite these international commitments, some contradictions
persist between national legislation and the provisions of the convention
as well as other relevant human rights instruments.
21. For example, contrary to the letter and spirit of the CEDAW
and the Convention on the Rights of the Child (1990), several European
countries allow marriage under the age of 18. The statutory age
of marriage should be 18 so as to comply with the CEDAW and the
Convention on the Rights of the Child, and exceptions to this principle,
if foreseen, should be strictly regulated and ensure that there
is no discrimination between women and men in the application of
the principle.
22. An additional matter of concern is that 42 United Nations
member states have made reservations to one or more substantive
articles of the CEDAW.
According
to the information provided by UN Women, “30 Member States have
imposed reservations on article 16, in relation to women’s equal
rights within marriage and in the family; 22 Member States have
reservations in relation to compatibility with religious laws or
traditional codes; 20 Member States have reservations in relation
to articles on women’s equal nationality rights; and 17 Member States
have imposed reservations in relation to article 2, on the elimination
of discrimination, which is the foundation of the Convention”.
23. The Maldives
have
ratified the CEDAW with a reservation regarding equality in marriage
and family life (including the right to decide the number and spacing
of children). According to this reservation, Article 16 of the Convention
concerning the equality of men and women in all matters relating
to marriage and family relations shall apply “without prejudice
to the provisions of the Islamic Sharia, which governs all marital
and family relations of the 100% Muslim population of the Maldives”.
24. In its General Recommendation No. 4, the Committee for the
Elimination of Discrimination against Women expressed “concern in
relation to the significant number of reservations that appeared
to be incompatible with the object and purpose of the Convention”
and suggested “that all States parties concerned reconsider such
reservations with a view to withdrawing them”.
UN
Women noted that the articles of the CEDAW relating to family law
are those on which states have most frequently imposed reservations
citing cultural or religious factors, limiting or excluding the
application of these provisions.
25. Limiting the number of reservations is a way for states to
show their commitment to act for the improvement of the situation
of women and therefore one of the ways of changing realities. States
that have ratified or acceded to the CEDAW are legally bound to
move beyond de jure equality
to achieve de facto equality.
26. Having said this, there are some signs of improvement. According
to UN Women, the trend today is towards the progressive withdrawal
of reservations. For example, Morocco withdrew its reservation to
Article 16 in April 2011. Algeria removed its reservation to Article
9.2 on nationality of children in 2009 and Egypt did likewise in
2008. Malaysia withdrew its reservation to Article 16.2 on child
marriage in July 2010. Luxembourg withdrew its reservations to Article
7 (elimination of discrimination against women in political and
public life)
and
Article 16.1.
g (right to choose
a family name) of the convention on 9 January 2008.
Progress
is slow and international organisations will have to continue their
efforts jointly with civil society to confirm this trend.
27. Further impulse in re-launching political will and action
is needed today also in relation to the CEDAW. Priority objectives
should be:
- limiting or withdrawing
existing reservations which contravene the letter and spirit of
the convention;
- repeal or revise national legislation which is contrary
to the convention;
- ratify the convention’s optional protocol;
- reinforce the convention control mechanism to ensure effective
control on national implementation and strengthen states’ accountability.
2.3. The Millennium Development Goals
28. The Millennium Development Goals (MDGs) agreed at
the Beijing Conference provide an additional framework for action.
In particular, MDGs 2, 3 and 5 make direct reference to the situation
of women in relation to maternal health, education and women’s empowerment.
29. The full achievement of the MDGs, in particular MDG 3 on promoting
gender equality and empowering women and MDG 5 on improving maternal
health appears unlikely by 2015, the year in which all countries should
meet the MDGs.
30. There is a need to revise the state of advancement in relation
to the MDGs, especially of the three relating to the situation of
women. In a recent publication, the United Nations gave an opinion
on the systems to assess progress in the states that have committed
to the MDGs.
In
particular, the report recommends requesting an account of the individual
achievements made by each country.
31. Similarly, the United Nations argues that the MDGs and other
international commitments to women will only be met if gender-responsive
accountability systems are put in place both nationally and internationally.
3. Equality, discrimination, sex and gender: how
semantic quarrels hold back progress in improving women’s real life
32. Disagreement on crucial concepts regarding the status
of women can only further delay substantive progress on the issues
at stake. There is a need to better define the concepts of “equality”
and “discrimination” in order to improve future legal frameworks
for political action. However, concepts of “sex” and “gender” are often
used with no distinction, making the debates around “equality” and
“discrimination” hard to follow.
33. During the recent global meetings addressing women’s rights
such as the annual Commission on the Status of Women (the 55th session
took place from 22 February to 4 March and on 14 March 2011) as
well as the 44th Session of the United Nations Commission on Population
and Development (11-15 April 2011), the internationally agreed notions
of gender have been opposed by a number of countries.
34. This year’s Commission on the Status of Women produced setbacks
in already agreed upon language from the Beijing Platform for Action.
Groups of states including, on the one hand, the Holy See, the Organization
of the Islamic Conference (Qatar, Iran, Yemen, Pakistan, Syria)
and Benin (on behalf of the African Group) and, on the other hand,
Switzerland, the European Union, Turkey and Mexico, disagreed primarily
on terms such as “gender”, “gender mainstreaming”, “gender equality”,
“gender-based analysis”, “sexuality education”, “sexual and reproductive
health”, “maternal health” and “women’s rights”.
