Ireland
161. The Committee considered the combined second
and third periodic reports of Ireland (CEDAW/C/IRL/2-3)
at its 440th and 441st meetings, on 21 June
1999 (see CEDAW/C/SR.440 and 441).
(a) Introduction by the State party
162. The representative of Ireland began his
introduction by emphasizing Ireland's involvement
of women in politics, giving the example of
the election of their second successive woman
President, which followed an election in which
four of the five candidates were women. Although
the number of women in Parliament was still
lower than desired, the Second Commission on
the Status of Women had made several recommendations
to the Government and political parties were
seeking to increase women's representation.
The representative explained that the 1998 Employment
Equality Act outlawed discrimination on nine
grounds, including gender, marital status, family
status, sexual orientation and membership in
the "traveller" community.
163. The representative described the role of
women in the labour force, noting the participation
of women in the civil service and policies with
regard to sexual harassment, childcare, parental
leave, work sharing and part-time work. He noted
that childcare was seen as one of the most important
ways of reconciling work and family life, and
a working group had been established to report
on that. He described the national development
plan on equal opportunities between women and
men.
164. The representative noted that the educational
system enabled each person to fulfil her or
his potential, and was reinforced by the Education
Act of 1998, which made specific provisions
for the promotion of equality of access to and
participation in education. The Equality Committee
of the Department of Education and Science had
been established to monitor and coordinate activities
relating to equality of opportunity for girls
and boys in education. It was also developing
strategies for mainstreaming gender equality
and had also addressed the under-representation
of women in decision-making positions in education.
Following research and a series of pilot courses
designed specifically for women interested in
seeking promotion to decision-making positions,
more women had been appointed to senior positions,
but the Government recognized that more women
in top management positions were still required.
165. The representative described the National
Anti-Poverty Strategy and its key objective
of reducing inequalities and focusing on the
gender dimensions of poverty. Single-parent
and single-adult households were given particular
attention in the Strategy. The representative
noted that women in both urban and rural areas
experienced problems arising from poverty and
marginalization, and that women's and community
groups had an important role in tackling those
problems.
166. The Committee was informed that Ireland's
five reservations to the Convention were being
kept under regular review. The reservation to
article 13 (b) and (c) concerning access to
financial credit and recreational facilities
would be lifted when an equal status bill, which
would prohibit discrimination in areas other
than employment, was enacted. The removal of
the reservation relating to contracts entered
into by women was also expected.
167. The representative informed the Committee
that in 1993, the Government had established
a task force to examine the needs of "travellers",
which had resulted in a report containing over
300 recommendations. The report recommended
the examination of gender implications in order
to ascertain how policies and practices contributed
to or hampered progress for "traveller"
women. Proposals for future initiatives would
be monitored and resources would be made available
for the collection and collation of data. The
representative noted that the health of "traveller"
women was a priority area, that outreach services
and on-site and special clinics had been introduced
or were in the planning stages and that the
Primary Health Care for Travellers Project established
in 1994 trained "traveller" women
in the delivery of primary health-care services.
168. The representative indicated that measures,
including the Refugee Act of 1996, had been
introduced to deter discrimination against refugees
and asylum seekers. Measures to address vulnerable
categories of refugees, such as victims of trauma,
torture or rape, had also been introduced.
169. The representative informed the Committee
about the new women's prison that had been built
to replace existing inadequate accommodation.
Education, work-training and physical education
facilities for female prisoners had also been
introduced.
170. The representative indicated to the Committee
that in order to meet women's health needs fully,
the Plan for Women's Health, 1997-1999, had
been developed. Its four main objectives include
maximizing the health and social gains for Irish
women; creating a woman-friendly health service;
increasing consultation with, and representation
of, women in health services; and enhancing
the contribution of the health services to promoting
women's health in the developing world. The
plan had been supplemented by the establishment
of a Women's Health Council, which provided
for women's participation in the policy-making
processes.
171. The representative noted that violence
against women continued to be of grave concern
to the Government, and had led to the establishment
in 1997 of the National Steering Committee on
Violence against Women. Its objectives included
the development of public-awareness campaigns,
criminal justice intervention, services and
support. Regional Committees on Violence had
been formed in the eight Health Board regions
and were designed to draw together the services
available to women to provide a sympathetic
and consolidated approach to the treatment of
victims of violence. Rape crisis centres were
regarded as vital for the victims of rape and
sexual abuse.
172. In concluding, the representative indicated
that Ireland had supported a strong optional
protocol during negotiations, and expected to
ratify it as soon as the protocol was adopted
and opened for signature, accession or ratification.
(b) Concluding comments of the Committee
Introduction
173. The Committee expresses its appreciation
to the Government of Ireland for submitting
its combined second and third periodic report,
containing data disaggregated by sex. It commends
the Government for the comprehensive written
replies to the Committee's questions and its
oral presentation which provided additional
information on the current situation of the
implementation of the Convention. It appreciates
the manner in which the State party identified
areas for further progress.
