Committee on the Elimination of Discrimination against Women
Consideration of reports submitted by States parties under article 18 of the Convention on the Elimination of All Forms of Discrimination against Women
Seventh periodic reports of States parties
Brazil * , **
Contents
Paragraphs Page
List of abbreviations3
Introduction1–68
Articles 1, 2 and 37–148
Article 415–2112
Article 522–11513
Article 6116–13927
Article 7140–17032
Article 8171–18537
Article 918638
Article 10187–22339
Article 11224–25646
Article 12257–31553
Article 1331662
Article 14317–33262
Annexes
Social and economic data: figures and tables
List of abbreviations
ADECON:Ação Declaratória de Constitucionalidade (Declaratory Lawsuit of Constitutionality)
AECID:Agência Espanhola de Cooperação (Spanish Cooperation Agency for International Development)
AMB:Associação dos Magistrados Brasileiros (Brazilian Magistrates Association)
ASBRAER:Associação Brasileira das Entidades Estaduais de Assistência Técnica e Extensão (Brazilian Association of State Entities of Technical Assistance and Rural Extension)
ATER:Assistência Técnica e Extensão Rural (Technical Assistance and Rural Extension)
BPW:Federação das Associações de Mulheres de Negócios e Profissionais (Federation of Business and Professional Women ’ s Associations)
CAPES/MEC:Coordenação de Aperfeiçoamento de Pessoal (Coordination for the Improvement of Higher Education Personnel)
CEATS:Centro de Empreendorismo Social e Administração em Terceiro Setor (Centre for Social Entrepreneurship and Third Sector Management)
CEDAW:Convenção sobre a Eliminação de Todas as Formas de Discriminação contra as Mulheres (Convention on the Elimination of All Forms of Discrimination against Women)
CEPAL:Comissão Econômica para a América Latina e o Caribe (Economic Commission for Latin America and the Caribbean)
CIM:Comissão Interamericana de Mulheres (Inter-American Women ’ s Commission)
CLAM/UERJ:Centro Latino-Americano em Sexualidade e Direitos Humanos da Universidade Estadual do Rio de Janeiro (Latin American Center on Sexuality and Human Rights of the State University of Rio de Janeiro)
CNAS:Conselho Nacional de Assistência Social (National Council of Social Assistance)
CNDM:Conselho Nacional dos Direitos da Mulher (National Council of Women ’ s Rights)
CNJ:Conselho Nacional de Justiça (National Justice Council)
CNPM: Conferência Nacional de Políticas para as Mulheres (National Conference on Policies for Women)
CNPq/MCT: Conselho Nacional de Desenvolvimento Científico e Tecnológico (National Council of Scientific and Technological Development)
CONDRAF:Conselho Nacional de Desenvolvimento Rural Sustentável (National Council for Sustainable Rural Development)
CONTAG:Confederação Nacional de Trabalhadores da Agricultura (National Confederation of Agricultural Workers)
CPLP:Comunidade de Países de Língua Portuguesa (Community of Portuguese Language Countries)
CRAS:Centro de Referência de Assistência Social (Social Assistance Reference Centers)
CREAS: Centro de Referência Especializada de Assistência Social (Specialized Social Assistance Reference Centers)
DEPEN/MJ: Departamento Nacional Penitenciário do Ministério da Justiça (National Penitentiary Department of the Ministry of Justice)
DPPF:Departamento de Polícia Rodoviária Federal (Federal Highway Police Department)
ECA:Estatuto da Criança e do Adolescente (Statute of the Child and Adolescent)
EES:Empreendimentos Econômicos Solidários (Solidarity-based Economic Enterprises)
ENFAM:Escola Nacional de Formação e Aperfeiçoamento de Magistrados (National School of Development and Improvement of Magistrates)
EqP:Projeto Escola que Protege (Project Protective School)
ESF:Equipe de Saúde da Família (Family Health Team)
FENAFRA:Feira Nacional da Agricultura Familiar e Reforma Agrária (National Family Agriculture and Agrarian Reform Fair)
FIA:Fundação Instituto de Administração (Institute of Administration Foundation)
FNDE: Fundo Nacional de Desenvolvimento da Educação (National Fund for the Development of Education)
FONAVID: Fórum Nacional dos Juizados de Violência Doméstica e Familiar contra a Mulher (National Forum of Special Courts for Domestic and Family Violence against Women)
GT:Grupo de Trabalho (Working Group)
GTI:Grupo de Trabalho Interministerial (Interministerial Working Group)
IBAM:Instituto Brasileiro de Administração Municipal (Brazilian Institute of Municipal Administration)
IBGE:Instituto Brasileiro de Geografia e Estatística (Brazilian Institute of Geography and Statistics)
IES:Instituições de Ensino Superior (Higher Education Institutions)
IML:Instituto Médico Legal (Institute of Forensic Medicine)
INCRA:Instituto Nacional de Colonização e Reforma Agrária (National Institute for Colonization and Agrarian Reform)
INCT:Instituto Nacional de Ciência e Tecnologia de Inclusão do Ensino Superior (National Institute of Science and Technology for Inclusion in Higher Education)
INEP/MEC:Instituto Nacional de Estudos e Pesquisas Educacionais do Ministério da Educação (National Institute for Educational Studies and Research of the Ministry of Education)
INFRAERO:Empresa Brasileira de Infraestrutura Aeroportuária (Brazilian Company of Airport Infrastructure)
INSS:Instituto Nacional do Seguro Social (National Institute of Social Security)
IPEA:Instituto de Pesquisa Econômica Aplicada (Institute of Applied Economic Research)
LGBTTT:Lésbicas, Gays, Bissexuais, Travestis, Transexuais e Transgêneros (Lesbians, Gays, Bisexuals, Transvestites, Transsexuals and Transgender Persons)
MCT:Ministério da Ciência e Tecnologia (Ministry of Science and Technology)
MDA:Ministério do Desenvolvimento Agrário (Ministry of Agrarian Development)
MDS: Ministério do Desenvolvimento Social e Combate à Fome (Ministry of Social Development and Fight against Hunger)
MEC:Ministério da Educação (Ministry of Education)
MERCOSUL:Mercado Comum do Sul (MERCOSUR – Southern Common Market)
MESECVI:Mecanismo de Seguimento da Convenção de Belém do Pará (Follow-up Mechanism of the Convention of Belém do Pará)
MinC:Ministério da Cultura (Ministry of Culture)
MJ:Ministério da Justiça (Ministry of Justice)
MRE:Ministério das Relações Exteriores (Ministry of Foreign Affairs)
MS:Ministério da Saúde (Ministry of Health)
MSTTR:Movimento Sindical de Trabalhadores e Trabalhadoras Rurais (Rural Landless Workers ’ Movement)
MT:Ministério do Transporte (Ministry of Transport)
MTE: Ministério do Trabalho e Emprego (Ministry of Labor and Employment)
MTur:Ministério do Turismo (Ministry of Tourism)
NASF:Núcleo de Apoio à Saúde da Família (Support Center for Family Health)
NEIM/UFBA: Núcleo de Estudos Interdisciplinares sobre a Mulher da Universidade Federal da Bahia ( Nucleus for Interdisciplinary Studies on Women of the Federal University of Bahia)
NETP:Núcleo de Enfrentamento ao Tráfico de Pessoas (Nucleus for Combating Human Trafficking)
OEA:Organização dos Estados Americanos (Organization of American States)
OIT:Organização Internacional do Trabalho (International Labor Organization)
ONG:Organização Não Governamental (NGO – Non-Governmental Organization)
PAF:Programa Nacional de Atenção aos Portadores de Anemia Falciforme e outras Hemoglobinopatias (National Care Program for Sickle Cell Disease Patients and other Hemoglobinopathies)
PAIF:Programa de Atenção Integral à Família (Integral Family Care Program)
PAISM: Programa de Atenção Integral à Saúde da Mulher (Integral Women ’ s Health Attention Program)
PIBIC:Programa Institucional de Bolsas de Iniciação Científica (Institutional Programs of Scientific Initiation Scholarships)
PLANSEQ:Plano Setorial de Qualificação (Sector Qualification Plan)
PNDTR:Programa Nacional de Documentação da Trabalhadora Rural (National Female Rural Workers ’ Documentation Program)
PNETP:Plano Nacional de Enfrentamento ao Tráfico de Pessoas (National Plan to Combat Human Trafficking)
PNLD:Programa Nacional do Livro Didático (National Textbook Program)
PNPM:Plano Nacional de Políticas para as Mulheres (National Plan of Policies for Women)
PNQ:Plano Nacional de Qualificação (National Qualification Plan)
PNSIPN:Política Nacional de Saúde Atenção Integral da População Negra (National Policy on Integral Health for the Black Population)
PNRA:Plano Nacional da Reforma Agrária (National Plan for Agrarian Reform)
PNTD:Plano Nacional de Trabalho Decente (National Plan for Decent Work)
PNTD:Programa das Nações Unidas para o Desenvolvimento (United Nations Development Programme)
POPMR:Programa de Organização Produtiva das Mulheres Rurais ( Program for Productive Organization of Rural Women)
PPA:Plano Plurianual (Multiyear Plan)
PPIGRE:Programa de Promoção da Igualdade de Gênero, Raça e Etnia e da Secretaria de Desenvolvimento Territorial (Programme of Promotion of Gender, Race and Ethnic Equality of the Secretary of Territorial Development)
PROLIND:Programa de Formação Superior e Licenciaturas Indígenas (Program for Indigenous Higher Education and Graduation)
PRONAF: Programa Nacional de Fortalecimento da Agricultura Familiar (National Program for the Strengthening of Family Agriculture)
PRONASCI: Programa de Segurança Pública com Cidadania (National Program for Public Safety and Citizenship)
PRONATER: Programa Nacional de Assistência Técnica e Extensão Rural (National Technical Assistance and Rural Extension Program)
PSE: Programa Saúde na Escola (Health in School Program)
PTDC: Plano Trabalho Doméstico Cidadão (Citizen Domestic Work Plan)
REM:Reunião Especializada de Mulheres do MERCOSUL (Specialized Women ’ s Conference of MERCOSUR)
RENAESP: Rede de Altos Estudos em Segurança Pública (National Network of Advanced Studies on Public Safety)
SAMU: Serviço de Atendimento Móvel de Urgência (Emergency Mobile Healthcare Service)
SEB/MEC: Secretaria de Educação Básica do Ministério da Educação (Secretariat for Basic Education of the Ministry of Education)
SEBRAE: Sistema Brasileiro de Apoio às Micro e Pequenas Empresas (Brazilian Micro and Small Business Support Service)
SECAD/MEC: Secretaria de Educação Continuada, Alfabetização e Diversidade do Ministério da Educação (Secretariat of Continuing Education, Literacy and Diversity of the Ministry of Education)
SEDH/PR: Secretaria Especial dos Direitos Humanos (Special Secretariat for Human Rights)
SENAES/MTE: Secretaria de Economia Solidária do Ministério do Trabalho e do Emprego (Secretariat of Solidarity Economy of the Ministry of Labor and Employment)
SENASP/MJ: Secretaria Nacional de Segurança Pública do Ministério da Justiça (National Secretariat of Public Safety of the Ministry of Justice)
SEPPIR/PR: Secretaria Especial de Políticas de Promoção da Igualdade Racial (Special Secretariat of Policies for the Promotion of Racial Equality)
SIM: Sistema de Informação de Mortalidade (Mortality Information System)
SIPRA: Sistema de Processamento de Informações da Reforma Agrária (Agrarian Reform Information Processing System)
SISNAC: Sistema de Informação de Nascidos Vivos (Live Births Information System)
SNJ/MJ: Secretaria Nacional de Justiça do Ministério da Justiça (National Secretariat of Justice of the Ministry of Justice)
SOF: Sempreviva Organização Feminista (Evergreen Feminist Organization)
SPDCA/SEDH: Subsecretaria de Promoção dos Direitos da Criança e do Adolescente da Secretaria Especial de Direitos Humanos (Under-Secretariat for the Promotion of the Rights of Children and Adolescents of the Special Secretariat for Human Rights)
SPM/PR: Secretaria Especial de Políticas para as Mulheres da Presidência da República (Special Secretariat of Policies for Women of the Presidency of the Republic)
SRJ/MJ: Secretaria de Reforma do Judiciário do Ministério da Justiça (Judicial Reform Secretariat of the Ministry of Justice)
SUAS: Sistema Único de Assistência Social (Single System of Social Assistance)
SUBPAA/SEPPIR: Subsecretaria de Políticas de Ações Afirmativas (Under-Secretary of Affirmative Action Policies)
SUS: Sistema Único de Saúde (Unique Health System)
TSE: Tribunal Superior Eleitoral (Superior Electoral Court)
UAB: Sistema Universidade Aberta do Brasil (Open University of Brazil System)
UCI: Unidade de Cuidados Intermediários (Intermediate Care Unit)
UNFPA: Fundo de População das Nações Unidas (United Nations Population Fund)
UNICEF: Fundo das Nações Unidas para a Infância (United Nations Children ’ s Fund)
UNIFEM: Fundo de Desenvolvimento das Nações Unidas para a Mulher (United Nations Development Fund for Women)
UNODC: Escritório das Nações Unidas contra Drogas e Crime (United Nations Office on Drugs and Crime)
UTI: Unidade de Tratamento Intensivo (Intensive Care Unit)
Introduction
1.In the period of this report — 2006 to 2009 — we should emphasize the change of status of the Secretariat, which no longer is “Special” and now is a part of the structure of the Presidency of the Republic as an “essential organ” according to Provisory Measure (Medida Provisória) No. 483/2010.
2.Another new fact is that the heads of the Secretariat are a part of the Council for Economic and Social Development (CDES). The CDES is presided over by the President of the Republic and has a consultative character, with the task of proposing the measures necessary to promote the growth of the country.
3.The International Women’s Day (March 8, 2010) was commemorated by the Secretariat of Policies for Women (SPM) with a cultural program in Leopoldina Station in Rio de Janeiro, with the slogan “More Autonomy, More Citizenship and Less Violence for Brazilian Women.” The event marked the occasion of the commemorative closing and gathered together more than 6,000 women. It enjoyed the participation of Minister Nilcea Freire and the President Luiz Inacio Lula da Silva.
4.On this occasion a Protocol of Intentions was signed which foresees the installation of a work group to analyze the creation of the Brazilian Women’s Memorial. The space should function as an interactive museum with the registration of the participation of women in episodes of the history of the country.
5.Another matter stressed is the balance of the policies for women, made by the SPM. Since its creation in 2003, the SPM has articulated the promulgation of 46 new normative instruments for the benefit of Brazilian women — especially the Maria da Penha Law stands out — the increasing of the maternity leave to 180 days and the mini-electoral reform.
6.In the actions for the prevention and combat of violence, the number of attendances made by the Central Telephone for Attention to Women “Call 180” – 923,878 attendances and also the growth of 179% in the Network of Attention to Women in a Situation of Violence.” Today there are 68 shelter houses, 146 Centers of Reference, 56 nuclei for Specialized Attention of the Public Defender’s Offices, 475 police stations or police posts specialized in attention to women, 147 specialized judicial sections for domestic and family violence against women, 19 nuclei of State Public Ministries specialized in violence, 8 Nuclei for Combating the traffic of persons and seven services of making the aggressor responsible for his acts.
Articles 1, 2 and 3
7.As noted in previous reports, all Brazilian federal legislation is valid and obligatory nationwide. The states and the Federal District must comply with federal laws, and the municipalities with federal and state laws. The Union, the States, the Federal District and the Municipalities — the four federal entities — are endowed with political, administrative and financial autonomy, and have the ability to self-organize, since each one exercises a share of political power from the Brazilian State.
8.The Brazilian system is based on the principle of equality. The Federal Constitution, promulgated in 1988, in its 5th article, states that “men and women have equal rights and obligations”, thus establishing the fundamental basis of equality between men and women in our country. Also in its Article 7, the Federal Constitution prohibits the difference in wages, functions and criteria for employment due to sex, age, color or marital status. Several investments are still being made towards the elimination of discriminatory provisions contained in different codes and laws of Brazil, as will be specified throughout this report.
9.The Brazilian government also has been promoting a process of judicial reform with the main objective of allowing greater flexibility and transparency in the administration of justice in the country. Among the important measures of the Judicial Reform, the highlight gives to the Attorney-General of the Republic the ability to move any proceeding or investigation to the Federal Court in cases of serious violations against human rights. Such measure is intended to “federalize” crimes in order to prevent that local justices perpetuate impunity — as has occurred in several cases referred to international courts — and ensure fulfillment of the obligations due from international treaties signed by Brazil.
10.The female caucus of the House and Senate is the national mechanism for gender equality in the Legislature, acting in partnership with the Special Secretariat of Policies for Women of the Presidency of the Republic (SPM/PR), in order to develop strategies to increase women’s participation in positions of power and decision-making. The female caucus in the National Congress continues to work in close coordination with the SPM/PR, conducting workshops and public hearings, creating special committees, proposing and accelerating the processing of legislation of interest to Brazilian women.
11.The female caucus of the House of Representatives, which has official representation in the College of Leaders of the House, is currently composed of 45 female deputies from 11 parties. In the Senate, the caucus is composed by 10 female senators from four parties (see Article 7). The female caucus has been working to include the gender discussion in all major subjects of the House agenda, such as the economic crisis, the political reform and the changes in the Civil Code. The caucus is an important achievement for the female deputies because it shows how much they are advancing in their claims and that now they can be formally heard in the most important legislative decisions.
12.Among the legal provisions approved in the period covered by this report, we highlight the Law 11,340/2006, the Maria da Penha Law of August 7, 2006, which establishes mechanisms to restrain the domestic and family violence against women under the terms of § 8 of article 226 of the Constitution, the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and the Inter-American Convention on the Prevention, Punishment, and Eradication of Violence against Women (Convention of Belém do Pará, 1994); makes provision about the creation of Special Courts for Domestic and Family Violence against Women; changes the Code of Criminal Procedure, the Penal Code and the Penal Execution Law, and other measures.12. The law is available at: http://www.planalto.gov.br/ccivil_03/_Ato2004-2006/2006/Lei/L11340.htm
13.Other laws passed during the period that strengthened the women’s social developments were:
Law No. 11,804, of November 5, 2008, which regulates the right to food support for pregnant women and how it is exercised and other measures. Available at:
http://www.planalto.gov.br/ccivil_03/_Ato2007-2010/2008/Lei/L11804.htm
Law No. 11,770 of September 9, 2008, which establishes the Corporate Citizenship Program to extend maternity leave by granting tax incentives and amends the Law No. 8,212, of July 24, 1991. Available at:
http://www.planalto.gov.br/ccivil_03/_Ato2007-2010/2008/Lei/L11770.htm
Law No. 11,695 of May 12, 2008, which establishes National Mammography Day. Available at:
http://www.planalto.gov.br/ccivil_03/_Ato2007-2010/2008/Lei/L11695.htm
Law No. 11,664 of April 29, 2008, which disposes about the execution of health activities to ensure the prevention, detection, treatment and monitoring of breast and cervical cancer within the Single Health System (SUS) Available at:
http://www.planalto.gov.br/ccivil_03/_Ato2007-2010/2008/Lei/L11664.htm
Law No. 11,634 of December 27, 2007, which disposes about the right of pregnant women to know and to have a connection with the maternity ward where will receive assistance under the Single Health System (SUS). Available at:
http://www.planalto.gov.br/ccivil_03/_Ato2007-2010/2007/Lei/L11634.htm
Law No. 11,489 of June 20, 2007, establishing December 6 as the National Mobilization Day for Men to End Violence against Women. Available at:
http://www.planalto.gov.br/ccivil_03/_Ato2007-2010/2007/Lei/L11489.htm
Law No. 11,441 of January 3, 2007, which amends provisions of Law 5,869 of January 11, 1973 – the Civil Procedure Code, allowing for the realization of probate, the division of property, consensual separation and consensual divorce administratively. Available at:
http://www.planalto.gov.br/ccivil_03/_Ato2007-2010/2007/Lei/L11441.htm
Law No. 11,324 of July 19, 2006, which amends provisions of Law No. 9,250 of December 26, 1995; Law 8,212 of July 24, 1991; Law 8213 of July 24, 1991; and Law 5,859 of December 11, 1972; and revokes provisions of Law No. 605 of January 5, 1949. It deals with the deduction by the domestic employer from his income tax of his part of the contribution paid to Social Security as a domestic employer. Available at:
http://www.planalto.gov.br/ccivil_03/_Ato2004-2006/2006/Lei/L11324.htm
Law No. 11,261 of December 30, 2005, declaring the writer Rose Marie Muraro as National Patron of Feminism. Available at:
http://www.planalto.gov.br/ccivil_03/_Ato2004-2006/2005/Lei/L11261.htm
Law No. 11,112 of May 13, 2005, amending Article 1,121 of Law No. 5,869 of January 11, 1973 – The Civil Procedure Code, to include as an indispensable prerequisite to the application of consensual separation the agreement between the spouses on the visits schedule to younger children. Available at:
http://www.planalto.gov.br/ccivil_03/_Ato2004-2006/2005/Lei/L11112.htm
Law No. 11,111 of May 5, 2005, which regulates the final part of the provisions of section XXXIII of the chapter heading of Article 5 of the Federal Constitution and other measures. Available at:
http://www.planalto.gov.br/ccivil_03/_Ato2004-2006/2005/Lei/L11111.htm
Law No. 11,108 of April 7, 2005, amending Law No. 8,080 of September 19, 1990, to ensure to women in childbirth the right to have the presence of a companion during labor, delivery and immediately after delivery under the Single Health System – SUS. Available at:
http://www.planalto.gov.br/ccivil_03/_Ato2004-2006/2005/Lei/L11108.htm
Law No. 11,106 of March 28, 2005, amending articles 148, 215, 216, 226, 227, 231 and adding article 231-A to Decree-Law 2,848 of December 7, 1940 – the Criminal Code and other Measures. Available at:
http://www.planalto.gov.br/ccivil_03/_Ato2004-2006/2005/Lei/L11106.htm
14.The publication of the following decrees in the period of coverage of this report also should be noted:
Decree No. 6,690 of December 11, 2008, establishing the Program for Extension of Maternity Leave to Pregnant and Adoptive parents, establishing the criteria for adhering to the program and other measures. Available at:
http://www.planalto.gov.br/ccivil_03/_Ato2007-2010/2008/Decreto/D6690.htm
Decree No. 6,572 of September 17, 2008, which gives new wording to article 4 of Decree No. 5390 of March 8, 2005, approving the National Plan of Policies for Women – PNPM and establishing the Committee for Coordinating and Monitoring. Available at:
https://www.planalto.gov.br/ccivil_03/_ato2007-2010/2008/decreto/d6572.htm
Decree No. 6,481 of June 12, 2008, which regulates articles 3, paragraph “d”, and article 4 of Convention 182 of the International Labor Organization (ILO), which deals with the prohibition of the worst forms of child labor and immediate action for its elimination, approved by Legislative Decree No. 178 of December 14, 1999, and promulgated by Decree No. 3,597 of September 12, 2000, among other measures. Available at:
https://www.planalto.gov.br/ccivil_03/_Ato2007-2010/2008/Decreto/D6481.htm
Decree No. 6,412 of March 25, 2008, which disposes about the composition, structure, powers and functioning of the National Council of Women’s Rights – CNDM, and other measures. Available at:
http://www.planalto.gov.br/ccivil_03/_Ato2007-2010/2008/Decreto/D6412.htm
Decree No. 6,387 of March 5, 2008, approving the Second National Plan of Policies for Women – II PNPM and other measures. Available at:
http://www.planalto.gov.br/ccivil_03/_Ato2007-2010/2008/Decreto/D6387.htm
Decree No. 6,384 of February 27, 2008, which gives new wording to item 6 of article 16 of Social Security Regulation, passed by Decree No. 3,048 of May 6, 1999 with the following wording for item 6: “ A stable union is considered to be one established by living publicly, continuously and lastingly between a man and a woman, with intention to form a family, observing item 1 of article 1,723 of the Civil Code, as established by Law No. 10,406 of January 10, 2002.” Available at:
https://www.planalto.gov.br/ccivil_03/_Ato2007-2010/2008/Decreto/D6384.htm
Decree No. 6,307 of December 13, 2007, which disposes about the eventual benefits which are dealt with in article 22 of Law No. 8742 of December 7, 1993. Available at:
https://www.planalto.gov.br/ccivil_03/_ato2007-2010/2007/decreto/d6307.htm
Decree No. 6,269 of November 22, 2007, which amends and adds provisions to Decree 5,390 of March 8, 2005, which approves the National Plan of Policies for Women – PNPM and establishes the Committee for Coordination and Monitoring. Available at:
https://www.planalto.gov.br/ccivil_03/_Ato2007-2010/2007/Decreto/D6269.htm
Decree of August 17, 2007, which convened the Second National Conference on Policies for Women. Available at:
http://www.planalto.gov.br/ccivil_03/_Ato2007-2010/2007/Dnn/Dnn11176.htm
Decree No. 6,122 of June 13, 2007, which gives new wording to articles 97 and 101 of Social Security Regulation, as passed by Decree No. 3,048 of May 6, 1999. Available at:
http://www.planalto.gov.br/ccivil_03/_Ato2007-2010/2007/Decreto/D6122.htm
Decree No. 5,948 of October 26, 2006, which approves the National Policy to Combat Human Trafficking and establishes the Interministerial Working Group with the aim of drawing up a proposal of the National Plan to Combat Human Trafficking – PNETP. Available at:
https://www.planalto.gov.br/ccivil_03/_Ato20042006/2006/Decreto/D5948.htm
Decree No. 6,347 of January 8, 2008, which approves the National Plan to Combat Human Trafficking PNETP and establishes the Advisory Evaluation and Dissemination Group of the Plan. Available at:
http://www.planalto.gov.br/ccivil_03/_Ato2007-2010/2008/Decreto/D6347.htm
Decree No. 7,052 of December 23, 2009, regulating Law No. 11,770 of September 9, 2008, which established the Corporate Citizenship Program, designed to extend maternity leave to female workers of legal entities. Voluntary program for private sector companies to post-puerperal women and adoptive mothers. Available at:
https://www.planalto.gov.br/ccivil 03/ato 2007-2010/2008/decreto/d7052.htm
Article 4
15.Important actions have been undertaken in order to contribute to the consolidation of an integrated national policy for social inclusion and reduction of social inequalities generating jobs, income and employment, promotion and expansion of citizenship, with specific policies for segments with particular needs and demands such as rural, black and disabled women among others. In 2009, the Special Secretariat of Policies for the Promotion of Racial Equality (SEPPIR/PR) and the National Council of Scientific and Technological Development (CNPq/MCT) signed a partnership agreement with the Ministry of Education (MEC), a document of commitment for the creation of the National Institute of Science and Technology for Inclusion in Higher Education (INCT). The Institute will be built as an observatory of affirmative measures and other policies to promote racial equality.