35. The Holy See and the African Group had strong misgivings about
the use of these expressions and repeatedly asked for the words
“men and women” to be added after the term “gender”, or a footnote
to be added along these lines in the definition included in the
Beijing Platform for Action. Their underlying concern is not to acknowledge
a notion of gender identity going beyond the biological sexes of
males and females, therefore denying all legal recognition of the
concept of “gender” as a social construct, including gay, lesbian, transgender
and no-gender persons.
36. I find this debate in itself a setback on what has been agreed
so far. The existing definitions of the concepts “gender”, “sex”,
“equality” and “discrimination” are and should be broad enough to
cover different understandings and sensitivities; an exceedingly
narrow definition would shrink the achievements which have been
made so far by a number of states in recognising the rights of lesbian,
gay and transgender people (LGBT). Furthermore, the hours of discussion
that are spent over the meaning of these concepts could be more usefully
spent on improving the day-to-day life of women and all those who
suffer violations of their rights because of their sex, gender or
sexual orientation. In a global context, it is essential to work
towards a total separation between the state and religion so as
to ensure a real advancement of women’s rights.
4. Three critical areas for political action
37. Equality in theory and in practice for women can
only be achieved if all human rights are guaranteed to women in
terms of law and practice. They include:
- the right to life, physical and psychological integrity
and health;
- freedom from all forms of violence;
- education, professional training and equal participation
in all spheres of life.
38. These basic rights are the preconditions for women to participate
equally at all levels of the economic, political, social, cultural
and family spheres of life.
39. Other issues needing close attention and follow-up will not
be covered in the report since they do not affect all geographical
areas in the same way. These issues include:
40. Many countries have made enormous strides in promoting gender
equality, yet women are often denied control over their bodies,
denied a voice in decision making and denied protection from violence.
Justice is still not guaranteed for millions of women and girls.
Globally 53% of working women, that is 600 million in total, are in
precarious jobs or jobs lacking the protection of labour laws. On
average, women are still paid 10% to 30% less than men across all
regions and sectors.
41. Millions of women experience violence in their lifetime, while
the systematic targeting of women for brutal sexual violence is
a feature of modern conflicts.
42. Since the beginning of 2011 the Arab Spring has highlighted
the active role of women in the democratisation process and represented
a “precious opportunity” for women.
However,
revolutions have often been accompanied by serious and systematic
human rights violations, especially violations of women’s rights.
Announcements made in October 2011 in Libya on the use of Sharia
as the basic source of legislation and the plan to remove restrictions
to the law on polygamy
may
lead to a step backwards for women’s rights.
43. While all forms of discrimination towards women deserve special
attention, this report focuses on the three issues that I consider
critical for the future advancement and improvement of women’s status
in every place in the world: the right to life, physical and psychological
integrity and health, the need to fight all forms of violence against
women, and education and empowerment to ensure equal participation
in all spheres of life.
5. The right to life, physical and psychological
integrity and health
5.1. Maternal health
44. The lack of maternal health care violates women's
rights to life, health, equality and non-discrimination. No woman
should die due to inadequate access to family planning or to pregnancy
and delivery care.
45. The Millennium Development Goal 5 on “Improving maternal health”
focuses on reducing maternal mortality and achieving universal access
to reproductive health. According to United Nations reports on progress
made on the MDGs,
MDG
5 is amongst those where the least progress has been made. In fact, globally,
it is the most off-track of all of the Goals, with only 23 countries
likely to achieve it by 2015.
46. The World Health Organization estimates that more than 350 000
women die annually from complications during pregnancy or childbirth,
almost all of them – 99% – in developing countries.
47. Progress in achieving MDG 5 depends upon other MDGs, in particular
MDG 2 on “Achieving Universal Primary Education” and MDG 3 on “Promoting
gender equality and empowering women”. MDG 2, which highlights the
importance of education, is directly linked to maternal health and
mortality as educated women are more likely to seek medical care
during pregnancy, ensure their children are immunised, be better
informed about their children’s nutritional requirements, and adopt
improved sanitation practices.
48. Furthermore, MDG 3, which promotes gender equality and women’s
empowerment, is closely linked to the MDG 5, as gender inequality
is one of the social determinants at the heart of disparity in health
(so-called health inequity). Evidence indicates that investing in
maternal health not only improves a mother’s health, but also increases
the number of women in the workforce and promotes the economic well-being
of communities.
5.2. Access to basic health services, reproductive
health and family planning
49. Indian economist and philosopher Amartya Sen has
denounced the fact that every year 100 million women are “missing”,
in the sense of dying without reason, without anyone trying to estimate
the real economic costs of such human losses.
50. Every year, nearly half a million women die and untold numbers
suffer temporary or long-term disabilities from preventable pregnancy-related
causes. Many maternal health advocates focus only on maternity and antenatal
care, skilled attendance at delivery and emergency obstetric services.
These are clearly critical services, but maternity care is just
one element of the comprehensive sexual and reproductive rights
and health package.
51. While the number of women dying due to complications during
pregnancy and childbirth has decreased by 34% from an estimated
546 000 in 1990 to 358 000 in 2008, the annual rate of decline is
less than half of what is needed to achieve the MDG 5 target of
reducing the maternal mortality ratio by 75% between 1990 and 2015.
