Committee on the Elimination of Discrimination against Women

Sixty- eigh th session

Summary record of the 1537th meeting

Held at the Palais des Nations, Geneva, on Thursday, 26 October 2017, at 3 p.m.

Chair:Ms. Leinarte

Contents

Consideration of reports submitted by States parties under article 18 of the Convention (continued)

Seventh periodic report of Paraguay (continued)

The meeting was called to order at 3 p.m.

Consideration of reports submitted by States parties under article 18 of the Convention (continued)

Seventh periodic report of Paraguay (continued) (CEDAW/C/PRY/7; CEDAW/C/PRY/Q/7 and CEDAW/C/PRY/Q/7/Add.1)

At the invitation of the Chair, the delegation of Paraguay took places at the Committee table.

Articles 7 to 9

Ms. Chalal said that women continued to be underrepresented in elected and decision-making posts and to face numerous obstacles that prevented them from participating fully in political and public life. She wondered what was being done to remedy that situation.

Women had not fully benefited from the electoral law stipulating that they should make up 20 per cent of the candidates on electoral lists, which were not required to be arranged in any order of priority. Following the general elections held in 2013, only 15 per cent of members of the Chamber of Deputies and 20 per cent of members of the Senate were women. The Committee wished to know whether the bill on democratic parity referred to in the replies to the list of issues (para. 12) would provide for the establishment of mechanisms for monitoring the outcome of measures intended to tackle the problem of women’s underrepresentation. She would appreciate an update on the status of implementation of law on public policies for rural women referred to in the report (para. 10).

She wished to know what percentage of national and local Government posts were held by indigenous and Afro-Paraguayan women and what posts those women occupied. Noting that 29 per cent of the staff of the Ministry of Foreign Affairs were women, she asked how many women ambassadors were career diplomats. Lastly, she asked whether any indigenous women had joined the military and the police and, if so, whether the delegation could provide statistics on those women.

Ms. Schulz, noting that birth certificates were the key to accessing public services, including health care and education, said that more than 30 per cent of newborn children were still not registered and that many adults did not have birth certificates either. Birth registration rates tended to be lower in rural than in urban areas. In view of that situation, she asked whether the Government had a national plan to ensure universal birth registration in the country and, if so, when the objective of universal registration would be achieved. She wished to know whether modern digital technology was being used to facilitate and expedite the registration process.

Ms. Baiardi (Paraguay) said that, although she hoped that the bill on democratic parity would be adopted shortly, it was unlikely to be adopted in time to have a significant impact on the 2018 general elections. It might, however, be implemented in time to have an influence on the municipal elections to be held in 2020. Under the law, a monitoring and follow-up mechanism would be established by the Superior Court of Electoral Justice and electoral lists that did not comply with requirements concerning horizontal and vertical parity would not be admitted. The law would provide for penalties for political parties that did not comply with the requirements and incentives for those that did.

Mr. Cárdenas Molinas (Paraguay) said that children whose births were not registered were generally those who were not born in hospitals, such as children born to persons living in extreme poverty. The Government had established specific programmes to encourage such persons to undergo prenatal tests, give birth in a hospital and register the births of their children. The delegation did not have any information on the political representation of indigenous and Afro-Paraguayan women.

Mr. Martínez (Paraguay) said that plans were in place to address the low level of birth registration. Extensive campaigns to promote birth registration had been run in departments such as Itapúa, where the rate of registration was particularly low. A successful campaign to promote birth registration among the indigenous communities had been run from September 2016 to May 2017. Birth registration was free of charge and civil registry offices had been set up in State hospitals to facilitate the process. A plan was in place to establish mobile offices in every department in the country to attend to those persons who could not easily access public services.

Ms. Baiardi (Paraguay) said that, in addition to her Ministry, Women’s Affairs, the Ministry of Finance was headed by a woman. Some 7 of the 17 secretariats of the Office of the President were also led by women.

Ms. Romero (Paraguay) said that the procedure governing entry to the diplomatic service ensured that there was no discrimination of any kind, including on grounds of gender. Some 50 women and 59 men had been recruited through a competitive application process. Some 20 per cent of ambassadors were women.