174. The Committee commends the Government of
Ireland for having sent a large delegation,
headed by the Second Secretary of the Department
of Justice, Equality and Law Reform, and including
officials from various branches of Government.
Their participation enhanced the quality of
the constructive dialogue between the State
party and the Committee. The Committee notes
that information was provided in the combined
second and third periodic report, as well as
in the written replies, on Ireland's follow-up
to the Beijing Declaration and Platform for
Action.
Positive aspects
175. The Committee commends the Government on
its steady progress in withdrawing reservations
entered to the Convention upon ratification,
and on the fact that remaining reservations
are kept under review.
176. The Committee welcomes legislative changes
since the consideration of the initial report
in 1989, including the adoption of the Criminal
Law (Rape) (Amendment) Act (1990), the Criminal
Justice Act (1993), the Domestic Violence Act
(1996), the Parental Leave Act (1998), the Education
Act (1998) and the Employment Equality Act (1998)
and the forthcoming entry into force of the
Equal Status Bill, published in April 1999.
In particular, the Committee welcomes the amendment
to the Constitution allowing for the introduction
of divorce, and the subsequent adoption of the
Family Law (Divorce) Act of 1996. The Committee
also notes the pending establishment of an independent
statutory-based Human Rights Commission, as
well as consideration of the incorporation of
the European Convention for the Protection of
Human Rights and Fundamental Freedoms into Irish
law.
177. The Committee notes with appreciation the
appointment, in 1993, of a Cabinet Minister
for Justice, Equality and Law Reform, responsible
for institutional, administrative and legal
reform and for coordinating and monitoring government
policies with regard to women's equality. It
welcomes the Government's commitment to mainstreaming
a gender perspective into all policies and programmes,
and the regular scrutiny of all governmental
proposals for their impact on women. It also
welcomes the issuance of guidelines for dealing
with sexual harassment in the civil service,
and the adoption of a plan of action on elderly
women.
178. The Committee notes with appreciation that
women have benefited from a strong economic
growth rate in recent years and have entered
the labour market in unprecedented numbers.
The Committee welcomes the Government's commitment
to reaching the target of a minimum of 40 per
cent of women on each State board, and the increase
to over 33 per cent of Irish women in the elections
to the European Parliament in June 1999.
Factors and difficulties affecting the implementation
of the Convention
179. The Committee considers that the persistence
of the emphasis on the role of women as mothers
and caregivers tends to perpetuate sex role
stereotypes and constitutes a serious impediment
to the full implementation of the Convention.
The lack of emphasis, in public perception and
in State policy, on the shared responsibility
of men for family and caring work further compounds
the situation of de facto inequality of women.
Principal areas of concern and recommendations
180. The Committee notes that although Ireland
is a secular State, the influence of the Church
is strongly felt not only in attitudes and stereotypes
but also in official State policy. In particular,
women's right to health, including reproductive
health, is compromised by this influence. The
Committee notes that Ireland did not enter a
reservation to article 12 upon ratification
of the Convention. The Committee recommends
implementation of this article in full.
181. The Committee expresses its concern that,
notwithstanding recent favourable economic growth,
which has led to women's labour force participation
reaching 40 per cent, there is a considerable
age gap in that participation, with almost no
women over the age of 50 years in paid employment.
It is also concerned that women hold the majority
of part-time jobs and earn less than men, and
that little progress is being made in assessing
and valuing work of comparable value.
182. The Committee urges the Government to ensure
that legislation and policies create the structural
and systemic framework that will lead to women's
long-term participation in the labour force
on a basis of equality with men. In particular,
the Committee urges the Government to take further
measures to reduce the pay gap in women's earnings,
taking into account developments that have refined
the concepts of equal pay for work of comparable
value, and to assess the impact of cultural
stereotypes and women's reproductive responsibilities
on the continuing pay gap.
183. While welcoming the Government's recent
focus on developing and adopting family-friendly,
childcare and parental leave policies to facilitate
women's participation in the labour market,
the Committee expresses its concern that these
policies continue to place primary responsibility
for family work and childcare on women, rather
than emphasizing the shared responsibility of
men and women.
184. The Committee urges the Government to monitor
and review its work and family life policies
and legislation so as to ensure that they create
incentives and opportunities for women and men
to share, equally, paid work outside the home
and unpaid family work. In particular, the Committee
recommends that such regulations and policies
be accompanied by awareness-raising and educational
efforts aimed at changing attitudes concerning
women's traditional roles and responsibilities
for child and family care. It also recommends
that parental leave regulations be assessed
with a view to providing for paid parental leave
so as to create an incentive for men to take
advantage of their legal entitlements.
185. While noting with appreciation the existence
of a Plan for Women's Health, 1997-1999, and
the establishment of a Women's Health Council,
as well as the wide availability of various
programmes to improve women's health, the Committee
is concerned that, with very limited exceptions,
abortion remains illegal in Ireland. Women who
wish to terminate their pregnancies need to
travel abroad. This creates hardship for vulnerable
groups, such as female asylum seekers who cannot
leave the territory of the State.
