Netherlands
245. The Committee considered the initial report of the Netherlands
(CEDAW/C/NET/1 and Add.1-3) at its 234th and 239th meetings, on 17 and
20 January (see CEDAW/C/SR.234 and 239).
246. In introducing the report of the Netherlands, which consisted of three
parts, one concerning the European territory and two others concerning
the autonomous islands of the Netherlands Antilles and Aruba, the representative
of the Government stressed that the Convention was considered to be an
integral part of the internationally recognized human rights instruments
that formed part of the Netherlands legal and political order. The Convention
was valued not only as the international legal basis for the national programme
of legal reforms, but also as a source of reference for the development
of policies and programmes for women's equality. She outlined important
revisions of and additions to existing legislation as a result of the ratification
of the Convention.
247. In referring to the country's emancipation policy, she said that the
coordination and integration of the policy in all ministries and departments
was hampered by the fragmented structure of administrative and political
decision-making, which constituted an obstacle to the effectiveness of
the national machinery. Efforts to redress that problem included the use
of the Department for the Coordination of Emancipation Policy as a centre
of expertise on policy-making in matters of equality. She said that part
of the emancipation-support policy was the provision of financial support
to non-governmental organizations for their activities in this field.
248. She stated further that under the law of the Netherlands a Convention
to which the country had become a State party automatically became part
of the Netherlands legal order, and that national laws and regulations
which were contrary to the Convention's provisions lost their validity.
In the course of her explanation of the ratification process, she mentioned
the adoption, in the very near future, of a general equal treatment act.
The Government was instructed to report to Parliament on the implementation
of the Convention four years after its entry into force and every subsequent
four years. She cited, as an example of the functioning of the Government's
emancipation support policy, the preparation for the Committee of a "shadow
report" by non-governmental organizations, which counterbalanced the
official report because it accurately reflected the relationship between
the Government and private voluntary organizations, and an additional advisory
report by the external advisory body belonging to the national machinery.
249. The representative of the Netherlands Antilles said that the Convention
not only contributed to identifying some existing deficiencies in the infrastructure
with regard to the implementation of some of its provisions, but it also
showed constraints in the field of reporting in general, for instance with
regard to the collection of statistical information. She emphasized the
relationship between economic activities and their effect on the status
of women and confirmed her Government's intention never to let the economic
status of the country justify non-compliance with the provisions of the
Convention. She said that the pace of the Convention's implementation could
be affected by different factors in the community.
250. She reported on a decrease in the unemployment rate among women in
recent years and a recent decision to apply the principle of equal pay
for equal work to all civil servants. Consciousness-raising programmes
on gender issues had been carried out. She also highlighted the role of
the Bureau for Women's Affairs as the coordinating body of the national
machinery in the field of women and development and said that one of the
priority areas of its agenda was violence against women.
251. The representative of Aruba pointed out that the entry into force
of the Convention had given a new impetus to the rights of the female population.
The rapid economic development in the last five years had caused a sharp
increase in the participation of women in the local labour force. While
the proportion of women in the labour market increased to over 50 per cent
in 1993, the corresponding changes in labour conditions and in the social
field, which were necessary to facilitate the combination of professional
work and family tasks, were still lagging behind. The Government of Aruba
was, therefore, studying the possibility of part-time work and an increase
in the number of day-care facilities.
252. The representative said that the predominant influence of economic
factors on important areas of the society explained why it was that women
were not particularly active in women's rights movements. However, they
were pioneers in providing information about HIV/AIDS and were very active
in providing information on, and preventing, child abuse. The Aruban Human
Rights Committee, which was formally installed in 1993, dealt with reporting
obligations and was authorized to advise the Government on human rights
issues and to raise consciousness among the population about the existence
of human rights in a society where there was no network of non-governmental
organizations. The Committee had also introduced human rights education
in the general school curricula. The Convention had been translated into
Papiamento and presented in a simplified version to the public.