16.According to a survey conducted by INCT about the Inclusion in Higher Education, headed by the professor of University of Brasilia José Jorge de Carvalho, Brazil currently has more than 22,000 black students enrolled in public colleges thanks to racial quotas. The number represents 1.7% of the total 1,240,968 students enrolled in public Higher Educational Institutions recorded in the Higher Education Census of 2007 – the census gathers data from 2008 and referred to the situation observed in 2007.
17.According to Carvalho, in the last seven years more black persons enrolled in public universities than in the previous 20 years. 37.3% of the 249 public institutions in Brazil already offer affirmative measures such as bonus score in tests and quotas for low-income students or for those coming from public schools. Among these institutions, 26.9% offer quotas to black persons and Indians.
18.CNPq/MCT listed the 47 public universities benefited from the quota system that will adopt the Institutional Programs of Scientific Initiation Scholarships (PIBIC) on affirmative measures. It is a pilot project consisting of 600 scholarships of R$ 360 per month for one year. The resources began to be destined to higher educational institutions from 24 states in the second half of 2009. Minas Gerais and Bahia are the ones with the largest number of institutions covered: five each.
19.The goals of the PIBIC scholarship on affirmative actions are to expand the opportunity for scientific education, foster research and encourage students to remain in academia. The choice prioritized universities that are pioneering in racial and social quotas and score bonus – criteria added to the existing standards.
20.Another objective of the CNPq/MCT is to correct a distortion. In Brazil, the rate of scientific production has grown 200% over the past 10 years, rising from just over 10,000 to 30,145 articles indexed by the Institute for Scientific Information (ISI). However, the ethnic/racial invisibility of other sectors of society is also reproduced in the field of knowledge.
21.Regarding maternity leave, on 9 September 2008, Law No. 11,770 was enacted, establishing the Corporate Citizenship Program. This law enables and specifies the condition for extension of maternity leave for a period of 180 days voluntarily by private companies and all public administration spheres. In December 2008, the Federal Government started to implement the six months maternity leave for its female public servants and, as a result of women’s struggle in the states, various state and local public administrative bodies joined the maternity leave of 180 days, a total of 14 units of the federation and 108 municipalities.
Article 5
22.Regarding the fight against violence in Brazil, we highlight the importance of the development and implementation of the National Policy for Combating Violence against Women from 2003. This policy aims to establish concepts, principles and guidelines to ensure a joint and integrated operation of the Brazilian State in preventing, combating, assisting and enforcing women’s rights in situations of violence, according to standards and international human rights instruments, and the country’s current law. Indeed, since then the actions to fight violence against women ceased to be restricted to public safety, justice and social assistance and started to involve different sectors of the State.
23.Developed and implemented by the SPM/PR since 2003, the National Policy advocated conceptual and political fundamentals for the Brazilian response to the issue of violence against women, ensuring in the implementation of public policies that address the issue with an inter-sector approach, in which the gender, ethnic-racial, income class and generation dimensions are recognized, highlighted and addressed. The creation of a National Policy on Combating Violence against Women has brought investments in opening new services (Reference Centers, Women’s Public Defender’s Office, Specialized Courts, Specialized Police, Shelters, Health Services and Civilian Police, among others) and the consolidation of a Network of Specialized Care to provide integral assistance to women victims of violence.
24.As part of the consolidation of the National Policy on Combating Violence against Women in Brazil during the 2005 to 2008 period, three political milestones of high visibility and effectiveness stand out: (a) the creation of the Women’s Call Center number 180, (b) the enactment of Law 11,340 – the Maria da Penha Law, and (c) the installation of the National Pact on Combating Violence against Women in different states and municipalities.
Women’s Call Center number 180
25.The Women’s Call Center number 180 is intended to receive reports of violence and complaints on network services, as well as guiding the women about their rights and sending them to the Assistance Network for Women in a Situation of Violence when necessary. The Call Center works through the 180 number, characterized as a public utility emergency service, and can be accessed for free from any telephone terminal (mobile or landline, private or public) every day of the week, including Sundays and holidays, 24 hours a day. The number 180 arose from a demand of the 10,714 Law of 13 August 2003, which authorizes the Executive to make available a nationwide telephone service to receive reports of violence against women. This service has proved itself to be an important tool for analyzing the phenomenon of violence against women, besides producing information about the care provided, turning itself into an instrument that subsidizes the refinement or formulation of public policies to address violence against women.
26.The Call Center collects registration data from women seeking the service (age range, level of education, marital status, race/color, among others) and standardized details about all services provided. The calls can be classified as: (a) information: transfer of technical information related to the subject, answered based on database queries, (b) reports of violence: every record of events related to acts of violence reported by people seeking the Call Center, (c) complaints: record of criticisms about the inadequate functioning of the women’s care network services, (d) compliments: record of satisfaction expressions from its users in relation to the network services all over the country, (e) suggestions: record of tenders received for improvement or actions to combat violence against women and (f) services: routing the clients to the women’s care network services.
27.Another special feature that should be highlighted concerns the methodology to route the complaints received. For every call received by the Call Center, in particular, for each routing to network services, the attendants guide the women so that if they do not receive appropriate care services they may call 180 again to report the type of difficulty found. It is important to note that all complaint records are sent to the PMS/PR Ombudsman’s Office, which receives updated records of the service and forwards and/or investigates them according to the case.
28.Since its creation, the Call Center has presented a significant increase in the volume of calls received and aid given. Between 2006 and 2009, there was an increase of approximately 1,890% on total aid given, from nearly 46,423 in the first year of operation of the service to 401,729 in 2009. Such evolution seems to happen not only because of technological and methodological improvements implemented over the first three years of the Call Center, but also by the approval of the Maria da Penha Law and dissemination of the service. (See the annexed table 1.2 and graph 1.1.)
29.Considering the growing demands and the intense propaganda of the service, in December 2009 there was a new expansion of the Call Center. Today the 180 Call Center has a capacity of 80 service positions with 90 channels for receiving telephone calls and 60 active channels for external calls. All telephony bundles have VoIP technology and an area of Management Support has created services to increase the monitoring of the women’s care network and follow up the demands of the complaints registered with the Call Center itself.
The Maria da Penha Law – Law 11,340
30.As explained in the sixth national Brazilian report (covering the 2001–2005 period), in early 2004 the SPM/PR instituted and coordinated a Interministerial Working Group to prepare a bill dealing with mechanisms to restrain domestic violence against women (Decree 5,030 of March 31, 2004).
31.This Interministerial Working Group used the bill prepared by the Feminist Consortium of Non-Governmental Organizations (NGOs) as a subsidy for their discussions, besides listening to various representatives of bodies directly involved in the issue. After extensive debate and seminars on November 25, 2004, the SPM/PR sent Bill No. 4,559 to the Speaker of the House of Representatives.
32.This project initially went to the Commission on Social Security and Family. The congresswoman Mrs. Jandira Feghali, rapporteur of the project, then held public hearings in the five regions of Brazil, presenting at the end a Substitute to the Executive Bill.
33.The Substitute was unanimously approved by the Commission on Social Security and Family, the Commission on Finance and Taxation and the Commission on Constitution and Justice, all from the House of Representatives. New changes to the wording were carried out in the Commission on the Constitution and Justice of the Senate (PLC0037/2006), converting it to Law 11,340 later. Sanctioned by the President of the Republic on 7 August 2006, it was named Maria da Penha Law.
34.The Law 11,340/2006, which focuses on the restraining of “domestic and family violence against women”, is a major historical achievement in the affirmation of women’s human rights and also represents an important achievement of the feminist movement and women in general, a significant advance of the Brazilian law to combat domestic and family violence against women. It creates mechanisms to restrain the domestic and family violence against women, establishing measures for prevention, assistance and protection to women in situation of violence.
35.The law criminalizes such violence, establishes its forms, and proposes the creation of Special Courts for domestic and family violence against women with civil and criminal competency, among other innovations, thus giving the proper importance to coping with the issue, since the previous Brazilian legislation did not respond satisfactorily to the reality of thousands of women that suffered violence.
36.According to the caput of the article 5, violence against women is “any action or omission based on gender which causes death, injury, physical, sexual or psychological suffering and moral or equity harm”. The article also inaugurates the normative discipline of the first receivers of the law: the victim — always a woman — and the offender may be a man or another woman.
37.Until the advent of Law 11,340/06, the Law 9,099/95 was used, which established the Special Criminal Courts (JECrim) to deal specifically with criminal offenses of lower offensive potential, and, by applying insufficient penalties in the cases of violence against women used to naturalize this kind of violence, thus reinforced the gender hierarchy and the subsequent vulnerability of women.
SPM/PR procedures for implementation of Maria da Penha Law
38.The following are the SPM/PR procedures for implementation of the Maria da Penha Law.
39.The sensitization process of the Courts of Justice through filing petitions to reinforce to all Brazilian Courts of Justice the importance of the new law and requesting the creation of Special Courts for Domestic and Family Violence against Women is part of implementation.
40.Another procedure was the realization of a videoconference at the Senate on 19 September 2006, with the participation of law enforcement officers, delegates, public servants in the area of safety and civil society. The videoconference was held throughout the day (with an opening, roundtables and debates) and resulted in better orientation and practical enforcement of the law, given its entry into force on September 22, 2006.
41.Further implementation was the realization of I Law 11,340/06 Task Force - Maria da Penha Law, on 27 November 2006, in partnership with the National Justice Council (CNJ), with the participation of judges throughout the country, which lasted one day with lectures in the morning and a working group in the afternoon. As result, the suggestions approved were referred to the CNJ and the assumption of commitment to promote the applicability of the Maria da Penha Law in their respective institutions and regions, facilitating the creation of an Inter-Institutional Network of Eradication and Combating on Domestic and Family Violence against Women. On this day, a cooperation agreement was signed between CNJ and SPM/PR to implement the Maria da Penha Law.
42.The SPM/PR published Announcement No. 01 on February 15, 2007, urging NGOs and/or University Institutions organized in the form of consortia to submit proposals to establish the Observatory for Monitoring the Implementation and Enforcement of the Law 11,340/06. Three proposals were submitted and the Nucleus for Interdisciplinary Studies on Women of the Federal University of Bahia (NEIM/UFBA) was the winner. To conduct this project, NEIM/UFBA formed a consortium with eight solid academic institutions and NGOs recognized in the five regions of Brazil.
43.Owing to the Articulation between SPM/PR and CNJ on 7 March 2007, the Recommendation No. 09 of the CNJ was published, which recommends to the Courts of Justice the establishment of Special Courts for Domestic and Family Violence against Women and the adoption of other measures under Law 11,340/06, implementing public policies aimed at ensuring the women’s Human Rights within the household and family relations.
44.On 14 August 2007, the SPM/PR sent letters to the Domestic Violence Courts already created, requesting data on procedures from these Courts in relation to the application of Maria da Penha Law. These data resulted in the statistics published in the balance of the SPM/PR procedures on 2006 and 2007.
45.On 17 August 2007, the SPM/PR launched the National Pact for Combating Violence against Women, composed by four structural axes, one being the consolidation of the National Policy to Combat Violence against Women and the implementation of the Maria da Penha Law.
46.On 17 September 2007 in partnership with the Center for Women and Gender of the Public Ministry for the Federal District and Territories, the “Seminar on domestic violence against women: proposals and challenges of Maria da Penha Law for law enforcement officers” was held.
47.On 10 March 2008, the SPM/PR held the Second Maria da Penha Law Task Force, “Overcoming Violence against Women”, which lasted one day, with debates and roundtables to discuss the constitutional and social aspects of the Law and present policies within the Federal Government scope to combat the violence against women and the practice of Maria da Penha Law. A new cooperation agreement was signed between the SPM/PR, the Ministry of Justice (MJ), through the Secretariat of the Judicial Reform of the Ministry of Justice (SRJ/MJ), the CNJ and the National School of Development and Improvement of Magistrates (ENFAM) to carry out multidisciplinary training courses on the Maria da Penha Law.
48.On 6 and 7 August 2007, the 1st National Meeting of Popular Female Legal Advocates was held for the implementation of the Maria da Penha Law. 300 Popular Female Legal Advocates, representatives of the states and 24 NGOs met in Brasilia. The Meeting resulted in a letter of recommendation to the competent authorities, among them the Minister of SPM/PR, the President of the STF and the Vice-President of the Republic.
49.On 28 August 2008, Avon and the United Nations Development Fund for Women (UNIFEM) launched the campaign “speak without fear – say no to domestic violence”. Developed in collaboration with the SPM/PR, it aimed to sell the Attitude Bracelet; the amount of R$1.5 million collected was donated to UNIFEM.
50.On 5 and 6 November 2008, the SPM/PR, along with MJ through the SRJ/MJ, the CNJ and ENFAM, held the National Training Course for Multipliers on Domestic Violence and the Maria da Penha Law. Its target audience was the newly sworn in judges and practitioners in the Courts of Domestic and Family Violence against Women.
51.On 30 March 2009, the III Maria da Penha Law Task Force was held: “Doing justice is to build peace”, lasting one day, in which the number of Courts and Tribunals of Domestic and Family Violence against Women were shown; statistical data after the enactment of Law 11,340/06; results of the Federal Government policies and programs for the implementation of the Maria da Penha Law, besides the creation of the National Forum of Special Courts for Domestic and Family Violence against Women (FONAVID).
52.The SPM/PR sent letters to the Secretariat of Legislative Affairs of the Ministry of Justice in July 2009 asking for feedback about the impacts of Bill No. 156/2009, which amends the Criminal Procedure Code, as well as feedback on the legislative proposals of the House that amend the Maria da Penha Law.
53.On 6 August 2009, the Best Practices Award for the Application, Dissemination and Implementation of the Maria da Penha Law was launched (Ordinance SPM/PR No. 063, August 6, 2009).
54.In late August 2009, SPM/PR supported the Women’s Delegation on behalf of the Maria da Penha Law “Policy Incidence for Maria da Penha Law” with 25 representatives from various organizations, women’s NGOs and SPM/PR itself. The delegation held meetings with the Rapporteur of the Declaratory Action of Constitutionality (ADECON) No. 19 in the Supreme Court, the Deputy Attorney-General of the Republic responsible for the defense of Maria da Penha Law in the Repetitious Recourse over the Unconditioned Lawsuit in Superior Court, eight ministers from the 3rd Section of Superior Court and senators responsible for the bill of the Code of Criminal Procedure and a Public Hearing in the House of Representatives with the female caucus. The meetings aimed to raise the awareness of the ministers from Superior Courts and Parliamentarians to ensure constitutionality, absoluteness and integrality of the Maria da Penha Law.
55.The first FONAVID Meeting occurred between 23 and 25 November 2009, sponsored by SPM/PR with support from the Ministry of Justice through the SRJ/MJ, the CNJ, the Supreme Court through ENFAM and the Brazilian Magistrates Association (AMB). The Cooperation Agreement between SPM/PR and the above organs was signed at the event’s opening to combine efforts to promote activities within their powers to give effect to FONAVID execution. The outcome was the edition of 16 Statements and Motions, which will serve as guidance for judges in all Courts of Justice in the country to implement Maria da Penha Law.
56.Between 7 and 9 December 2009, SPM/PR supported, along with Ministry of Justice through SRJ/MJ and the Public Ministry for the Federal District, the First National Meeting of the Public Ministry on Maria da Penha Law. The outcome was the publication of guidelines to Public Prosecutors of the entire Brazilian Public Ministry in the implementation of Maria da Penha Law.
National Pact to Combat Violence against Women
57.The National Pact to Combat Violence against Women was built up aiming to strengthen and enhance the National Policy on Combating Violence against Women. In line with the guidelines of the Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women, the Pact’s general goal is to prevent and combat all forms of violence against women based on an integral vision of the problem.
58.Launched by the President of the Republic in August 2007 as part of the Federal Government’s Social Agenda, the pact provides for the execution of different measures during four years (2008–2011) by different sectors and actors committed to its proposal. In the first year of its implementation, 2008, the focus was on 11 states of the federation selected by criteria such as: violence against women data, size of the female population in the state and the number of specialized services in assisting women in situation of violence. These states were: Amazonas, Bahia, Ceará, Distrito Federal, Espírito Santo, Pará, Pernambuco, Rio Grande do Sul, Rio de Janeiro, São Paulo and Tocantins. Subsequently, the states of Minas Gerais and Mato Grosso do Sul were incorporated into the federal units prioritized, totaling 13 states prioritized in the first phase.
59.The Pact has the following objectives: (a) to reduce violence rates against women; (b) to promote cultural change by spreading egalitarian attitudes and ethical values of unrestricted respect for the diversity of gender and peace enhancement; (c) to ensure and to protect women’s rights in situations of violence, considering racial, generational, sexual orientation and disability factors and social, economic and regional inclusion.
60.Its main goals are: to build, reform and equip the various support services for women; training professionals in various areas; to expand the 180 Women’s Call Center; to develop innovative projects in income generation, education, culture and combating violence against children and adolescents; to realize national campaigns for prevention and combating violence against women; to implant the National Data and Statistics System on violence against women; to implant the Observatory of the Maria da Penha Law; to implant the Compulsory Notification in all health services in the national territory; and the assistance to women victims of human trafficking.
The dimensions of the Pact to combat violence and measures taken
61.The concept of combating violence that guides the Pact’s measures is comprised of three dimensions: combating, preventing and assisting. The first one relates to actions to establish and/or meet standards to ensure accountability and punishment of abusers/perpetrators of violence. The preventive actions are those with educational and cultural content that disseminate egalitarian values and ethical attitudes, promoting gender and race/ethnicity equity. Finally, the measures used to support women in situations of violence fit in with the assistance dimension.
62.Therefore, adherence to the Pact implies the promotion of intersectoral actions, horizontally and vertically articulated in different sectors (ministries, departments, etc.) and government levels (federal, state and municipal) around the four structural areas and the three combating dimensions.
The Pact implementation process and the adhesion of State and Municipal Governments
63.The Pact is coordinated by SPM/PR together with the Federal Technical Management and Monitoring Chamber of the Pact, composed of representatives from all federal bodies. States and municipalities are responsible for making the actions viable in their territories.
64.Under the policy adopted by SPM/PR, the Pact’s implementation in the states of the federation implies in the fulfillment of four basic requirements: (a) formal adhesion of the State Government through Federative Agreement; (b) formulation of the Basic Integral Project and coordination of actions between Federal and State and/or Municipality Government; (c) establishment of the Technical Chamber responsible for managing the Pact in the state and pole municipalities; and (d) network articulation of the services and existing actions to care and to combat violence against women.
