Reply to Recommendation 1269 (1995) on achieving real progress in women's rights as from 1995
Doc. 7520
12 April 1996COMMUNICATION FROM THE COMMITTEE OF MINISTERS
adopted by the Committee of Ministers on 3 April 1996 at the 562nd meeting of the Ministers' Deputies
The Committee of Ministers is gratified by the Parliamentary Assembly's interest in equality between women and men and welcomes its Recommendation 1269 (1995) on achieving real progress in women's rights as from 1995. It particularly appreciates the Recommendation's placement of equality in the context of human rights and democracy.
In its message of 11 July 1995 to the United Nations 4th World Conference on Women (Beijing, 4-15 September 1995), the Committee of Ministers took a similar line to the Assembly, reiterating its "commitment to the principle of equality between women and men as a fundamental principle of human rights". This commitment has been given tangible expression in the recent establishment by the Ministers' Deputies of a Rapporteur Group on equality between women and men. By this means, the Committee of Ministers intends to watch over the "equality" dimension in all of the Council of Europe's intergovernmental activities.
The Committee of Ministers also believes that the Parliamentary Assembly could contribute substantially to furthering the equal representation of women and men in politics and public life. Moreover, the Committee of Ministers refers to its reply to Assembly Recommendation 1229 (1994) on equal rights between men and women in which it pointed out that, insofar as the Assembly is involved in the procedures for appointment or election to the bodies provided for by legal instruments in the human rights field, it can itself promote more equal representation of women and men in those bodies.
Equality of rights for men and women is one of the principles championed by the Council of Europe. The participation and representation of women and men in all walks of life must be based on the principle of partnership and sharing rights and responsibilities. Genuine democracy cannot ignore women, whose participation must be placed on an equal footing with men.
The question of the necessity and feasibility of establishing women's and men's fundamental right to equality by means of a protocol to the European Convention on Human Rights (cf paragraph 6.i of the Recommendation) is still being considered by the Steering Committee for Human Rights, which is due to deliver its opinion by 31 December 1996. The Committee of Ministers stresses that examination of this question requires particular care, notably because the inclusion of the right to equality in the European Human Rights Convention would make its observance subject to international judicial proceedings.
Concerning paragraph 6.ii, the Committee of Ministers agrees with the Assembly that there is a need for policies and action geared to addressing the problems of women, particularly the most vulnerable women in our societies. The Steering Committee for Equality between Women and Men (CDEG) is currently drawing up a Pan-European Plan of Action to combat forced prostitution and trafficking in women. Both the Committee of Ministers and the CDEG hope that the Parliamentary Assembly will be able to play an important part in promoting the implementation of this Plan. The CDEG is also preparing, on the basis of the work of a Group of Specialists, a Plan of Action to combat violence against women. In December 1995, the Committee of Ministers approved the establishment by this same Steering Committee of a Group of Specialists on mainstreaming (EG-S-MS). The Group's brief is to define strategies for integrating the equality aspect in all fields of activity and all spheres of life.
Regarding paragraph 6.iii, the Committee of Ministers wishes to inform the Assembly that the Protocol to the European Social Charter providing for a system of collective complaints has already been adopted and is open for signature by the states concerned. This protocol will enable the protection of women's rights to be effectively improved.
With regard to the following paragraph of the Recommendation, the Committee of Ministers notes that some member States' constitutions explicitly recognise men's and women's right to equality. Other States are encouraged to include such a provision in their basic laws. However, it should not be forgotten that equality can also be ensured by other legislative and practical measures.
Paragraph 6.v rightly emphasises the need to treat women as independent individuals. The Committee wishes to assure the Assembly that the work being done in the Council of Europe, and more particularly within the CDEG, favours this approach to equality and seeks to reconcile family life and occupational activity for women and men, both individually and in the organisation and structures of political and public life. In the Appendix to Recommendation No. R (94) 14 on coherent and integrated family policies, adopted on 22 November 1994, the Committee of Ministers stated a number of principles on which family policies must be based. These principles include: taking into account the rights of each member of the family (No. 3), the promotion of equality, including legal equality, between men and women in the home (No. 4) and the promotion by the public authorities of harmonious reconciliation of family life and working life (No. 5).
The Committee of Ministers agrees with the Assembly (paragraph 6.vi) that the effective realisation of equality can be greatly encouraged by the action of appropriate national bodies set up for the purpose. The Assembly itself could play an important part by urging its members actively to support and further the establishment and/or development of equality machinery in their own countries.
Regarding paragraph 6.vii, the Committee of Ministers supports this recommendation but wishes to emphasise that anti-discrimination legislation concerning equality between women and men, particularly at work, already exists in many member States.
The questions raised in paragraphs 6.viii, ix and x were discussed in February 1995 at the Conference on "Equality and Democracy: Utopia or Challenge ?", organised by the Council of Europe as a contribution to European preparations for the 4th World Conference on Women. The Committee of Ministers echoes the appeals of the Assembly and the Beijing Platform for Action for the most widespread and speedy possible accession by States, including Council of Europe member States, to the United Nations Convention on the Elimination of all forms of Discrimination against Women (CEDAW). The Committee of Ministers considers that any reservation which a State cannot avoid must be formulated with the greatest precision so as not to be incompatible with the object and purpose of the CEDAW. The possible drafting of an optional protocol to the CEDAW providing for a right of petition falls within the Beijing Platform for Action.
The Committee of Ministers wishes to assure the Assembly that it will closely monitor the implementation of the Platform of the 4th World Conference on Women in the Council of Europe member states. The Council of Europe's commitment to the protection and further development of human rights oblige it to pay very close attention to effective equality between women and men.
The Committee of Ministers wishes to inform the Assembly that it has forwarded this Recommendation to the Governments of member States and finds it most useful in relation to the implementation of the Beijing Platform in the member States of the Council of Europe.