General observations
253. Members of the Committee commended the extensive, very detailed
report, which adhered to the general guidelines and also contained ample
statistics and graphs, and its presentation to the Committee. They welcomed
the fact that the Convention had led to revisions of and additions to existing
legislation and that it had been ratified without reservations. They noted
that human rights education was included in school curricula and that the
Convention had been translated into the native language of Aruba. Members
were favourably impressed by the fact that, one year before presenting
each subsequent report to the Committee, the Government would have to report
to Parliament, and they commended the concern that was shown about the
issue of sexual preference. Members noted that the Government gave support
to women's groups. In reaction to the members' concern as to why non-governmental
organizations had not been consulted in the course of the report's preparation,
the representative explained that much value was attached to the distribution
of power and the spread of responsibilities in the country. Since non-governmental
organizations were independent, they were responsible only towards their
respective constituencies; they could criticize, question or judge governmental
policies, but were never responsible for them. The critical input of non-governmental
organizations was sometimes a challenge to government policy, but was never
an integral part of it; in that way those organizations did not lose their
independence.
254. Members made specific reference to the "shadow report" prepared
by non-governmental organizations and were interested in the Government's
reaction to some of the issues addressed in it. The representative said
that it was not necessary to discuss all the issues raised in the shadow
report, since many of the same issues would be addressed under the different
articles of the Convention.
255. In reaction to the observation that the report should have been more
result-oriented and should have given a more in-depth analysis of both
the status of women and the policy approach taken by the Government, the
representative explained that that was partly the result of the fact that
contributions to the report came from different parts of the Administration
and that it proved difficult to follow the Committee's guidelines without
losing sight of the country's policy priorities. Committee members felt
that the many efforts undertaken were not matched by an equal number of
positive results.
256. Whereas some members commented on the fragmented nature of the national
machinery, others said that its structure highlighted the political will
of the Government to introduce the policy of women's rights into the mainstream.
The representative replied that, in her country, national machinery meant
a complex of various institutions responsible for dealing with different
aspects of the advancement of women. The main political responsibility
for the emancipation policy rested with the State Secretary for Social
Affairs and Employment and, at the administrative level, its core was the
Department for the Coordination of Emancipation Policy. The Emancipation
Council and the Equal Opportunities Commission also belonged to the broad
national machinery. In addition, the role played by other ministries and
departments, local and regional authorities, trade unions and non-governmental
organizations was also highlighted. In follow-up remarks, members asked
whether the transfer of responsibility on women's issues to the regional
and municipal levels posed a danger, and requested information on this
in subsequent reports.
257. When members stated that women's issues should also be included in
the mainstream of the activities of all of the government departments in
the Netherlands Antilles, the representative said that the national machinery
had started to function in 1989 and had been restructured under the competence
of the Minister for General Affairs, who was currently the Prime Minister.
In 1992, the Government had organized a workshop on human rights and the
reporting procedures for participants from different social strata, during
which the Convention was also dealt with. It was important for the national
machinery to receive information on gender bias from all interested parties
in order to tackle the areas of concern in a structural way. Data were
currently gathered in an insufficiently uniform way and the conduct of
research in the five islands that comprised the Netherlands Antilles faced
practical difficulties, related to the decentralization in several policy
fields and the specific needs and characteristics of the different islands.
Recognizing the need for population studies, the Bureau for Women's Affairs
was working on an integral draft policy plan for women and development.
258. The representative of Aruba reported that in 1986 the Government had
appointed a "focal point" for women's affairs at the Directorate
of Social Affairs. Despite numerous efforts, that had not yet led to the
development of an integral and interdepartmental emancipation policy.
259. Members expressed their hope that the island countries would be kept
informed about the presentation of their reports to the Committee and about
the Committee's reactions.
Questions related to specific articles
Article 2
260. In reply to questions about what was meant in the report by "the
working of the Constitution on equal treatment in horizontal relationships",
the representative of the European territory said that "horizontal
relationships" referred to relationships between citizens, as opposed
to the "vertical relationship" between citizens and the State.