52. Pregnant women still die from four major causes: severe bleeding
after childbirth, infections, hypertensive disorders and unsafe
abortion. About 1 000 women died every day due to these complications
in 2008. The risk of a woman in a developing country dying from
a pregnancy-related cause during her lifetime is about 36 times
higher than that of a woman living in a developed country. Some
99% of all maternal deaths in 2008 occurred in developing regions,
with sub-Saharan Africa and South Asia accounting for 57% and 30%
of all deaths respectively.
54. Leaders at all levels can save women’s lives and improve their
health by:
- making sexual and
reproductive health and rights a priority in health policies and
budgets;
- involving women and young people in policy development
and evaluation;
- speaking out against gender inequality, sexual coercion
and violence, and child marriage.
55. About one third of the world’s population is under 19. Typically
denied health services and information, girls are often vulnerable
to unwanted or coerced sex, unwanted pregnancy, unsafe abortion
and sexually transmitted infections. Millions of girls are married
and expected to bear children before they are physically or emotionally
ready.
56. The total cost of investing simultaneously in modern family
planning and maternal and newborn health services to meet existing
needs would be US$24.6 billion, an increase of US$12.8 billion annually.
While this is a little more than double current spending on these
services in the developing world, the total represents only US$4.50
per capita. As with current spending for health care, the additional
funds needed for these services would come from a combination of
domestic and international resources.
57. Funding and political support for strengthening health systems
should increase, and priority should be given to poor women of reproductive
age and their very young children. Sufficient funding has to be
allocated for reproductive health programmes in national budgets
and within co-operation and development projects. Building capacity
to deliver sexual and reproductive health services, including prenatal
and obstetric care, and making services attractive to men and adolescents
will provide a foundation for strengthening health services overall.
58. In contrast, progress can be threatened by political unwillingness
to sustain progress. A contemporary example of retreat in women’s
reproductive rights can be that of the recent amendments to the
Abortion Law in Russia.
For
example, according to new legislation backed by the Russian Orthodox
Church, husbands could be handed the final say over whether their
wives can have an abortion. A new law will place restrictions on
abortion by requiring that clinics warn women of associated health
hazards such as fertility loss.
59. Overall, in Europe, maternal mortality declined to 14.1 deaths
per 100 000 live births in 2008, nearly 50% of the 1990 level. According
to the World Health Organization, a large number of maternal deaths
in the European region are related to mostly preventable causes
like haemorrhage, unsafe abortion and toxaemia.
60. There is a great need throughout the central and eastern European
region to expand the range of contraceptive methods available to
users and to make them affordable to the population, especially
to vulnerable populations, through mechanisms of subsidising prices.
For example, worrying developments have taken place in the Slovak
Republic where in September 2011, the National Council (the Parliament)
adopted provisions to the Act on the Scope and Conditions of Drugs,
Medical Devices and Dietetic Foods Coverage by Public Health Insurance
and on Amending and Supplementing Certain Actsthat
explicitly prohibit any contraceptives used for pregnancy prevention
from being covered by the public health insurance scheme. The Act
also removes section 3 of the Abortion Law which requires that “prescription
contraceptives on prevention of pregnancy, medical examinations,
and follow-up examinations associated therewith shall be provided
to a woman free of charge”.
61. The increasing cost of contraceptives on the open market in
Europe, upon which most women rely, is a concern. Additionally,
access to services for women living in remote areas remains a key
barrier to service utilisation. A lack of information about services
is another major barrier.
62. The highest rate of adolescent pregnancies is found in Bulgaria
(41%), Romania (36%) and the United Kingdom (26%).
In
some European regions, return to traditional practices such as child
marriage is considered one of the factors contributing to the high
rate of teen pregnancies still observed in some countries (e.g.
Azerbaijan, Ukraine and Georgia). Young adolescents are more likely
to die or experience complications in pregnancy and childbirth than
adult women. Moreover, the children of these young mothers have
a higher risk of morbidity and mortality.
63. A recent report by the Inter-Parliamentary Union on “Access
to health as a basic right: the role of Parliaments in addressing
key challenges to securing the health of women and children” called
on the states parties to ensure women’s and children’s right to
health without being subject to discrimination of any kind.
64. On 24 October 2011, in his report “Right of everyone to the
enjoyment of the highest attainable standard of physical and mental
health”,
the
United Nations Special Rapporteur on the right of everyone to the enjoyment
of the highest attainable standard of health posed a fundamental
challenge to laws and policies that limit access to abortion, dictate
a woman’s conduct during pregnancy, restrict comprehensive sexuality education,
and act as a barrier to contraception and family planning information
and services.
65. The report examined the disproportionate impact these laws
and policies have on those who already suffer human rights violations
and the denial of adequate heath care (for example, women, impoverished people),
emphasising individuals’ right to dignity and autonomy in health-related
decision-making. It should be noted that the former Rapporteur on
Health, Mr Paul Hunt, pushed for United Nations Human Rights Council recognition
of maternal mortality as a human rights issue, which can already
be seen in court judgments in India
and
pending judgments in Uganda.
6. The need to fight all forms of violence against
women
66. Violence against women is so widespread and systematic
that it can be defined as pandemic. Freeing women from such a threat,
both in the public and private sphere, is essential to their empowerment.
In every country in the world, women from all classes and cultures
experience sexual, physical and emotional violence.
67. Violence against women is usually perpetrated in places where
women ought to feel safe: at home, at work and even in places under
protection. Violence can be part of the day-to-day existence of
women living in camps for refugees or internally displaced persons.
For example, in Haiti, sexual violence against women is increasing.