Ms. Wapenka (Paraguay) said that, in 2009, the Superior Court of Electoral Justice had established units to promote the political participation and empowerment of women. The units were supported by expert representatives of international organizations and the European Union, who organized workshops on the political process and access to politics for women living in remote and rural areas in every department in the country.

Some 26 women had stood as candidates in 250 municipalities. Women held 552 of the 2640 seats on municipal councils, 9 of the 45 seats in the Senate, 11 of the 80 seats in the Chamber of Deputies, 3 of the 18 seats in the parliament of the Southern Common Market and 38 of the 228 seats on departmental boards. In addition, 1 of the 17 departmental governor’s offices was led by a woman.

Ms. Ledesma (Paraguay) said that 11 indigenous women had been recruited as officers and deputy officers in the National Police and were currently serving in police stations located in their communities. They received continuous support and were responsible for training trainers in areas including prostitution, trafficking in persons and domestic violence. Currently, a member of the Guaraní community was working at the National Police Academy on programmes aimed at adapting police procedures to the customary laws and traditions of indigenous communities.

Ms. Pucheta de Correa (Paraguay) said that, from 2014 to 2016, the number of women serving as judges in appellate courts had increased to 162. The number of women serving in criminal appellate courts had increased by 33 per cent, while 60 per cent of the judges serving in juvenile criminal courts were women. The number of women serving as judges in lower courts had increased significantly. Furthermore, three women ministers had been appointed to the Supreme Court of Justice.

Ms. Chalal said that she wished to know what percentage of civil servants with decision-making powers were women and at what level of seniority they were most represented.

Ms. Baiardi (Paraguay) said that the representation of men and women in the civil service was relatively equal. Her delegation would provide the Committee with more detailed information on that question the following day. The adoption of the bill on democratic parity would bring about significantly more equitable gender representation in the three branches of government and in organizations such as trade unions.

Articles 10 to 14

Ms. Verges said that she wished to draw attention to the fact that only 3 per cent of the State party’s gross domestic product (GDP) was invested in education. School buildings had fallen into disrepair, school meals were often not provided, especially in rural areas, and secondary school pupils had held demonstrations to demand higher quality education. In view of that situation, she asked what measures were being taken to increase investment in the education system.

The Committee was concerned that, despite the steps taken by the Government to tackle teenage pregnancy, such as the adoption of Act No. 4084/2010, a significant number of victims of sexual abuse became pregnant and dropped out of school. She asked what steps were being taken to address that issue, whether assessments had been carried out to identify the causes of the problem and what steps the Government was taking to ensure that students received appropriate sex education.

Levels of school dropout and literacy were particularly high among indigenous girls, who had only limited access to the formal education system. Although the Government had adopted legislation on school inclusion, and had implemented a literacy and vocational programme specifically aimed at indigenous people, the results obtained by such measures fell short of expectations. In the light of that situation, she asked what additional measures were being taken to address the factors that caused indigenous girls to drop out of school. Lastly, noting that relatively few women opted to study science and technology, she asked what measures were being taken to encourage greater numbers of girls and women to study those subjects.

Ms. Arocha Domínguez said that she wished to know, with respect to the State party’s strategy on employment, what measures were being taken to promote sustainable development with a gender perspective, to ensure women’s access to decent employment, on an equal footing with men, and to provide women with the training needed to find meaningful employment.

She would welcome information on the effects of the maquila industry — assembly manufacturing for export — and the protection afforded to workers by existing legislation on that industry. Noting that women working in the industry in other parts of the world experienced discrimination and humiliation in the form of pregnancy tests, HIV tests, long working days, low wages and a lack of trade union rights, she asked what proportion of women worked in that industry in Paraguay and whether the impact of the industry on women workers had been assessed.

Noting that the Special Rapporteur on contemporary forms of slavery had recently visited Paraguay, the Committee wished to know whether the Government would be implementing any specific plan to address the concerns raised by the Special Rapporteur, particularly those concerning the lack of legal recognition of, and protection against, child labour. The Committee would also welcome comments on the concerns raised by the Special Rapporteur about the inadequacy of the inspections carried out to monitor compliance with Act No. 5407/15 on Domestic Work. Noting that the Special Rapporteur had drawn attention to the limited knowledge of employment rights among domestic workers and the obstacles faced by those workers when they tried to access justice, she asked what was being done to raise the awareness among workers of their rights and employers of their obligations towards them.

