United Kingdom of Great Britain and Northern
Ireland
278. The Committee considered the third and
fourth periodic reports of the United Kingdom
of Great Britain and Northern Ireland (CEDAW/C/UK/3
and Add.1 and 2; and CEDAW/C/UK/4 and Add.1-4)
at its 429th and 430th meetings, on 10 June
1999.
(a) Introduction by the State party
279. In introducing the third and fourth periodic
reports, the representative noted that since
the submission of the third periodic report,
and following the elections in 1997, substantial
policy changes had occurred. The fourth periodic
report represented the current situation in
the State party. She also drew attention to
the presence in the delegation of experts to
address the situation of women in Scotland and
Northern Ireland, where responsibility was devolved,
and of representatives of different parts of
the Government with responsibility for women's
issues. Emphasis was placed on the clear vision
for equality for women, represented by a new
range of policies, and of new institutions and
structures within Government.
280. The representative stressed the Government's
commitment to equality of opportunity and fairness
for all and to the elimination of discrimination
against women. This encompassed the positive
goal of improving women's overall position in
society and included a commitment to giving
men the chance to take on roles traditionally
assumed by women. The obligations under the
Convention on the Elimination of All Forms of
Discrimination against Women and the policy
recommendations of the Beijing Declaration and
the Platform for Action were catalysts for helping
the Government to deliver its goals. Through
a process of gender mainstreaming, the major
departments of State had policy and programme
responsibility to promote the women's agenda
as an integral part of their wider responsibilities.
Other partners also played a critical role in
achieving the goal of equality for women, including
the private sector, non-governmental organizations
and civil society. Close cooperation was maintained
with the Equal Opportunities Commission and
with non-governmental organizations. The Equal
Opportunities Commission and the Women's National
Commission contributed to the preparation of
the fourth periodic report.
281. In highlighting key policy developments
relating to the Convention, the representative
noted, in particular, the National Childcare
Strategy, budgetary reforms such as an increased
child benefit, working families tax credit,
the introduction of the national minimum wage,
pension reform, employment programmes (the New
Deals), including those benefiting women, implementation
of the Social Chapter of the European Union
and family-friendly employment.
282. The representative stressed the commitment
to "joined-up" and more open Government,
which was reflected in the establishment of
new machinery and processes. The appointment
of two Ministers for Women, the creation of
the Women's Unit in the Cabinet Office and new
cross-cutting mechanisms such as a Cabinet Subcommittee
on women and a women's policy group allowed
for focused attention to women's issues. It
was pointed out that the number of women in
Parliament and in the Cabinet had reached the
highest level ever. The representative identified
a number of continuing challenges, including
the implication of the decision to mainstream
women's issues and the related relatively low
profile of the women's machinery, as well as
women's lack of information about government
action on their behalf.
283. The process of devolution reflecting the
diversity in the State party represented a major
constitutional change. While the Government
of the United Kingdom retained overall responsibility
for implementation of the Convention, certain
responsibilities were being devolved to the
Scottish Parliament, the Northern Ireland Assembly
and the National Assembly for Wales, respectively.
The representatives provided an overview of
the legislative powers and institutional structures
and of mechanisms responsible for women's issues
and of planned as well as ongoing activities.
It was noted that detailed post-devolution working
arrangements would be decided by Ministers in
due course.
284. Women in Northern Ireland had played a
very active role in the peace process and 14
women had been elected to the new Northern Ireland
Assembly, which had a total of 108 seats. Transferred
responsibilities included responsibility for
equality legislation, including sex discrimination
and equal pay legislation, for women's issues
generally, and for the administration of the
new Equality Commission. The representative
stressed the commitment to a continuing and
effective process on women's issues in Northern
Ireland.
285. A commitment to promoting equal opportunities
underpinned the devolution settlement with regard
to Scotland. The Equal Opportunities Committee
of the Parliament had a wide remit, including
power to initiate new legislation. A new Equality
Unit in the Scottish Executive would play a
key role in supporting mainstreaming of all
policy and programme developments, implementation
and evaluation in areas of gender, race, and
disability. Women's representation in the Scottish
Parliament (37 per cent) and in the Cabinet
(3 out of 10) was noted, and consultative processes
with women's organizations were highlighted.