An Amnesty International report cites over 250 cases of rape in
displaced persons camps in the first 150 days after the January
2010 earthquake.
68. One in three women will be beaten, coerced into sex, or otherwise
abused in their lifetime.
Violence aggravates
women’s vulnerability to HIV infection, limits women’s access to
life-saving sexual and reproductive health services, and increases
stigma and discrimination.
69. Violence against women is a serious violation of women’s human
rights.
70. General Recommendation No. 19 (1992) on violence against women
of the United Nations Committee on the Elimination of Discrimination
against Women noted that gender-based violence is discrimination
within the meaning of Article 1 of the Convention on the Elimination
of All Forms of Discrimination against Women.
71. The 1993 United Nations Declaration on the elimination of
violence against women provides a very broad and inclusive framework
for studying violence against women. According to this definition:
“Violence against women means any act of gender-based violence that
results in, or is likely to result in, physical, sexual or psychological
harm or suffering to women, including threats of such acts, coercion
or arbitrary deprivation of liberty, whether occurring in public
or in private life”.
Specifically, the
Declaration outlines a broad variety of acts and circumstances that
are included in this definition:
- “Physical,
sexual and psychological violence occurring in the family, including
battering, sexual abuse of female children in the household, dowry-related
violence, marital rape, female genital mutilation, and other traditional
practices harmful to women, non-spousal violence and violence related
to exploitation”;
- “Physical, sexual and psychological violence occurring
within the general community, including rape, sexual abuse, sexual
harassment and intimidation occurring at work, in educational institutions
and elsewhere, and trafficking in women and forced prostitution”;
- “Physical, sexual and psychological violence perpetrated
or condoned by the State, wherever it occurs.”
72. The Declaration recognises that some groups of women are particularly
vulnerable to violence, such as women belonging to minority groups,
indigenous women, refugee women, migrant women, women living in rural
or remote communities, destitute women, women in institutions or
in detention, girl children, women with disabilities, elderly women
and women in situations of armed conflict.
73. Because it is so inclusive, the 1993 Declaration’s definition
of violence against women provides a good conceptual framework for
studying this phenomenon. However, because the types of violence
vary greatly in their characteristics, the methods for collecting
data on violence against women must be adapted according to the
type of violence under study. Particular attention needs to be paid
to addressing forms of violence against women by region, since data
for a number of countries and types of violence remain underreported,
and to assessing the prevalence of violence in certain hard to reach
populations.
6.1. Violence against women and domestic violence
74. During the exchange of views organised at the committee
meeting in Paris on 9 September 2011, Ms Dagmar Schumacher, Director
of the UN Women Office in Brussels, said that some 603 million women
and girls continue to live in countries where there is no specific
legal protection from domestic violence. In Europe, between 8% and
35% of women have experienced physical violence at least once in
their lifetime.
75. On 11 May 2011, the Council of Europe Convention on preventing
and combating violence against women and domestic violence (CETS
No. 210) was opened for signature at the Committee of Ministers
session in Istanbul.
76. Based on the “three Ps” formula (Prevention, Protection and
Prosecution
),
the convention is indeed the most comprehensive instrument in the
world on this subject. At present, only 16 Council of Europe member states
have signed it and Turkey is the only one which has also ratified
it.
All member states should be encouraged
to ratify the Convention as soon as possible, so that it can enter
into force. In addition, more states should be encouraged to sign
and ratify it. This would not only be the sign of a political commitment
to eradicate violence against women but also a sign of the will
to make a real change to women’s lives.
77. When addressing the issue of domestic violence, a number of
elements should be taken into account:
- reporting rates: domestic violence is one of the most
chronically underreported crimes;
- economic impact: according to estimates from the 2001
US National Violence Against Women Survey, the cost of intimate
partner violence exceeded US$5.8 billion each year, US$4.1 billion
of which was for direct medical and mental health services;
- child witnesses: domestic violence is, in the majority
of cases, violence against women conducted by men of their immediate
social environment. Whenever a mother is subjected to violence,
there is a great probability that a child is witnessing this violence.
Every single child exposed to violence at home has his or her own
reactions, but witnessing violence against his or her mother is,
in any case, a form of psychological abuse to a child with potentially
severe consequences.
- sexual assault: sexual assault is closely related to domestic
violence. Sexual assault or forced sex occurs in approximately 40%
to 45% of battering relationships.
78. Within the current European Union regulatory framework, there
is no specific instrument on domestic violence, even if a number
of instruments address the problem in the context of fundamental
rights, gender equality, criminal justice and public health. Because
of its complexity, this pervasive issue requires a more cohesive
European Union-wide strategy to prevent violence and protect women,
as called for by the European Parliament.
79. The European Commission Vice-President, Viviane Reding, has
defined violence against women as a violation of women's fundamental
rights and has showed strong commitment to creating a more coherent
policy framework to combat such violence, and some promising developments
are currently under discussion, such as setting up a European Union-wide
data collection system on violence against women.
80. The economic costs of violence also need to be taken into
consideration. Calculating costs of violence by men against women
is not only about establishing figures, but about providing a holistic
view of the problem.
81. A report by the Swedish National Board of Health and Welfare
(Kostnader för våld mot kvinnor – En samhällsekonomisk analys –
“Costs for violence against women – A socioeconomic analysis”) highlights
that violence against women involves severe economic strain for
a number of social bodies.