Ms. Chalal said that a number of measures, including the improvement of vaccination coverage, had been taken to reduce the child mortality rate. The maternal mortality rate had also fallen slightly but remained high owing to the significant number of pregnancies among girl victims of sexual violence and abuse. Maternal mortality rates were higher in rural areas and indigenous communities.

Abortions performed without medical supervision were frequently carried out and abortion was criminalized under article 109 of the Criminal Code, including in cases involving incest, rape or fetal impairment. Statistics released by the Government indicated that a significant number of girls between the ages of 10 and 14 fell pregnant every day. According to a report on Paraguayan youth issued by the United Nations Population Fund, the number of pregnancies in that age group had increased by over 62 per cent in the previous 10 years. Girls and women who sought abortions and the health-care staff who carried out the procedures could face custodial sentences.

The Committee wished to know whether the State party would consider reviewing its legislation on abortion, particularly in relation to cases involving incest, rape or fetal deformities. She asked what additional measures would be taken to prevent teenage pregnancy, to reduce the maternal mortality rate and to ensure that girls had access to information on sexual and reproductive rights and contraception. She wished to know whether sufficient material, human and financial resources were being allocated to the national reproductive and sexual health care programme 2013-2018.

She asked what obstacles had prevented the adoption of the bill on sexual, reproductive, prenatal and maternal health that had been submitted to the Senate in 2008, whether plans were in place to establish family-planning services for women in rural areas and indigenous communities and what conclusions had been reached by the Ombudsman’s investigation into the obstacles preventing the establishment of gynaecological and obstetric health-care services.

In view of the fact that the primary causes of death among women were breast cancer and cervical cancer, she asked what measures were being taken to prevent those diseases and whether free health care was provided to women who suffered from them. Lastly, she asked whether girls and women who sought abortions would be able to do so confidentially, in line with the recommendation issued by the Committee after its previous meeting with the State party (CEDAW/C/PRY/CO/6, para. 31 (b)).

Mr. Lobos Centurión (Paraguay) said that the Government was striving to increase investment in education from the current 3.7 per cent of gross domestic product (GDP) to 7 per cent. The Ministry of Education and Science had invested over US$ 70 million in building 676 new accessible schools, in addition to 1,200 million guaraníes, which had been allocated to build 400 more schools. An emergency fund was in place to provide solutions for schools that required urgent attention. The Ministry was also investing US$ 50 million to train teachers in France, Spain and in other South American countries. Moreover, some US$ 120 million had been invested in equipping all public schools nationwide with Internet access. Some US$ 46 million would be invested in centres for educational excellence (centros de alto rendimiento) in each departmental capital to ensure that children from low-income families had the same opportunities as their peers.

Measures had been adopted to guarantee the effective expansion of comprehensive sexual education at all levels and in all sectors of education. A programme was in place to promote tertiary education among vulnerable groups, including indigenous communities. Many indigenous women were attracted to technological and production university courses under that programme.

He wished to stress that resolution No. 29,664 prohibiting the use and dissemination of materials relating to gender theory and ideology in schools was a temporary measure that would last for 60 days only while the Ministry reviewed its programmes and official documents to ensure that they were in accordance with the current legal requirements. Under the new organizational structure of the Ministry of Education and Science, the Human Rights Directorate would include an equity and gender department, which would provide relevant training to all staff working in the education sector. A project was under way to ensure that the gender perspective was mainstreamed in all the Ministry’s programmes.

Ms. Bordón (Paraguay) said that action was being taken on several fronts to combat maternal mortality. Efforts were being made to identify every case of maternal and neonatal death. All cases were systematically analysed at the local, regional and central levels. In accordance with international guidelines, deaths resulting from complications relating to abortion were recorded as a separate category from other causes of maternal mortality.

The Ministry of Public Health and Social Welfare had taken extensive steps to reduce the number of teenage pregnancies by increasing access to adolescent-friendly sexual and reproductive health and family planning services. In 2016, a handbook on children’s and young people’s rights in health services had been produced to give medical professionals practical advice from rights-based, intercultural and gender perspectives.