286. With regard to Wales, the representative
noted that the Welsh Assembly would have no
new powers to create legislation, but will have
transferred to it the powers currently held
by the Secretary of State for Wales. A standing
committee on equality was to be created, supported
by an equality policy unit. Of those elected
to the new Welsh Assembly, 28 were women (42
per cent), and four women had been appointed
to the 8-person Cabinet.
287. In addition to the important developments
in devolution, the representative highlighted
the role of the Treasury and of the 1999 budget
with regard to women. The new budget process
had a more strategic orientation, which sought
to address the causes of problems, rather than
to remedy their effects. It also required a
gender impact assessment, as well as mainstreaming.
The overall emphasis of the 1999 budget was
on poverty reduction, which had a series of
implications for women and children, including
a new tax rate that benefited low-earning women;
a new low basic tax rate; reduction in National
Insurance contributions for 8 million women;
extension of maternity pay to low-paid women
in part-time work; new maternity grants; a further
real increase in child benefits; and additional
support for lone parents.
288. In conclusion, the representative noted
that the Government had put in place the main
structural elements and that progress was being
made in addressing the continuing institutional
and cultural obstacles that women continued
to face. She underlined the Government's determination
to secure further improvement for women.
(b) Concluding comments of the Committee
Introduction
289. The Committee expresses its appreciation
to the Government of the United Kingdom of Great
Britain and Northern Ireland for submitting
detailed third and fourth periodic reports containing
data disaggregated by sex. It commends the Government
for the comprehensive written replies to the
Committee's questions and its oral presentation
that further clarified recent developments in
the State party. It appreciates the open manner
in which the report was prepared and presented
and, in particular, the breadth of the consultative
process with non-governmental organizations
during the preparation of the fourth periodic
report. This enriched the reports and enabled
a large number of women to become informed about
the Convention and the rights protected by it.
290. The Committee commends the Government of
the United Kingdom of Great Britain and Northern
Ireland for having sent a large delegation with
a high degree of expertise, which was led by
the Director of the Women's Unit, Cabinet Office,
and included officials from various branches
of Government and from the Scottish and Northern
Ireland offices. Their participation enhanced
the quality of the constructive dialogue between
the State party and the Committee. The Committee
notes that the reports refer to steps taken
by the Government to implement the Beijing Platform
for Action.
Positive aspects
291. The Committee commends the Government for
withdrawing some reservations entered to the
Convention upon ratification and on the fact
that remaining reservations are kept under review.
The Committee notes that this is in keeping
with one of the Government's commitments made
at the Fourth World Conference on Women.
292. The Committee notes the commitment to "joined-up"
and open Government and especially the programme
of consultation on public policy issues with
women who are not members of representative
organizations. It also commends the decision
to mainstream women's issues into all areas
of work of the Government, particularly into
the work of the Treasury and the budget process.
The Committee welcomes the establishment of
the Cabinet Subcommittee on Women and the creation
of governmental machinery on women's issues
and its role as catalyst and facilitator for
mainstreaming.
293. The Committee welcomes the adoption of
the regional human rights instruments and the
enactment of the Human Rights Act 1998. This
will create an environment in which women's
human rights can be developed to comply fully
with the Convention.
294. The Committee also welcomes legislative
changes since the consideration of the second
report in 1991, including the amended Sex Discrimination
Act (1996), the Protection from Harassment Act
(1997), the Sex Offenders Act (1997), and the
National Minimum Wage Act (1999).
Factors and difficulties affecting the implementation
of the Convention
295. The Committee notes that there are no significant
factors or difficulties which prevent the effective
implementation of the Convention in the United
Kingdom of Great Britain and Northern Ireland.
Principal areas of concern and recommendations
296. The Committee notes the fundamental constitutional
changes in the State party, including the devolution
of a degree of power and responsibility for
government to elected bodies in Wales, Scotland
and Northern Ireland. The Committee notes, however,
that the obligation for implementing the Convention
rests with the Government of the United Kingdom.
The Committee notes that different regimes are
being established in Wales, Scotland and Northern
Ireland with responsibility for women's equality
issues, including legislative and administrative
provisions and mechanisms. The Committee is
concerned that the protection of women's human
rights will be uneven.
297. The Committee urges the Government to ensure
that there is a unified national strategy and
policy for the implementation of all provisions
of the Convention so that all women in the entire
territory of the State party can benefit equally
as a result of the Government's obligations
under the Convention and its stated commitment
to the goal of de jure and de facto equality
for women. The Committee urges the Government
to extend the legislative provisions for mainstreaming
equality for women in Northern Ireland to the
rest of the United Kingdom. The Committee also
calls on the Government to monitor the implementation
of the Convention carefully and, in particular,
the practical arrangements that are being put
in place on equality issues.