82. In Sweden, almost 23 000 cases of maltreatment of women are
reported to the police annually.In addition,
over 2 000 cases of gross violation of women's integrity, almost
18 000 cases of unlawful threats against women and over 15 000 cases
of harassment of women are reported. Many cases go unreported. Children
suffer greatly from violence, either as witnesses or as direct victims.
Around 10% of all children have on at least one occasion experienced
this type of violence and 5% experience it often.
83. In its 2006 report, the National Board of Heath and Welfare
estimated that the cost of violence by men against women amounts
to between 2.7 billion Swedish krona (SEK) and SEK 3.3 billion (297
to 362 million euros) per year in Sweden. This corresponds to between
SEK 35 900 and SEK 44 000 per woman (3 931 to 4 818 euros).
84. The direct costs of this are estimated to be SEK 1 978 – 2 536
(216 to 277 euros), which include hospital treatment, legal costs,
social services, women’s shelters and support groups for crime victims
and corresponding costs in the public sector, as well as support
for treatment of violent men. In addition, there are costs for processing
these cases incurred by central authorities and the social insurance
office. Indirect costs are estimated in the report to be between
SEK 717 million and SEK 764 million (78 to 84 million euros) per year.
To this must be added the value of the loss in production and voluntary
work. In addition to this, the costs of transfers have been estimated
to be SEK 690 million, of which sickness benefit amounts to SEK
347 million. Transfers for economic assistance have been estimated
to be SEK 378 million and for criminal injury compensation SEK 10
million.
85. The costs that have not been included in the study are for
dental care, medicines, injury and pain and suffering of the children
affected by violence. Another extensive issue that has not been
included in the calculations is the cost of psychiatric care. The
results of a British study indicate that these costs are extremely extensive
and if the amounts in this study were to be translated to Swedish
conditions, it is estimated in the report of the National Board
of Health and Welfare that the sum total of the costs presented
in the report would increase.
6.2. Trafficking in human beings for the purpose of
sexual exploitation
86. Within the next 10 years, crime experts expect trafficking
in human beings to surpass drug and arms trafficking in its incidence,
cost to human well-being, and profitability to criminals.
As with
the international drug trade and the illicit arms trade, profit
is the driving motive for human trafficking. As people become vulnerable
to exploitation and businesses continually seek the lowest-cost
labour sources, trafficking in human beings generates profit and
a market for human trafficking is created.
87. The United Nations estimate that approximately 2.5 million
people are being trafficked around the world at any given time,
80% of them being women and children.
According
to the International Labour Organization, the sex industry generates
some US$32 billion annually.
However,
estimates of income generated from prostitution in one city, Las
Vegas, are as high as US$5 billion.
According
to EUROPOL data, this market generates more profits than arms and
drugs because of the zero costs of the “raw material”.
88. According to the Council of Europe Convention on Action against
Trafficking in Human Beings (CETS No. 197):: “Trafficking in human
beings shall mean the recruitment, transportation, transfer, harbouring
or receipt of persons, by means of the threat or use of force or
other forms of coercion, of abduction, of fraud, of deception, of
the abuse of power or of a position of vulnerability or of the giving
or receiving of payments or benefits to achieve the consent of a
person having control over another person, for the purpose of exploitation. Exploitation
shall include, at a minimum, the exploitation of the prostitution
of others or other forms of sexual exploitation, forced labour or
services, slavery or practices similar to slavery, servitude or
the removal of organs.”
89. Indeed, primary victims worldwide are women and girls, the
majority of whom are trafficked for the purpose of sexual exploitation.
Sexual exploitation is by far the most commonly identified form
of trafficking (79%), followed by forced labour (18%).
90. Great economic disparities between countries, together with
limited possibilities for people to ensure their livelihoods, have
fuelled trafficking of women from Africa, Asia, central and eastern
Europe, mainly to western Europe and North America.
91. It is necessary to reflect not only on the reasons behind
trafficking but also on the impact that trafficking for prostitution
has on women. For example, foremost among the health risks of prostitution
is premature death. In a recent study in the United States of almost
2 000 prostitutes followed over a 30-year period, by far the most common
causes of death were homicide, suicide, drug and alcohol-related
problems, HIV infection and accidents – in that order. The homicide
rate among active female prostitutes was 17 times higher than that
of the age-matched general population.
92. There is strong resistance of many actors to recognise that
the presence of “prostitution markets” in destination countries
is a pull-factor for trafficking. Trafficking in human beings is
a real business, with a market, a supplier's side creating monopolies
depending on geographical regions and a product differentiation
with persons who are considered as products. Without the demand
for women in the sex-industry, there would be no prostitution business
and as a result no need for a “supply” chain. According to a study
by the International Organization for Migration, “traffickers take
advantage of the disparity between low wages and lack of employment
opportunities in some areas and the abundant jobs and high wages
in other areas”.
The
United Nations evaluation system established very clearly that the
Swedish system – in which recourse to prostitution is criminalised
– is the only one that really fights against the problem of trafficking
and addresses the issue of demand creating supply.
93. Globally, over the past few years, the number of countries
that have taken steps to implement the foremost international agreement
in this area – the United Nations Protocol against Trafficking in
Persons – has doubled. However, there are still many countries,
particularly in Africa, that lack the necessary legal system and
instruments. The number of convictions is increasing, but not proportionally
to the growing awareness of the problem.
