Executive branch — political positions occupied by women in the first year of the Administration’s term (2005)

Elected	Appointed
Departmental boards	Positions of trust
17.1%	21.3%

Legislative branch

Political parties in the legislature	Per cent Chamber of Representatives	Per cent Chamber of Senators	Total
Encuentro Progresista Frente Amplio Nueva Mayoría	15.4	18.8	16.2
Partido Nacional	8.3	0.0	0.4
Partido Colorado	0.0	0.0	0.0

Stereotypes and education

13. In line with the Committee’s recommendation in respect of the State party’s second and third periodic reports, please provide information on the measures taken to eliminate persistent sociocultural stereotypes in Uruguay that discriminate against women, in particular measures aimed at the media, officials in the judicial system and education professionals.

The Institute has given priority to awareness-raising activities and training for journalists and communicators so that the media incorporate into their agenda the issue of gender and other matters that relate particularly to women. To this end, in 2007, seminars on “Challenges for a gender approach in the media” were held for journalists and communicators from throughout the country and for communications officers from different social organizations.

Following implementation of the Plan for Equality of Opportunities and Rights, a coordination mechanism was set up with the National Public Education Administration-Central Governing Council entitled “Education, gender and domestic violence”. Several activities on the issues of domestic violence, education and gender have been organized and coordinated in the context of this mechanism. It is worth noting that, during 2007, 400 teachers from throughout the country took part in the training seminars, and material was distributed to all public education establishments. Also in 2007, the Primary Education Board declared that the issue of domestic violence was of educational interest, and encouraged discussion of this issue in the classroom during the week leading up to the International Day for the Elimination of Violence against Women.

14. Please provide updated information on the State party’s proposals to include sex education in school curricula.

By means of Extraordinary Act No. 35, Resolution 4, Dossier 1-100213/05 of 14 December 2005, the Central Governing Council of the National Public Education Administration decided to “establish a Sex Education Commission made up of representatives of the primary, secondary and vocational education boards, the Directorate of Teacher Training and Professional Development, the Health Education Directorate of the Central Governing Council and the Health Directorate of the Ministry of Public Health”. The Commission’s mandate was to prepare a proposal for incorporating sex education into the Uruguayan public school system and to present it to the Central Governing Council by 30 June 2006.

The resulting document summarizes the Commission’s six months of work, during which it addressed various issues with the aim of developing a participatory proposal that would reflect reality and respect the vision and perspectives of the education community and the general public, while taking into account the opinions of youth.

The proposal, entitled “The incorporation of sex education into the formal education system: a working proposal”, was presented to and subsequently approved in principle by the Central Governing Council by means of Extraordinary Act No. 35, Resolution 1, Dossier 1-100318/06 of 16 November 2006; the Council furthermore noted the proposal’s excellent technical and conceptual qualities. The Sex Education Commission was entrusted with coordinating the creation of a sex education programme, together with the relevant governing bodies, that, subject to approval by the appropriate board or directorate, would provide for a specific sex education subprogramme for each component of the national public education system.

15. According to the report, the Sex Education Commission was created in December 2005 and formalized in 2006. The Commission was charged with elaborating a new sex education programme to be implemented in 2007. Please provide information on the content of this programme and the results obtained after its first year of implementation.

The sex education programme has several cross-cutting themes, namely human rights, bioethics and wellness. They are addressed in terms of three major concepts: sexuality as part of the process of growing up; the development and promotion of wellness in childhood and adolescence; and education as the key to developing citizenship values within the framework of human rights. Sexuality is defined as “a fundamental dimension of human beings and an integral part of personality that is closely connected to people’s affective, emotional and family life. It is conveyed and expressed in social relationships and other types of connections between people in society in a given historical, economic, social and cultural context.” The concept of development is included in the concept of wellness, thereby enriching and deepening the value of education in building individuals’ quality of life.

Human sexuality is dealt with in its many facets: biological, psychological, sociocultural, moral, communicational, procreative and developmental. The concepts of sexual identity, sexual orientation and sexual diversity are also explored.

The following are among the concepts taught in the basic technological cycle:

–Beliefs and imperatives about sex in our culture: Women, femininity and sexuality, gender imperatives. Components of the dominant model: passivity, dependence, motherhood and emphasis on family life. Female sexuality model: sexual passivity, lack of awareness about the body and about pleasure as a value, sexuality allowed only in the context of marriage.

–Male, masculinity and sexuality. Gender imperatives: Components of the dominant model: social, cultural and family foundations. Assigned attributes and roles. Male sexuality model: emerging practices, exercise of power, social and cultural expectations vs. personal expectations and experience.