One of the main aims of the anti-discrimination legislation was to determine
in which cases citizens were obliged to respect the fundamental rights
of their fellow citizens and in which they might follow their own convictions.
261. Commending the measures taken to combat the problem of violence against
women, members asked which measures had proved to be the most successful
and requested information on the amount of money spent on those measures.
The representative explained that the various instruments that had been
used in that respect were changes in legislation, research and care and
assistance to victims. The prevention of sexual violence was a policy priority.
In 1993, approximately $40 million was spent on various policy measures,
such as shelters, information and innovative projects and the supporting
structure. The responsibility in all such matters lay with various ministries.
262. Replying to the question how many women had made use of the possibility
of filing recourse action in cases of discrimination, the representative
said that, since its revision in 1989, the Equal Opportunities Act had
been used in some 40 to 50 court cases and over 500 cases had been dealt
with by the Equal Opportunities Commission. Referring to the new guidelines
for public prosecution concerning cases of discrimination, of September
1993, the representative stated that they would be reviewed after the entry
into force of the General Equal Opportunities Act.
263. More information was requested on the follow-up policy document on
sexual violence against women and girls. The members of the Committee made
positive comments on the Government's interpretation of equal access of
women to jobs in the military.
Article 3
264. In reply to the members' requests for copies of the social atlas
on the situation of women, the representative said that it was available
only in Dutch.
265. When asked who was responsible for financing support centres at the
national, regional and provincial levels and whether a coordinating body
for the various levels would be set up, as well as whether the Government
intended to institutionalize the funding for women's centres, the representative
explained that each case was different. Some ministries subsidized certain
projects on a permanent basis, whereas other organizations and national
support centres were funded for limited periods. Often after the initial
period an evaluation was conducted and it was decided on a case-by-case
basis whether the subsidy should be prolonged and which party should take
the responsibility. The overall responsibility for the emancipation support
policy resided with the State Secretary for Emancipation Policy.
266. Regarding the summary of the position of women based on most recent
statistics, referred to in paragraph 323 of the report, the representative
said that it was unfortunately not available in time for the session and
would be sent to the members of the Committee immediately after publication.
267. Reacting to the disappointment expressed by members at the abolition
of the Cabinet Committee for Emancipation Policy in 1991, the representative
explained that that was the result of a process of political and administrative
reform.
268. Members asked how it was possible that the Queen could be President
of the Council of State, which was the highest advisory body in the country,
serving her in fact with advice.
Article 4
269. Regarding a request for further information on the targets set
and the timetables provided for temporary special measures, the representative
stated that the goal of government policy was to impose positive action
or preferential treatment by law only as a measure of last resort. Although
the Government had set targets to increase the number of women in almost
every sphere of the civil service, no sanctions were applied if targets
were not met.
Article 5
270. Members welcomed the reports from non-governmental organizations
on article 5 and requested clarification of the policy for equal rights
of lesbian women. The representative postponed presenting an overview of
related government policies and programmes to the second periodic report.
Article 6
271. It was asked whether, within the Bureau for Women's Affairs, there
were special departments to deal with the abuse of women and children.
The representative of Aruba stated that the issue remained a sensitive
area of concern. According to data obtained from the Police Department,
offences related to the sexual abuse of women and children constituted
a considerable part of their workload and the figures were increasing.
A private organization had been set up to help children who were victimized
by such crimes and adults could seek legal redress or obtain help at the
Bureau of Family Difficulties.
272. Doubts were expressed as to whether voluntary prostitution could be
considered an entirely personal matter and a profession. Confronted with
the issue of the forced prostitution of immigrant women, the representative
of the European territory of the Netherlands replied that traffic in women
was considered a problem of forced prostitution and that persons who were
illegally in the Netherlands and had been forced into prostitution would
be granted a residence permit for the period of time covering any investigation
into their situation and the court session.
273. Regarding the HIV/AIDS situation in the Netherlands, it was reported
that the Government had been formulating a policy on HIV/AIDS since the
beginning of the epidemic, a policy which was being implemented at national,
regional and municipal levels, in close cooperation between the competent
health ministry and interested groups. Its key aims were prevention of
the further spread of HIV, care, research and prevention of discrimination
against infected persons, including AIDS-information campaigns for prostitutes.