94. There is a way to take action because we know what can work
against the problem. We can begin to defeat sex trafficking if we
severely punish its national and multi-national profiteers, impose
criminal sanctions on its customers, offer a way out to its victims
and create economic alternatives for girls and women who are at
risk.
7. Education, professional training and equal participation
in all spheres of life
95. Education is a human right and an essential tool
for achieving the goals of equality, development and peace. Non-discriminatory
education benefits both girls and boys and thus ultimately contributes
to more equal relationships between women and men. As the Nobel
Laureate of Literature (1991) Nadine Gordimer has stated: “Illiteracy
is poverty of the intellect”.
96. The education of women and children, especially girls, can
create greater opportunities for women to lift themselves out of
poverty and increase their social position. Countries with strong
gender discrimination and social hierarchies limit women’s access
to basic education. According to the latest estimates by the United Nations
Children's Fund (UNICEF), girls make up more than half of the 101
million children of primary school age that are not in school.
97. Even within the household, girls’ education is often sacrificed
to allow male siblings to attend school. An important aspect of
capabilities is the freedom to make informed choices and have opportunities
to achieve goals, and a basic requirement to actively use resources
and information is basic education. This not only enables women
to reduce household poverty, but also increases children’s chances
of education, and enhances maternal health and freedom of movement.
7.1. Illiteracy and access to education for young girls
98. For people around the world, especially women, literacy
is the bridge from devastating poverty to renewed hope. The illiteracy
rate has risen substantially over the past fifty years, but during
the past five years it has become stagnant, hovering around 23%.
One in four adults in the world is illiterate.
99. In spite of the fact that most development agencies identify
women's literacy as the single most important factor in development,
one in every three women in the world cannot read and write. Illiteracy
is not confined to adults; in 1986, 105 million children between
the ages of 6 and 11 were not in school. This activity explores several
aspects of the issue of global literacy: the gender gap; personal
stories of people affected by illiteracy; and programmes that work.
100. The United Nations Educational, Scientific and Cultural Organization
(UNESCO) defines an illiterate person as “someone who cannot, with
understanding, both read and write a short, simple statement on
his or her daily life. A person who can only read but not write,
or can write but not read is considered to be illiterate. A person
who can only write figures, his or her name or a memorized ritual
phrase is also not considered literate” (Beijing Platform).
101. According to the Global Campaign for Education, research shows
that primary education is the minimum threshold needed to benefit
from health information programmes. Not only is a basic education
essential to be able to process and evaluate information, it also
gives the most marginalised groups in society – notably young women
– the status and confidence needed to act on information and refuse
unsafe sex.
A
32-country study found that women with post-primary education were
five times more likely than illiterate women to know facts about
HIV/AIDS. Illiterate women, on the other hand, were four times more
likely to believe that there is no way to prevent HIV infection.
102. Much of the research that has focused on women and education
also shows that post-primary education has the greatest impact,
providing the greatest pay-off for women’s empowerment. Higher levels
of education provide much more than specific information on health
risks. They also provide adults and young people with the larger
life skills they need to make informed choices and to develop both
economic and intellectual independence. Girls and women gain self-esteem
along with knowledge.
103. Education has an impact on young women’s health risks but
can also change women’s lives by:
- reducing
poverty: for example, rural women with no education are twice as
likely to be living in extreme poverty as those who have benefited
from eight or more years of education;
- improving the health of women and their children: educated
mothers make more use of health-care facilities, including the health
services that effectively prevent fatal childhood diseases. Worldwide,
the risk of a child dying prematurely is reduced by around 8% for
each year that its mother spent in primary school;
- delaying marriage: in Bangladesh and Ethiopia, for example,
increasing education has played a vital role in reducing child marriage,
in part by ensuring that girls have access to the information and
social networks that can protect them;
- reducing female genital mutilation (FGM): educated women
are less than half as likely to be subjected to female genital mutilation
and four times more likely to oppose it for their daughters;
- increasing self-confidence and decision-making power:
evidence from across the world shows that although women everywhere
continue to be constrained by unequal power relations, increased education
helps women to gain in status and secure greater decision-making
power in the family and the wider community.
104. Great challenges still remain. Many women – especially girls
– are still excluded from education, and many more are enrolled
in school but are learning too little to prepare them for 21st-century
job markets. In some countries, access to the secondary and higher
education that helps create a skilled and knowledgeable labour force
continues to be limited; even where access is not a problem, the
quality of the education provided is often low.
105. The Fourth World Conference on Women, held in Beijing in 1995,
recognised that women's literacy is key to empowering women's participation
in decision-making in society and to improving families' well-being. In
addition, the United Nations has articulated the Millennium Development
Goals, which include goals for improved education, gender equality,
and women's empowerment. The MDGs emphasise education's essential
role in building democratic societies and creating a foundation
for sustained economic growth.
106. In the increasingly open global economy, various trends (such
as the desire to have a labour force that is skilled but inexpensive)
pose special challenges to women who are illiterate or have limited
education. Economies' export orientation and the growing importance
of small and medium-sized enterprises create opportunities for women;
at the same time, however, women need the appropriate education
and training to take full advantage of these opportunities
.
7.2. Feminisation of poverty
107. The term “feminisation of poverty” originates from
debates in the United States about single mothers and welfare, dating
from the 1970s. It indicates that women represent a disproportionate
percentage of the world’s poor. The United Nations Development Fund
for Women describes it as “the burden of poverty borne by women,
especially in developing countries”.