–Pleasure and eroticism: conceptualization, auto-eroticism-eroticism.

–Myths and preconceived ideas: myths on masturbation, modesty, shame and fear.

–Sexual negotiation.

–Sexual development: Chromosomal, gonadal and legal sex determination. In-depth study of the following concepts: sexual identity, sexual orientation and sexual diversity.

–Psychosexual development: Human sexual response: biological, communicative, emotional and pleasure-related aspects and myths about human sexual response.

–Initiation of sexual activity: Rites of passage.

–Structure and function of the female and male reproductive systems: Development of the reproductive system, gametes and the sexual cycle. Hypothalamus-pituitary axis. Menstruation and wet dreams.

–Sexual and reproductive health in adolescents: Contraception, fertilization and pregnancy. Diagnosis, physiological and psychological changes, and precautions and responsibilities of couples: choice and desire.

–Biological, psychological and social aspects of teenage pregnancy: Birth: phases and neuroendocrine control.

–Health: Evolution of concepts. Rights of children and adolescents and connection of such rights to health and education: role of educational establishments. Concept of development provided by the World Health Organization.

–Promotion of adolescent health: Promotion of protective actions at the individual, family and social levels: planning a future. Psychological, social and cultural determinants of health.

–Sexual health: STIs: HIV/AIDS, gonorrhoea, syphilis, hepatitis B. Means of transmission and preventive measures.

–Conceptualization of the consumer society: Meanings and values assigned to consumption: “having” vs. “being”. Demands, imperatives and social control. Freedom of choice? Gender imperatives, peer groups, the pleasure obtained from the act of consuming and relationships of assistance. Acceptance. Non‑discrimination. Inclusion.

– Beauty stereotypes and their link to eating disorders.

– Healthy alternatives for the use of free time.

– Local and departmental health services.

Teacher training

In order to incorporate sex education into all the subsystems of the National Public Education Administration, it is necessary to include it in teacher training. Teachers will thus have all the information required to handle sexual topics in the classroom with children and adolescents, within the framework of the proposal approved by the Central Governing Council. To achieve this objective, the following actions were carried out:

–A compulsory seminar was added to the core curriculum of the 2008 Plan for second-year students. The core classes are part of the training required for all teachers, vocational teachers and professors in the country. An optional seminar is also available for the disciplines and teaching material covered in the fourth year.

–Thematic units related to specific disciplines (sociology, psychology, philosophy, history, life education and the environment, among others) were designed.

–The incorporation of partial distance learning opportunities was begun.

The compulsory seminar will cover sexuality and related topics. Sexual development, as governed by biological and psychological factors within a defined social framework, will be presented from a modern perspective that avoids a dualistic/mechanistic approach to body-mind and subjectivity-objectivity relationships, among others. These concepts are considered according to a framework that incorporates the notion of “construction” and “complexity” in configuring the hermeneutics of the subject and subjectivity, identity and gender. Another important aspect is ethical considerations, such as bioethics and related rights. The idea of building identity in a context of respect, solidarity and responsibility, as well as the non-rational and emotional aspects, must be integrated conceptually and experientially in order to build independence and emotional health. Lastly, the anthropological and historical-cultural aspects of sexuality will serve to strengthen the perspectives and concepts that form a vision of human beings as producers and products of practice throughout history, on the basis of criteria formed through creative tension rather than deterministically.

These changes to the curriculum are being applied this year; therefore, there are no concrete results as of yet, and the evaluation process is under way.

16. Please provide information on measures taken by the State party to prevent pregnant teenage girls from dropping out of school and to ensure that they return to school after giving birth.

By means of Act No. 34, Resolution 1, of 18 May 1999, the Central Governing Council decided to establish a special attendance control and support system for pregnant students and student mothers in secondary and tertiary educational establishments under the authority of the National Public Education Administration.

In 2007, an intervention protocol for school social workers was approved as part of the National Programme for Adolescent Health, under the Health Directorate of the Ministry of Public Health. The protocol is a tool for social workers, the purpose of which is to provide health-care support to teenage mothers and fathers and their children with a view to preventing additional unplanned pregnancies. Emphasis is placed on the social inclusion of adolescent mothers and fathers through reintegration in the school system, the workplace and other social environments, the success of which hinges on helping the adolescents in question to develop a vision of their future.