274. Regarding a question about the reasons for the increase in sexual
violence, the representative said its increase was not influenced by the
fact that pornography was not prohibited. It was even possible that the
availability of pornography for adults had had a restraining influence
on the incidence of violence against women.
Article 7
275. The Committee commended the way in which the report of the Netherlands
mentioned the dates of introduction of male suffrage and universal suffrage,
when the vote was conceded to women. They expressed surprise at the scarce
references in the report to policies of the European Union that promoted
equality of opportunities between women and men. Members asked what the
reactions of the Government and non-governmental organizations were to
positive measures, including legislation to include a larger number of
women in electoral lists, and they requested further clarification on the
electoral system and on the possibility of modifying lists of candidates
in order to introduce more women. The representative explained that one
of the main aims of the emancipation policy was to try to increase the
number of women in politics and public administration. As the candidates
were put forward by the autonomous political parties, and the Government
had no influence in that sphere, it could only exercise indirect influence
through measures such as the provision of grants to political parties for
activities aimed at increasing the number of women in politics or the setting-up
of special working groups dealing with the issue. The political parties
themselves decided on the names and the order of candidates on the list
and it depended on the importance given by the individual parties to women
in politics as to whether women were elected.
276. Regarding the size of grants given to political parties, the representative
said that an amount of about $2.7 million per year was given by the Government
to political parties for training, education and related activities, but
only if the activities were related to matters of importance to the functioning
of the democracy, and only if a party was in financial difficulty.
277. In response to the request for an analysis of the progress made and
the obstacles encountered in securing parity democracy, the representative
explained that, regarding the composition of elected bodies, parity between
women and men was not an objective to be achieved by the Government and
that parity democracy was rejected as conflicting with the basic principles
of democracy itself.
278. In answer to a question about the target figure for female Queen's
Commissioners, the representative said that new Queen's Commissioners were
appointed by the Cabinet, according to the relative strength of the political
parties in the Second Chamber of Parliament, from among "the veterans"
from the field of public administration, only a few of whom were women.
279. Regarding the number of women in administrative and political positions
in provincial and municipal governments, the representative said that detailed
figures would be provided to the Committee in a brochure.
280. Further questions were posed as to whether the marked decline in the
membership of most political parties was the same for women and for men
and whether women's membership in non-governmental organizations had increased.
Considering that some parties mandated that their members belong to a particular
church, it was asked whether there was a danger of religious fanaticism.
281. Regarding the number of women deputies in the Parliament of the Netherlands
Antilles, their representative stated that currently 13 per cent of the
members of Parliament were women, and 30 per cent of the ministerial and
junior ministerial posts were occupied by women.
Article 8
282. Asked about government policies to increase the number of women
in the diplomatic service, the representative of the Netherlands explained
that policy measures were geared towards the recruitment and promotion
of women and that preferential treatment was applied in cases where candidates
had equal qualifications. In the case of couples with both partners in
the diplomatic service, a number of arrangements had proved to be satisfactory
to all parties concerned.
Article 10
283. Members inquired whether programmes demonstrated that a lack of
education was an obstacle to gender equality.
Article 11
284. Regarding the employment rate of women, which until recently was
relatively low in the Netherlands, it was said that it could be explained
by historical, economic and social development, but that thus far social
scientists had not been able to give a generally accepted answer.
285. As to the question whether the increased number of women in part-time
employment was a manifestation of direct or indirect discrimination against
women, the representative said that that was not the case. Most women sought
part-time jobs themselves in order to achieve a better balance in their
lives between their various duties, and men too were looking for part-time
work.
286. Regarding questions concerning the number of working hours that qualified
a job as part-time and the percentage of women working in double part-time
work, the representative stated that, in general, that qualification was
applied to jobs with less than 38 to 40 hours per week and that no statistics
were available on the number of women working in double part-time jobs.