In an effort to address the prevalence of breast and cervical cancer in rural areas, preventive testing and treatment were now provided free of charge and, since 2013, rural girls aged between 11 and 13 had been vaccinated against human papillomavirus. In order to encourage women and girls in rural areas to undergo regular check-ups to ensure early detection of breast and cervical cancer, legislation had been adopted allowing them time off school and work for that purpose.

Mr. González Borgne (Paraguay) added that article 14 of the Code for Childhood and Adolescence guaranteed the right to sexual and reproductive health education. A plethora of information was available to young people within both the education and the health systems, and measures were taken by local and regional authorities to ensure that young people received age and gender-appropriate information.

Mr. Cárdenas Molinas (Paraguay) said that the level of extreme poverty in Paraguay had been significantly reduced, which had resulted in improved health and education indicators for children, including in rural areas and indigenous communities. More children now enrolled in school, they remained in school for longer and began school at an earlier age. In addition, more pregnant women attended prenatal checks, which had reduced the maternal and neonatal mortality rates.

Mr. Thomas (Paraguay) said that many of the employment-related violations of human rights in Paraguay occurred in the informal sector. Efforts had been made over the past five years to reduce the size of that sector, which had gone from about 78 per cent in 2012 to just below 70 per cent in 2017. While that was a step in the right direction, it was clearly insufficient. Measures aiming to bring both businesses and workers into the formal sector included a massive increase in the number of labour inspections and efforts to cross-check data among ministries. He added that the wage gap ranged between 7 and 23 per cent, depending on income level.

The Ministry of Labour, Employment and Social Security had two major training systems in place, one focusing on ensuring that the education system prepared young people for the world of work, while the other focused on vocational training nationwide. There were special courses that targeted vulnerable sectors, primarily women and indigenous communities. Such courses typically provided women with initial skills training in sectors such as catering and hairdressing.

A bill was currently before the National Congress that sought to criminalize child labour in domestic work and the worst forms of child labour. The issue of forced labour was currently under close scrutiny in the light of the observation the Committee of Experts on the Application of Conventions and Recommendations of the International Labour Organization had issued in that regard.

Ms. Ledesma (Paraguay) said that women occupied the same roles and received the same training and salaries as their male counterparts in the police force.

Ms. Chalal said she would appreciate additional information on the law on sex education and on the issue of abortion.

Mr. Arocha Domínguez said that it would be useful to know what urgent steps were being taken to prevent girls from becoming pregnant. Particularly in the wake of the case of the 11-year-old Mainumby, who had become pregnant after being raped by her stepfather and had been denied an abortion by the authorities, it was clear that additional measures were necessary to protect girls and prevent them from becoming pregnant.

Mr. González Borgne (Paraguay) said that the national action plan to address teenage pregnancy, which was based on the regional action plan, was in full swing. Prevention was one of the three pillars of the plan, which focused on providing girls with accurate information and how to avoid pregnancy.

Many campaigns were being run to give both girls and boys the tools they needed to protect themselves from sexual abuse, and several helplines were dedicated to child protection. In 2016, the minimum punishment for child abuse had been increased and penalties had been introduced that were commensurate with the seriousness of the offence. Moreover, a great deal of work had been done to raise awareness and provide training in prevention of child abuse.

Ms. Acosta Vargas asked whether the State party planned to establish childcare facilities and centres for persons with disabilities and older persons nationwide. Women spent much more time than men providing care, which constituted a major obstacle to their economic empowerment. She wished to know whether women who took care of their children and other dependent family members received sufficient monetary benefits for that work.

She would like to know the interest rate for the loans available to women that had been mentioned earlier. It would also be useful to know what temporary special measures had been put in place to ensure that women obtained 50 per cent of the funds available under the Agricultural Empowerment Credit. Were any safeguards in place to ensure that women in need did not fall victim to loan sharks? She would be grateful for additional information on women entrepreneurs in small, medium-sized and large enterprises and policies to support them. She wondered how many women owned their own business in the State party.

It was regrettable that women reportedly dedicated much less time to sport than men in Paraguay, as that inevitably had a negative effect on women’s health and personal development. Moreover, the discrimination faced by girls and women who played football in the State party was a travesty. The Committee would appreciate information on the steps being taken to put a stop to that discrimination.