298. The Committee recognizes that only a short
period of time has elapsed since the introduction
of new legislation and policies in areas such
as the national minimum wage, the New Deals
(employment programmes) for women, the new outcome-oriented
budgeting process and budgetary reforms, the
commitment to family-friendly employment, and
since the decision was made to mainstream women's
issues into all areas of Government.
299. The Committee urges the Government to ensure
rigorous analysis and evaluation of recently
introduced and planned policies and their implications
for de jure and de facto equality for
women. It also invites the Government to continue
to refine its mainstreaming approach and the
cross-sectoral and cross-cutting approach to
issues. The Committee requests the Government
in its fifth periodic report to provide a comprehensive
assessment of the impact of these efforts so
that the Committee can evaluate changes in relation
to the Convention. In particular, the Committee
requests the Government to monitor the implementation
of policies in the entire territory of the State
party.
300. While welcoming the adoption of the Human
Rights Act 1998, the Committee emphasizes that
the European Convention on Human Rights and
Fundamental Freedoms does not provide for the
full range of women's human rights incorporated
in the Convention on the Elimination of All
Forms of Discrimination against Women. In particular,
the European Convention on Human Rights and
Fundamental Freedoms does not expressly provide
for the rights to equality in article 2 of the
Convention. Nor does it contain a positive obligation
for Governments to eliminate indirect discrimination
as defined in article 1 of the Convention or
provide for temporary special measures as set
out in article 4.1 of the Convention. The Committee
is concerned that the Government, as stated
in the oral replies, considers the obligations
under the Convention to be of a much more "programmatic"
nature than the European Convention on Human
Rights and Fundamental Freedoms and thus difficult
to introduce into common law. The Committee
considers that nonetheless full implementation
of the Convention can be achieved.
301. The Committee recommends that the Government
give further consideration to the introduction
of legislation covering all aspects of the Convention,
in particular the provisions of article 1 to
prohibit indirect discrimination and to provide
women with effective remedies against indirect
discrimination. The Committee also urges the
Government to introduce legislative protection
for the rights in article 2, and to take further
measures to implement article 4.1, including
legislative measures, and to set goals for women's
equal representation in all areas and at all
levels. It also recommends that the Government
give consideration to incorporating the Convention
on the Elimination of All Forms of Discrimination
against Women into domestic law, as it has incorporated
the European Convention on Human Rights and
Fundamental Freedoms.
302. The Committee notes with concern that the
numbers and percentage of women in public and
political life, in the judiciary, in positions
of higher education and in other areas remain
far from equal with men. The Committee recommends
that the State party undertake a critical evaluation
of the impact and sufficiency of current measures
to comply fully with its obligations under articles
7 and 8 of the Convention. The Committee recommends
that specific strategies be adopted to encourage
women to seek public office and governmental
appointments, including mentoring, networking
and review of merit qualifications to reflect
a broader range of experiences and skills.
303. The Committee is concerned at the lack
of information provided by the State party with
regard to the implementation of the Convention,
as well as at the limited follow-up to commitments
made at the Fourth World Conference on Women
in the overseas territories, most notably the
Isle of Man, the Turks and Caicos Islands, the
Virgin Islands and the Falkland Islands (Malvinas).
304. The Committee recommends that the State
party take all necessary measures to implement
the Convention in its overseas territories,
and to provide comprehensive information on
steps and measures taken in this regard in its
next report.
305. The Committee expresses concern at the
disadvantaged situation of women belonging to
ethnic minorities, notwithstanding the existence
of legislative protection against discrimination
on the basis of race and ethnicity. Ethnic minority
women continue to experience higher levels of
unemployment, lower levels of education and
training, lower wages and salaries and fewer
benefits than white women.
306. The Committee recommends that steps be
taken to ensure the elimination of direct and
indirect discrimination against ethnic minority
women, including through positive action in
recruitment, awareness campaigns and targeted
training, education, employment and health-care
strategies.
307. The Committee is concerned at the continuing
pay gap between women and men where figures
for 1998 show that average hourly earnings of
full-time women employees amounted to around
80 per cent of men's earnings and women's average
gross weekly earnings were around 72 per cent
of men's earnings. The Committee is particularly
concerned that women working in higher education
including academic staff consistently receive
lower pay than their male counterparts and do
not advance in their careers as rapidly or in
the same numbers as men.