287. Considering that women were highly concentrated in a limited number
of occupations, in spite of having the same educational level as men, several
measures were being taken to redress the situation, such as awareness campaigns
through teaching materials and the media.
288. The representative said that the requests for more information on
pay differences between women and men and pay for work of equal value would
be answered and supplemented by statistics in the second periodic report.
Group action was possible in cases of unequal pay, and that was one of
the main reasons for having introduced group action. Data on female agricultural
workers would also be supplied in the subsequent report.
289. Members inquired whether sanctions existed in the event that the public
employment services did not meet the set targets. Regarding women working
in the private sector, the organizations and enterprises concerned carried
out affirmative action for which they could receive government grants.
290. Asked about the volume of paid work at home, the representative said
that official statistics differed a great deal from one set of statistics
to another and that legislation to improve the situation of those doing
paid work at home was in preparation.
291. Regarding questions about the position of women enrolled in private
social insurance schemes, the representative said that any related problems
should soon disappear in view of the forthcoming implementation of relevant
legislation.
292. In response to questions about the former and the current taxation
situation for women, and concern expressed by members about the negative
effect of the so-called breadwinner's benefit in the system of personal
income tax on women's participation in the labour market, the representative
stated that the major tax reform in the 1980s removed de jure differential
treatment of women and men. A person's decision to enter the labour market
was influenced by various considerations. It was, therefore, not certain
whether the system really functioned as a disincentive for all women to
enter the labour market.
293. Members asked whether the Government provided child-care facilities
to single and unmarried mothers, whether affirmative action was undertaken
aimed at employing more women in managerial positions and what the social
security situation and unemployment benefits of women as compared with
men were. Members commented that the labour market schemes and targets
for unemployed women were not obligatory enough for officials.
294. Regarding the question whether women who suffered discrimination at
work could refer in court to article 11 of the Convention, the representative
replied that it was possible only in litigation against the State, but
not against a private employer or another citizen.
295. When asked whether the Government of Aruba was planning to eliminate
the provision according to which dismissal on the grounds of pregnancy
was legal, the representative of Aruba stated that in the instance of female
government employees no cases of dismissal on the grounds of pregnancy
had ever been presented. In the private sector, dismissal required special
previous approval and pregnancy was not considered to be sufficient reason
to grant such permission. As the Civil Code prohibited dismissal in cases
of sickness, pregnancy was considered to be included under "sickness".
Article 12
296. In reaction to the comment by members that the report was not
detailed enough on the question of health, the representative of the Netherlands
said that in 1994 a study would be conducted on the access of women to
health services.
297. Replying to a question about the availability of special programmes
for women who were already infected with HIV/AIDS, the representative said
that while all government programmes were accessible to both women and
men, the Government subsidized a "Women and AIDS" office and
self-help groups were trying to get women out of their isolation. Although
tourism was one of the main industries in Aruba, the prevalence of AIDS
infection was relatively low. The National AIDS Commission offered care
and counselling, as well as control measures, including health education.
Specific information and guidance was also provided to prostitutes.
298. Following a request for further information on drug addiction among
women and related programmes, the representative of the Netherlands explained
that the central objective of the drug policy was to reduce, as much as
possible, the risks that drug abuse presented to the users, their environment
and society. A pragmatic approach to the problem proved to be more effective
and statistics showed that generally one woman was addicted for every three
men.
299. Asked about the Government's position on euthanasia, the representative
stated that she did not think it proper to link euthanasia with women's
issues.
300. Referring to the question whether there was legislation regarding
artificial insemination and whether it was based on ethical or on scientific
principles, the representative replied that artificial insemination was
not regulated by law. However, hospitals had their codes of conduct and
an individual physician with a different view on the matter could refer
a woman to a colleague to undertake the procedure. It was important that
women applying for that procedure not be refused on the basis of their
marital status, sexual preference or lifestyle. Pregnancy at an advanced
age was currently not covered by law.