65.Although the Pact is a Federal Government policy, the SPM/PR is responsible for promoting the adhesion of federal units, evaluating, approving and signing agreements in the three spheres of the federation. However, the role of states and municipalities is essential to guiding this process with autonomy and management, ensuring its effectiveness in the spheres of its competence and being responsible for developing and articulating the actions foreseen by the Pact in its territory, while respecting the different local realities.
66.The Federal Government is responsible for establishing guidelines and standards to carry out the actions and funding them with the state and municipal counterparts. The state is responsible for monitoring and executing the actions in cases that involve Justice and Public Safety areas, and municipalities have to implement actions in the areas of education, health and social assistance.
67.The Women Policy-Making bodies are responsible for the coordination of the Pact in the states articulated with the various sectors and municipalities. In the absence of such a body, the Council of Women may initially assume the coordination and one of the first Pact objectives will be the implementation of a governmental policy-making body for women linked to the Executive.
68.Similarly to the federal organization, in each state part of the agreement must be created a State Technical Chamber with representatives from state organs and civil society in order to ensure the implementation, management and monitoring of the Pact within the state. Similar structures should be created in pole municipalities by gathering representatives of municipal bodies and civil society to monitor and to evaluate the implemented actions within the municipality and regional articulations (see table 1.1 and graph 1.5 in the annexes available at the Secretariat).
Attribution of responsibility for the Pact between the federal units
69.The Pact establishes responsibilities and spheres of activity for each federative entity. So, it is responsibility of:
(a)The Special Secretariat of Policies for Women:
To ensure the actions’ fulfillment and the achievement of the objectives stated in the National Pact for Combating Violence against Women
To coordinate the implementation of the Pact actions together with the various federal government bodies that are involved in the National Pact
To draw up the work plan, together with states, detailing the Pact’s actions to be implemented and their implementation schedule
To monitor the Pact actions in the states along with Federal and State Technical Management and Monitoring Chambers
(b)The federated state:
To define together with SPM/PR the pole municipalities and micro regions to implement the Pact’s actions.
To articulate with the pole municipalities in order to ensure the implementation of the actions established in the National Pact for Combating Violence against Women and agreed with SPM/PR.
To ensure the accountability for the agreements signed by state institutions to the SPM/PR and other ministries involved.
To ensure the projects’ sustainability.
To establish the State Technical Management and Monitoring Chamber of the Pact with representatives from the three spheres of government, policy-making bodies for women, Councils of Women’s Rights, civil society, universities, the Judiciary, Prosecutors and Public Defender’s offices. Its responsibilities will be, among others: to draft the work plan, detailing the measures to be implemented and its implementation schedule; to promote the execution, monitoring and evaluation of the Pact’s actions in the state; as well as suggest the improvement and dissemination of such actions.
To encourage the establishment of public consortia for combating violence against women.
(c)The municipalities:
To ensure accountability for the agreements signed by municipal institutions to the SPM/PR and other ministries involved.
To ensure the projects’ sustainability.
To join the State Technical Management and Monitoring Chamber.
To establish the Municipal State Technical Management and Monitoring Chamber of the Pact with representatives of municipal Executive bodies, Municipal Council of Women and civil society. Its responsibilities will be, among others: to draft the work plan, detailing the measures to be implemented and its implementation schedule; to promote the execution, monitoring and evaluation of the Pact’s actions in the municipality, as well as suggest the improvement and dissemination of such actions.
To promote the establishment and strengthening of the women’s care network in situation of violence at municipal and/or regional level through public consortia (if applicable).
70.To achieve its objectives and goals, the Pact was organized into the following four structural areas.
1.Implementation of Maria da Penha Law and strengthening of the Specialized Care Services Network
71.Violence against women is a public health problem and a human rights violation that affects thousands of women in Brazil and worldwide. Such violence is expressed in various ways (physical, psychological, sexual, moral and patrimonial) and affects women regardless of sexual orientation, income class, race, ethnicity, religion, etc. This extremely important issue must be incorporated into the political agenda of states and municipalities through the construction, expansion and consolidation of public policies. In this context, the Pact becomes a key strategy, providing resources and promoting the transversality of gender in various sectors of the Federal Government, states and municipalities.
72.Thus the Pact has the following goals: (a) strengthening the Care Network for Women in a Situation of Violence by building, reforming and refitting Specialized Polices, Reference Centers, Public Defenders, Shelters and Special Courts for Domestic and Family Violence against Women; (b) incorporating the Social Assistance Reference Centers (CRAS) and the Specialized Social Assistance Reference Centers (CREAS) in the Network; (c) training professionals and public officials to take care of women in situation of violence.
73.These goals are also related to the implementation of Maria da Penha Law (11,340/06), which requires coordinated actions between all institutions responsible and awareness by women and the population about their rights to be achieved. For this reason, the Pact supports measures of prevention, assistance and combat of violence against women.
(a)Results
74.The Care Network for Women in Situations of Violence ended 2009 with 68 shelters, 146 reference centers, 56 nucleus of specialized assistance of the public defender’s office, 475 police stations or specialized posts of women assistance, 147 specialized courts or adapted jurisdictions of domestic and family violence against women, 14 nuclei of state public ministries specialized in violence and 5 specialized prosecutors, 8 nuclei of combat to human trafficking and 7 services of abuser accountability (see tables 1.7 to 1.14 of the annex).
75.Other gains achieved over the years refer to the understanding that the network is not built only by specialized services, but also as a gateway as, for example, health services (clinics and hospitals), public safety (Institute of Forensic Medicine and common police stations), social assistance (Social Assistance Reference Center – CRAS), among others.
76.The presence of 3,248 CRAS in 2,629 municipalities (in 2007) is also an important achievement in terms of social support availability for women. Among the activities undertaken by CRAS, the Integral Family Care Program (PAIF) stands out, which provides services to families and individuals in situations of social vulnerability, works to prevent recurring damage from stigmas, discriminations and violence situations experienced by women, as well as provides opportunities to develop interests and talents, guiding them to projects of productive inclusion.
77.The actions of Special Social Protection (in which the CREAS are inserted) have also shown that they are extremely important to defending women’s rights. The majority of the public supported are women and girls who are victims of rights’ violations, particularly family violence, sexual abuse and exploration. The CREAS provides services that have listening, speaking and dialogue spaces to favor remedying the situation of violence experienced – the users are guided to defend their rights within the family, community and society in general. In cases of family violence or abuse, the intervention contributes to breaking the silence and overcoming the patterns of relationship violations. The Special Social Protection also has high complexity services that offer assistance to people who find themselves in a situation of abandonment, threat or rights’ violations, requiring temporary housing outside of its origin family core, such as shelters for women victims of violence and shelters and temporary housing for women with children. There was a significant expansion in the number of municipalities with CREAS: from 314 municipalities in early 2005 to 1,080 in the end of 2007.
78.In order to ensure proper identification and referral in the gateway services, and to provide qualified care in specialized services (CREAS, for example) and higher capillarity of the assistance to women in situation of violence, a partnership was established between SPM/PR, the Ministry of Social Development and Fight against Hunger (MDS) and the Ministry of Justice (MJ) to train CRAS and CREAS professionals in all states. The training will occur during 2010 and will target 8,293 CRAS and CREAS servants of approximately 2,300 Brazilian municipalities. As the main qualification subjects, the concept of gender and violence against women, care network for women in situation of violence, sexual and reproductive rights, trafficking in women, the Maria da Penha Law, social and gender assistance, feminization of AIDS, are worth mentioning among others.
(b)Campaigns
79.The 16 Days of Activism to End Violence against the Women Campaign has been held in the country for 17 years. Since 2003 the SPM/PR supports it, from 2007, integrates it as an event promoter in partnership with the feminist NGO Agende (Ações em Gênero e Cidadania – Action on Gender and Citizenship), the campaign coordinator. In the same way, the “Go along well, Woman” project has been developed that integrates the Caravan “Go along well, Truck driver,” sponsored by Petrobras. The goal is to bring information about gender and combat of violence against women to truck drivers throughout the country using traveling campaigns.
80.The National Campaign for Combating Violence against Rural and Forest Women was launched in 2008 with the slogan “Women own their own life – Living without violence is right of rural and forest women”. Aiming to inform and prevent all rural and forest women from domestic and family violence, the Campaign had its coverage expanded in 2009 with 2,769 radio spots insertions on 803 stations throughout the country, in early morning and early evening, to capture the rural and forest women audience, its target audience.
81.The “Men United for the End of Violence against Women” Campaign is an initiative led in Brazil by the SPM/PR. It began in 2008 and currently has a significant mark of about 54,000 signatures from men all over the country, committed to the combat to end violence against women. Having obtained the adhesion of diverse sectors of Brazilian society under their leaders’ commitment to refuse violence against women, the campaign now aims to significantly broaden the engagement of Brazilian men, the number of partners and supporters and, consequently, signatures. The violence against women and girls will only be eradicated when men and society refuse to tolerate it.
82.On 24 November 2009, the Advertising Campaign for the 180 Call Center for Women Assistance was launched nationwide. The campaign had the slogan “A life without violence is all women’s right”, together with the advertising of the Call Center number, 180. As a media strategy, radio spots, videos, posters, brochures and pieces of urban furniture were developed. During the campaign period there was a significant increase in the number of calls to the Call Center. To meet the demand raised by the campaign, there was developed a strategy to expand the 20 Points of Service available to 35. (See tables 1.3 to 1.5 and graphs 1.2 and 1.3 in the annexes.)
(c)Implementation of the Maria da Penha Law
83.In 2009, SPM/PR released the Best Practices Award for the Application, Dissemination and Implementation of the Maria da Penha Law, celebrating three years of the law, to stimulate, to know and give visibility to the correct application of the law. Individuals or legal entities listed by third parties whose work or actions on coping with domestic violence against women deserve special emphasis will be awarded.
84.Nominations for the award could be made via e-mail up to 8 March 2010 and the winners will be announced in August 2010 during the fourth anniversary of the law. The award winners will receive a diploma and artwork, and the other participants chosen will be inserted in a publication with selected initiatives to give them visibility throughout society.
85.The award categories are: Implementation of Programs and Policies; Creation and Implementation of Services; Idealization or Campaigning; Studies and Researches, and Journalistic Articles.
2.Protection of sexual and reproductive rights and implementation of the integrated plan to combat the feminization of AIDS
86.This axis of the National Pact to Combat Violence against Women seeks to consolidate the policy of integral healthcare for women through actions that promote and protect their sexual and reproductive rights. Consolidating public policies to reduce maternal and neonatal mortality, promoting the humanized attention to abortion, compulsory notification in cases of violence and emergency contraception while respecting the ethno-racial specificities and sexual orientation and confronting the feminization of AIDS are the Pact’s highlights.
87.The health system serves as one of the main gateways to women in situations of violence (sexual, domestic and family), so its joint activity with the Network for Combating Violence against Women is fundamental.
88.The Pact aims to collaborate with the implementation of the Integrated Plan to Combat the Feminization of AIDS and other Sexually Transmitted Diseases. Women and people living in poverty are more vulnerable to these infections. Epidemiological studies show a statistically significant relationship between lack of condom use and variables indicating violence. Women exposed to domestic and sexual violence are among the most vulnerable. (Ruzany et al., 2003; Taquette et al., 2003b).
89.So, to prevent and cope with the HIV/AIDS issue it is also necessary to combat violence against women and promote equality between women and men, reducing their vulnerability to infection. The Pact incorporates these perceptions and provides actions that contribute to the effectiveness of these prevention and combat measures, including: (a) expanding the supply of reversible contraceptive methods and emergency contraception, (b) implementation of the Compulsory Notification in health services, (c) guarantee of legal abortion, (d) implementation of the Integrated Plan to Combat the Feminization of the Epidemic of AIDS and other STDs, and (e) implementation of standards, guidelines and flows to support women in situation of sexual and domestic violence.
(a)Results
90.On acquisition and distribution of contraceptive methods from 2006 to 2009:
According to previous reports, since 2003 the Ministry of Health invests in the acquisition and distribution of contraceptive methods, serving a population of women aged 10–49 years in almost all Brazilian municipalities.
In 2006, 5,242 municipalities were covered, attending 30,988,024 users through the distribution of contraceptives purchased in 2005 at a cost of R$27,572,499.20, including 18 million tablets of combined pill, 1.2 million tablets of progesterone-only pill (small pill); 502 thousand ampoules of monthly injectable contraceptive; 250 thousand ampoules for quarterly injections; 191 thousand tablets of the emergency contraceptive pill and 176,772 units of TCu-380A IUD.
In 2007, the number of users increased to 34,338,074, still totaling 5,242 municipalities served. In 2008, the number of municipalities increased to 5,564 and the target audience reached 34,571,439 women.
In 2009, the number of municipalities was 1,482 and the total number of beneficiaries dropped to 30,216,909.
(b)To promote comprehensive health care for women, girls and adolescents in situations of violence
91.In January 2007, 138 hospitals provided support to sexual violence committed against women and adolescents; in October 2009, 481 hospitals and other health units provided such services – with 60 performing the abortion procedure for medical and legal reasons, as a result of the partnerships developed between 2007 and 2008.
92.In 2007, the country had 68 Interruption of Pregnancy Reference Services provided by Law – a number reduced to 60 in late 2008. This fact is directly related to political decisions of hospital managers and secretariats of health or even to conscientious objection of gynecologists who choose not to attend to the women’s needs, often causing irreversible damage to their mental health. The Ministry of Health (MS) continues to invest in the qualification and training of the National Integral Care Network of Women’s Health.
93.The expansion of access and the number of services are visible in the data below; it is noteworthy that there is a significant increase in the number of abortion procedures for medical and legal reasons. According to the Domestic Violence, Sexual and/or Other Violence Surveillance System (VIVA Continuo 2006 and 2007) 9,038 cases of violence were registered, of which 2,316 (25.6%) occurred among males and 6,722 (74.4%) among females. The highest rates of reported cases were identified among children, adolescents and young adults with different distributions between genders. For males, the most affected age group was 0–9 years old (33.6%) followed by 10–19 years old (21.9%) and 20–29 years old (15.2%). Among females, the highest proportion of occurrence of violence was observed among 10–19 years old (27.7%) followed by 20–29 years old (21%) and 0–9 years old (17.2%). For race/ethnicity, “whites” (branco) accounted for 40.5%, followed by “browns” (pardo) (36.8%) and blacks (negro) (10.3%), while “yellow” (amarelo) (1%) and indigenous (indígena) (0.5%) corresponded to the lowest proportions in the total number of victims. It was observed that 31.4% of patients reported that they attended 5th to 8th grades of basic education, 19.2% had studied from 1st to the 4th grade of basic education and 15.2% had studied up to high school, complete or incomplete. The lowest proportions were observed for individuals without schooling (6.6%) and those who have completed higher education (3.5%). As for marital status, 41% of victims reported being single and 23.4% were married or had in stable relationships. The presence of a disability (physical, mental, visual, hearing and other disabilities/syndromes) was recorded in 6.5% of all treatments, with similar distribution between genders. By place of occurrence, acts of violence prevailed in the household (59.9%) and in public places (12.6%). Around 40% of all patients reported being victims of repeated violence, in other words, the violent event had already been committed earlier. The occurrence of repeated violence ranged from 26.9% among men to 45.7% among women.
(c)Combating the feminization of AIDS
94.Launch of the Integrated Plan to Combat the Feminization of the Epidemic of AIDS and other STDs (2007) by President of the Republic, Luis Inácio Lula da Silva, according to Article 12 of this Report. (See tables 1.15 to 1.22 in the annexes.)
3.Combating sexual exploitation and trafficking in women
95.The vast majority of victims of sexual exploitation and human trafficking are female (during childhood, adolescence and adulthood). Despite being a serious problem and a severe violation of fundamental human rights, the measures to combat and to prevent it are still insufficient. Therefore, the actions of the Pact aim to implement the National Policy to Combat Human Trafficking, encourage the treatment of female victims in reference centers and support innovative projects in the field of preventing and combating trafficking in women. The Pact seeks to build effective public policies with gender perspective, considering the inequality between women and men as a central component of the issue. It is necessary to reduce the distances between the various sectors and organizations involved and to leverage existing services to create specific measures.
96.Initiatives such as (a) the implementation of a pilot project to assist victims of human trafficking, (b) the negotiation with State Parties of the MERCOSUR to install shelters for victims of human trafficking across borders, and (c) the projects and bilateral negotiations with Spain, Portugal and Suriname are in progress to achieve these axis goals.
(a)Results
97.See Article 6 of this report.
4.Promoting human rights of women imprisoned
98.The last axis of the Pact lights up an issue almost invisible in our society: the living conditions of women deprived of liberty. Given their high degree of vulnerability in prison, the discrimination against women acquires new dimensions, worsening violations of their human rights. The Pact aims to promote actions to ensure the right of access to justice, health, and to protection of the sexual and reproductive rights of women imprisoned. The activities aims at both the professionals who work directly with these women through training and adequacy of physical spaces as well as at the women imprisoned, guaranteeing their access to health, justice, culture, leisure, maternity, education and income generation.
99.Among the actions planned under this Pact axis were the publication of the report of the Interministerial Working Group of the Women’s Prison System (a partnership with the National Penitentiary Department – DEPEN/MJ and the Special Secretariat for Human Rights – SEDH/PR); national work camps for Revision of Processes in women penal institutions; and a Booklet of Rights for women imprisoned.
100.It is noteworthy that the Pact is the result of joint efforts and coordinated actions among several Federal Government measures, seeking to consolidate public policies to combat the violence against women in its complexity; it is therefore guided by the National Policy on Combating Violence against Women, the Maria da Penha Law, international treaties on human rights, the Integrated Plan to Combat the Feminization of AIDS and other Sexually Transmitted Diseases and the National Policy to Combat Human Trafficking among other documents.
(a)Results
101.Realization of the seminar “Women Imprisoned: Diagnosis and challenges in the implementation of integrated policies within Mercosul” (Argentina, Brazil, Chile, the Bolivarian Republic of Venezuela, Mexico, Paraguay and Uruguay).
102.Conducting of Integral Legal Assistance Task Forces in 11 Brazilian states – with 12,000 women imprisoned attended, which also helped ten other Brazilian states (Acre, Ceará, Goiás, Mato Grosso, Mato Grosso do Sul, Pernambuco, Paraná, Santa Catarina, São Paulo, Sergipe and Tocantins). Such action was implemented in partnership with DEPEN/MJ with investments of approximately R$10 million. (See the annexed table 1.23.)
103.Regarding Human Rights Education, several publications were produced, highlighting: (a) Fundamentos Teórico-Metodológicos da Educação em Direitos Humanos (Theoretical Methodological Fundamentals of Human Rights Education), a reference book for researchers, academics and educators in general, (b) Caderno Conselho Escolar e Direitos Humanos, do Programa Nacional de Fortalecimento dos Conselhos Escolares (School Board and Human Rights Book of the National Program for Strengthening School Boards), an important area of participation and shared management of basic education, (c) Caderno Conselhos de Educação e Direitos Humanos (Education and Human Rights Boards Book), aimed at members of Municipal and State Education Boards, state instances that have the responsibility of determining standards for their respective educational systems, (d) Cartilha Direitos Humanos (Human Rights Primer), produced by the artist Ziraldo with language aimed at children and adolescents. Moreover, since 2009 the SEDH/PR has the Human Rights Magazine, an institutional space for qualified discussion of public policies on Human Rights.
104.It is important to emphasize the continuous execution, since 1995, of the Human Rights Prize, the main award of the Brazilian Government on Human Rights field, recognizing the experience of individuals and public and private entities in the promotion, defense and coping with human rights violations in Brazil. The Human Rights Prize includes, among others, the Gender Equality category.
105.In 2005, the General Coordination for Human Rights Education within the structure of SEDH/PR was created to conduct Educational policies in Human Rights at the national level.
106.In 2007, the Federal Government’s Multiyear Plan (PPA) included the creation of the National Program for Human Rights Education with actions focused on training Human Rights promoters, especially teachers of Basic Education and Higher Education and People’s Educators; the maintenance of the Committees for Human Rights Education in states and municipalities; and the creation of Nucleus for Interdisciplinary Studies and Researches in Human Rights Education at Universities.
LGBTTT
107.Fulfilling the commitment to include actions for specific groups to combat discrimination based on gender issues, the SEDH/PR has worked from 2004 to 2009 for the segment of lesbians, bisexual and transgender women by developing activities such as following:
(a)Implementation of the “Brazil without Homophobia” Program – 2004;
(b)1st National LGBT Conference – 2008;
(c)National Plan for the Promotion of LGBT Citizenship and Human Rights – 2009;
(d)Creation of the General Coordination for the Promotion of the Lesbians, Gays, Bisexuals, Transvestites and Transsexuals Rights in the SEDH/PR to promote actions to reduce the stigma and prejudice against people in vulnerable situations – 2009.
Civil registration of birth
108.In December 2007, the National Agenda for the Eradication of Civil Sub-registration of Birth and Expansion of Access to Basic Documentation was launched aiming to ensure that all Brazilians have the right to a first and last name, besides all documentation needed for the full exercise of citizenship and guarantee of human rights. At that time, it was realized that some of the reasons for not registering children were the difficulty to recognize paternity, the large distances between notary’s offices and some communities and the lack of public information about the gratuity of such a document.
109.The agenda efforts were intensified in 2009, upon signature of the More Northeast for Citizenship and More Legal Amazon for Citizenship commitments. Both were signed by the President of the Republic, along with governors of the respective regions who made a commitment to reducing regional inequalities in Brazil, intensifying actions to reduce infant mortality, strengthening the family agriculture, reducing illiteracy and eradicating the sub-civil registration of birth.
110.To eliminate the sub-civil registration of birth, measures organized in three strategic priorities were planned: stopping the number of children who were born without registration by implementing units linking notary’s offices to maternities; reducing the number of people without civil registration of birth through mobilization campaigns and task forces; and creating structural conditions for maintenance of eradication of sub-civil registration of birth by improving the system responsible for issuing birth certificates.
111.In 2007, during the launch of the Social Agenda, the national index of sub-civil registration of birth was 12.7%, which meant that approximately 398,069 children were born unregistered at least in the first year of life. In the latest statistics from civil registration published by the Brazilian Institute of Geography and Statistics (IBGE) in 2009, this index fell to 8.9%, coming closer to the level considered eradication, which is 5%.
112.For the first time the country reached the one decimal point level in the index of sub-civil registration of birth, which reflects the access expansion to the civil registration of birth and, consequently, greater human rights guarantees for the population. The campaign slogan should be noticed, which had great impact among the Brazilian population, mobilizing the organized Civil Society, public administrators, fathers and mothers: “Birth Certificate. A right that gives rights. A duty for all Brazil.”
