Reply to Recommendation 1229 (1994) on the equality of rights between men and women

1 June 1994

Doc. 7096

COMMUNICATION FROM THE COMMITTEE OF MINISTERS

Reply to Recommendation 1229 (1994)

on the equality of rights between men and women

(adopted by the Committee of Ministers on 24 May 1994

at the 513th meeting of the Ministers' Deputies)

1. The Committee of Ministers has given close consideration to Parliamentary Assembly Recommendation 1229 (1994) on equality of rights between men and women. At its 508th meeting, it decided to transmit this Recommendation to the governments of member States and to consult the Steering Committee for Equality between Women and Men (CDEG). On the basis of the Steering Committee's opinion, the Committee of Ministers is now able to provide the following response.

2. The Committee of Ministers believes that the Parliamentary Assembly's Recommendation 1229 (1994) attests to the fact that the issue of equality between women and men is prominent on Europe's political agenda and is an acknowledgement that contemporary democracies cannot function as "genuine" democracies without the full participation of women, on an equal footing with men, in all formal and informal democratic processes. Furthermore, the Recommendation is a timely step in the perspective of the 4th World Conference on Women (Beijing, 4-15 September 1995), for which the Council of Europe will prepare a contribution.

3. The Committee of Ministers, while welcoming the Recommendation 1229 (1994), notes that the customary terminology is that of "equality between women and men". This has a broader significance than that of "equality of rights", which may be seen to reduce the issue to one of legal recognition of equal rights of women and men. It is, however, generally recognised in contemporary legal and political doctrine that the gap between de jure equality and the de facto situation of women is wide and that positive action may be required to overcome subsisting inequalities in a variety of areas.

4. With regard to paragraph 8.i, the Committee of Ministers shares the views of the Assembly. In September 1992, it approved specific terms of reference assigned to a group of specialists instructed to draft a "reasoned proposal" for an additional Protocol to the European Convention on Human Rights and Fundamental Freedoms, establishing a fundamental right of women and men to equality. This proposal is due to be finalised in June 1994 at the 8th meeting of the CDEG, with a view to its transmission to the Steering Committee for Human Rights (CDDH), which is the Committee responsible for elaborating additional Protocols to the Convention.

5. With regard to paragraph 8.ii, the Committee of Ministers notes the proposal of the Parliamentary Assembly to overcome the ambiguity of the French term "droits de l'homme". It points out that the CDEG believes that the ambiguity would be dispelled if the term "droits de la personne humaine" were to be employed, notably with regard to natural or legal persons. Broadly speaking, the Committee of Ministers would endorse this proposal, except in the case of existing legal texts which use the term "droits de l'homme".

6. With regard to paragraph 8.iii, the Committee of Ministers declares that it is prepared to do its utmost to step up its work on equality between women and men, notably equal participation in political life and the decision-making process. In this respect, it notes that the CDEG is currently preparing an in-depth study of parity democracy, as part of its more general task of pursuing and intensifying work to achieve de jure and de facto equality. An important stage in this work will be the holding of the conference "Equality and democracy: Utopia or challenge?" (Strasbourg, February 1995) the report of which will be the Council of Europe's main contribution to the 4th World Conference on Women.

The Committee of Ministers points out that the members of the Parliamentary Assembly could play a major role in achieving this objective by giving political impetus for change at national level, including achieving a better balance between women and men in national delegations to the Assembly.

7. With regard to paragraph 8.iv, the Committee of Ministers can assure the Assembly that it has paid particularly close attention to the proposals contained in the annual reports by the Secretary General on equality between women and men in the Council of Europe and that it welcomes the Secretary General's policy in favour of equality within the Secretariat. The third annual report (1993) might provide the Assembly with the opportunity to review progress and to submit further proposals, as appropriate.

As to the presence of women in the representative organs of the Council of Europe, the Committee of Ministers points to the fact that the CDEG has stressed the importance of more balanced representation of women in the organs set up by the legal instruments in the human rights field notably the organs of the European Convention on Human Rights. It would point out that, insofar as it is involved in the procedures of appointment or election to such organs, the Parliamentary Assembly can be instrumental in helping to achieve this objective.

8. With regard to paragraph 8.v, the Committee of Ministers recalls its Recommendation N° R (90) 4 on the elimination of sexism from language, adopted at its 434th meeting (February 1990). It would point out that it has demanded that the Recommendation be implemented not only in the Organisation's official texts and documents, but also in the administrative rules and circular letters. It welcomes the fact that an inter-secretariat group has recently been set up by the Secretary General to work out guidelines for implementation in both official languages throughout the Council of Europe.