The Infamilia Programme of the Ministry of Social Development makes it a priority to increase teenagers’ responsibility for their sexual and reproductive health. The Programme focuses on preventing, reducing and providing care for unplanned teenage pregnancies by encouraging youth to develop plans for their future. To support these objectives, the Ministries of Social Development and Public Health have developed joint initiatives in coordination with public and private institutions that work in this area. The work takes three approaches:

–Supporting teenage mothers and fathers in the first year following the birth of a child;

–Training youth peer educators;

–Creating specialized care areas for comprehensive adolescent health.

Training is provided through youth workshops on sexual and reproductive health, with a focus on preventing unplanned pregnancies. The resulting youth peer educators on sexual and reproductive health go on to act as multipliers, disseminating information to their peers and becoming facilitators of health promotion activities in their communities. They become involved in the youth peer educator classes given by the National Youth Institute, thus helping to coordinate and rationalize training and empowerment initiatives for adolescents. In addition, they are encouraged to participate in the aforementioned school social workers programme.

In 2006, as part of a joint initiative undertaken by the National Public Education Administration’s Secondary Education Board, the National Youth Institute and the Infamilia Programme of the Ministry of Social Development, a proposal was made to address the low attendance rates of adolescents in secondary schools. The Community Classrooms Programme consists in setting up “bridge” facilities with the pilot schools by establishing “community classrooms”; these classrooms use different approaches, all of which are aimed at the reintegration of young people who are outside the formal education system. They are managed by civil-society organizations and receive teaching hours from the Secondary Education Board. The Programme’s goal is to socially reintegrate 2,500 adolescents between the ages of 12 and 15 who reside in the Programme’s assigned areas in the Departments of Montevideo, Maldonado, San José and Canelones and who have had problems with formal secondary education for any of the following reasons: (i) they dropped out; (ii) they were never registered; or (iii) they are attending school in the first year of the basic cycle, but are at high risk of dropping out (routine poor attendance, behavioural or classroom difficulties, poor performance, etc.). The goal is for such adolescents to return to and remain in public secondary schools.

Employment

17. Please describe the impact of programmes aimed at combating discrimination against women in employment, particularly with regard to unemployment, low income levels and the salary gap between women and men, which adversely affects women, and at promoting and ensuring gender equality in the workplace. Please also describe the status of the proposal to adopt a National Plan for Equality of Treatment and Opportunities in Employment (2004) and indicate the results achieved.

In Uruguay, there are no national programmes to prevent discrimination against women in the workplace. It is therefore not possible to assess the impact on specific unemployment indicators, pay levels or pay gaps between men and women.

PROIMUJER is a gender-focused job training programme designed to promote women’s access to the labour market on equal terms with men.

The National Plan for Equality of treatment and opportunities in Employment (2004) has been incorporated as a strategic area of the First National Plan for Equality of Opportunities and Rights (2007-2011), as it has been agreed upon between the State and the business and union sectors.

The wage boards, which have been re-established by the current Government, have adopted gender equality clauses.

18. Please provide information on the follow-up to the complaints of sexual harassment in the workplace filed in 2005 and 2006. Please indicate whether these complaints were investigated and the types of penalties imposed on the perpetrators.

In 2005, three complaints of sexual harassment were processed; two had been filed by women and one by a man. With respect to sexual harassment of women by sector of employment, one of the complaints was filed by a woman in the food industry, and another by a woman in domestic service. The case involving sexual harassment of a man was in the maritime sector. None of these cases resulted in penalties, for lack of evidence.

In 2006, three complaints were processed involving female employees — one in the services sector and two in the trade sector. Two of the complaints were shelved for lack of evidence; evidentiary proceedings have begun and a legal complaint has been filed for the third. The plaintiff in the latter case has requested a copy of the proceedings and confidentiality for the administrative dossier until the case is closed.

In 2007, complaint No. 15946/2007 was filed. A preliminary hearing with the employee, the accused harasser and the employer was scheduled for 27 December 2007. The owner of the supermarket involved in the case presented a consent order executed on 26 December 2007 and requested that the proceedings should be concluded. The consent order set out the agreement reached by the parties, in which it was explicitly stated that the agreement nullified the complaint submitted to the General Inspectorate of Labour and Social Security.

19. Please describe the results of the implementation of Law No. 18,065 of November 2006, on domestic work. According to the report, in 2004, 87.1 per cent of female domestic workers were not enrolled in the social security system. Please inform the Committee of the extent to which female domestic workers are currently covered by social security.

According to the Ministry of Labour and Social Security, to date there has been no attempt to assess or measure the impact of the law on domestic work.