113.Accordingly, all states in the Northeast and Legal Amazon regions have joined the Commitment and set up a State Management Committee for monitoring the agreed actions implementation. In 2009 227 task forces were made with the issuance of 5,233 birth certificates and 24,500 other documents (RG, CPF and CTPS). Until the end of 2010 are planned more 1,225 task forces in all Northeast states and the Legal Amazon. In rural areas, with the partnership with the National Women Rural Workers’ Documentation Program (PNDTR), 298,921 documents were already issued, with 138,276 women served by 549 task forces (from January to October, 2009). In the Legal Amazon area, in the Arco Verde’s Task Force, 2,755 birth certificates, 8,088 RGs, 4,785 CPFs and 6,031 CTPS were issued (from January to October, 2009).
114.Besides the task forces installation is foreseen of 1,108 units interconnected to guarantee the issuance of birth certificates at maternities before hospital discharge – which will facilitate the paid maternity leave for women, among other benefits.
115.The National Mobilization Campaign for Birth Certificate was also launched, which sought to guide people about the importance and means for obtaining the birth certificate and basic civil documents. The campaign works intermittently with the gender issue when it suggests the equality between men and women to report the birth, allowing women to register a child regardless of paternity recognition with a focus on all Brazilians family and citizenship rights.
Article 6
116.By Decree No. 6,347/08 the Federal Government has approved the National Plan to Combat Human Trafficking (PNETP), which implements the National Policy launched in October, 2006 through Decree No. 5,948/06. To prepare the Plan, an Inter-ministerial Working Group was installed in May 2007 under the coordination of SPM/PR, SEDH/PR and MJ, which presented a proposition for a detailed action plan and monitoring activities. The Plan provides a set of actions for crime prevention, repression of the aggressors and proper treatment for the victims. The drafting of the plan also had the participation of civil society organizations and international organizations. The Plan contains prevention through campaigns, foresees updates in the current legislation related to human trafficking and the creation of State Centers to Combat Human Trafficking and Advanced Outposts to receive persons in possible trafficking situations in Brazilian airports. The intention and commitment of the Federal Government regarding the combat of human trafficking is to give continuity to articulations with federative entities, international and civil society organizations, advertise the subject extensively, training the actors involved directly or indirectly with the fight against this crime and improve the instruments to combat it, turning it into a permanent and effective public policy, in other words, a state policy which will last for different Governmental mandates.
117.The National Secretariat of Justice of the Ministry of Justice (SNJ/MJ) implemented in 2008 and 2009 the Nucleus to Combat Human Trafficking (NETP) in the states of Acre, Goiás, Pará, Pernambuco, Rio de Janeiro and Sao Paulo and one Advanced Outpost in Belém, state of Pará, to decentralize actions and transfer resources to states to encourage actions. The intention is to turn the NETPs into permanent policies to be maintained by the states. In December 2009, agreements were signed for the implementation of new Nuclei in the states of Bahia and Ceará, as well as the establishment of new Advanced Outposts in Bahia and Rio de Janeiro.
118.Another highlight was the cooperation agreement with the Brazilian Company of Airport Infrastructure (INFRAERO), which will make possible the installation of Advanced Outposts as well as the expansion of preventive actions in airports. A partnership was also settled with SENASP/MJ, which will allow the integration of the Protection and Women for Peace Projects with the Nuclei to Combat Human Trafficking, complying with a basic principle to reduce violence: cooperation between agencies to implementation the actions.
119.The development of NETP and Advanced Outposts is an action under the National Program for Public Security and Citizenship (PRONASCI), an innovative policy from the MJ, whose goal is “to prevent, to control and to suppress crime, acting in its socio-cultural roots by combining actions of public safety with social policies through integration between the Union, States and Municipalities, delivering the guidelines of the Single Public Safety System”. The program will develop policies to combat and to prevent violence in a strategic geographical area and age group according to specific objectives.
120.In 2009 the SNJ/MJ created the Working Group (GT – Grupo de Trabalho) on human trafficking and related crimes legislation. This GT, established by Instruction 194 of 12 February 2009, examined the Bill 2,375/2003, which amends the Decree-Law No. 2,848 of December 7, 1940 (The Criminal Code); the Law 6,815 of August 19, 1980; and the Law 8,069 of 13 July 1990 (The Statute of the Child and Adolescent) to criminalize human trafficking, establish its penalties and other related rules; and Bill 2,845/2003, which establishes standards for the organization and maintenance of specific public policies to prevent and to combat human trafficking, especially of women and children, establishes the National System for Prevention and Combat of Human Trafficking, and provides the regulation of its civil and criminal aspects. The GT finished its activities in September 2009, as well as the draft of the Final Report, which presented the outcome of the discussions and proposed changes in the actual Brazilian legislation.
121.The National Campaign to Combat Human Trafficking was launched in February 2010 with the slogan “Human Trafficking. Help Brazil avoid falling into this trap”, aiming to prevent and inform the whole society about the issue, especially women, highlighting the rights of any citizen traveling abroad and ways of preventing the crime. Since 4 January 2010, the Campaign published advertisements in the major magazines of the country to reach women of different ages and socioeconomic conditions as well as opinion formers to disseminate the 180 Women’s Call Center.
122.The SNJ/MJ is creating a qualified database on human trafficking which is computerized, integrated and updated. A single recording channel is being developed, the ETP Portal, which will allow for the monitoring and implementing of prevention and combat actions against human trafficking, as well as holding its perpetrators accountable and taking care of the victims through the system integrated to the worldwide web.
123.With respect to migration, given its relationship with human trafficking, Brazil respects immigrants, realizing, above all, that they have rights. Law No. 1,961 of 2 July 2009 evidences this by giving amnesty to illegal immigrants, as well as the new foreigners’ bill about to be approved, which will allow granting temporary residence visas to trafficked persons. Partnerships already stand out that were established with countries such as Portugal and Belgium to cooperate on actions to combat human trafficking, especially to take care of victims. Along the same line, Brazil also has partnerships with the United Nations Office on Drugs and Crime (UNODC) and the International Labour Organization (ILO), which contributes to disseminating knowledge about the subject.
124.The SPM/PR defined the following strategic areas for intervention on this subject:
(a) Realizing a pilot project to structure an assistance network for women victims of trafficking based on the Women’s Reference Center for Specialized Care experience in the Northeast;
(b) Training and expansion of the Women’s Care Network to combat the trafficking in women. According to the PNETP report, by 2009 nearly 10,000 multiplier agents were trained;
(c) Supporting the creation of the Reference Centers for Women’s Care in Situation of Violence on dry borders, and
(d) Training periodically the 180 Women’s Call Center operators for appropriate care for women victims of trafficking. The training workshops for police officers to combat human trafficking for sexual exploitation are noteworthy, which are carried out in order to sensitize the police officers to an integrated and multidisciplinary approach to the issue.
125.By understanding that Trafficking in women is a form of gender-based violence against women, besides the execution of the PNETP actions, the SPM/PR also allocated an axis of the National Pact to Combat Violence against Women specifically for trafficking with emphasis on implementing actions to prevent and take care of women in situations of human trafficking.
126.In 2009, besides the execution of the PNETP measures, the SPM/PR set up strategies to develop partnerships in coping with trafficking in women in dry border areas. As part of the Specialized Women’s Conference of MERCOSUR (REM), it inserted the agenda of combat against trafficking in women with the perspective of combating violence against women in general. The agenda has acquired such importance that a Regional Cooperation for the Protection of Women in a Human Trafficking Situation project became a priority and will receive support from the Spanish Agency for International Development Cooperation (AECID).
127.The REM proposals opened up space for parallel actions. In November 2009, the SPM/PR, along with the relevant women policy-making bodies of Paraguay and Argentina, signed a memorandum of understanding to establish a Tri-National Care Centre for Women Victims of Violence and Human Trafficking in Foz do Iguaçu, a Brazilian municipality that borders both countries. This Secretariat aims to replicate the Foz do Iguaçu experience in other dry borders which are human trafficking routes. Since the signing of the National Pact to Combat Violence against Women in the state of Roraima, also in November, 2009, the negotiations have begun to implement a boundary service between Brazil and Venezuela. The partnership was proposed to the Venezuelan authorities as a memorandum of understanding that is under discussion by the Frontier Development Working Group between Brazil and Venezuela.
128.Besides these experiences, a document between Brazil and Spain is also being proposed, which provides assistance to victims of trafficking. The subject was discussed during Minister Nilcéa Freire’s visit to Madrid in April, 2009; in the second semester, Spanish representatives of civil society made a visit to see the Women’s Care Network of Bahia and a partnership between NGOs of both of countries was established.
129.Regarding girls, adolescents and young women’s sexual exploitation, the Second National Interdisciplinary Seminar on Violence against Adolescent/Young Women was held in August 2007, in Brasília. Promoted by SPM/PR in partnership with MS and SEDH/PR, the event discussed the different possibilities of considering a generational section in the policies to combat violence, particularly in the case of sexual exploitation. SPM/PR has been a partner of SEDH/PR since 2008 in implementing the Campaign: “Sexual Exploitation of Children is a Crime. Report it! Go to the Guardian Council in your city or dial 100”. The SPM/PR priority for the next few years will be to enable professionals of health, social assistance, psychologists and child protection agencies, among others, to be trained multipliers capable of combating the issue. Therefore, the SPM/PR launched during the seminar the publication Adolescent/Young Women in Situation of Violence: Proposals of Intervention for the Health Sector, useful self-learning modules as a tool to development such policies. The first training sessions were held in 2007 in nine Brazilian states (Rio de Janeiro, Sao Paulo, Mato Grosso, Espírito Santo, Acre, Bahia, Pernambuco, Sergipe and Pará) and involved around 500 health professionals who evaluated the quality of the proposed methodology and the importance of the debate positively.
130.During the process to implement the Unique System of Social Assistance (SUAS), one of the issues that stood out is the fact that the Program to Combat the Abuse and Sexual Exploitation of Children and Adolescents (Sentinela) had been transformed into a continuous service through the issuance of Decree No. 5,085/04. In 2005, the Federal Government proposed expanding the coverage of the Social Assistance Protection Service to Children and Adolescents Victims of Violence, Abuse and Sexual Exploitation, emphasizing the municipalities identified as priorities, and according to the sharing criteria under discussion at the National Social Assistance Council (CNAS) and reassessments of impact. Such a reassessment process aimed at redesigning the service and the regulations resulted from the SUAS implementation to instigate the restoration and strengthening of the family and community bonds. The number of children and adolescents attended by the program went from over 15,500 in 2005 to 65,900 in 2008.
131.On 25–28 November 2008, Brazil held the Third World Congress against Sexual Exploitation of Children and Adolescents, which had as its main objective to mobilize international efforts to guarantee the right to protection of children and adolescents by:
(a)Analyzing the new challenges and dimensions of contemporary sexual exploitation;
(b)Identifying advances and gaps in the legal references and accountability;
(c)Sharing implementation experiences of inter-sector policies to combat sexual exploitation of children and adolescents;
(d)Defining strategies and objectives achievable through international cooperation.
132.The event was a continuation of two previous congresses held in Stockholm, Sweden (1996) and in Yokohama, Japan (2001), which had an important role in articulating the production of knowledge to combat the issue, thus contributing to guide and to reflect in a democratic and diverse way on the different aspects related to the sexual exploitation of children and adolescents around the world.
133.The Third World Congress involved fourteen ministries from the Brazilian Government, and was the largest event ever held in the world about the issue, overcoming its two previous editions in terms of participation and mobilization. More than 4,300 people attended the event, from which 3,515 were delegates, besides representatives of 137 countries and 282 children and adolescents.
134.The National Program for Combating Sexual Violence against Children and Adolescents of the National Sub-Secretary of Promotion of the Rights of Children and Adolescents of SEDH/PR participated in the drafting of the National Plan against Human Trafficking and is responsible for the established goals for the target public, children and adolescents. In its work the following stand out:
(a)The inclusion of the category child and adolescent trafficking for sexual exploitation in the 100 service, establishing a channel for complaints against cases of child and adolescent trafficking with direct access to bodies as the Federal Police and Federal Highway Police in order to refer and monitor the complaints;
(b)The publication of a specialized methodology for attending children and adolescents victims of trafficking for sexual exploitation;
(c)The support the “To Protect and Hold Accountable” study in partnership with the National Committee, the Inter-sector Commission, the ILO and the Partners. The study analyzed the response of both the Public Safety and Justice systems to the complaints of sexual violence, the local care networks and the cases of human trafficking in progress in the Brazilian Courts;
(d)The development of a Regional Strategy against Trafficking of Children and Adolescents to Sexual Exploitation at border areas. Brazil has started intense international cooperation aiming at the protection of children and adolescents’ rights at border areas in partnership with authorities from Argentina, Paraguay and Uruguay, focusing the combat on sexual exploitation of children and adolescents, which ended up in a process to define strategies aiming to combat trafficking of children and adolescents at their common borders.
135.SEDH/PR and its partners every year coordinate the Carnival Campaign against the Sexual Exploitation of Children and Adolescents – in 2010 its motto was “The Sexual Exploitation of Children and Adolescents is a crime. Report it! Go to the Guardian Council in your city or dial 100.”
136.The first edition of the campaign took place in 2006. After the President of the Republic established the combat against sexual exploitation of children and adolescents as a priority, the Intersectoral Commission for Combating Sexual Violence against Children and Adolescents launched the first yearly Carnival Campaign: “United against Sexual Exploitation of Children and Adolescents – Come Join Our Block Parade”. Launched in Recife (PE), the campaign conquered significant space and acknowledgement in the national media measured by research and by the increase in the number of reports directed to the National Emergency Number of Complaints, 0800 99 0500 at that time.
137.In 2007, the campaign was launched again and, just as in the previous year, gained significant space in the national media by publicizing the National Emergency Number of Complaints, now 100. The national launch was in Salvador, Bahia, with the presence of President Lula. Coordinated by SEDH/PR and by the Ministry of Tourism (MTur), it had support from the Ministry of Health, MEC, the Ministry of Justice, the Ministry of Labor and Employment and the Ministry of Social Development.
138.During the campaign, posters, hand fans, car stickers, and flyers were distributed (in Spanish and Portuguese at the Rio Grande do Sul beaches to mobilize and sensitize tourists from neighboring countries) and t-shirts were distributed (to volunteers). Besides this material, electronic panels (DNIT), banners, TV and radio spots (30 seconds long) were produced and distributed to all national stations interested in supporting the campaign.
139.After consulting the Inter-sector Partners, it was decided to make a new edition for the carnival Campaign of 2008 –”Sex only if it’s cool.” Instead of re-editing the two previous campaigns, it was decided to create new art from the perspective of the right to sexuality of children and adolescents, but a healthy and protected sexuality. The culture of denial of girls and boys sexuality was broken to signal their sexual and reproductive rights in a responsible manner. This right must be granted observing the peculiar condition of the developing person (Article 6 of the Statute of the Child and Adolescent) and imposes a pro-active behavior on the part of society and of the State to guarantee it. Thus, combating sexual exploitation of children and adolescents is also a strategy for promoting and protecting Human Rights.
Article 7
140.The Second National Conference of Women’s Policies (II CNPM) held in August, 2007, had as one of its main subjects women’s participation in the spaces of power, meeting the recommendations of the Committee on the Elimination of All Forms of Discrimination against Women after the analysis of the last Brazilian report. This Conference recognized and validated a broad concept of “spaces of power”, whereby political participation has various fronts, from the participation in civil society organizations, passing through political parties, to the occupation of elective positions and mandates in the State, especially in the Legislative and Executive Powers of federal, state, district or municipalities instances. The Conference also pointed out priority guidelines for the government actions, both in the Legislative and political parties’ level and in the Executive and Judiciary. As a consequence, a new axis was included into the Second National Plan for Women’s Policies (II PNPM). Thus, the Chapter 5 of the II PNPM, “Women’s participation in the spaces of power and decision-making” aims a broader women’s participation in Parliaments, political parties and its instances of power and decision-making, as well as inserting the equality between men and women subject in the political reform debate.
141.Nowadays, the women’s presence is encountered more expressively in organizations and associations, being lower in political parties and even lower in the parliament and government. Some variables can explain such under-representation: the persistence of a patriarchal culture, which associates men with the public spaces and women to private ones; the weight of economic power in the elections and the increasing cost of campaigns, favoring male candidates; the little time dedicated by women to political actions, in great part motivated by the overload of responsibilities, domestic tasks and care with children and sick, elderly or disabled relatives, besides the time dedicated to professional life; and less consolidated political trajectories of women compared to men.
142.The most adverse front for women’s participation, is that of political representation at the State level (governors and parliamentarians). One observes that the under-representation is aggravated by racism and prejudices of all kinds. Thus, black, indigenous, young, lesbian, disabled, rural, domestic and poor women are even less present in the spaces of power.
143.The women’s participation in the power instances of the country has been increasing gradually, although still very timidly. (See Table 2.1 in the Annex.)
144.Similarly, women’s presence in the Parliament, although smaller, has increased all over the world. Brazil was one of the first countries to guarantee public rights to women, but nowadays integrates the group of countries with intermediate/bad performance related to the women’s presence in the Parliament: 9% in the Chamber of Deputies and 12.3% in the Federal Senate. According to the Inter-Parliamentary Union, an international organization that monitors parliamentary democracy, the country was in the 107th position among 187 countries on 31 October 2009, below the American average of 22.6% for Chamber and 20.2% for Senate. Most Latin American countries are ahead of Brazil, especially Argentina, Costa Rica and Ecuador, which are among the top 20.
145.To debate the participation of Brazilian women, their limitations and challenges in political party representation, in May 2007 SPM/PR held the first meeting with female national representatives from political parties, discussing the need for enabling women to dispute space in the parties and elections. As result the participants suggested the creation of the National Forum of Women of Political Parties with the support of SPM/PR, aiming to monitor the advance of women in political parties; to collaborate with the women’s political education; to interfere in the Electoral Reform discussions and in the electoral legal framework; to articulate the insertion of women’s demands in the electoral platforms; to promote actions that stimulate women’s participation in elections: and to effectively participate in the combat against prejudice towards women. The National Forum of Women of Political Parties meets periodically and has representatives from 14 parties among the 27 in the country which already have some kind of internal organization of women.
146.Supported by the SPM/PR, the Forum has been drafting and distributing platforms with political action proposals addressing women to the various female candidates for elective positions. So the More Women in Power Platform was elaborated for the 2008 Municipal Election, which lists policies to be incorporated in the platforms of the candidates identified with the combat against racism and gender discrimination and with the equality principles and respect to diversity, fairness, State secularism, social justice and transparency of public actions. The document was elaborated by the National Forum of Women of Political Parties with the support of SPM/PR and the National Council of Women’s Rights (CNDM). A new version of the More Women in Power Platform is being prepared for the 2010 elections.
147.A measure of the progress by the forum together with SPM/PR is the elaboration of didactic material on political education for women’s in political parties in order to stimulate women’s participation in political parties and elections, contributing to a higher number of women candidates in elections. The realization of Regional Seminars in 10 states of Brazil is also foreseen to mobilize women of political parties in state and municipalities to form Regional Forums of Women of Political Parties.
148.In June 2007, CNDM and the female caucus of the National Congress supported by SPM/PR, promoted a public manifestation in front of the National Congress to draw attention to the consistent absenteeism of women in the spaces of power and to encourage a political reform also from a gender point of view. With the motto “No less, no more: just equal”, women showed their concerns about the directions of the political reform in the country and demanded higher participation in the Brazilian parliament.
149.During the protest, an open letter signed by CNDM, by the female caucus of the National Congress and by the Forum was distributed to the parliamentarians with demands such as the pre-arranged list with gender rotation, 30% of electioneering time on radio and TV for women candidates and 30% of the Party Fund resources for organizations of women of political parties.
150.Many of the actions and recommendations approved in the municipalities and states conferences during the preparatory process of the II CNPM reinforce the need for changes in the values and principles that are at the basis of the gender relations and the evaluation of women’s conditions by society in general. In other words, these initiatives target the cultural formation of the society itself related to the consecrated representations of men and women and the spaces occupied by them. That way, the work aims to create procedures and mechanisms that stimulate new perceptions and attitudes, deconstructing myths and prejudices that feed inequalities even in family and private spaces, in which the power relations between genders start to be engendered.
151.To debate the underrepresentation of women in politics, the political reform and the women’s presence in the spaces of power and decision-making, the SPM/PR and the CNDM held the seminar “More Women in Power: a Matter of Democracy” with the support of the female caucus in the National Congress and of the Forum as part of the celebrations of 8 March 2009. The seminar was attended by representatives from various spheres of power, from civil society, political parties and researchers of the subject.
152.Besides this, the campaign “More Women in Power: I am committed to it!” was launched, the goal of which was to promote changes in power structures and institutions, as well as in culture and mentality, that engender new social relations between men and women. During the campaign the website www.maismulheresnopoderbrasil.com.br was created to spread news, statistics, texts, articles and studies about women’s participation in politics and in spaces of power and decision, involving not only their presence in the three branches of government, but also in state-owned and private enterprises, political parties and civil society movements and organizations.
153.On the occasion of the seminar, it was announced that SPM/PR would establish a Tripartite Committee to discuss, to draft and to refer a review proposal for Law No. 9,504 of 30 September 1997, which establishes rules for the elections considering the proportion of black and indigenous women in the population. This committee, created by the Instruction No. 15 of 11 March 2009, started its work on 14 June 2009. It was coordinated by SPM/PR and composed by representatives of Executive, Legislative and civil society organizations. To draft the proposal, the Tripartite Committee held eight ordinary meetings and three public hearings. In the first public hearing, researchers who study the political participation on gender perspective were consulted. In the second, representatives of political parties were heard to reveal their views about the agenda of the reform. In the last one, the Superior Electoral Court was consulted to discuss the Tripartite Committee proposal and the implementation of the Law No. 12,034 passed on 29 September 2009.
154.Concomitantly to the Tripartite Committee, the Chamber of Deputies created a Work Group to draft a bill that would change the Political Parties Law and Electoral Law. This work group was composed by party leaders and had the participation of three female deputies that represented the Federal Chamber in the Tripartite Committee. The Tripartite Committee considered it was essential, along with the draft of its proposal for reviewing the Electoral Law, to intervene in the debates taking place in the National Congress in order to include in the proposal measures that would ensure women’s broader participation in politics.
155.The SPM/PR was present throughout the discussion process about the political reform. which the protagonism of the Tripartite Committee was relevant, by guiding the subject of a broader women’s participation in politics in the political reform agenda, and strengthening the acts of the female caucus and the feminist movement organizations in an articulated action to include the subject as one of the issues for debate and deliberation. As a result, Law No. 12,034/2009 for broadening the women participation in politics brought the following changes.
156.The third paragraph of the article 10 of Law No. 9,504/1997 now has the following wording: “From the number of vacancies resulting from the rules foreseen in this article, each party or colligation will fulfill the minimum of 30% (thirty percent) and the maximum of 70% for each gender on its list of candidates”. In the previous version, the word used was “will reserve”. With the change, the parties have to maintain the proportionality of at least 30% and maximum 70% for each gender in their list of candidates.