The Committee remained concerned about the impact of the increase in agricultural exports on rural women. She drew attention to the Committee’s general recommendation No. 34 (2016) on the rights of rural women. According to reports received by the Committee, women and children were systematically driven off their lands by the police and other State officials. The eviction in 2012 of landless peasant families from an area in the district of Curuguaty had resulted in the deaths of 11 peasants and 6 police officers. Among the peasants who had been sentenced for the police officers’ deaths were three women who had reportedly merely been present at the site of the massacre, holding their children. She urged the State party to ensure that those women’s convictions were reviewed.

Given that rural women faced severe structural barriers to accessing basic services such as education, health and justice, she asked what measures were being taken to improve their quality of life, in addition to income-generation or microcredit programmes. She asked whether the National Institute of Indigenous Affairs was addressing the fact that many indigenous women found the medical treatment they were offered culturally inappropriate and their lack of access to health-care infrastructure. She also wished to know whether the Ministry for Women’s Affairs had any indigenous staff members and whether it implemented specific policies to protect the rights of indigenous women and their families. Given the multiple discrimination faced by women with disabilities, the Committee would welcome information on any measures to promote their employment in both the public and private sectors. How could women with disabilities register complaints about violations of their rights and have effective recourse to the justice system? Drawing attention to the discrimination suffered by several groups of women deprived of their liberty, she would like information on the outcome of the monitoring exercise that had taken place in the State party’s detention centres. She asked whether the State party had considered introducing house arrest or electronic bracelets as alternatives to detention for women with childcare responsibilities. She enquired whether any steps were being taken to put a stop to the harassment and abuse of female and transsexual sex workers by the police and by clients.

Ms. Baiardi (Paraguay) said that although efforts were being made to formulate an official policy on caregiving, no such policy was currently in place. Representatives of the institutions involved in those efforts had met very recently to define what was meant by a policy on caregiving and had concluded that the primary beneficiaries of the policy should be children, persons with disabilities and older persons. The policy should be in place within six months.

Mr. Cárdenas Molinas (Paraguay) said that size of the cash transfers made to families depended on the family’s situation. For instance, families with children with severe disabilities received nearly four times as much as other families. Most of the programmes of the Secretariat for Social Action focused on rural areas, where the incidence of extreme poverty was particularly high. Nearly 80 percent of the programmes’ nominal beneficiaries were women. The majority of the beneficiaries of the Secretariat’s land titling efforts were also women.

In 2015, with the assistance of the Office of the United Nations High Commissioner for Human Rights, the Secretariat had established procedures for the provision of support to indigenous peoples. After some initial hesitation, indigenous communities had embraced the procedures enthusiastically. The Secretariat had a number of indigenous officials, including a female ministerial adviser.

Ms. León (Paraguay) said that the Crédito Agrícola de Habilitación, a financial institution that promoted economic development in rural areas of the country, had not traditionally made loans to women. Since 2014, however, when a law reorganizing the institution had been adopted, priority could be given to women and young people. The launch of a financial product designed for women entrepreneurs, developed in consultation with the Ministry for Women’s Affairs, had been the point of departure for the development, in cooperation with other government institutions or the private sector, of a number of other financial products for women. Women who received loans from Crédito Agrícola were also provided with technical assistance and courses on money management, so that paying back their loans would not be an overwhelming burden. The projects that the institution had set up with support from the international cooperation agencies of Japan and Germany had involved the development of relevant gender indicators.

Ms. Morel de Acevedo (Paraguay) said that the persons who had been arrested after the eviction of landless peasants from land they had occupied in Curuguaty had received the necessary legal aid. Within two days of the incident, for instance, public defenders had been assisting persons detained on suspicion of involvement in the killings, first at the police station in Curuguaty itself and later in the prison in Coronel Oviedo, where a court had been set up to hold the first hearings. Three women had been placed under investigation in the case. The Public Defender Service, however, had shown that one of them was a minor, who had been nursing a child. The peasants convicted in the case had appealed against their convictions, and the appeal was still pending.

In addition to ensuring the provision of legal aid, the Public Defender Service was responsible for monitoring the conditions in which women deprived of their liberty were held. The country’s prisons had their own medical personnel, and outside medical personnel participated in the prison visits conducted by Public Defender Service and the Supreme Court. Prisoners also had educational opportunities. On occasion, women had been released from prison with newly earned university degrees. She was aware that there were inmates in women’s prisons who chose to live together as couples. Children were allowed to remain with their imprisoned mothers until they reached school age. Reports that imprisoned indigenous women were prohibited from being with their young children were inaccurate, as there were only two indigenous women imprisoned in Paraguay, and both were older women who did not have young children.