In 2007, the National Women’s Institute conducted a study on the situation of domestic work in Uruguay. The study will be presented in July of this year.

20. According to the report, while the judge competent to hear labour matters may order measures to end discrimination against women, there is no legal provision for job reinstatement. Does the State party have any plans to amend the labour legislation in this regard?

21. The report indicates that there is no legislation establishing day-care centres or nurseries in the workplace, public or private, as provided under Convention No. 156 and Recommendation No. 165 of the International Labour Organization. Does the State party plan to conform to these international standards and, if not, what are the obstacles to doing so?

Health

22. The report recognizes the ineffectiveness of Law No. 9,763 of 24 January 1938, which criminalizes voluntary abortion but recognizes “ family honour ” as an extenuating circumstance. It also recognizes that this law has not helped to reduce secret and unsafe abortions, which are steadily rising. Please indicate whether there are any plans to amend this law and provide up-to-date information on the status of the draft Law for the Protection of Reproductive Health.

There is a specific bill that has already gone past the drafting stage and is supported by one chamber (the Senate). The Chamber of Representatives is presenting its positions at the present time and is examining the political steps to be taken in order to ensure that it is adopted, given that the President of the Republic has undertaken to veto it. There has been considerable press coverage and voicing of public opinion at public meetings and gatherings about this proposed legislation. Public opinion studies have shown that the bill has a 63 per cent approval rating within the population.

23. Please provide statistical data on the practice of unsafe abortions, which, according to the report, is the leading cause of materna l mortality in the State party.

There are no official figures on the number of abortions performed. The most recent figure produced by social researchers indicated that an estimated 33,000 abortions are performed each year.

24. Please provide information on the impa ct of Ministerial Ordinance No.  369 and its protocols and clinical guidelines, as well as the various programmes for the prevention of unwanted pregnancies mentioned in the report.

The effect of the Ministerial Ordinance has been more qualitative than quantitative. Qualitatively, it has contributed to a shift in the relationship between the patient and the health system, towards one of rights-based care. It has also been important in that it has helped to remove the stigma from the subject of abortion, turning the issues surrounding women with unwanted pregnancies into a health matter.

In quantitative terms, there are approximately eight health centres in which the Ordinance is officially implemented. These comprise two departmental centres and six neighbourhood general hospitals. In the Pereira Rossell Hospital Centre, Uruguay’s main maternity hospital, the Sexual and Reproductive Health department, in which the Ordinance is implemented, sees an average of 30 women with unwanted pregnancies every day, from Monday to Friday and from 8 a.m. to 5 p.m.

The greatest development in terms of programmes to prevent unwanted pregnancies has been seen in the supply of various forms of contraception. Purchases in 2007 exceeded those in 2006 by 20 per cent and distribution to the most remote health-care centres has been improved. The number of outlets in the interior of the country has increased from 157 to 610, with country doctors who make regular visits to small villages.

25. The State party recognizes that it does not have up-to-date and gender-disaggregated data on family-planning coverage. Please describe efforts to change this situation and the results obtained by the various programmes mentioned in the report.

Improvements have been made in the system of records on the coverage of family planning.

26. The report notes an increase in the prevalence of HIV/AIDS, from 0.23 per cent in 2000 to 0.45 per cent in 2004. Please provide up-to-date data on the incidence of HIV/AIDS up to the end of 2007. Describe health and educational measures the State party is planning to adopt in order to combat HIV/AIDS. Please provide information in particular on preventive action and the treatment of pregnant women and indicate whether this population group has access to antiretroviral treatment against HIV/AIDS.

The HIV/AIDS epidemic in Uruguay is of the concentrated type, with an HIV prevalence lower than 1 per cent in the general population and higher than 5 per cent in the populations more exposed to the transmission of HIV: persons in prison, male and female sex workers, drug users and homosexuals. The cumulative figures reported to the Public Health Surveillance Unit as of 30 October 2007 totalled 10,324 persons with HIV/AIDS, comprising 7,168 cases of HIV and 3,156 cases of AIDS.