157.Item V and paragraph 5 were included into Article 44 of Law No. 9,096/1995, which regulates the application of the Party Fund resources:
“ V. In the creation and maintenance of programs to promote and to increase women ’ s political participation according to the percentage to be set by the national party management body, the minimum of 5% (five percent) of the total shall be observed. ” (NR)
“ § 5º- The party that does not fulfill the disposed in the item V of the caput of this article shall designate the percentage of 2.5% of the Party Fund towards it in the next year, and is prevented from using it for other activities. ”
158.Article 45 of Law No. 9,096/1995, which deals with free electioneering, was added with the item IV:
“ IV – To promote and to publicize the women ’ s political participation, dedicating to women the time to be set by the national party management body, which shall observe the minimum of 10% (ten percent). ”
159.On 17 December 2009, the Final Report of the Tripartite Committee was presented the in SPM/PR auditorium in Brasília. The Committee then concluded its work by presenting a Draft Bill including proposals to reform the Brazilian political and electoral systems, changing Law No. 4,737 of 15 July 1965, Law No. 9,096 of 19 September 1995, and Law No. 9,504 of 30 September 1997, to increase political participation.
160.The proposal is divided into four chapters that deal with “Federations”, “Public Financing”, “Pre-arranged Lists” and “Electoral Colligations”. Among the suggested proposals in the Draft Bill are the adoption of pre-arranged lists with gender rotation, the public financing of the campaigns, the destination of 30% of the Party Fund resources to create and maintain the programs to promote and to extend the women’s political participation, the resources management by the women’s instances in political parties and the utilization of 50% of electioneering time to promote and to extend women’s political participation.
161.It is also important to highlight the holding of the First National Seminar of Black Women’s Empowerment and Political Engagement in August, 2009, promoted by SEPPIR/PR along with the Subsecretariat of Affirmative Action Policies (SUBPAA/SEPPIR). The seminar aimed to attune positions, to cross data, to evaluate practices, to develop theories and to find the reasons why, despite the incontestable advances, the equitable coexistence among citizens with different skin pigmentation does not occur.
162.Thus, the instigation for Black women to participate in political parties, besides meeting the guidelines of these Plans, aims to boost and democratize the internal relationships of the political parties, to insert and strengthen the debate and the growth of the party from gender and ethnic-racial perspectives also. This action is based on the understanding that it is essential to reveal new female political party protagonists and to promote the insertion of black women, either in the management instances and/or as representatives in the Legislative and/or Executive powers.
163.For this purpose, the SEPPIR/PR, the SPM/PR and the United Nation Development Programme (UNDP) have united to construct this Project in the first instance. In 2010 the publication of a guide for black women’s political participation and the realization of the Second National Seminar of Black Women’s Empowerment were proposed to continue the works.
164.In the Judiciary Power, the lower representation of women in the spaces of power and decision-making shows the social roles experienced by women and men in a patriarchal culture with the “masculinization of the command and feminization of subalternity”. At the entrance level of the career, when the entry is made through public contests, the number of women is significant, a fact inverted in the superior instances and in those positions conceded by indication. The election of Minister Carmen Lúcia Antunes Rocha for the Supreme Electoral Court (TSE) in 2009 increased the percentage of women in the supreme courts in the country from 14.45% to 16.7%.
165.The current composition reveals 14 women and 76 men as ministers. Despite this advance, the distribution between women and men in superior courts shows how the women’s ascension to higher hierarchical positions is difficult in the three powers. In the legal area, when analyzing the representation of female attorneys, women already make up 45.9% of all attorneys. Women represent 34.4% of the class of magistrates; in the National Justice Councils, women represent 19.45%; and in superior courts, 17.56%.
166.Regarding organized society, the feminist and women’s movements stand out due to their broad diversity: Black, indigenous, lesbian, rural and domestic workers, housewives, and mothers’ associations among others. These groups are supported by identities that surpass the gender reference by their convergence with social condition, race/ethnicity, sexual orientation, and others. Other women’s participation spaces are the environmentalist, black, human rights, lesbian, gay, bisexual and transgender (travesties and transsexuals), handicapped, elderly, child, adolescent and youth movements.
167.Women also have great involvement in larger and wide-ranging institutions and movements such as neighborhood associations, professional associations, unions, universities and political parties, as mentioned before. In these institutions, women commonly get together, constituting spaces that assume the form of coordinations, departments and nuclei to develop studies and to present proposals about women’s issues and gender relations to respective institutions, the State and society as a whole. The nuclei of study and research about women and gender at public and private universities of the country have been inserting the subject in the production of knowledge and new technologies.
168.Since their creation, in 1985, the Women’s Rights Councils — facultative in each state and municipal administration — have been a rallying point of the women’s movements. Nowadays, there are 23 state councils and 183 municipal councils.
169.The next achievement was the government mechanisms with power of execution, larger political articulation of women’s policies and better conditions of public intervention with their own budgets and structure, as the Women’s Secretariats and Coordinations or Nuclei of women’s Policies. There are 17 state executive bodies and 162 municipal ones in the country nowadays.
170.Besides these mechanisms, the National Conferences stand out, which provide subsidies for the elaboration of their corresponding National Plans. The National Conferences are held by the government regularly, being preceded by the municipal and state conferences. Their implementation is a privileged process of mobilization for debate, elaboration of synthesis and establishment of agreements, consensus and commitments. The implementation and results of the First National Women’s Policies Plan (I PNPM) were assessed in August, 2007 at the II CNPM. Besides the assessment and review of I PNPM, the delegates also discussed the issue of women’s participation in the spaces of power. As a result, a new axis was included into the II PNPM that represents actions specifically directed to the women’s political participation and representation.
Article 8
171.Since the creation of SPM/PR, in 2003, Brazil has been present in all international meetings which defend women’s rights and which are associated with the promotion of gender equality. This intense international participation has been widely favored by the close cooperation established with the Ministry of Foreign Affairs (MRE).
172.The goals of Brazil’s foreign operations consist of responding to global initiatives for the inclusion of gender issues in public policies and for the implementation of the commitments to promote women’s human rights assumed by the Federal Government with international organizations. Brazil has been defending a number of policies, including women’s sexual and reproductive rights as a strategy to combat the spread of HIV/AIDS, an inclusive and non-sexist education, the combat to women’s vulnerabilities in poor and developing Countries, and the assurance of women’s access to justice and public power spaces.
173.In this process, Brazil has acted in various international instances. The Country presented to the Committee on the Elimination of Discrimination against Women (CEDAW) in 2003 its first National Report on policies developed for the implementation, in the Country, of the Convention for the Elimination of All Forms of Discrimination against Women, which resulted in a widely distributed publication, also available at SPM/PR website. In August 2004, the Country elected Dr. Silvia Pimentel, Ph.D., a renowned jurist and feminist, for the position of expert of the CEDAW Committee, an instance which Brazil had been participating until then with Dr. Ruth Escobar, Ph.D., elected in 1985. Dr. Silvia Pimentel, whose election in 2004 showed the effectiveness of coordination between the Brazilian Government and women’s and human rights social movements, was re-elected in 2008.
174.At the Organization of American States (OAS) in October 2004, Minister Nilcéa Freire, of the Special Secretariat of Women’s Policies, became the first Brazilian woman to be elected as the President of the Inter-American Commission of Women (CIM) with a significant vote of 26 in favor and 7 against. The Minister, who held the post until 2006, deployed the Follow-Up Mechanism of the Belém do Pará Convention (MESECVI), under which the signatory Countries have committed themselves to regularly report the policies implemented to prevent, punish and eradicate the violence against women.
175.Regarding the Economic Commission for Latin America and the Caribbean (ECLAC), the Sub-Regional Meeting for South America was held in March 2004 in Brasilia, preparatory for the IX Regional Conference on Women in Latin America and the Caribbean. In 2007 Brazil was engaged in negotiations of the X Regional Conference on Women in Latin America and the Caribbean, which led to the “Quito Consensus” – a document that urges regional States to take the necessary measures to ensure gender parity in public positions, as well as to eliminate discriminatory employment practices. Continuing this effort, in July 2010, Brazil intends to host the XI ECLAC Regional Conference on Women in Latin America and the Caribbean, to be held in Brasilia. ECLAC’s support to the realization of the conference in Brasilia indicates the recognition of the role that Brazil has been exercising in the region in women’s rights promotion.
176.Finally, at the 5th World Social Forum held in Porto Alegre, in 2005, Brazil endorsed the declaration by the reaffirmation of commitments to the development of equality between women and men signed by Minister Nicole Améline of the Parity and Professional Equality of France, and by Professor Wangari Maathai, Nobel Peace Prize.
177.Besides having sought to strengthen the existing international instances for dealing with the women’s issue, Brazil has stimulated the creation of specific forums, such as REM, chaired by Brazil in 2004 and 2008, the Women’s Forum at IBAS – India, Brazil and South Africa Dialog Forum, and the Community of Portuguese Language Countries (CPLP), which also holds special meetings on the gender issue. Participation in these different spaces has enabled a more positive national agenda regarding the women’s interests.
178.The most direct women’s role in the international scene is a diplomatic career. In Brazil, the entry of women in the Foreign Ministry was legally established with the approval of Law 2,171 on 18 January 1954, whose first article stipulates that native Brazilians may enter careers “without distinction of sex”. Nevertheless, the advance took place primarily through the courts, when the Supreme Federal Court ruled in favor of Maria Sandra Cordeiro de Mello by judging in her favor a writ of mandamus for her to enroll in the public competitive examination of 1952.
179.In recent decades, the proportion of women in diplomatic careers has remained stable around 20%, with small increase in recent years. The stability of this percentage is undoubtedly problematic since the condition of Brazilian women has improved in various areas, especially regarding to higher education, which has not been reflected by an increase of the number of women in the diplomatic career. The absence of a specific policy aimed at increasing the female contingent in the Brazilian diplomatic service might explain this trend.
180.However, once in the career, women are gaining space. Back in 2003, it was possible to see that most of the Brazilian female diplomats reached only an intermediate level, usually Counselor, being successively overtaken by their male colleagues in the categories of Minister and Ambassador. Women numbered only 6.1% of the total Brazilian Ambassadors. Currently there are 21 women performing this function from a total of 177, which corresponds to 11.86% of diplomats in this category – less than the average percentage of women in the career, currently at 21.1%. (See Table 3.1 in the Annex.)
181.It should be noted that the Brazilian State also has Ambassadors in positions of command, such as the Permanent Mission of Brazil to the United Nations New York and the Permanent Delegation in Geneva.
182.Despite this improvement regarding the rise of women in diplomatic service, the largest number of women are in the Third Secretariat class, the first level of the career. There are currently 66 Third Secretaries of a total of 287 diplomats in this category, which is largely explained by the increasing number of staff promoted by the Brazilian government since 2006. (See Table 3.1 in the Annex.)
183.The high percentage of women at the Special Framework also stands out, which means that the tendency to end the career in intermediate classes, whether as the First Secretary, whether as the Counselor, remains in force.
184.Under the affirmative policy adopted by MRE for the access to diplomatic career by African descents, although this has not the purpose of a specific policy, the entry of black women in the career has also been observed. From 2003 to 2008, four women of African descent entered the diplomatic career thanks to such a policy.
185.The careers of Diplomat, Chancellery Official and Chancellery Assistant compose the Brazilian Foreign Service. (See Table 3.2 in the Annex.) From these, the greatest in responsibility, prestige and remuneration is the diplomatic career. In the other two careers, subordinated even to the lowest ranking diplomats, women are the majority, by contrast.
Article 9
186.As informed in the previous report, the Brazilian legislation equally protects its men and women, and provides equal treatment to migrants of both genders. Brazil has been signing and ratifying all international Conventions and Treaties dealing with the protection of nationality in general, as well as those dealing with the protection of women’s nationality.
Article 10
187.In recent years, educational indicators have recorded that in Brazil, women have surpassed men. The average years of schooling is a good example. In 2008, women over 15 years old had an average schooling of 7.6 years compared to 7.3 years among men. The same situation is observed in all regions of the Country. Among the employed population in urban areas, the difference between men and women widens: while men had, in 2008, an average schooling of 8.3 years, women had 9.2 years, surpassing the level of basic education (whose duration was extended, from 2006 on, to nine years). This means that women tend to qualify themselves more to enter the job market, which does not revert into higher wages or skilled occupations higher than those of men, nor does it mean the release from domestic and home care responsibilities. (See Figure 2.1 in the Annex.)
188.Also in 2008, one considered the population above 10 years old who studied for seven years or less, in other words, the incomplete basic level, 53% were men and 47% were women. In the opposite segment, of those who studied 12 years or more, in other words, reached higher education, 57% were women and 43% were men.
189.The reality is different among women over 60 years old, since illiteracy is still prevalent at this age. Elderly men, in turn, have a higher average of years of schooling than women (4.3 against 3.9) and lower illiteracy rates. Such observation is an expression of a past in which the public space was not permeable to the presence of women in a condition of worker or as a citizen, being left for them only the responsibilities for domestic private work. Women therefore had no access to education or had it at rates significantly lower than men.
190.Except this age group, Brazilian women are more educated than men and also have lower illiteracy rates. In 2008, 9.8% of women aged 15 or over were illiterate and 20.5% were considered functionally illiterate. Among men, these percentages were 10.2% and 21.6% respectively. This framework tends to be reversed, however, when observing the Southeast and South Regions, where women’s illiteracy rates were higher than men by about one percentage point. Surprisingly, in the regions considered less developed, women have higher literacy levels than men. The female advantage is greater in the Northeast region, where 16.1% of women over 15 years old were illiterate compared to 19.3% of men of the same age. (See Figure 2.2 in the Annex.) Such phenomenon may be related to higher migration of men with higher education from the less developed regions to the more developed ones.
191.The discrepancy and school dropout statistics are also less frequent among women, making the age-grade distortion smaller for women than for men. Thus, while 44% of boys from 15 to 17 years old attended the educational level appropriate for their age (high school), this proportion was much higher among girls (56.8%). Values and gender conventions contribute to confirm this scenario, ultimately encouraging more boys to abandon their studies to work and help the support their families, while girls are destined to domestic work, which theoretically can be more easily reconciled with school activities.
192.Evidently, the challenges are still huge. Despite the progress achieved the fundamental demands for gender equity in education remain: awareness of federal, state and municipal managers, nationwide training of education professionals, promotion of a curriculum change that includes the gender issue transversally in the curricula of basic and higher education, and the consequent development of various teaching materials and guides for teachers to practice in the classroom. Given the overall parity in enrollment by gender, with a slight superiority for women in secondary and higher education, affirmative measures are confined to groups such as indigenous, rural population, browns, African descents, the disabled, among others.
193.Important steps have been taken in all these fields in recent years. Two visible processes in recent years illustrate the consolidation of the gender and sexual orientation issue in federal education policies. First, there was a considerable expansion in the scale of training processes for education professionals on these and on other issues, which accompanies the yearly increase of their budget. Secondly, but not least, intersector policies by gender involving MEC, SPM/PR, SEDH/PR, and MS, among others, have also been consolidated and expanded since their creation, from 2004 on. The results of some of these projects are detailed below.
194.Based on the evaluation that it is necessary to strengthen the national consensus about the importance of gender, race and sexual orientation issues in education, the politics have focused on training educators and other professionals related to education in relation on the subject, besides developing teaching materials that support the classroom actions.
195.For the transversal treatment of gender relations, ethnicity, race and sexual orientation issues, the Gender and Diversity in the School Course developed by SPM/PR, MEC and SEPPIR/PR, stands out among these processes to train educators. The pilot project in 2005/6 had the partnership of the British Council and the Latin American Center for Sexuality and Human Rights at the State University of Rio de Janeiro (CLAM/UERJ). Between 2006 and 2009, MEC spent approximately R$5.5 million on the project. The course is delivered through e-learning with three face-to-face meetings, and can be offered as an extension and specialization with minimum workload of 200 hours for extension and 380 hours for specialization. In its pilot phase, in 2006, public elementary schools professionals were trained in six Brazilian municipalities (Nova Iguaçu and Niterói – RJ, Salvador – BA; Porto Velho – RO; Dourados – MS, and Maringá – PR) through an e-learning which transversely addressed the gender, race, ethnicity and sexual orientation issues. Since 2008, the course is offered through the Open University of Brazil (UAB), a program linked to the Coordination for the Improvement of Higher Education Personnel (CAPES), a MEC autarchy, through the Education Network for Diversity, which includes several courses of the Secretariat of Continuing Education, Literacy and Diversity (SECAD/MEC), and through partnerships with public higher education institutions (universities and federal institutes) in several states of the federation.
196.UAB has prioritized the training of Basic Education professionals. To achieve this main goal, it holds ample cooperation between Brazilian public higher education institutions, states and municipalities. Through the e-learning methodology with face-to-face meetings, it promotes the access to higher education for population groups that are excluded from the educational process, as a result of the policies to expand and to internalize the courses offered and the higher education programs through partnerships between the federal, state and local spheres.
197.In the 2008 edition, 18 federal and state higher education institutions offered 13,340 vacancies. In the 2009 edition, eight other higher education institutions also offered 6,660 vacancies. For 2010, other higher education institutions will be selected with new funds for the institutions that offered the course in 2008 and 2009 to offer new vacancies.
198.Still in the professional training field, for 2010 a new partnership to train public policy managers was made. In partnership with SEPPIR/PR, SECAD/MEC, UNIFEM, the Institute of Applied Economic Research (IPEA) and CLAM/UERJ, UAB will provide by public announcement the Management of Public Policies for Gender and Race Course, also through the Education Network for Diversity, aiming to train professionals able to act in the elaboration, implementation, monitoring and evaluation of projects and actions, ensuring the transversality and intersectionality of gender and race in public policies. The course is aimed at education, gender, race, health, labor, safety and planning managers, as well as federal, state and municipal public servants, members of the Women’s Rights Councils, Intergovernmental Forums for the Promotion of Racial Equality, Education Councils, and leaders of nongovernmental organizations related to gender issues and ethnic and racial equality.
199.Besides the e-learning courses, since 2005 MEC also develops projects to be held together with the systems and training courses for education professionals in class, and for the preparation, production and distribution of teaching materials on gender issues and sexual diversity. In 2005/2006, through Public Announcement, 31 institutions were selected between IESs, NGOs and City Halls for training approximately 2,500 education professionals and preparing teaching materials, with a cost of R$1.25 million. In 2007, through the CD/FNDE Resolution No. 66/2007, 12 IESs were selected to train approximately 2,300 education professionals and developing teaching materials, with a cost around R$1.5 million. In 2009, through the CD/FNDE Resolution No. 16/2009 and the Public Announcement No. 15/2009, 13 IESs were selected to train approximately 6,600 education professionals and to prepare teaching materials, with a cost around R$4.5 million. These education professionals will develop intervention projects by the end of the course to be applied in the education systems of which they are a part.
200.The training processes of educators in Human Rights and those related to other diversity issues include the treatment of gender issues in line with the National Plan for Human Rights Education. The Human Rights Education Program, developed by MEC in partnership with SEDH/PR (in 2005/2006), supported the training of basic education professionals in the subject, the production and publication of teaching material specialized in human rights for teachers and students, public hearings on the Human Rights Education and the structuring and strengthening of the State Committees on Human Rights Education. In 2006, 14 public universities were selected by MEC in projects to structure and to strengthen 14 State Committees on Human Rights Education and train teachers of the public education network, at a cost of R$700,000. In 2007, 27 states of the federation were supported to continue the projects supported in 2006 and initiate actions in states that did not have human rights education projects. In 2008, 7,500 educators were trained by MEC in 15 states of the federation, in municipalities where public hearings will also take place, with an investment of R$1.5 million. This action resulted in the structuring of the Brazilian Human Rights Network. SEDH/PR is investing an additional R$1.2 million quota in the 12 other states.
201.In 2009 by public announcement, the e-learning course in Human Rights Education was provided by the Education Network for Diversity, part of UAB. About 5,500 vacancies were provided for 16 higher education institutes, for extension and specialization courses, with a workload of 200 hours for extension and 380 hours for specialization. This course has as its target audience: education professionals, community leaders, state committees or Councils of Human Rights Education members and professionals from areas related to the National Plan for Human Rights Education (media, informal education, and justice and security). In 2010 other higher education institutes will be selected to offer the course. The higher education institutions selected will also receive funding to develop teaching materials.
202.Regarding children and adolescents’ rights, MEC has been developing some actions considering the high degree of vulnerability of children and adolescents, mainly related to factors such as gender, race, ethnicity and socio-economic inequality, including the combat against the trafficking of women and girls for sexual exploitation. The ECA and the Maria da Penha Law regulate the combat against various forms of violence and rights violations, and are important milestones in the current MEC actions in the issue. To avoid these various forms of violence and violations of rights, it is necessary to have an awareness campaign including schools regarding egalitarian attitudes and ethical values of unrestricted respect to gender diversity and peace enhancement. Accordingly, in 2007 the National Pact to Combat Violence against Women was formed to prevent and combat all forms of violence against women, developing a set of measures to be executed between 2008 and 2011, including education.
203.In 2009, a cooperation agreement between MEC, SEDH/PR, the Pro-Child Portal (associated with Fundação Telefônica) and the Centre for Social Entrepreneurship and Third Sector Management – CEATS (associated with the Institute of Administration Foundation – FIA) was signed to develop the course ECA at School, which aims at the implementation of the Law 11,525/2007. The course was/is being offered for 2,000 Elementary School teachers by e-learning, with a workload of 42 hours. In 2009, the schools that make up the More Education Program were prioritized, as well as 30 schools that compose the Socio-Educational System or are associated with it.
204.To continue this project, in 2010, besides keeping the “ECA at School” course, e-learning courses about the ECA will be offered through UAB to the Education Network for Diversity. These courses will be extension courses with a workload of 90 hours, targeting Basic Education professionals – teachers, state and municipality education managers, school directors and pedagogical coordinators, tutelary counselors, counselors of children and adolescents rights, health professionals, social development professionals, public and justice security officers, media and communication professionals and social movements leaders associated with the promotion and protection of the children and adolescents rights.
205.The Protecting School Project (EqP) is another strategic project of public education policy that aims to promote and to defend the children’s and adolescents’ rights in the school context by coping and preventing violence, including all kinds of violence related to gender, by undertaking the following actions: (a) continued training of education and Protection Network professionals (classroom courses); (b) production of teaching and/or paradidatic materials; (c) development of the Educational Intervention Plan by the professionals who attend the course; (d) coordination of the local Management Committee to monitor and evaluate the project implementation; (e) events on child labor and sexual exploitation on the occasion of 18 May and 12 June. The priority municipalities for the development of this project have been defined from two databases: (a) crossing data from some programs to combat vulnerabilities, among those the More Education Program, the National Program of Public Security with Citizenship and the Intersectoral Matrix of Commercial Sexual Exploitation of Children and Adolescents (ESCCA); (b) municipalities identified in the Map of Points Vulnerable to Sexual Exploitation of Children and Adolescents along the Brazilian Federal Highways (nightclubs, gas stations, motels, nightclubs, checkpoints, and others), a partnership of the Federal Highway Police Department (DPRF), SEDH/PR and ILO.