301. Members of the Committee requested clarification about the abortion
policy in the country. It was explained that the reason for the five-day
waiting period was to safeguard responsible decision-making and to give
the women the chance of reconsidering if they wished to. Abortion could
be carried out only by a physician in a hospital or clinic with a permit
and was allowed only in a medically or socially untenable situation in
which it was deemed necessary.
Article 16
302. Turning to the question whether any reform was under way regarding
the order of names of married couples, the representative reported on a
bill on equality between men and women in choosing family names that was
currently being considered by Parliament.
303. Regarding the question whether cases of rape within marriage had been
dealt with in court since the entry into force of the new legislation in
1991, the representative replied that there had been some cases, most of
them situations in which the spouses were divorced de facto, but not de
jure. Replying to a related question, she said that, before that law
was adopted, a replacement of the words "through force" by "against
the will" had not been considered, since it would have given a chance
to question the victim about her attitudes.
304. Regarding the high number of divorces in the Netherlands Antilles,
the social, cultural, economic and political reasons for that phenomenon
and the question whether it was not also influenced by the low minimum
age of marriage for women, the representative replied that currently the
Civil Code was undergoing an integral revision. In spite of the low minimum
age of marriage, women generally entered into marriage at the age of 18
or above. Experience showed that reasons for divorce were short periods
of marriage, especially if the wife was self-supporting, domestic violence
against women, unfaithfulness of the husband and the general empowerment
of women.
305. Responding to an additional question relating to international technical
cooperation, the representative stated that development cooperation relating
to the women in development policy had to operate within the overall development
policy, which might force the Government to take a more selective approach.
Concluding comments of the Committee
Introduction
306. The Committee commended the State party for not entering any reservations
and for undertaking such conscientious efforts in legislation as well as
other measures, first before ratifying the Convention, and secondly for
its implementation.
307. It also applauded the State party for presenting such an extensive
report, including a general description of the country and statistics on
the situation of women. It wished, however, for a more in-depth analysis
and a more result-oriented description of legal and other policy measures
in subsequent reports, including more comparative data, as well as information
on the financial cost of the projects described.
308. It noted with satisfaction that the answers given by the State party
to the questions posed by the Committee filled many of the lacunae and
even further improved an already excellent presentation.
Positive aspects
309. The Committee commended the State party's efforts to establish
a comprehensive national machinery as well as the requirement for each
future report on the Convention to be submitted to Parliament before being
presented to the Committee.
310. It noted with appreciation the extensive research, policy and support
measures taken by the State party that explored the causes of and combated
the various forms of violence against women.
311. It also commended the financial support given to women's initiatives
and women's organizations by the Government as well as its willingness
to listen to their concerns and demands. The Committee also applauded the
fact that the State party implemented the Convention by developing policies
and other measures to eliminate discrimination based on sexual preference.
312. It noted with satisfaction that the Netherlands Antilles and Aruba
actively implemented the Convention despite economic difficulties, including
publicizing its content in general and in the schools.
Principal subjects of concern
313. The Committee voiced concern whether the mainstreaming of the
State party's national machinery impacted on its effectiveness. In this
respect it also noted with concern that the transfer of equality policies
and measures from the central to the provincial and municipal levels might
result in a loss of political will and financial support.
314. Another concern was raised by the character of an emancipation policy
that gave only limited financial support to women's projects rather than
institutionalized support.
315. The Committee also expressed concern on the thinness of the State
party's reporting on article 11 compared to the reporting on other articles
and wondered whether this reflected insufficient attention by the Government
to women's employment issues.
Suggestions and recommendations
316. The Committee suggested that in the second report more information
should be given on the national machinery of the Netherlands Antilles and
the Netherlands Aruba. It recommended the inclusion of more information
on the legal and other policy measures to eliminate discrimination on the
grounds of women's sexual preference as well as on the results, including
data, of the efforts of provincial and municipal governments regarding
policies and other measures for women.
317. It suggested that more result-oriented policies regarding women's
employment, including affirmative action, pay issues and child care, were
to be pursued and to be reported upon.