There is evidence that the prevalence of HIV in Uruguay is increasing. According to estimative or sentinel studies, the rate was 0.23 per cent in 2000, 0.36 per cent in 2002 and 0.45 per cent in 2004. The average age of the infected population is dropping, and the proportion of females in it is increasing. The epidemic is concentrated in the capital city, Montevideo (77 per cent), and also in the area surrounding it (Zona Metropolitana, Canelones and San José), the Department of Maldonado (a tourist area), and the cities near the border with Brazil. Some mistaken beliefs persist among the population of Uruguay concerning how HIV is transmitted and the risks related to sexuality and to HIV/AIDS. Initial results from the knowledge, attitudes and practices (KAP) survey carried out by the Priority Programme on STIs/AIDS jointly with teams from the MORI research firm in December 2007 confirm the continued existence of these ideas in Uruguayan society, in particular within the groups at the greatest risk of sexually transmitted infection:

–Of the persons aged 15 to 24, 18 per cent stated that they had had their first sexual encounter before the age of 15 (24 per cent of males and 10 per cent of females); 16 per cent thought that HIV was transmitted by sharing a drink of the mate beverage; 6 per cent thought that a healthy person could not be infected with HIV and 4 per cent thought that using a condom did not reduce the risk of HIV infection.

The Priority Programme on STIs/AIDS is managed by the Health Directorate (DIGESA) of the Ministry of Public Health, and its principal functions are:

1.Taking an oversight role with regard to STIs/AIDS, promoting linkages between actors, drawing up and putting forward guidelines and regulations at the national level;

2.Promoting health-related public policies, including educational and communications aspects;

3.Monitoring and evaluation of the regulations in force and the services provided by health workers.

Additionally, through the National Adolescence Programme the Health Directorate is seeking to promote and lead the creation of a cross-sectoral Adolescents and Youth Plan, with involvement of the community and families. This will entail adopting a model of comprehensive adolescent care with emphasis on the promotion of healthy lifestyles and the prevention of likely risks, focusing not only on families but also on social support and with active participation by young people.

Uruguay, together with other countries in the region (Chile, Argentina, Brazil, Peru, Paraguay) and with the support of the German Agency for Technical Cooperation (GTZ), the International Centre for Technical Cooperation (CICT — Ministry of Health, Brazil) and the Joint United Nations Programme on HIV/AIDS (UNAIDS), is implementing the Project for Harmonization of Public Policies on Sexual Health, HIV Prevention and Drug Abuse Prevention in the educational environment. The project is being implemented in keeping with the Programme of Sex Education in the Formal Education System (building on the process already under way in Uruguay). The aim is to make it a cross-sectoral project, with coordination among the various sectors involved (Government, civil society and international organizations), targeting the formal education system as a first priority, but also including non-formal community-based education initiatives.

The Programme has also worked on the creation of the Programme of Sex Education — Formal Educational System of the Central Governing Council of the National Public Education Administration.

With regard to preventive action and treatment and care for pregnant women, Uruguay has decrees and resolutions that provide for universal coverage in the provision of antiretroviral drugs to all AIDS sufferers both in the public and in the private sector. Decree No. 158/97 of the executive branch provides for every pregnant woman to be offered HIV testing subject to her informed consent. Such consent must also be obtained for treatment, should the woman prove to be HIV‑positive.

Rural and minority women

27. The report points to sharp disparities in the average income of male-headed and female-headed households, particularly in the rural areas. The percentage of unpaid female workers in the rural areas is also high. In this context, the report mentions that Uruguay has no public policies for rural women. Please indicate whether specific measures have been taken or are planned in order to ensure respect for the human rights of this population group, particularly in the areas of work, education and health.

The Ministry of Livestock, Agriculture and Fisheries has no specific policies for rural women, but it does have areas of work on this issue. These include:

•The work of the Working Group on Gender in the framework of the MERCOSUR Specialized Meeting on Family Farming. Within the Meeting proposals are developed by the Ministry of Livestock, Agriculture and Fisheries and by social organizations linked to family farming. The thematic group on gender functions within this context and generates proposals for specific actions on the issue, while bringing the gender perspective to the other working groups (on trade, land and youth, respectively);

•The “Rural Uruguay” project is carried out by the Ministry under an agreement with the International Fund for Agricultural Development (IFAD). The project basically works with small-scale family farmers and rural wage-earners. The project’s aim is to help address the causes of rural poverty through two major areas of work: income generation and social organization. The project provides financial tools adapted to the beneficiary population, as well as technical advice (mostly in the areas of agricultural production and social organization). This operational project includes an Advisory Unit on the Gender Approach that has begun to mainstream the gender perspective, mainly by sensitizing field technicians and territorial and technical representatives from the central office and including the gender perspective in the planning of the Rural Development and Production Support Office and the Monitoring and Evaluation Unit.

28. In line with the Committee ’ s previous recommendation, please provide information on the human rights situation of indigenous and Afro-descendent women.