206.The EqP pilot project implemented in 2004 in Recife, Belém and Fortaleza, reached 403 schools and 4,340 families, training 1,540 teachers in the first year. In 2006, with the participation of 20 IELs, EqP reached 800 schools of 84 cities in 18 Brazilian states, training 4,500 education professionals in classroom and e-learning modules. Besides training, the Local Management Committees began to be articulated to strengthen the Protection Network in the municipalities. In the 2007 edition, MEC distributed around R$100 thousand to each one of the 22 IESs. The goal of each IES was to train 700 professionals, besides other related actions. In 2008, SECAD/MEC released the CD/ENDF Resolution No. 37/2008 for the elaboration of projects to obtain financial support to coping with violence. Twenty institutions had their projects approved with a goal of 500 trained professionals and other actions. In 2009, the CD/FNDE Resolution No. 17/2009 was released to substantiate the financial support to 15 public universities.
207.It is noteworthy that in 2008, with the implementation of the More Education Program established by the Interministerial Normative Instruction No. 17 of April 24, 2007, the human rights subject in education began to compose the set of priority actions for Comprehensive Education, named “macro fields.” SECAD/MEC has been developing specific materials to support schools in the development of actions on which this macro field was requested.
208.In another important field of action, after the creation of SECAD/MEC in 2004, there has been an improvement in the treatment of gender, race and ethnicity issues in public announcements to assess and to select textbooks distributed to schools. There was an improvement in the reference to gender issues and the positive treatment of women in texts and images in the Announcements of the National Textbooks Program (PNLD) in 2007 and 2008, respectively concerning the books for the 1st to the 4th and the 5th to the 9th grades of the Elementary School. The selection Announcement of textbooks for the 1st and 4th grades for 2010, as well as for the High School for 2012, released by the Basic Education Secretariat of the Ministry of Education (SEB/MEC) in partnership with SECAD/MEC, has important advances in the criteria for gender and sexual orientation, even mentioning the fight against homophobia.
209.Parallel to these actions on books, SECAD/MEC edited important publications on the subject that are worth mentioning and have been distributed in the public education networks in Brazil: (a) Feminist Perspectives, organized by Adriana Piscitelli, Hildete Pereira de Melo, Sônia Weidner Maluf and Vera Lúcia Puga; (b) Sexual Diversity in Education: Problems on Homophobia in Schools, organized by Rogério Diniz Junqueira; and (c) School Guide: Methods to Identify Signs of Abuse and Sexual Exploitation of Children and Adolescents, produced by SEDH/PR and MEC. The first two correspond, respectively, to volumes 10 and 33 of the Education for All Collection, while the Guide is under review to be widely disseminated.
210.An important strategy to mobilize and to sensitize education professionals about the abuse and sexual exploitation of children and adolescents is the Carnival Campaign. It is held in partnership with the Subsecretariat for the Promotion the Children’s and Adolescents’ Rights of the Special Secretariat for Human Rights (SPDCA/SEDH) and the Interministerial Group against Commercial Sexual Exploitation of Children and Adolescents.
211.Regarding the actions for specific groups, between 2004 and 2006 there has an increase by 252% in the schools registrations in quilombo areas according to the School Census (INEP/MEC). There was also a 61% increase between 2005 and 2006 of the number of schools, located or not in quilombo areas, which offer specific material for this group. In 2007 alone, agreements were signed with 15 states to build schools and improvements on indigenous lands, totaling almost R$80 million in committed funds. Programs were created for supporting indigenous teachers in higher education in indigenous and intercultural graduations (Program for Supporting Higher Education Indigenous Graduation – PROLIND). The goal until 2010 is to expand from the current 1,000 registered teachers to 4,000.
212.For Rural Education, between 2005 and 2007, 8,329 schools were benefited with actions to support infrastructure improvements or professional training, and 727 technicians and 30,676 teachers were trained. Through the Knowledge of the Earth Project (Projeto Saberes da Terra), now linked to Projovem, 35,060 youth family farmers were trained in 2 years (2005 and 2006) in 12 states. It is also important to mention the efforts made to build a specific national policy for training rural education teachers, breaking the urban-centered perspective. Also remarkable is the draft of the university undergraduate course in field education resulting from the articulation with public universities and other social actors participating in the Permanent Working Group on Rural Education.
213.In recent years gender projects targeted at students from basic and higher education have also been being developed. The first, more specific, is the Women and Science Program, resulting from a partnership between the SPM/PR, the MEC (SECAD/MEC and SEB/MEC), the Ministry of Science and Technology (MCT), CNPq/MCT and UNIFEM. The program is composed by a Researches Announcement of CNPq/MCT; by the Building Gender Equality Award; and by the National Meeting of Research Centers and Research Groups – Thinking about Gender and Science, aiming to give value to the research performed and stimulate the production of new knowledge in the gender relations, women’s and feminism fields among high school, professional education, undergraduate and post-graduate students.
214.In the period, two research announcements were launched together with CNPq/MCT. In its first edition the announcement received 388 research projects submissions. The proposals came from 25 Brazilian states from all the regions of the country. The broadening of the field of studies on gender relations, women and feminism was evidenced: 42 areas of knowledge presented proposals to the announcement. After analyzing them, the CNPq/MCT technical committee recommended financial support to 130 proposals within the available budget. In its second edition, in 2008, the announcement received funds of R$5 million and had a new partnership with the Ministry of Agrarian Development (MDA), which sought to promote the development of research studies on gender and rurality. The announcement received 364 research project submissions from almost all the states, and 173 proposals proportionally distributed among all regions were approved.
215.The 1st National Meeting of Research Centers and Research Groups – Thinking about Gender and Science was held in 2006 to map and to analyze the field of research and studies on gender and science in Brazil. The meeting gathered in Brasilia 330 researchers from more than 200 research centers from all regions of the country. Among the several recommendations of the meeting were: the introduction of the gender subject in university curricula; the transformation of the Women and Science Program into a permanent policy, the increase in women’s participation in leadership positions of scientific research funding agencies (CNPq/MCT, CAPES/MEC); and the inclusion of gender, feminism and sexual diversity publications in the national libraries. The 2nd National Meeting was held in June, 2009, and brought together an audience of representatives from more than 150 scientific research centers from all over the country to discuss the institutionalization of feminist and gender studies in education, science and technology systems, the mechanisms of institutional expansion, support and assessment of scientific publications as means for consolidating the area, and the strengthening of measures and actions that contribute to foster women’s participation in academic science and technology careers.
216.A fundamental part of the program is the Building Gender Equality Award, a writing contest for high school students and scientific papers contest for undergraduates and post-graduate students. During the I PNPM term, three editions of the Award were held and the fourth was launched in 2008. In its first edition, in 2005, the Award received 1,587 works, while the penultimate edition in 2008 received 3,002 works (703 for Undergraduate and Postgraduate categories and 2,299 for the High School category), an increase of 90% in the period. The first two editions gave prizes only to the authors of the winning works – computers, printers and/or research grants and money prizes, depending to the category. In the 2007 edition, the educational institutions and teachers were also awarded with computers and subscriptions of the Feminist Studies Journal and the Pagu Books.
217.In the 2009 edition, the award received a total of 3,573 submissions, 704 for the Undergraduate and Postgraduate categories and 2,869 for the High School one. This latest edition of the award diversified the modalities of students’ participation and created the category School Promoting Gender Equality, which values the work of the school community in the debate about the approach on gender issues in the education context, particularly the inclusion of the subject in the curricula, political-pedagogic project and teaching materials. There were 44 submissions in this category and 5 schools will be awarded at the 5th edition, one per region, while 27 schools will be awarded in the 6th edition, one per unit of the federation.
218.To formulate policies that promote the production and dissemination of statistical information on Higher Education with data segmented by gender and race/ethnicity, in December, 2007, the SPM/PR held the Symposium on Brazilian Gender and Higher Education Indicators, in a partnership with the National Institute for Educational Studies and Research of the Ministry of Education (INEP/MEC). On that occasion, subjects were discussed such as women’s trajectory in Higher Education, gender, disciplinary areas, regional perspectives of higher education and the construction of gender indicators. The meeting responded to one of the main recommendations of the 1st National Meeting of Research Centers and Research Groups – Thinking about Gender and Science, held in 2006, which was: “To formulate policies that promote, using new methodologies, the production and dissemination of statistical information on Higher Education with data segmented by gender and race/ethnicity, in agreements signed between foundations, development agencies, ministries, representative organizations of the researchers and other public bodies”.
219.Another project worth mentioning is the Ethics and Citizenship Program, launched by the MEC in 2004, which address the gender and other issues with students. It aims to encourage and to consolidate pedagogical practices that lead to freedom, social harmony, human solidarity and the promotion of social inclusion; strengthening educational activities based on the principles of ethics, democratic coexistence, social inclusion and human rights; supporting the implementation of the School Forum of Ethics and Citizenship and actions from the public schools communities and youth leaders. It is considered a continuing education program. Between 2004 and 2007, all Brazilian states, 626 municipalities, 2,200 schools, 92,400 teachers and over 2.5 million students were reached. In 2007, approximately 30,000 kits of the program were produced, containing a volume on Ethnic, Racial and Gender Relations as part of the support materials for the project. The program is being currently redesigned and it will be a continuing education by e-learning with innovations in the teaching material and content, especially regarding the gender module. The training workload will be 180 hours, extending for five months, giving time to study, to discuss, to reflect and to structure interventions about the project subjects.
220.The Thousand Women Project is inserted in the set of public polices priorities of the Brazilian Government, especially in equity promotion, gender equality, combating violence against women and access to education axes. The program has also contributed to the achievement of the Millennium Development Goals promoted by the UN in 2000 and adopted by 191 counties. Among the established goals are to end poverty and hunger, gender equality and women’s autonomy, and environmental sustainability. Integrated with these priorities, the Thousand Women Project aims by 2010 to promote the professional and technological training of a thousand poor women from the Northeast and North regions. The goal is to ensure the access to professional education and raise education levels, according to the educational needs of each community and the economic potential of the regions. Structured in three axes — education, citizenship and sustainable development — the program will enable social inclusion through the provision of training focused on autonomy and on creating alternatives for entering the labour market, so these women can improve their quality of life and their communities.
221.Concerning Professional and Technological Education, in absolute figures the enrollment between 2003 and 2005 increased, even with a slightly higher enrollment for women than for men, according to INEP/MEC data. (See Figure 2.3 in the annex.)
222.However, observing the technical careers, the so-called male careers continued with predominance of men, such as industry, information technology and agriculture. The exception is construction, which had a considerable increase in women graduated in this area. Among the so-called feminine careers, the predominance of women also continued, especially in health careers, an area traditionally feminine since it involves care. (See Table 4.1 in the annex.)
223.On Higher Education, according to the Higher Education Census of 2008 conducted by INEP, enrollment in 2008 was 10.6% higher than in 2007, with a total of 5,080,056, of whom 2,772,828 were women and 2,307,228 men. However, women’s enrollment is concentrated in teaching and health courses. The Higher Education Census of 2005 of INEP pointed out that among the ten most popular undergraduate courses, women hold the majority in five, mostly in pedagogy, nursing and language & literature, in which they hold 91.3%, 80% and 82.9% of total enrollment, respectively, while men hold the majority enrollment in engineering and computer science with 79.7% and 81.2%, respectively.
Article 11
224.In the last years, Brasil has experienced a phenomenon which has been described as “feminization of the labor market”. In fact, since the beginning of the 1990s decade, it has been possible to verify a significant increase in women’s participation in the labor market. This is the result of a combination of factors, among which stand out the drop in fertility rates, the increasing female scholarity and changes in values regarding the role and space of women in society. The highest presence of women performing productive activities in the public space associated with their high level of education has even enabled them to reach more qualified jobs in the labor market, achieving important power and decision-making positions, even though in reduced percentage.
225.While much has been achieved in Brazil regarding the women’s insertion into the labor market, a space potentially producer of economic and social autonomy, there still remains much to advance regarding the guarantee of equal entry and permanence conditions in this sphere, as well as remuneration for the activities developed.
226.This way, assuming that women’s activity rates have significantly increased over the years, these rates are still much lower than those recorded for men. In 2008, 52.2% of women aged 10 years or older and 72.4% of men in the same age group were employed or seeking for jobs in the domestic labor market. In the same direction, the level of occupation — which measures the proportion of the total population that is employed — for women reached 47.2% in 2008 against 68.6% for men. On the one hand, there is a strong movement of women entering the market, and on the other hand, there is still a situation of inequality that changes very slowly over the years, evidencing its structuring condition in the society (see the figure 3.1 in annex).
227.This situation is largely due to the sexual division of labor, which still imposes on women the task of unpaid housework and makes difficult — or even prevents — their presence in this sphere. In addition, despite the caring and reproduction work of families being an activity of crucial importance for the whole society, it is not considered as economic activity or accounted as such. Women with strenuous work hours and important responsibilities are, thus, considered economically inactive, with the activities they perform considered as work only when they are commercialized. It is noteworthy that in 2008, 86.3% of Brazilian women were engaged in carrying out household tasks compared to about 45.3% of men. The intensity with which they engage in these tasks is also different: women spend around 20.9 hours per week caring for their homes and families, while men who perform these tasks spend less than 10 hours per week. It is interesting to highlight that the inequality in the housework work hours has been reduced over the years much more by the drop in the number of hours worked by women, as the men’s housework work hours has remained virtually unchanged.
228.The decision to enter the labor market, despite all the difficulties faced, is not achieved with the same intensity for the workers of both genders. The women’s unemployment rate, historically, is always higher than men’s, largely due to the female reproductive life cycle. While the men’s unemployment rate was 5.2% in 2008, the women’s one reached 9.6%, representing more than 1.2 million unemployed women compared to men. The highest female unemployment rate was recorded in the Southeast (10.5%) and the lowest in the Southern region (6.5%), which should be related to the particular characteristics of the economic structures of each region. It is important to highlight that these rates have been falling significantly since 2003, a trend somewhat more favorable to women, but insufficient to reverse the structure of inequality.
229.When women manage to enter the labor market, they occupy more precarious jobs, in other words, not only the ones which pay less (or even pro bono), but also the ones with lower levels of social protection. In 2008, 42% of women aged 15 years or older were employed in positions considered precarious – employment without working papers; housework; pro bono jobs; and production and construction of goods for self-consumption. Among men, this proportion reached only 26.2% in the same year. It is noteworthy that there is a trend of improvement of the quality of occupation of the population in general which is somewhat more significant for women, considering that in 1998 these percentages were 48.3% and 31.2% for women and men workers, respectively.
230.When considering the employed women’s race or color, it is possible to notice that the precarious situation is partly determined by the racial factor, which is related to inequality in the educational system — the black population has levels of education systematically lower than those of the white population — but also related to processes of discrimination and prejudice experienced in the labor market. Then, whereas 35.7% of white women workers were employed in precarious jobs, this ratio was 49% for black women workers. Once again, it is important to notice the improvement in the precariousness of work and inequality scenario, as shown in Figure 3.2 in the annex.
231.Domestic work still is Brazilian women’s main occupation, and also the main occupation for black women. This activity and its precariousness of labor relations is a symbol of the discrimination against women. The paid domestic employment is mostly occupied by women (93.6%) engaged in caring with people and household tasks such as cleaning and cooking, while men in this occupation are drivers and gardeners. In 2008, these workers were 6.6 million people. Despite its importance for Brazilian women, the paid domestic work has been losing strength throughout the 2000s decade. In 2003, 17.3% of women were paid domestic workers, while in 2008 the percentage dropped to 15.8%.
232.The precariousness of the paid domestic work can be clearly realizing when analyzing the indicators of formal employment. The low formalization of paid domestic workers is a trend that affects women in different ways, according to their race/color or their location of residence, for example. As a whole, only a quarter of these women workers had a formal contract in 2008, meaning that the remaining 75% women employed in such jobs were socially unprotected, living in situations of vulnerability such as sickness, maternity protection, and aging, among others. The precariousness of such jobs is significantly more intense for black women, whose formalization index has reached 24.4% against 28.9% for white women (see Figure 3.3 in the annex). On the other hand, regarding this population’s level of schooling, the women worker’s average years of study raised from 4.4 years by the end of 1990 to 5.9 years in 2008.
233.These differences in the insertion in the labor market, together with educational inequalities, segregation of women and black people in lower quality jobs, and the existence of discrimination mechanisms and prejudice based on stereotypes, such as the women’s incapacity for leadership, generates a situation of women and blacks who are paid less than men and whites for the exact same job. In fact, in 2008, while white women earned 63% of white men’s average income, black women earned 65.8% of black men’s average income and only 35.3% of white men’s average income (see Figure 3.4 in the annex).
234.It is important to highlight that, probably due to the minimum wage enhancement policy and to social policies of income transference implemented in the last decade, the salary gap between these groups have been falling over the years, although at a slow pace, given the structural inequalities of the Brazilian society. Between 2004 and 2008, there was an increase in income for all men and women, but it was slightly higher for women, helping to reduce the salary gap between women and men workers and generating a continued downtrend of the wage gap between men and women in the Brazilian economy.
235.In the face of this latent and persistent scenario of inequality, the Federal Government has been taking actions to expand the women’s economic autonomy and to reduce the gender inequalities that still exist in the Brazilian labor market. Over the 2005–2010 period, several initiatives were created and the existing ones were deepened, reinforcing the Government’s commitment to the consolidation of an integrated national policy for social inclusion and social inequalities reduction by generating jobs, employment and income, promoting and expanding citizenship with specific policies for segments with particular needs and demands, such as rural, black and disabled women, among others.
236.In the programs for qualification and professional inclusion of workers, there is a priority policy for assistance to women. In actions taken to strengthen autonomy, equality at work and citizenship, the actions that sought to support young women in the Consortium for Youth Program (First Job) were primarily stimulated. Since the program’s creation in 2003 until its end in 2007, more than 215,000 young people were qualified, inserting more than 65,000 in the labor market. It is possible to say that of all actions approximately 55% of the recipients were young women. Under the National Qualification Plan (PNQ), women had a participation of 61% over the total students graduated from the professional qualification courses held with resources of 2007 which courses were executed in 2008.
237.In January 2004 a technical cooperation project was started between the Ministry of Labour and Employment and ILO called “Promotion of actions on social and professional qualification to promote social inclusion of men and women workers”. Aiming to contribute for the promotion of social inclusion and income generation through social and professional qualification of men and women workers, the project, whose execution was extended until March 2007, had five major lines of activities, with two of them specifically targeted to promote gender equality: “To insert the components of gender, ethnicity, age and disability in public policies for qualification and employment and income generation in order to promote social inclusion of women, black, elderly and disabled people” and “To participatively promote improvements on working conditions and income of paid domestic women workers”. The training activities to public managers of the three federative spheres about the gender and race issues and their relation to PQN were one of the intervention axis resulted from this project to foster the implementation of affirmative policies on PNQ. A second important axis concerns the development of a particular policy for paid domestic women workers under the Sector Qualification Plan (PLANSEQ), the aforementioned Citizen Paid Domestic Work Plan (PTDC). As can be seen, the cooperation project established between the Ministry of Labour and Employment (MTE) and the ILO has provided the bases and allowed the development of several of the initiatives mentioned.
238.The Solidarity Economy Programme developed by MTE is connected to the efforts to promote women’s economic and financial autonomy through solidarity initiatives, especially the organization of the sales of solidarity economy products and services, training and technical assistance for solidarity economic enterprises and their networks of cooperation, promoting the solidarity finance as community banks and solidarity revolving funds, and the development of a legal framework for the solidarity economy to guarantee the right to associated work. These initiatives intend to strengthen the Solidarity Economic Enterprises (EESs), which has a significant participation of women. 22,000 EESs were registered by 2007 in 52% of Brazilian municipalities, where about 1.7 million people participate, including 700,000 women in urban and rural areas.
239.The National Plan for Decent Work (PNTD) was established on 4 June 2009 by presidential decree, resulting from the joint effort of 18 Ministries and Secretariats of the Brazilian Government, including the SPM/PR, coordinated by the MEC. Its goal is to facilitate the articulation, monitoring and evaluation of the Federal Government programs and actions regarding the commitments and goals undertaken by Brazil, as part of a national strategy for poverty reduction and promotion of equitable, inclusive and sustainable development.
240.The National Plan is the apex of a process initiated in 2003 with the signature of the Memorandum of Understanding with the ILO. An Interministerial Executive Committee advised by a Tripartite Working Group has undertaken the implementation of the National Agenda for Decent Work, launched in 2006, and an Interministerial Working Group created in February 2008 drafted the National Plan based on the programs and actions related to the priorities of the National Agenda.
241.The National Plan for Decent Work has the following goals regarding gender:
(a)Integration of the professional qualification policies and workforce intermediation, especially for youth, women and the black population;
(b) Initiatives to formalize the informal activities, considering gender and race; in the specific field of paid domestic work, a 20% increase of workers with a formal labor contract is expected by the year 2011 and a 30% increase by 2015;
(c) Equal opportunities and treatment for men and women with a 5% increase in women’s participation and occupation and a 5% increase for the black population by 2011, with a growth in these percentages to 10% by 2015;
(d) A 5% decrease in income inequalities between white and black women and men by 2011 and 20% by 2015;
(e) A 35% increase in the number of women attended by the Women’s PRONAF by 2011 and 40% by 2015;
(f) A 30% increase in companies adhering to the Pro-Gender Equality Programme by 2011 and 50% by 2015;
(g) A 30% increase in women trained by the Women’s Work and Entrepreneurship Programme by 2011 and 50% by 2015;
(h) Training forum and commissions representatives, as well as public managers, to implement labor public policies by 2011;
(i) Development of methodologies for measuring the budget resources amount reserved for women’s employment and income generation to combat poverty with 30% of data segmented by gender, race and color by 2011 and 50% by 2015;
(j) Conclusion of the ILO consultation process Nr. 156 on workers with family responsibilities, to be submitted to the National Congress until 2011, as well as the ratification of ILO Convention nr. 156 until 2015;
(k) Conclusion of the consultations to equate the paid domestic workers’ and other workers’ rights by 2011 and to ensure the same rights to paid domestic workers and other workers by 2015.