308. The Committee recommends that the Government
use its new employment policies to address the
pay gap between women's and men's earnings.
It urges the Government to review the Equal
Pay Act, taking into account developments that
have refined the concepts of equal pay for equal
work and for work of comparable value. It urges
the Government to implement any recommendations
that might be contained in the report on higher
education pay with a view to eliminating discrimination.
It also recommends that the Government assess
the impact of cultural stereotypes and women's
reproductive responsibilities on the continuing
pay gap. In this regard, it invites the Government
to pursue its efforts towards providing men
more opportunities to take on roles traditionally
assumed by women, to continue to review and
rationalize maternal and parental leave and
benefits, and to share its findings and insights
with the Committee in its next report.
309. Noting the Government's efforts and will
to address the issue, the Committee is nonetheless
seriously concerned at the level of teenage
conception in the State party, which is the
highest rate among the countries of Western
Europe, and at the consequences of early motherhood,
such as lower educational achievement, higher
levels of poverty and greater reliance on social
welfare. The Committee is also concerned at
the high rates of sexually transmitted diseases,
especially among teenagers aged 16 to 19. The
Committee notes with concern that the Abortion
Act 1967 does not extend to Northern Ireland
where, with limited exceptions, abortion continues
to be illegal.
310. The Committee recommends that teenage conception
and pregnancy be addressed by a multiplicity
of measures, including a greater focus on male
responsibility and a review of the primary school
curriculum with a view to introducing age-appropriate
sex education. It also recommends the allocation
of resources for prevention and treatment programmes
for sexually transmitted diseases directed at
adolescents within a holistic approach to sexual
and reproductive health, including sexual violence.
The Committee also recommends that the Government
initiate a process of public consultation in
Northern Ireland on reform of the abortion law.
311. While noting the legislation and measures
in place to address violence against women,
the Committee is concerned at the absence of
a national strategy on the prevention and elimination
of violence against women. According to information
available to the Committee, women in Northern
Ireland are particularly affected by violence.
The Committee recommends that a unified and
multifaceted national strategy to eliminate
violence against women be implemented to include
legal, educational, financial and social components,
in particular support for victims.
312. The Committee is concerned at several aspects
of the criminal justice system in relation to
women. It notes the high number of women in
prison, particularly those from ethnic minorities.
Many women have been imprisoned for drug-related
offences or because of the criminalization of
minor infringements, which in some instances
seem indicative of women's poverty. It also
notes that in the United Kingdom, and particularly
in Northern Ireland, young female offenders
are held in adult prisons, there are inadequate
educational and rehabilitative programmes for
women prisoners and they are often held in prisons
situated far from their families. It also notes
that the defence of provocation is not widely
available to women victims of violence who are
charged with murder and that there is a low
level of convictions for rape and sexual violence.
313. The Committee recommends that the Government
intensify its efforts to understand the causes
for the apparent increase in women's criminality
and to seek alternative sentencing and custodial
strategies for minor infringements. It also
calls on the Government to improve the education
of judges with regard to domestic violence so
that these cases are given the same attention
and consideration as cases brought under other
provisions of the criminal law.
314. The Committee notes that demographic change
in the State party requires urgent action with
regard to the situation of older women, and
of related implications for women's health,
poverty and especially pension entitlements,
elder abuse, and accommodation.
315. The Committee recommends that the situation
of older women be addressed in a cross-cutting
and cross-sectoral manner, with a view to ensuring
adequate provision for their physical, mental,
economic and social well-being.
316. The Committee requests that the Government
include in its next report a comprehensive discussion
of measures, including legislation and policies,
taken to alleviate women's poverty and the results
of these measures both in terms of remedying
existing poverty and preventing women from falling
into poverty and breaking the inter-generational
cycle of poverty. The Government is also requested
to provide detailed information on progress
in devolution and its impact on women's enjoyment
of their rights covered under the Convention.
317. The Committee requests that the Government
responds in its next periodic report to the
specific issues raised in these concluding comments.
318. The Committee requests the wide dissemination
in the United Kingdom of Great Britain and Northern
Ireland, including its overseas territories,
of the present concluding comments, in order
to make the people of the United Kingdom, and
particularly 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 the Platform
for Action.