The 2006 Expanded Household Survey covered the entire national territory, including all urban and rural areas of the country, taking the entire resident population as the study’s target population. The new form used to conduct this survey included a question aimed at identifying the population’s racial background. This was the third time in Uruguay’s history that an official statistical instrument with nationwide coverage included a question aimed at elucidating the racial composition of the country’s population.

Below are the main results of the analysis of the answers to the ethnic self-identification question included in the 2006 survey. The primary goal was to estimate the size of the population of each racial group and develop an integrated picture of the population profile, taking demographic, economic and social characteristics into account. Another aim was to detect differences between the various ethnic groups in terms of their demographic behaviour and socio-economic performance.

The 2006 survey revealed that racial minorities account for a larger share of the Uruguayan population than previous official figures had indicated. Between the 165,000 people who self-identified as being of African descent in 1996 and the 280,000 who did so in 2006, there is a considerable gap that cannot be explained by this group’s population growth. Of even greater significance was the increase in the population of indigenous descent, which went from just under 15,000 to 90,000 people.

While it is generally agreed that racial and ethnic identity is not a fixed attribute, but rather one that changes in relation to various factors, the magnitude of this increase is too large to be explained by a social change in racial self-perception. The main factor behind this increase is a change in the formulation of the question used to determine the population’s racial background. In 1996 survey respondents were asked to state to what “race” they belonged, while in 2006 they were asked to describe what and how many types of racial ancestry they had. The reference to different concepts and time horizons appears to be the principal reason for the increase in racial minorities. Nonetheless, the outcome may also have been affected by greater ethnic and racial consciousness fostered by the self-affirmation movements of people of African descent and by a cultural environment which, in recent years, has encouraged people to reclaim their indigenous and African roots.

Generally speaking, the demographic features and socio-economic performance of racial minorities were found to differ considerably from those of the white population. This is particularly true in the case of the Afro-descendent minority, which is clearly at a disadvantage in relation to the white majority. The indigenous population is at an intermediate position with respect to some indicators, while in terms of others it is quite similar to the white population.

The indigenous minority is harder to define than the Afro-descendent population. Given its specific features, it seems necessary to investigate in depth what generations and social sectors are most likely to claim indigenous ancestry. Since indigenous groups do not exist as ethnic categories in Uruguay, it is probable that the population that self-identifies as indigenous encompasses a diverse set of people. They include, among others, persons who acknowledge that their distant ancestors were indigenous; those who know that they have a direct ancestor, in a generation somewhat close to their own, who was indigenous; and those who assume, on the basis of their physical appearance, that their ancestors were indigenous. If this is the case, it may be supposed that the profile and performance of the indigenous population represents an average between that of individuals who acknowledge that they have indigenous ancestors but are basically white in terms of appearance, on the one hand, and that of individuals whose physical features reveal their indigenous ancestry, on the other.

With respect to geographical distribution, it was found that the areas with the highest proportions of persons of African descent are those north of Río Negro, particularly the departments of the north-eastern part of the country. In the Department of Artigas this group represents 25 per cent of the department’s total population, which also has the highest proportion of indigenous people (10 per cent). A comparison between the country’s interior as a whole and Montevideo reveals no significant differences: in both areas the white population accounts for about 88 per cent, while the population of African descent represents about 9 per cent and the indigenous population, 3 per cent.

In Montevideo, the country’s capital, the concentration of the population of African descent follows a definite pattern. This population’s share of the total is clearly marginal in the coastal neighbourhoods and small in the central area, but increases in proportion to an area’s proximity to the city’s periphery. The largest concentrations of Afro-descendent populations and, to a lesser extent, indigenous populations, at both the national level and in the capital, are found in the areas with the lowest levels of economic and human development, according to estimates made in 2005.

The black population has a particularly young population structure, in contrast to the white and indigenous populations, whose structure reflects the ageing of the Uruguayan population. Fertility is higher and reproductive life begins earlier in the Afro-descendent population than in the other groups. Marriage and cohabitation also begin earlier in the population of African descent. As a whole, this racial category experiences family transitions earlier than the white and indigenous populations; the indigenous population is at an intermediate position in this respect.

Household structure in the Afro-descendent population is consistent with the features of this group’s demographic composition: these households are younger and larger and include a higher proportion of nuclear households with children than households in the white and indigenous populations.