108. The term “feminisation of poverty” itself is controversial
and has been defined in many different ways. It is normally used
to indicate three distinct facts:
- that
women have a higher incidence of poverty than men;
- that their poverty is more severe than that of men;
- that there is a trend to greater poverty among women,
particularly associated with rising rates of female-headed households.
109. Despite the lack of a precise definition, multilateral and
bilateral development agencies have focused their gender policies
on the connection between gender inequality and an increase in the
incidence of poverty. According to the United Nations Development
Programme, “poverty has a woman’s face, 1.3 billion people living
in poverty, 70% are women”. However, the lack of systematic data
that disaggregates expenditure or consumption by gender weakens
the reliability of such statements. There is a need for further
research in order to find precise evidence behind correlations.
110. There is, however, evidence to demonstrate that because of
the weaker and conditional basis of their entitlements, women are
generally more vulnerable to poverty and, once poor, have less options
in terms of escape. Gender discrimination in the household and the
labour market can result in the unequal distribution of resources,
leading to women experiencing a greater severity of poverty than
men.
111. This concept is not only a consequence of lack of income,
but is also the result of the deprivation of capabilities and gender
biases present in both societies and administrations. This includes
the poverty of choices and opportunities, such as the ability to
lead a long, healthy and creative life, and enjoy basic rights like
freedom, respect, and dignity.
7.3. Equal participation of men and women in family
life
112. Restricted to narrow spheres of activity in the life
of society, denied educational opportunities and basic human rights,
subjected to violence, and frequently treated as less than human,
women have been prevented from realising their true potential.
A
potential that is good for them, their families and society as a
whole.
113. Amartya Sen makes a compelling case for the notion that societies
need to see women less as passive recipients of help and more as
dynamic promoters of social transformation, a view strongly supported
by a body of evidence suggesting that the education, employment
and ownership rights of women have a powerful influence on their
ability to control their environment and contribute to economic
development.
114. A worldwide equal and non-transferable parental leave policy
may seem utopian today. But the results and consequences of such
a policy are too promising for us not to pursue it. There is a range
of research that indicates that an increased degree of sharing of
care work in families results in a whole set of benefits for all parties
involved, including for society as a whole.
115. Numerous studies show that active and regular paternal involvement
with a child predicts a range of positive outcomes, both in terms
of child health and development and the mother’s well-being and
mental health post-partum.
116. A national household survey in Norway from 2006 concluded
that increased paternity leave combined with other efforts to promote
men’s involvement in families resulted in lower violence against
women and children. A study by the Swedish Institute of Labour Market
Policy Evaluation showed that a mother’s future earnings increase
on average by 7% for every month the father takes paternity leave.
117. Paternity and maternity leave have been shown to contribute
to better child health outcomes. Aggregated data for 16 European
countries found that more generously paid parental leave reduces
deaths of infants and young children. The study found that an extra
week of paid maternity leave correlates with a 2% to 3% reduction
in infant mortality rates.
118. There is, of course, a critical issue to address through political
will and action: equality of men and women in taking parental leave
needs to start at the level of the employer-employee relationship.
7.4. Women in politics and decision making
119. Although women in Europe represent an increasingly
high proportion of the labour market, they still remain considerably
under-represented in top management, including in economic and social
decision-making bodies.
It
is not necessary to repeat that progressive measures should be introduced
to enable women to reconcile family and professional responsibilities
without having to choose between them.
120. As to the participation of women in the political sphere,
there are various considerations to look at. First, we would need
to improve female representation to an extent which would allow
women to exercise a real influence on law-making in states. When
presenting the situation of female presence in politics in 2010,
the Inter-Parliamentary Union stated that the introduction of quotas
would be the only efficient way to increase the number of women
in decision-making positions. In that way and in order to achieve
a balanced presence of both sexes in the higher levels of decision
making and politics, it would be necessary to fix quotas for both sexes,
creating a critical mass of both women and men.
121. An increased presence of women in politics is especially necessary
because the absence of balanced representation of men and women
in decision making threatens democratic legitimacy and constitutes
a violation of the fundamental right to equality. The politics of
those responsible reflects their priorities. Leaders participating
in decision making should be representative since the general interest
concerns society as a whole, which is made up of men and women.
122. An adequate proportion of men and women is not itself an objective
but a means to change politics so as to guarantee that all decisions
take into consideration the priorities of the two halves of humanity.
It is true that electoral laws do not have gender equality as their
primary objective, but instead an adequate representation of the
population and therefore of the political parties. It is no less
important that both halves of humanity (men and women) that are
different and equal are represented before the institutions of a
given country in an adequate way. The limitation of the number of
mandates held by one person could effectively contribute to increasing
the participation of women in political life.
123. Among many political factors, it is the strength of women’s
movements and political parties that play an important role, as
they represent the history and the cultural and religious context
of a country. The importance of all these factors is generally accepted,
but this is seldom the case for the electoral systems that are in
a strict sense “the means” by which the voters express their political
preference and the way the votes are translated into mandates/seats.
In fact, certain characteristics of the electoral systems are determinants
for the adequate representation of both sexes because the impact
of quotas is different depending on the modalities of the electoral
systems. According to the conclusions of a report elaborated by
the European Commission for Democracy through Law (Venice Commission),
in general, the countries that apply a system of proportional representation
also have the highest proportion of women within their parliaments.
I
have already addressed this issue in my report on “Increasing women’s
representation in politics through the electoral system”, which led
to the adoption of Assembly
Resolution
1706 (2010).