Mr. Thomas (Paraguay) said that the Ministry of Labour, Employment and Social Security had received a number of complaints of labour law violations in the maquila industry. As a result, a number of inspections had been conducted. Those inspections had shown that the industry operated in full compliance with Paraguayan labour laws. A number of major suppliers of automotive parts had set up manufacturing plants in Paraguay in recent years, and as a rule they preferred to hire women, including single mothers. When economic conditions in Brazil had depressed demand for Paraguayan manufactured articles, a number of the companies that owned those plants had continued to pay temporarily laid off workers part of their wages or provide them with their usual benefits.

Complaints had also been received, generally from activist organizations abroad, about the practices of agricultural corporations in the very sparsely settled western region of Paraguay. A branch of the Labour Directorate would open shortly in the region’s capital Filadelfia.

Since the adoption of Act No. 5508 on the Promotion and Protection of Motherhood and Support for Breastfeeding, some employers had been required to provide nurseries. In recent years, an increasing number of inspections had been carried out to ensure that those employers were in compliance with the Act.

Articles 15 and 16

Ms. Schulz said that she would welcome clarification of the conditions under which exceptions could be made to the minimum age for marriage, which was currently 18. It would be interesting to know, for instance, whether the protections in place were sufficient to ensure that girls did not marry against their will. In the same connection, she wished to know what percentage of all marriages involved 16- or 17-year-old children.

She asked whether the Government had a plan to ensure that parental disputes over the order of their children’s surnames were resolved in a manner that was fair to both men and women. In addition, she wondered whether the State party intended to extend the concept of joint marital property to intangible property, as the Committee had recommended in 2011, and, if so, when.

As some three quarters of Paraguayan children were born out of wedlock, the obstacles that made it hard for women to obtain child support and alimony, which could include the need to secure an acknowledgement of paternity or pay for a DNA test, could be seen as a critical problem. The delegation might therefore indicate whether any plans had been made to remove some of those obstacles. She wondered, for instance, whether the State party had considered requiring the man to prove that he was not the father or cover all or part of the cost of DNA testing. It would be interesting to know whether the State party would be willing to cover the costs of such tests.

Similarly, she wished to know when the register of parents who failed to pay child maintenance, provided for by law, was set to become operational, how it would be used and whether the State, standing in for fathers who paid late or not at all, would make the payments owed to mothers. Lastly, she was concerned that a bill on comprehensive protection of the family had too narrow a definition of what constituted a family.

Ms. Pucheta de Correa (Paraguay) said that considerable progress had been made with regard to the minimum age for marriage. In exceptional circumstances, it was currently possible to marry at 16, but, not long before, it had been possible to marry at only 14, in some cases with nothing other than the authorization of a juvenile judge.

The Directorate of Judicial Statistics maintained the register of parents behind on their child support payments. In general, however, mothers who did not receive the payments that they were entitled to filed complaints directly with the criminal courts. Some 5,000 such complaints had been filed in a recent two-year period.

In accordance with Act No. 985/96, parents made joint decisions on the order of their children’s surnames. In one case, however, the courts had ruled that an adult petitioner could change the order of her maternal and paternal surnames or use only one of them. Children born out of wedlock used the mother’s surname, but if they were later formally acknowledged by the father, they were given his surname, too. It would follow the mother’s surname, however.

Awareness-raising efforts had been made to ensure that, with regard to their attempts to obtain declarations of paternity, women knew they had the right to subsidized DNA tests. An application had been developed to help women learn more about their rights as mothers. It could be consulted, in Spanish or Guarani, anywhere in the country.

Ms. Baiardi (Paraguay) said that her delegation was thoroughly familiar with the challenges Paraguay needed to address to eliminate all forms of discrimination against women and girls. Budget restrictions, as had been rightly noted, were one major challenge in that regard. Nonetheless, the Ministry for Women’s Affairs and other institutions had committed to fighting for the budgets to carry out their programmes. Committee members could be certain that her Government would make every effort to act on the Committee’s recommendations.

The meeting rose at 5.05 p.m.