Although the Expanded Household Survey did not include mortality indicators and did not address health issues, some indicators suggest that mortality is higher in the population of African descent. In particular, rates of widowhood, disaggregated by age, are systematically higher starting at the age of 50 among Afro-descendent women and men than among persons of the same age group in the white population. Since the Afro-descendent population’s poverty rates significantly exceed the national average, it is necessary to investigate to what extent this outcome reflects their less favourable living conditions, their racial status or, most probably, a mixture of the two factors.

The population of African descent is at a clear disadvantage in terms of all the indicators relating to educational and economic performance. This group has fewer average years of schooling than the white population; the difference amounts to two years in the over-35 age group and to 1.6 years in the 25-to-29 age group. While this reduction in the gap indicates that new generations of persons of African descent have more educational opportunities than their predecessors, rates of school attendance after the age of 14 are systematically lower in this group than in the white population. This difference is greatest among young people between the ages of 18 and 24. In this age group, the enrolment rate in the white population (41 per cent) is nearly twice the rate in the black population (22 per cent). In sum, black youth leave the school system earlier than their white peers and face greater difficulties in gaining access to higher education.

With respect to labour-market indicators, the Afro-descendent and indigenous populations have higher activity and employment rates than the white population, but also higher unemployment rates. The higher participation rate reflects the combined effect of black and indigenous people’s earlier entry into the labour market in comparison to their white peers and their tendency to continue working at more advanced ages. In other words, both of these racial minorities enter the labour market earlier and leave it later than members of the white majority.

As to types of occupations, the Afro-descendent population is concentrated in low-skilled jobs and occupies a much smaller share of managerial, professional and technical positions. Black men account for a significant share of construction workers and black women account for a high proportion of workers in the personal services sector. Moreover, members of the Afro-descendent population are more likely than white workers to be employed in the informal sector, regardless of occupational category. The same is true of indigenous workers, but the gap is narrower. Lastly, average pay levels are lower among Afro-descendent men and women than among white persons, in all age groups. Even if a black person has the same level of education and experience and lives in the same city as a white person, the latter usually receives higher pay. This suggests that there is racial discrimination in the labour market.

The situation of the Afro-descendent population in terms of income levels and poverty levels is consistent with this group’s educational and labour performance. This subgroup is overrepresented at the lowest income levels and accounts for a very small proportion of persons at the highest levels. The poverty rate for this population is double the rate for the white population: 50 per cent of the Afro-descendent population lives in poverty and 5 per cent in extreme poverty, while the corresponding rates for the white population are 24 per cent and 1.6 per cent, respectively. The indigenous population again occupies an intermediate position, albeit one that is closer to that of the white population, with a poverty rate of 32 per cent.

One of the conclusions to be drawn from this report is that qualitative information is needed on the criteria that currently determine racial self-identification in the collective imagination.

Marriage and family

29. Please indicate the extent to which the State party is planning to implement the Committee ’ s recommendation and the recommendation of the Committee on the Rights of the Child on the State party ’ s second periodic report (CRC/C/URY/CO/2, para. 26) concerning the amendment of certain discriminatory provisions of the Civil Code relating to the family and marriage. Please indicate in particular whether paragraph 2 of article 16, establishing the minimum age for marriage, has been amended. Please also provide information on the continuing practice, under article 112 of the Civil Code, of prohibiting widowed or divorced women from remarrying for a period of 300 days from the death of the spouse or the date of the divorce, and the withholding of alimony from women who lead a “ disorderly life ” (article 183).

The minimum age for marriage has not been changed. This reform will probably be included as part of the reform of the Civil Code, a task that remains to be done. As a result of the adoption of the Code of Children and Adolescents, child and adolescent parents can officially recognize their children even if said parents are unmarried. This indirectly discourages marriage in cases of early parenthood.

Responses in relation to article 112 of the Civil Code :

Text of article 112 of the Civil Code : “Nor shall marriage be contracted by a widowed or divorced woman until 301 days have elapsed since the death of the husband or separation from the husband, as the case may be, although if such a woman is pregnant, she may marry after giving birth.

This provision shall apply in cases where the separation of the spouses is established by annulment of the marriage.

Nonetheless, a woman in one of the situations referred to above may remarry prior to the expiry of the established time period if at least 90 calendar days have elapsed since she became widowed or separated or since the issuance of the order of annulment, provided that she proves she is not pregnant by submitting a certificate issued by a medical specialist, which shall be added to the respective case file.”

Without denying the blatant discrimination that exists in this provision, in the interest of precision it may be clarified that this prohibition under the Civil Code applies to marriage after widowhood or separation, not divorce.