242.Also in partnership with the ILO, it is worthwhile to mention the implementation of the Agreement BRA/07/03/BRA between SPM/PR and the ILO – Technical Cooperation Project “Promotion of Gender and Race Equal Opportunities in the Workplace”, which began in 2007, continuing until March 2010. It aims to contribute to the construction of equality in the workplace by strengthening the implementation of the National Women’s Policies Plan and the National Decent Work Agenda; to strength the institutional capacity of the SPM/PR to develop, coordinate and implement policies, and promote the social dialogue on gender and race equality in the workplace.
243.Among the programs aimed at expanding the women’s economic autonomy, it is important to mention the following.
244.The Women’s Labour and Entrepreneurship Programme, launched in 2007 by SPM/PR in partnership with the Brazilian Institute of Municipal Administration (IBAM), the Brazilian Micro and Small Business Support Service (SEBRAE) and the Federation of Business and Professional Women’s Associations (BPW). Its goal is to promote female entrepreneurship by supporting women in creating and developing their own businesses. From the diagnoses in municipalities where it is has been implemented, actions have been developed for mobilization, consciousness-raising, training and technical assistance to enable the creation and sustainability of women’s businesses. The program targets both those women identified as being endowed with entrepreneurial ability to create new businesses and/or maintain the existing ones and those poor and extremely poor in a situation of social risk and vulnerability enrolled in programs of social inclusion, as well as their family network. Between 2007 and 2009, the program was implemented in the states of Rio de Janeiro, Santa Catarina, Distrito Federal, Pará and Pernambuco, and 3,600 women have been already assisted, with an expectation to assist more 2,200 by 2010.
245.The Women Building Autonomy in Construction Programme, an initiative of the SPM/PR in partnership with the ILO, aims to: (a) to contribute to the sustainable development of the country and to generate employment and income from the strengthening and enhancement of the construction work for women, (b) to promote social inclusion, empowerment and autonomy of women in vulnerable socioeconomic and domestic violence situations by expanding employment and income opportunities, and (c) to reduce inequality and gender discrimination in the workplace by developing new knowledge and field of work for women. The program is developed from the professional training of women for the development of abilities, skills and theoretical and practical knowledge in the area of civil construction (masons, painters, carpenters, plumbers, tile setters, ceramic tile setters, bricklayers, and foremen). The curriculum of the courses consists of three modules which cover topics from the world of construction, sustainable development and women’s economic and financial autonomy. Throughout the lessons, beyond the specific topics of construction, topics are addressed such as language and non-discriminatory culture, women’s power and participation, decent work, citizenship and quality of life, and health and safety at work. The program’s priority is to serve women who are poor, black, low-income, or have poor schooling, or are at socioeconomic risk and vulnerable to domestic violence. 12 municipalities have been identified as priority areas for implementation of the program — which began in 2009 — in the states of Rio de Janeiro, Sao Paulo, Rio Grande do Sul, Bahia, Ceará, Mato Grosso and Acre.
246.The Women’s Work, Handicrafts, Tourism and Autonomy Programme is being implemented by the SPM/PR since 2008 with the goal of strengthening public policies to encourage local tourism through the formulation of strategies for the craft production sector, ensuring the autonomy and the title role of women artisans from the perspective of gender equality and regional cultural identity. The program is developed from the women’s social and professional skills directed at the craft production in tourist areas from the perspective of the solidarity economy, environmental sustainability, enhancement of women’s work and local cultures. The program, which is linked to the National Pact for the Combat of Violence against and actions to combat sex tourism, proposes to issue a Seal of Origin to certify the handicraft products made by women. Next to the identification of the individual craftswoman and the information about each product will be the certification that the products were produced in accordance with the principles of gender equality and fair trade. The state of Tocantins was the first to receive the program with a goal of attending 4,500 women in 13 municipalities from 2008 to 2010. In 2009, the program was implemented in the states of Rio de Janeiro, Bahia, Rio Grande do Sul and Mato Grosso do Sul, whose actions will continue in 2010.
247.The Program of Support to Artisan Communities, developed by the Ministry of Culture (MinC) with the purpose of (re)defining and expanding the presence of traditional handicrafts in domestic and foreign markets, promoting its economic dynamism. Women are the priority public of this intervention.
248.Other initiatives were developed that are more focused on promoting equal opportunities and treatment. This is the case of the Pro-Gender Equity, a partnership of SPM/PR with the ILO and UNIFEM, which aims to promote equality of opportunity and treatment among men and women in companies and institutions through the development of new concepts in people management and organizational culture. For this, the strategy adopted by the program include encouraging voluntary adhesion of companies and the establishment by them of a plan of action to promote equal opportunities between men and women in the workplace, besides signing of a term of commitment to its implementation. The 2005–2006 edition of the program, launched in September 2005, attended only public and mixed economy companies, which undertook to carry out actions to promote gender equity over 12 months. Eleven institutions were awarded the Pro-Equity Seal by having developed important actions towards the promotion of equality. In 2007 the second edition of the program was launched, expanding its coverage to private companies. 36 companies from the public and private sectors have joined the program, of which 23 received the Pro-Gender Equity Seal at the end of 2008. In the 2009–2010 edition, 71 organizations from the public and private sectors have joined the program, and the Seal will be delivered in 2011.
249.In order to broaden and to strengthen the achievements obtained with such initiatives, recognizing the persistence of sexist practices in the workplace, in December 2009 the SPM/PR proposed to the Federal Congress a pioneering Employment Equality Act, which creates mechanisms to ensure equality between women and men in urban and rural labor relations and restraining discriminatory practices.
250.The proposal, an initiative of the SPM/PR in partnership with MJ and MTE and with contributions from other organizations and professionals from various areas, states the ordinary law of fundamental rights on equality in employment relationships and implements the gender equality principle in access to employment, training and career development and general working conditions. It takes into account constitutional principles, international standards ratified by Brazil and the ILO conventions, and consolidates a wide range of propositions in progress in the Chamber of Deputies. The Draft also responds to a trend in countries from the Latin America (Chile, Colombia, Costa Rica, Honduras, Peru and Uruguay) and the European Community (Treaty of Amsterdam/1999) that have enacted legal instruments to promote gender equality.
251.The lines of action defined in the Draft are: (a) balance between family and professional responsibilities; (b) fostering equality and combating discrimination; (c) prevention and restraining of sexual and moral harassment in employment relationships; (d) assisting women workers through nurseries and temporary shelters for elderly; (e) introducing into the Consolidation of Labor Laws, the Internal Pro-Equity Commissions.
252.The goal of the mobilization around the creation of a Law dealing with equality in the workplace is to effect in this sphere the constitutional principle of equality between women and men, guided by the idea of translating the declaration of equality enshrined in constitutional provisions and infraconstitutional standards to prevent and to deter any discriminatory practices affecting the women’s dignity. The aim is, therefore, to ensure that the growing insertion of women into the labor market occurs with respect to the specificities of women’s conditions and their permanence in employment, even fighting along with the State’s actions against all forms of discrimination based on sex, race and ethnicity.
253.Considering the importance of paid domestic work for women’s employment and the precariousness of this occupation, the Government has been developing through the SPM/PR a set of initiatives aimed, firstly, to extend the rights of these workers and, secondly, to ensure their enjoyment of the rights. So the Federal Government issued the Law No. 11.324/2006, which amended articles of Law No. 5.859/1972, expanding the labor rights of paid domestic workers, who now have the right to an annual vacation of 30 days, paid weekly leave on Sundays and holidays and employment stability since the confirmation of pregnancy to five months after childbirth. The employer also can no longer deduct the costs of food, shelter and hygiene from the worker’s salary. The Law also encourages the formalization of the paid domestic work through the deduction on income tax of the employer’s contribution paid to Social Security until the year 2010 (calendar year 2011). This deduction is granted on the value of the collection corresponding to a minimum monthly wage of one worker, including the portion of the thirteenth salary and one-third increase in salary for the vacation pay.
254.In November 2005 the Citizen Paid Domestic Work Plan (PTDC) was launched and is also focused on paid domestic work. A result of a partnership between MTE, SPM/PR, SEPPIR/PR and ILO, the Plan aims at professional qualification and enhancing the education of paid domestic workers, as well as strengthening the union organization of that professional category, to ensure the empowerment of these women and to enable them so they can improve their intervention for the improvement of public policies. After training 40 educators, a pilot module was implemented in 2006 and 2007, empowering 350 women selected by local unions, of which 210 were in professional qualification and 140 in union training. For the period of implementation of the PNPM II, 2008–2011, the objectives include the implementation of the program on a national scale in the axes of increasing educational level, professional qualification and social intervention in public policies through its articulation with the Young and Adults Education (EJA) actions. The MTE is selecting partners to take up the project in 2010, and the goal is to achieve social and professional qualification of 2,100 women workers in 13 states.
255.Regarding maternity leave, in 2008 Law No. 11,770 was enacted, establishing the Corporate Citizenship Program and intended to extend maternity leave from four to six months. The extension of the benefit is optional and serves the direct, indirect and foundational public administration and the private initiative. During the extension of maternity leave, the employee is entitled to his full compensation, payable as the paid maternity leave set by the general social security framework. This benefit is also extended to employees who adopt or obtain judicial custody for adopting a child.
256.In December 2008, the Federal Government started to implement the six months maternity leave for its female public servants, and as a result of the women’s struggle in the states, various state and local public administrative bodies joined the maternity leave extension to 180 days, a total of 14 units of the federation and 108 municipalities. Some municipalities also increased the paternity leave from five to seven days. Within the private sector, the Law proposes the adhesion of the private sector to the Corporate Citizen Program by granting tax incentives. The company may deduct from income tax the two extra months of the worker’s paid leave, but only legal entities taxed on actual profits may adhere, thus being excluded all other workers.
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257.In Brazil, the actions and public health services are provided by government bodies and institutions (federal, state and municipal) and public institutions that control quality, research and the production of inputs, medicines, including blood and blood products, and health equipments. This set of actions and services composes the Unified Health System (SUS), as provided in Article 4 of the Organic Law of the SUS (Law No. 8080, 1990).
258.Among the principles and guidelines of the Brazilian public health system, the universality, fairness and completeness are the highlights. By universality, everybody was guaranteed access to free health services at all levels of assistance, and by fairness, the health care is provided to everybody, without prejudice or privileges of any kind. Finally, completeness refers to the cohesive and continuous actions, and preventive and curative services, individual as well as collective, required for each case at all levels of system complexity.
259.In order to ensure universality, fairness and completeness of the actions and health services, it becomes necessary to draft and implement public policies that address the specifics of certain population groups – in most cases considered vulnerable, therefore needing more care and protection from the State. Thus, a public health policy focused on the particularities and needs of the female population is essential.
260.In this sense, the Brazilian Government, through MS with the participation of SPM/PR, aiming to give specialized care to women’s health, established the National Comprehensive Women’s Healthcare Policy. The policy emphasizes health promotion and extends the proposed actions by the Comprehensive Women’s Healthcare Program (PAISM), of 1983, as well as enhancing social control, integrating the contribution of women’s movements and other civil society organizations. It also seeks to consolidate the advances in the field of sexual and reproductive rights, incorporating the perspectives of gender, race, ethnicity and generation. The actions of I and II PNPM consolidated and institutionalized the National Policy in force since 2004.
261.Given the comprehensiveness of the health actions for the female population, several other policies, plans and programs were implemented in order to meet the specificities of women’s health. In this context, the main actions and health policies stand out which were developed and implemented by MS in line especially with Chapter 3 of I and II PNPM, coordinated by the SPM/PR, which deals with “Women’s health, and sexual and reproductive rights”. Such actions and policies reinforce and complement the National Comprehensive Women’s Healthcare Policy.
262.For a better presentation of the main welfare policies for women’s health, the policies were divided by subjects, considering the main purpose for which they are intended, although there is no possibility of thinking and running them separately, otherwise it would deconstruct and harm the integrity of specialized care to the female population.
1.Sexual and reproductive health
National Sexual and Reproductive Rights Policy
263.This launched in 2005 as a tool to increase the quantity and diversity of methods of contraception distributed by MS to states and municipalities. The Policy is based on a broad concept of women’s health, which incorporates the dimensions of sexual and reproductive health in order to prevent unintended pregnancies and reduce the resulting number of abortions and maternal deaths resulting from them. Aiming to serve the entire population, especially those in childbearing age, and focusing on information about family planning, the Policy is organized into three axes: expanding supplies of reversible contraceptive methods, improving access to surgical sterilization and introduction of assisted human reproduction in SUS. Since the Policy was launched, the MS assumed the acquisition of 100% of contraceptive methods to SUS users and included, besides the pill, mini pill, emergency contraceptive pills (distributed since 2006), injectable contraceptives, diaphragm, male condoms and IUDs.
National Family Planning Policy
264.Law No. 9263, of 1996, deals with family planning and states it is part of a series of care actions for the women, men or the couple, within a global and comprehensive vision of healthcare. In this context — even strengthening the National Sexual and Reproductive Rights Policy — in 2007 the National Family Planning Policy was launched.
265.This policy included the practice of vasectomy in the National Elective Surgeries Policy as well as the availability of contraceptives in pharmacies and drugstores accredited in the Popular Pharmacy Program, which promotes the sale of medicines subsidized by MS at prices with a discount of up to 90%. The expansion of investments in contraceptives has been a guideline of the MS work since 2003. In fact, while in 2002 the Ministry invested about R$7 million to buy contraceptives, in 2005 R$27 million were spent, and R$100 million were made available in 2007, an increase of almost 1,400%. The MS agenda for discussion has the technology transfer to Farrmanguinhos (oral contraceptives) and for the Popular Medicine Foundation of SP (IUD) in order to expand the domestic production of contraceptives by government laboratories – an action that may impact on the difficulty to acquire methods. On 2010 are planned workshops to incorporate new methods and update the list offered by MS. Another line of action of the Policy refers to non-reversible contraceptive methods. The goal in that case is to expand women’s access to sterilization (tubal ligation surgery) in public hospitals. In 2006, there were 1,500 accredited services.
Abortion
266.The admissions for abortion complications in SUS have an important dimension in the midst of all causes of hospitalization. Taking into account the risks and consequences of unsafe abortion and its complications, it is a serious public health problem that affects mainly young women in the country The introduction and expansion of the contraceptive methods supply in the SUS and increasing access should be seen as important prevention measures to unsafe abortion and so urgent. In the period from 2007 to 2008, there was a reduction of 14.4% on post-abortion curettage and the increase of abortions provided by law. (See table 5.1 in the annex.)
267.Technical standards, 2005, compiled by MS: still in this field, the government’s decision stands out to face the discussion about voluntary abortion, elaborating the technical standard of Humanized Care for Abortion, enabling professionals from major hospitals, and the Technical Standard on the Prevention and Treatment of Harm caused by Sexual Violence.
268.In Brazil, abortion is a crime, being allowed only in cases of sentimental abortion (pregnancy resulting from rape) and therapeutic abortion (if there is no other way to save the mother’s life), according to the provisions of Article 128 of the Brazilian Criminal Code. The law is silent regarding fetal malformations, but the Complaint of Breach of Fundamental Precept No. 54 is in the process of being judged, to be voted on by the Supreme Court possibly in the first half of 2010, which discusses the possibility of decriminalization of abortion of anencephalic fetuses.
Obstetric care
Training obstetric doctors and nurses
269.In the field of obstetric care, the MS is developing strategies and actions that consolidate the paradigm shift to humanize and qualify healthcare, to move forward in the process of institutionalization of the policy and to strengthen the state and municipal managers. One of these strategies is the ongoing realization of the ALSO (Advanced Life Support in Obstetrics) course, for training obstetric doctors and nurses for providing training services in the area of the Emergency Care and Emergency Obstetrics, in the five Brazilian regions, prioritizing the Legal Amazon and the Northeast, with 1,000 participants between 2009 and 2010. It is also conducting the review, printing and distribution of manuals and technical standards so the health services professionals of SUS can master the subject and they can be made adequate to the local realities.
Incentive Campaign for Normal Childbirth and Reduction of Unnecessary Cesarean Sections
270.This was launched in 2008. The high rate of caesarean sections, especially in Health Insurance, many of them unnecessary, exposes women to avoidable risks.
National Healthcare Emergencies Policy
271.There was a considerable advance in the structuring of attention to the urgencies and emergencies in the area of women’s health with the establishment of the National Healthcare Emergencies Policy, which has as one of its components the Emergency Mobile Healthcare Service (SAMU 192). Among the skills that the SAMU 192 team must have is taking care of obstetric emergencies.
Legislation
272.Law No. 11,634 of 27 December 2007, which disposes over the right of pregnant women to know and to be linked to the maternity ward where will receive assistance under the Unified Health System (SUS).
273.Publication of Law No. 11,108 of 7 April 2005, which guarantees to pregnant women the right to the presence of a companion during labor, delivery and immediate postpartum under the SUS.
274.Publication in 2008 of the RDC No. 36 of the National Health Surveillance Agency (ANVISA), which regulates the operation of the obstetric and neonatal care services.
Other actions
275.Other actions include:
Qualification of the blood banks in municipalities with higher maternal mortality ratios
Support for creating adult and neonatal Intensive Care Unit (ICU) beds in maternity wards
Maternal mortality
2006 Pact for Health/Pact for Life
276.This included as one of its priority goals to reduce maternal mortality, including efforts to control breast and cervical cancer, with priorities expressed in municipal, regional, state and national goals showing the commitment of the three spheres of the SUS direction to prioritize such care.
National Pact for the Reduction of Maternal and Neonatal Mortality
277.In operation since 2004, this was considered by the United Nations as a model for promoting the Millennium Development Goals. It potentiated the strategies for expansion, qualification and humanization of reproductive planning and obstetric care, contemplating abortion. The National Pact works through the integration of the three spheres of government – federal, state and municipal – and organizations representing civil society. All 27 states have adhered to the Pact. Among the activities to implement this strategy, the priority is the introduction of the humanization of obstetric and neonatal care on the agenda of states and municipalities.
Plan for the Reduction of Infant Mortality in the Legal Amazon and Northeast
278.Whereas the actions aimed at reducing infant and neonatal mortality also have an impact on the reduction of maternal mortality, it is worth noting the Plan for the Reduction of Infant Mortality in the Legal Amazon and Northeast, which includes 154 municipalities in eight Northeastern states and 96 municipalities in nine states of the Legal Amazon.
279.The main objective of the Action Plan is to reduce by 5% per annum the rate of infant and neonatal mortality in 250 priority municipalities located in the Legal Amazon and the Northeast Region in 2009 and 2010. For this, the Plan includes six major axes:
(a) Qualify the prenatal, childbirth and newborn care: Expanding the number of Family Health Teams (FHT) and Support Centers for Family Health (NASF) in cities/areas without care, expansion of ICU beds and Intermediate Care Units (ICU), the adequacy of the physical spaces of maternity wards/referral hospitals, deployment of SAMU in priority municipalities for the safe transportation of pregnant women and newborns, expansion of the Human Milk Banks Network and implementation of Kangaroo Mother Care in maternity/referral hospitals;
(b) Health education: ESF’s qualification to identify and to refer pregnant women and newborns at risk; qualifications of pediatricians and gynecologists of NASF; qualification of professionals involved in emergency and obstetric emergencies in maternity wards/referral hospitals; qualification for SAMU professionals; qualification ofinformation and health surveillance professionals;
(c) Information management: increased coverage and quality of the Mortality Information System (SIM) and Live Births Information System (SINASC), in order to calculate directly the Infant Mortality Rate in states and municipalities;
(d) Monitoring fetal, infant and maternal deaths: epidemiological monitoring of fetal, infant and maternal deaths in State and Municipal Health Secretariats; deploying Committees of Maternal and Infant Mortality;
(e) Strengthening social control, social mobilization and communication;
(f) Production of knowledge and research studies: promotion for research studies in the Northeast and the Legal Amazon on subjects related to infant and maternal mortality, among other actions.
Health and education
280.Whereas the Family Planning Law foresees educational activities, the Health in School Program (PSE) was established through the Presidential Decree No. 6286 of December 5, 2007. Result of collaboration between the MS and the MEC, it has the prospect of expanding the specific health actions to students of the Public School Network: Basic Education, High School, the federal network of professional and technological education and Youth and Adult Education (EJA). The PSE contemplates different answers regarding the right to health and development, which will be given in different dimensions: situational analysis of children, adolescents and youth health conditions; healthcare in situations of illness, establishing a network of referral and counter-referral, and health promotion and prevention, enabling the school community to strengthen the debate citizenship rights and integrate the health issue throughout the educational projects.
Control and treatment of breast and cervical cancer
Action Plan for the Control of Breast and Cervical Cancer (2005–2007)
281.The neoplasms, particularly the breast, lung and cervical cancers, are among the six leading causes of mortality among Brazilian women.The Plan is a fundamental component of the National Oncology Care Plan, instituting actions for Promotion, Prevention, Diagnosis, Treatment, Rehabilitation and Palliative Care. This policy is being implemented in all federal units, given the competences of the three administrative divisions, and shall be organized in coordination with the MS and the Health Secretariats of the states and municipalities. It presents six Strategic Guidelines — Increased Coverage of the Target Population, Quality Assurance, Strengthening the Information System, Training, Research Development, Social Mobilization — composed by actions that have been developed, from the year 2005, at the different levels of healthcare.
Legislation
282.Law No. 11,664 of April 29, 2008 was also published, which disposes about the execution of health activities to ensure the prevention, detection, treatment and monitoring of breast and cervical cancer under the Unified Health System (SUS).
2.Confronting the epidemic of HIV and other STDs
Integrated Plan to Combat the Feminization of the Epidemic of AIDS and other STDs
283.The plan launched in March 2007, it is another joint action with MS led by SPM/PR. The prevention, diagnosis and treatment of STDs and AIDS are cross-sector, under the perspective of universality, comprehensiveness and fairness. The Plan contemplates the various health needs of women and their ways of expression, ensuring access to qualified health services for the identification of vulnerabilities; sexual and reproductive healthcare; receiving human rights, education and health demands; social assistance; and protection in situations of violence. It also allows the consolidation of the commitment to affirm and to assure the women’s rights guaranteed in Brazilian legislation and to implement policies aimed at reducing inequalities in the country. The fundamental reason for the success of these policies was the incorporation of different sectors of the Government and NGOs. For its implementation, the Plan has the support of the United Nations Population Fund (UNFPA), the United Nations Children’s Fund (UNICEF) and the United Nations Development Fund for Women (UNIFEM).
284.In order to implement the Plan fully in all states and municipalities in the country, macroregional workshops were held with state health managers, coordinations of policies for women and civil society leaders (Networks of HIV-serum positive women, feminist, black, young, and disabled women, lesbians, transsexuals and prostitutes). All states had these workshops except Amapá, and 20 state and district action plans were drafted. Submitted to public consultation in 2009, the Integrated Plan is currently under validation of its monitoring indicators.