124. Finally, it should be recalled that educating young people
and children on equality, but also those working in politics, the
press, the legal system and education can considerably improve equality
in both the private and public spheres. Political will is after
all the driving force of all change.
8. UN Women: a higher profile for women’s rights
125. With a view to achieving greater effectiveness and
harmonisation of programmes protecting and advancing women’s rights
worldwide, the United Nations General Assembly voted unanimously
on 2 July 2010 to set up UN Women, the United Nations agency for
gender equality and the empowerment of women (United Nations General
Assembly Resolution 64/289).
126. The former Chilean President, Michelle Bachelet, was appointed
by the United Nations Secretary-General on 14 September 2010 to
head the agency. UN Women is an amalgamation of the Division for
the Advancement of Women (DAW, established in 1946), the International
Research and Training Institute for the Advancement of Women (INSTRAW,
established in 1976), the Office of the Special Adviser on Gender
Issues and Advancement of Women (OSAGI, since 1997) and UNIFEM (established
in 1976).
127. The objectives of UN Women are to:
- expand women’s voice, leadership and participation;
- enhance women’s economic empowerment;
- end violence against women and girls;
- increase women's role in the peace and security agenda;
- make gender equality priorities central to national and
local planning and budgeting.
128. UN Women is present in 80 countries and is looking to expand
its presence worldwide. UN Women is funded both from the United
Nations regular budget and voluntary contributions (governments,
foundations, companies, organisations and individuals). It is deemed
to require an annual operating budget of at least 500 million dollars.
UN
Women received 58 million dollars by way of core resources in 2011.
UN
Women is also active via its national committees, which are present
in 10 Council of Europe member states.
129. Other UN agencies are continuing to work for gender equality
and empowerment, such as the United Nations Development Programme,
the United Nations Children’s Fund and the United Nations Population Fund.
The Human Rights Council special rapporteur on violence against
women and the Special Representative of the United Nations Secretary-General
on sexual violence in armed conflict also play a key role. I also
wish to welcome the appointment by the Human Rights Council, in
March 2011, of the five members of the Working Group on the issue
of discrimination against women in law and in practice.
130. To date, the Council of Europe has signed co-operation agreements
with United Nations specialised agencies such as the International
Labour Organization (1951), the Office of the United Nations High Commissioner
for Refugees (UNHCR) (1952), the United Nations Children’s Fund
(UNICEF) (1952 and 2007), the World Health Organization (1952),
UNESCO (1952), and the Food and Agriculture Organization (FAO) (1956).
In addition, the Council of Europe works closely with the Office
of the United Nations High Commissioner for Human Rights and the
United Nations Development Programme. Although co-operation with UNIFEM
was not formalised, representatives from both organisations have
attended co-ordination and discussion meetings in order to facilitate
day-to-day co-operation. United Nations General Assembly Resolution
63/14 encourages the continuation and development of this co-operation,
including to combat violence against women.
131. Co-operation between UN Women and the Council of Europe could
be formalised through an exchange of letters between the Secretary
General of the Council of Europe and the UN Women Executive Director. Parliamentarians
could have a specific role in promoting the work of both organisations
in their own countries and undertaking to provide assistance in
finding political and financial support. Such co-operation could
be used to promote knowledge of Council of Europe instruments for
the protection of women’s rights worldwide and possibly to encourage
accession. Knowledge of landmark judgments of the European Court
of Human Rights might also be promoted through this channel.
9. Conclusions and recommendations
132. In this report, I have taken stock of the current
situation as regards the implementation of women’s rights worldwide.
I have relied on benchmarks such as the periodic reviews of the
World Conferences on the Status of Women, the state of implementation
of the Convention on the Elimination of All Forms of Discrimination against
Women and progress towards achieving the Millennium Development
Goals. All of them show that progress is slow. In fact, in many
areas, there is no progress, but a significant standstill and in
others even a setback.
133. The Assembly should call for a renewed impetus in making women’s
rights become a reality. It is essential that states bridge the
gap between commitments and tangible results.
134. Inequality and discrimination against women are systematic
and widespread in all areas. However, addressing inequality and
discrimination in some of them is of particular importance because
it can have an impact on the enjoyment of other rights. It is obvious,
therefore, that women’s right to life, health and physical integrity
should be a priority concern, along with their right to live free
from violence and to be given access to instruments for political
and economic empowerment, and above all education.
135. Unfortunately, it is difficult not to have the impression
of a hierarchy between human rights and between different Millennium
Development Goals, and that the implementation of those human rights
and of MDGs which most affect women’s lives is lagging behind.
136. This reminds me of the thinking of the ethnologist and anthropologist
Françoise Héritier, who has pointed out how male dominance is a
constant feature of all human societies, based on sexual discrimination
which places women in a position of inferiority to men.
137. If this is the case, as Ms Héritier says, we have to dissolve
the hierarchy. We have to change people’s mentality. We have to
ensure that our governments are held accountable for lack of effort,
lack of political will and failure to deliver what they have promised,
namely to protect women’s rights and enhance their status. We have
to push women’s rights up to the top of national and global agendas.
We must make our governments accountable, also to women.
138. As politicians, we are in a privileged position to bring about
this change, by working for women’s rights at national level, supporting
the Council of Europe’s efforts to promote equal rights and dignity
for women and men, and helping UN Women, the new agency which gives
a voice to women worldwide, to play its important role.