Responses concerning article 183 of the Civil Code:

Text of article 183 of the Civil Code: “The husband shall remain obligated to contribute to the suitable and decent maintenance of the woman if she is not to blame for the separation, with alimony to be determined in accordance with the payer’s capacity to pay and the woman’s needs, with a view to enabling her to preserve to the extent possible the position she enjoyed during the marriage. Such obligation shall cease if the woman leads a disorderly life.

An indigent spouse shall be entitled to assistance from the other spouse in meeting the expenses necessary for modest subsistence, even if the former was to blame for the separation; but in such cases the judge, in determining the amount to be paid, shall take into account the current conduct of the spouse claiming such assistance.”

This article provides for special alimony, known as suitable maintenance, for women. Unlike men, who are entitled to alimony only in case of indigence (second paragraph), women are in some cases entitled to suitable maintenance, meaning alimony that enables them to maintain the socio-economic status they enjoyed during the marriage (first paragraph). The provision is generally applied only in cases where the woman is not financially independent (e.g., if she has not been active in the labour market).

The term “disorderly life”, which reveals clear prejudice, refers to the suspension of suitable maintenance, not of alimony necessary for survival.

In respect of both spouses the Civil Code provides for an analysis of conduct prior to the determination of the amount to be paid for alimony in case of indigence (second paragraph).

It should be noted that since the submission of the last country report the following laws amending provisions concerning the family and marriage have been adopted: Law No. 18,246 on cohabitation (2007) and Law No. 18,227 on family allowances. Article 3 of the latter concerns the payment of allowances in the mother’s name.

List of public entities that provided additional responses:

Executive branch

1.Ministry of Public Health, National Programme on Gender and Women’s Health, response provided by Dr. Cristina Grela, Director (sent 24 May 2008).

2.Ministry of Public Health, Priority Programme on STIs/AIDS, response provided by María Luz Osimani, Director (sent 29 April 2008).

3.Ministry of Livestock, Agriculture and Fisheries, response provided by Noel González (sent 2 May 2008).

4.Ministry of Social Development, National Women’s Institute, response provided by Carmen Beramendi, Director (sent 29 April 2008).

5.Ministry of Social Development, Childhood and Family Programme, response provided by Fernanda Methol (sent 19 May 2008).

6.Ministry of Labour and Social Security, National Employment Office, response provided by Sara Paysée, Director (sent 12 May 2008).

7.National Public Education Administration/Central Governing Council/Sex Education Commission, response provided by Stella Cerruti, Director (sent 13 May 2008).

Legislative branch

8.Bicameral Women’s Caucus, response provided by Margarita Percovich (sent 2 May 2008).

Judicial branch

9.Judicial branch/Supreme Court of Justice, response provided by Luz Marina Gonnet, Director, Planning and Budget Division (sent 15 May 2008).

Index to annexes

Question 2:

Operational structure of the National Women’s Institute, Ministry of Social Development.

Question 5:

2007 annual report of the National Women’s Institute, Ministry of Social Development.

Question 6:

Draft amendment submitted to the legislature. Reform of the Code of Children and Adolescents. Draft law on mistreatment and sexual abuse of children and adolescents.

Document: Legal definitions of offences involving mistreatment and sexual abuse of children and adolescents.

Question 7:

Estimated current annual cost of posts assigned to a specialized two-shift family office.

Family courts specializing in domestic violence (Law No. 17,514) and Code of Children and Adolescents (Law No. 17,823).

Protection measures ordered under article 10 of Law No. 17,514.

Question 8:

Law No. 18,250 on migration.

Question 9:

Draft law on political participation and gender equity.

Network of Women Politicians project.

Draft law on political parties (financing).

Summary of the “Parlamenta” project.

Question 10:

Draft law on political participation and gender equity.

Question 11:

Draft law on political parties (financing).

Question 12:

Documents on women’s involvement in decision-making.

Question 14:

Project on the inclusion of sex education in the formal education system.

Decisions of the Central Governing Council of the National Public Education Administration.

Sex education programme for 2008.

Programme of the first workshop on sex education and youth.

Programme of the second workshop on sex education and youth.

Question 16:

School social worker intervention protocol, 2008.

Act No. 34, Resolution 1, 18 May 1999, of the Central Governing Council.

Question 18:

Document: Reasons for the non-application of penalties.

Question 23:

Table showing data on maternal mortality in recent years.

Question 25:

Data on family planning.

Question 26:

HIV/AIDS table.

Question 28:

Report on the demographic and socio-economic profile of the Uruguayan population by racial background.

Expanded Household Survey, 2006.

Table on women of African descent not enrolled in the social security system.