186. The Committee urges the Government to facilitate
a national dialogue on women's reproductive
rights, including on the restrictive abortion
laws. It also urges the Government to further
improve family planning services and the availability
of contraception, including for teenagers and
young adults. It also urges the Government to
promote the use of condoms to prevent the spread
of HIV/AIDS.
187. Noting that a National Steering Committee
on Violence against Women has been established
to develop a national strategy to this issue,
the Committee is concerned that no comprehensive
and multidimensional strategy has yet been adopted
to prevent and eliminate violence against women.
188. The Committee requests the inclusion in
the next report of comprehensive statistical
information on the types and frequency of violence
against women, including domestic violence,
the number of complaints brought by women and
the results of investigations. The Committee
also requests detailed information on sexual
harassment against women in the workplace, and
on means of redress available to and used by
women and the results thereof.
189. The Committee notes with concern that women
continue to be under-represented in public and
political life, and that structural and attitudinal
reasons, including limiting cultural and social
values, difficulties in reconciling family life,
paid employment and political tasks, have been
identified among the reasons for this low representation.
190. The Committee urges the Government to make
full use of temporary special measures in accordance
with article 4.1 of the Convention to increase
women's participation in politics and decision-making.
It also recommends that the Equal Status Bill
(1999) be implemented to provide for temporary
special measures to overcome systemic and indirect
discrimination against women. The Committee
recommends awareness-raising and educational
measures to redress cultural stereotypes, increase
men's sharing of domestic work and encourage
mentoring, networking and support systems to
facilitate women's entry into public life.
191. The Committee recommends that the impact
of such legislation and policies on achieving
equality for women be rigorously monitored and
regularly assessed and evaluated with a view
to taking corrective action when and if necessary.
The Committee requests that detailed information
on these policies, including data disaggregated
by sex, a discussion of methodologies and of
indicators used and of their impact on women's
equality, be included in the next report.
192. The Committee encourages the Government
to ensure that the Convention on the Elimination
of All Forms of Discrimination against Women
is included in the terms of reference of the
Human Rights Commission, and that the Commission
is made up of a balanced number of women and
men.
193. The Committee expresses its concern about
the continuing existence, in article 41.2 of
the Irish Constitution, of concepts that reflect
a stereotypical view of the role of women in
the home and as mothers. It is aware that amendments
to this article are being considered by the
Parliamentary Committee on Constitutional Reform.
The Committee also notes with concern that the
constitutional guarantee of non-discrimination
does not extend to private, non-State actors.
194. The Committee emphasizes that article 5
of the Convention stipulates that all appropriate
measures to modify the social and cultural patterns
of conduct of men and women be taken, with a
view to the elimination of prejudices and customary
and all other practices that are based on stereotyped
roles for men and women. The Committee calls
upon the Government to ensure that the Parliamentary
Committee on Constitutional Reform is fully
aware of Ireland's obligations under the Convention,
including article 5.
195. The Committee requests that the next report
provide comprehensive information, including
statistical data covering life expectancy, literacy
rates, employment and property rights, on the
situation of rural women. Noting with concern
that a recent poverty survey did not provide
data disaggregated by sex, the Committee requests
that a detailed analysis be included in the
next report of the causes, forms and extent
of women's poverty and its intergenerational
perpetuation, as well as of the impact of measures
to reduce and eliminate women's poverty in general
and that of vulnerable groups of women in particular.
196. The Committee is concerned about the lack
of sex- disaggregated data on members of the
academic profession with respect to different
fields and levels. This is necessary to assess
women's advancement in higher education. It
is also concerned about the inadequacy of information
provided on women's studies in tertiary education
in Ireland.
197. The Committee requests that the next report
provide sex-disaggregated data on academic personnel
in the universities, as well as information
on the activities and programmes on women's
studies centres, particularly with respect to
whether or not they grant degrees and to what
extent gender and women's studies courses are
integrated into the curricula of conventional
disciplines in tertiary education.
198. Noting the recent and extensive legislative
developments in Ireland as they pertain to women's
equality, the Committee also notes that there
is a need for continuing and ongoing training
of the judiciary, including magistrates, on
gender sensitivity.
199. The Committee encourages the Government
to ensure, through various means and channels,
that gender training is not only an integral
part of Law School curricula but that it is
also part of the continuing education of legal
professionals and the judiciary. It also encourages
the Government to ensure that an adequate number
of women are selected for appointment to specialized
courts, such as family courts.
200. The Committee requests that the Government
responds in its next periodic report to the
specific issues raised in these concluding comments.
201. The Committee requests the wide dissemination
in Ireland of the present concluding comments,
in order to make the people of Ireland, and
in particular government administrators and
politicians, aware of the steps that have been
taken to ensure de jure and de facto
equality for women and the further steps that
are required in that regard. It also requests
the Government to continue to disseminate widely,
and in particular to women's and human rights
organizations, the Convention, the Committee's
general recommendations and the Beijing Declaration
and Platform for Action.