285.The fundamental and innovative element of the government strategy is tackling multiple vulnerabilities that contribute to increase the Brazilian women’s susceptibleness to HIV infection and other sexually transmitted diseases. In fact, over the last years there was a significant increase of HIV infections among women. At the beginning of the epidemic, the proportion was 15.1 HIV cases in men for each one in women. Currently the ratio is 1.5 men for each woman, indicating a persistent and proportionately more intense growth in female infection, especially among married adult women.
286.First Women and HIV Policies Ministerial Meeting: Building Alliances between the Portuguese-Speaking Countries towards Universal Access (2008). This meeting had as three major products the Rio Declaration, the Promotion and Agenda of South-South Cooperation between Portuguese-Speaking Countries and Political Advocacy Campaign.
3. Assistance to women victims of violence
287.The Technical Women’s Health, in the Strategic Programmatic Actions Department, from the Healthcare Department of the Ministry of Health operates permanently in the deployment and implementation of care services for women and adolescents in situations of domestic and sexual violence; in supporting the training of professionals from the Municipalities and State Networks of Comprehensive Healthcare for Women and Adolescents in Situation of Violence; by strengthening and expanding the clinical and pharmaceutical care with the use of emergency contraception and the prophylaxis of sexually transmitted diseases ( STD/AIDS) and viral hepatitis; in the provision of care for abortions provided by the Law and the psychosocial accompaniment of the victims.
288.One of the actions that the Federal Government develops through the SPM/PR is the National Pact to Combat Violence against Women. Its Action Plan is divided into three areas: diagnosis, prevention/education and service organization. It foresees that the resources and strategies must be directed to structuring the service network for women victims of violence, to combat sexual exploitation and trafficking in women and to promote imprisoned women’s human rights, among others, seeking to effectively strengthen the sustainability of the National Network of Comprehensive Healthcare for Women and Adolescents in Situation of Domestic and Sexual Violence.
289.In the Health aspect, the expansion of the National Network is directly related to state and local partnerships established with MS and/or their own local initiatives for human resources training, adequacy of hospital environments and provision of medicines (emergency contraception, antiretroviral drugs, vaccines, and others), as well as the organization of the network and referral and cross-referral services in the municipality.
290.The following are actions in development by MS and the results achieved by the implementation and expansion of the networks and services of comprehensive healthcare for women and adolescents in situations of domestic and sexual violence in states and municipalities prioritized epidemiologically.
291.In January 2007, 138 hospitals attended sexual violence situations committed against women and adolescents. In October 2009, this number rose to 443 hospitals, and 60 performed abortions for medical and legal reasons.
292.There are under developing partnerships with 25 State Health Departments to implement new municipal networks related to the investments made in the years 2007 and 2008. This year, 216 municipalities are in the process of organizing their healthcare service, with an expected training of 5,800 health professionals and partner areas.
293.Establishment of a technical partnership with the University of Brasilia in the development of methodologies and educational materials on the issue of trafficking in women and health-related issues to introduce into the SUS the possibility of comprehensive care. The partnership foresees training for 1,000 health professionals from diverse backgrounds according to the legislation in force.
294.Partnership with the Centre for Maternal and Child Care Campinas (CEMICAMP) and the Brazilian Federation of Gynecology and Obstetrics Associations (FEBRASGO) in the project “Overcoming Barriers”, which carries out discussions for gynecologists throughout the country and promotes the integration of advanced technologies on Manual Vacuum Aspiration (MVA), Post-abortion Care and abortion provided by law in hospitals and services that are in the process of deployment of such care.
295. Partnership with the Patrícia Galvão Institute on the Media and Communication Project to provide healthcare to sexual violence victims: this strategy foresees training professionals for a closer contact with the media, promoting the protection of victimized women/ adolescents/children, the care team, the health unit involved and bringing communicators to potential partnerships. 9 states are benefited with a total of 250 trained spokespeople.
296. Partnership with the Citizenship and Reproduction Committee (CCR) to organize seminars and technical meetings on Secular State, Democracy and Human Rights. An amendment to continue the actions in 2010 was presented and was accepted and forwarded by the CCR.
297.An agreement for implementation of the Care Network for Women and Adolescents in Situations of Violence is in development in the state of Mato Grosso do Sul, including the legal abortion service.
298.During the Brazilian Congress of Gynecology and Obstetrics, one held the First Maternal and Child Mortality Workshop in MERCOSUL, the XIV Interprofessional Forum on Violence against Women and Implementation of Legal Abortion, the Second Meeting of the National Network of Comprehensive Attention to Women and Adolescents in Situations of Domestic and Sexual Violence and the XII National Committee Plenary Meeting. In addition to the actions and policies presented, focused on specialized women’s healthcare, the following other actions are noteworthy that reinforce and complement the comprehensive care on the National Comprehensive Women’s Healthcare Policy.
1. Comprehensive black women’s healthcare
299.Actions include publication of technical material and promotion of events to discuss the issue, data collection and inclusion of ethnic and racial clippings on the information systems and actions of the MS; 50% increase in the value of incentives for the ESF and oral health serving remaining quilombo or settlement populations; establishment of an Obstetric Screening handbook; National Healthcare Program for Sickle Cell Disease and other Hemoglobinopathies Patients (PAF), with emphasis on the specificities of women in childbearing age and on the pregnancy-puerperium cycle; National Comprehensive Black’s Healthcare Policy (PNSIPN): was established by Instruction No. 992 of May 13, 2009. The primary goal of the Policy is to combat ethnic and racial discrimination in services and care provided by SUS, as well as promoting equity in health. Among the PNSIPN strategies, specifically the ones related to women’s health, are:
(a) Development of specific actions to reduce racial/ethnic disparities in health and diseases conditions, considering the local and regional needs, particularly in maternal and infant mortality and in mortality caused by violent causes, sickle cell disease, STD/HIV/AIDS, tuberculosis, leprosy, breast and cervical cancer, and mental disorders;
(b) Strengthening mental healthcare for women and black men, especially those with problems caused by alcohol and other drugs;
(c) Improving the quality and humane approach to black women’s healthcare, including gynecological, obstetrical, postpartum, during menopause and in abortion care, in states and municipalities;
(d) Technical and financial incentive to organize integrated healthcare networks for black women in situations of sexual, domestic and family violence;
(e) Realization of the First National Meeting of Women with Sickle Cell Anemia (2009).
2.Comprehensive imprisoned women’s and adolescents’ healthcare
300.National Prison System Health Plan was established by the Health Instruction No. 1777, of 2003. In May 2007 a intra-sector working group was created with the participation of SPM/PR, DEPEN/MJ, MS, various public entities and representatives of civil society organizations, aiming to draft proposals for the reorganization and reformulation of the Brazilian Women’s Prison System.
3. Comprehensive indigenous women’s healthcare
301.MS created an intra-sector working group with the participation of indigenous women leaders to develop/to implement comprehensive healthcare for this population group, present on the I PNPM. The state and local managers were supported to organize the indigenous healthcare, giving priority to women and training health professionals and midwives in 34 indigenous health districts for immediate intervention.
4.Comprehensive disabled women’s healthcare
302.Currently, healthcare to people with disabilities is guaranteed by the State Hearing Healthcare Networks, the State Healthcare Networks for People with Physical Disabilities, the Healthcare Networks for the Visually Impaired and the Healthcare Services to People with Intellectual Disabilities. For each Specialized Service, there are specific Instructions published by MS, listing their assignments as well as the criteria and requirements necessary for enabling these services, as follows:
(a) State Healthcare Networks for People with Physical Disabilities – Instruction MS/GM 818/01 and MS/SAS 185, both from June 2001;
(b) State Hearing Healthcare Networks – Instruction MS/GM No. 2.073/04, of September 28, 2004 and the MS/SAS Instructions No. 587 and No. 589, of September 2004;
(c) Healthcare Networks for the Visually Impaired – Instructions GM/MS No. 3128 and No. 3129, both from 24 December 2008;
(d) Healthcare Services to People with Intellectual Disabilities – Instruction MS/GM No. 1635, of September 2002;
(e) Instruction SAS/MS No. 400 – National Healthcare Guidelines to the Ostomized under the Unified Health System – SUS, from November 2009.
303.The National Healthcare Policy for the Disabled foresees that comprehensive healthcare elements for people with disabilities considered, and methods and specific techniques to ensure actions focused on sexual and reproductive health, including medicines, technology resources and specialist interventions. Thus, MS launched in 2009 the National Sexual and Reproductive Rights Consultation of Persons with Disabilities (Consultation No. 1, 2009).
304.In 2009 was published the book Sexual and reproductive rights in comprehensive healthcare for people with disabilities (Direitos sexuais e reprodutivos na integralidade da atenção à saúde de pessoas com deficiência), to guide and to raise awareness among state and municipal managers in the implementation of actions aimed at sexual and reproductive health. The healthcare to women with disabilities is one of the priorities of this document.
305.Among the actions developed together with the Women’s Health technical area, the involvement of State Coordinators of Healthcare to People with Disabilities stands out in the drafting of the Comprehensive Plan to Combat the Feminization of AIDS and other Sexually Transmitted Diseases Epidemics.
5. Comprehensive transgender women’s healthcare
306.Instruction GM/MS No. 1707 of 18 August 2008 established the National Guidelines for the Transsexualizing Process in the Unified Health System (SUS).
307.Instruction SAS/MS No. 457, from 19 August 2008, which sets the rules for entitlement of Specialized Healthcare Units in the Transsexualizing Process and Specialized Healthcare Guidelines in the Transsexualizing Process.
6. Comprehensive lesbians and bisexual women’s healthcare
308.The Gay, Lesbian, Bisexual and Transgender (LGBT) Technical Committee was created in 2004 by the understanding that there is a need to implement comprehensive healthcare policies for this population and to ensure the participation of the Ministry in creation and implementation of intersector strategies through various government areas previously identified in the Brazil without Homophobia Program. As a result of this Technical Committee, can be highlighted the following activities.
309.It ’ s Time to Take Care of Health (Chegou a hora de cuidar da saúde, 2007) booklet, prepared by the Women’s Health Technical Area in partnership with the National Viral Hepatitis Program and the National STD/AIDS Program from the MS, which provides information about sexuality, pregnancy, menopause, food, drugs, law and violence, besides other subjects related to health, specifically for lesbian and bisexual women.
310.The National Policy for Comprehensive Healthcare to the Lesbian, Gay, Bisexual and Transvestites Population, after being submitted to public consultation (2008), was approved by the National Health Council, but has not yet been established.
7. Comprehensive elderly women’s healthcare
311.The National Elderly Healthcare Policy, approved by Ministerial Instruction No. 2528 of 19 October 2006, is justified by the fact that aging is also a gender issue. Fifty-five percent of the elderly population is women. The proportion of female contingent is more expressive the older the segment.
312.The Menopausal Healthcare Handbook (2008) was also prepared.
8. Adolescent and youth healthcare
313.Besides developing programs such as Health and Prevention in Schools, the MS developed the National Comprehensive Adolescents’ Healthcare Policy, the Framework for Sexual and Reproductive Health of Adolescents and Youth, included indicators in the Pacts and technical documents that contribute to give visibility to the adolescent health issue, promoted research, and supported the states in the healthcare organization to this portion of the population.
9. Rural and forest women’s healthcare
314.Together with the National Confederation of Agricultural Workers (CONTAG) the MS funded the training of peer educators on “Gender, Health and Sexual and Reproductive Rights”, mainstreaming the approach of the gender, sexual and reproductive rights, race and ethnicity, and the prospect of territoriality in the policies of the Rural Landless Workers’ Movement (MSTT).
315.The Group on Earth, established in 2004, established the National Health Policy of the Rural and Forest Populations. It aims to promote different treatment to those in unequal conditions, thus reducing inequalities in order to increase the level of human development of rural and forest populations. While it has not been established, this policy has already been approved by the National Health Council.
Article 13
316.See Article 11 of this Report.
Article 14
317.The form of work organization in rural communities reproduces to a large extent the sexual division of labor found in the urban and industrial society. In that sphere, women are responsible for reproductive and domestic work, while men work to generate cash income, the only work recognized as productive. Such distinctions are accompanied by unequal evaluations and representations that sustain, for example, the notion of help from men at home and help from women in the field. The sexual division of labor makes the women’s work invisible, disregarding their contribution to the generation of monetary income of the family, increasing the segregation of family work and concentrating the management mechanisms and decision-making within the family production unit or the production group controlled by men.
318.Only recently a set of coordinated actions of the Federal Government and of feminist movements and organizations was composed aimed at promoting economic autonomy and equality for rural women. In this scenario, and considering the provisions of the PNPMs, it was left to the MDA to develop a set of actions to promote gender equality in land reform, family agriculture, territorial development and ethnodevelopment of quilombo communities. These initiatives comprise a set of programs of MDA, namely: the Second National Land Reform Plan (PNRA), the National Program to Strengthen Family Agriculture (PRONAF), the National Sustainable Rural Development Program and Quilombos Brazil Programme, the latter coordinated by SEPPIR/PR. These measures are intended to broaden and strengthen the economic participation of rural women workers by guaranteeing access to productive resources, their social participation and the promotion of citizenship.
319.To broaden the women’s participation and social control in public policies, the MDA developed several actions through the Programme for the Promotion of Gender, Race and Ethnic Equality of the Secretariat of Territorial Development (PPIGRE):
Expansion of the number of women representatives in the National Sustainable Rural Development Council (CONDRAF) and inclusion of a greater number of women’s organizations in its membership.
Creation within the CONDRAF of the Standing Committee for the Promotion of Gender, Race and Ethnicity Equality to deepen the discussions and social control actions of the policies in the area, as well as to study and propose alternative sources of funding to enable public policies.
Encouraging the social participation of rural women workers’ organizations by training advisers and state collegiate organs, with the inclusion of a module on gender and sustainable rural development.
Approval by the proposition of civil society in the Plenary Session of the National Sustainable Rural Development of an equal composition among men and women in collegiate bodies, besides several directives aimed at promoting gender equality.
Drafting of the Strengthening Rural Women in Territorial Development Project, which aims to develop and integrate actions stimulating and expanding participation and integration of rural women in the social management of territorial development. Since early 2009, MDA has been developing in partnership with the Evergreen Feminist Organization and the March Eighth Women’s Center, actions of mobilization, consciousness-raising and training of rural women to stimulate and expand their participation in the process of social management of territorial development, access to public policies to support the production and sales and those that ensure their rights to citizenship and land.These actions are being implemented in 84 Territories of Citizenship of the 26 states of the federation and the Federal District. The work involves performing diagnostics on the implementation of gender policies promoted by the MDA, mapping productive women’s groups, establishing women’s Working Groups in the Territorial Collegiate and several seminars, courses and workshops with the women family farmers and technical advisers to empower them on rural gender relations, inequalities in access to public policies and specific policies programs, including the National Rural Women Workers Documentation Program (PNDTR), Rural Women’s Productive Organization Program (POPMR), credit policy, the joint access to land policy, the technical assistance and rural extension policy and the territorial development.
320.Each of the rural women’s policies was developed within the framework of a participation and social control process. From the creation of the PNDTR until nowadays, the program has its planning and evaluation conducted by the National Management Committee and by 27 State Management Committees. In the case of Women’s PRONAF, an Inter-ministerial Working Group (IWG) was established that, from 2003 to 2004, included the representation of various social organizations. The IWG aimed at developing a funding policy for family farms, on credit, attuned to the women’s specific needs and built in intense dialogue with existing credit networks in order to expand the productive capacity and ability of the organized activities, managed and made by rural women. Along the same lines, in order to monitor its implementation the Women’s PRONAF Taskforces, regional meetings that enable and promote special credit appraisal, were developed with the participation of managers, financial agents, extension agents and social organizations.
321.The POPMR, established in 2007, also has in the instances of participation and social control in its management. The National Management Committee, which has the role of planning and evaluating the implementation of the program, has the participation of government agencies and representatives of rural producers and women’s social movement networks, besides the representation of women from mixed social movements.
322.The policies aimed at women who were settled after land reform were evaluated in regional meetings attended by the National Institute for Colonization and Land Reform (INCRA), socioenvironmental consultants and women organized in social movements fighting for land reform in Brazil. Besides these events, in September 2007 a national workshop was held to plan policies for settled women for the period of 2008–2011.
323.In partnership with the SOF the MDA is also developing a program aiming to promote awareness and training on gender equality policies for rural women. The program deals with issues such as the Rural Women Workers Documentation Program, the credit, joint access to land and technical assistance policies, and rural extension and territorial development. This work involved diagnostics on the implementation of gender policies promoted by MDA, with several seminars, courses and meetings held with women’s organizations to enable them technically for production, gender relations in the rural areas and inequalities in the access to public policies.
324.In the area of specialized technical assistance, the gender dimension in the contents and criteria for selecting projects was incorporated into the National Technical Assistance and Rural Extension Programme (PRONATER), through the Sector PRONATER, now taking into account the needs of women rural workers. The Federal Government has been financing activities in the area to the State Governments and civil society organizations under the PRONAF Training. Projects led by rural women were supported with a special highlight on the call for projects specific for women rural workers. In the 2004–2009 period, 90 agreements for technical assistance to women rural workers were signed with a total investment of R$16 million. The National Technical Assistance and Rural Extension Policy was consolidated as a program, with its own budget forecast, in the 2008–2011 PPA, having been incorporated a specific action of Technical Assistance and Rural Extension (ATER) for women rural workers.
325.In 2008, MDA established the Women’s Sector Network, composed by representatives of public and private ATER providers, to promote social and institutional dialogue and qualify the women’s demands in ATER. The Network articulates and trains its members and monitors the incorporation of specific compulsory goals for women on the Asbraer Network projects (Brazilian Association of State Entities of Technical Assistance and Rural Extension) and Civil Society projects. The MDA also conducted a survey to assess the incorporation of specific actions for women in the projects contracted by the Ministry in the period between 2004–2008, which demonstrated the importance of strengthening and/or creating tools to ensure the ATER attendance to rural women. The trend goes toward expanding the supply and qualification of such services and broadening the women’s social participation and conditions for achieving equality and autonomy.
Program for Productive Organization of Rural Women – POPMR
326.In 2008, MDA launched the Program for Productive Organization of Rural Women to implement comprehensive actions to strengthen the rural women’s productive organizations in order to ensure their access to public policies to support production and sales as well as to promote economic autonomy, encourage the exchange of information and technical, cultural, organizational, management and marketing knowledge, and to enrich the principles of feminist and solidarity economy. So it has been realizing:
The identification of rural women’s productive organizations. Through coordination with women’s social movements, productive organizations and solitary economy networks, and in dialogue with the Secretariat of Solidarity Economy of the Ministry of Labour and Employment (SENAES/MTE), 9,402 projects were identified for rural women, producing food, services and generating income.
The sales and marketing support for rural women’s productive organizations. In the Feminist and Solidarity Economy Fairs in the states of Pernambuco, Rio Grande do Norte and Bahia, over 480 exhibitors from 230 women’s productive groups participated in the marketing and training activities, representing more than 100 municipalities located in 15 Territories of Citizenship.
Financial support to productive groups. By public calls realized from 2006 to 2009, about R$16.6 million have been invested through 71 funded projects, benefiting over 25,000 women organized in productive groups.
Training in public policies. The training activities involving around 460 women representatives of productive groups from 26 states and the Federal District and from 44 Territories of Citizenship were conducted in order to expand their access to public policies and introduce into their organizational and productive practices the principles of feminist and solitary economy and agroecology.
Training for projects and work plans development in order to sign agreements, qualifying the demand and expanding the access to public policies.
Promoting research on policies to support production and sales, assessing the access and type of service provided by technical assistance and rural extension and by socioenvironmental consultancy, as well as by the Food Purchase Program.
327.To contribute to the autonomy and social emancipation process of rural women workers, investment projects for structuring productive and sales units in rural areas specific to rural women were also supported. The Specific Call for Rural Women sought to strengthen and/or encourage their inclusion in income generating activities aimed at crops diversification and agroecology on family farms and land reform. Eight projects from different regions of the country were approved, receiving funds totaling R$1 million.
328.The Federal Government also carried out local and national meetings and seminars to encourage the participation of women rural workers’ productive organizations in the National Family Farm and Land Reform Fairs, besides providing all financial support to ensure their presence. In order to give visibility to women’s participation, a catalog of products and organizations has been produced and a space for the exhibitors’ stands has been structured.
329.The increase in participation of the organizations led by women observed in the IV National Family Farm and Land Reform Fair (FENAFRA) was significant, from only 1.4% in the first edition in 2004 to 22.9% in the latest edition, 2008. Certainly, this increase resulted from the strategy of strengthening the women’s participation, explicitly presented in the Exhibitor’s Guidelines, prepared by the MDA in 2007, which recommends to the state coordinators to mobilize and include at least 30% of women-owned and coordinated enterprises. Meetings with representatives of social movements and rural producers’ networks were also held to discuss their participation in FENAFRA and the National Seminar of Rural Sales Policies for Women in December 2007, when all rural sales policies developed by the Federal Government were discussed and the recommendations for equal participation of women and men were adopted. In the 2008 edition, held in Rio de Janeiro, the women’s enterprises were represented by 177 groups.
Access to credit
330.Regarding the rural women’s access to credit, it is important to mention the production funding through PRONAF credit, which in the period between 2003–2008 signed 35,697 contracts, representing a volume over R$247.25 million. Established in the 2004–2005 Harvest Plan, Women’s PRONAF is a special line of credit for women, viewed as part of the instruments for access, increased autonomy, recognition of the economic rights of rural women and equality between men and women on family farms. In the same direction, the PRONAF’s operator agents were trained to expand women’s participation in credit and implement changes in the PRONAF’s Aptitude Declaration, now mandatorily made on behalf of the couple.
331.As a result of these actions, in the 2005/2006 harvest there was a considerable increase both in the number of contracts (8,822) and in the amount financed by Women’s PRONAF (equivalent to R$56 million), and the Northeast started to lead the number of operations and the volume of resources. In the 2006/2007 harvest, Women’s PRONAF accounted for 10,854 contracts and a volume of almost R$63 million borrowed, confirming the uptrend. It is also worth noting that in the 2009/2010 harvest there was an increase from one to three lines of investment, expanding the access of women family farmers that access funding through Groups A or A/C (cost or investment in land reform).
332.Besides, under the More Food Programme, the Support Women’s credit was established in 2008 as one of the Install Credit modalities. Such a type of loan is aimed at strengthening and developing economic activities undertaken by women’s groups, being restricted to plot holders and associative or cooperative projects of women’s productive groups. The credit can be used to organize the economic activities such as acquisition of machinery and equipment, raw materials, implementation of collective production projects and/or associative, collective or condominium improvement of production, sales’ costs, food processing, and large, medium and small-sized animals. Each female plot holder is entitled to a credit of R$2,400, released in three installments of R$800.