April
2002
WOMEN’S ECONOMIC,
SOCIAL
AND CULTURAL
RIGHTS
in
CZECH REPUBLIC
The Report was prepared in cooperation with
Michaela Tominova of the Gender Studies Center,
Prague, Czech Republic
Independent information for
the twenty-eight session
of the Committee on Economic,
Social and Cultural Rights (CESCR)
HUBERT H. HUMPHREY INSTITUTE
OF PUBLIC AFFAIRS
UNIVERSITY OF MINNESOTA
CZECH REPUBLIC
Initial State Party report submitted on
30 August 2000 (E/1990/5/Add.47)
BASIC COUNTRY
DATA
Population, 2001 estimate: 10.2
million
Population growth, 2001 estimate: -0.7 %
Ethnicities, 1991:
81% Czech, 13.2%
Moravian, 3.1% Slovak, 0.6% Polish, 0.5% German, 0.4% Silesian,
0.3% Roma, 0.2% Hungarian, 0.5 % other.
Religion: 39.8% atheist, 39.2 % Catholic, 4.6% Protestant,
3% Orthodox, 13.4% other
GDP, 2000 estimate (purchasing power parity): US$49,510
million
GNP per capita, estimate:
US$ 4,920
Annual growth in GNP per capita, 2000 estimate: 2.5%
Major industries:
agricultural products (wheat, potatoes, sugar beets, fruit,
pigs, poultry), machinery and transport equipment, manufactured
goods, and chemicals
Fertility Rate, 2001 estimate: 1.18 children born/woman
Infant Mortality Rate, 2001 estimate: 5.55 per 1,000 live births per year
Maternal Mortality Rate:
15 deaths due to pregnancy or childbearing
per 100,00 live births
Life expectancy at birth, 2001 estimate: Total
– 74.73 years
Male – 71.23 years
Female – 78.43 years
Literacy, 1999 estimate:
99.9%
Sources: World Factbook
[1]
, World Bank Group
[2]
Critical Issues
Compliance with International Obligations (Covenant Articles
2 and 3)
∑ Dissemination
and public education regarding country’s human rights obligations
concerning women
∑ Strengthening
governmental mechanisms to promote equality between women
and men
Women in the Workplace (Covenant Articles 6, 7 and 8)
∑ Discrimination
in hiring and promotion; low women’s participation in decision-making
both in public and private sector
∑ Widening
salary disparity between men and women
Trafficking and
Prostitution (Covenant Article 12)
∑ Trafficking
and violence against women
Overview
The
Czech Republic gained independence in January 1993 following
Czechoslovakia’s “velvet divorce.”
Playwright Vaclav Havel, the first Czech president,
is currently serving his second 5-year term.
[3]
Social
Democrat Milos Zeman has been prime minister since the 1998
election. Although
the prime minister holds the real political power, Havel —nationally
and internationally respected former dissident in Czechoslovakia
and long-time human rights advocate— continues to be a strong
moral and ethical force in Czech politics. For instance, he repeatedly appealed to the
Czech society to fight “latent racism” against its Roma population.
Politicians
have wielded considerable influence on the media. Criticism
over control of Czech public television — of which management
had been politically appointed— led to street protests in
support of journalists supporting a leadership change at the
Czech Television. As
a result of public pressure, an amended Media Law was adopted
in an effort to depoliticize the station.
[4]
Czech
journalists continue to face harassment for critical reporting
about politicians and government policies.
[5]
For instance, Prime Minister Zeman recently
threatened a weekly with legal action and called it “the garbage
pail of Czech journalism” for writing about government corruption. Zeman also attempted to discredit a journalist
for the Prague weekly Reflex
by alleging he takes bribes for critical reporting.
[6]
Although
the Czech Republic is a candidate to join the EU in 2004 and
was pronounced compatible with the EU in the “social sphere,”
[7]
the country continues to be criticized
concerning its efforts to deal with the problems of inequality
between men and women, to curb trafficking of women and to
eliminate discrimination against the Roma minority. The Roma
minority numbers about 300,000 and suffer disproportionately
high levels of poverty, illiteracy, and unemployment.
[8]
The
Czech economy is considered one of the most stable of the
post-Communist states, but it has been recovering from recession
since mid-1999, and dealing with steadily increasing public
debt.
[9]
The
Czech Republic became a World Bank (WB) member immediately
after the split of the Czech and Slovak Federal Republic (which
had been a member since 1990).
In June 1991, the US$450 million Structural Adjustment
Loan was approved for the Czech and Slovak Federal Republic
of which US$300 million was given to the Czech Republic. Since
1998, the WB intensified its cooperation with the Czech Republic
and it has focused on providing services to support the accession
process to the EU. This effort has included capital and financial
market reform, enterprise restructuring and fiscal management.
[10]
The country faces serious environmental
issues, one of the legacies of environmental neglect during
the Communist period, including air and water pollution and
acid rain.
[11]
STATUS
OF WOMEN IN THE CZECH REPUBLIC
PER
ICESCR COVENANT:
COVENANT
ARTICLE 2 AND 3:
Non-Discrimination
and Obligation of States Parties to Adopt Legislative Measures,
and
Equal Rights of Men and Women
Government’s Efforts to Promote Equality
and Eliminate Discrimination Against Women
The principle
of the equal rights of men and women is enshrined in Articles
3 and 10 of the Czech Constitution.
Article 3 states that “Part of the constitutional order of the
Czech Republic is the Charter of Fundamental Rights and Freedoms,”
and Article 10 states that “Ratified and promulgated international
accords on human rights and fundamental freedoms to which
the Czech Republic has committed itself are immediately binding
and are superior in the Czech law.”
[12]
When the Czech Republic
became a member of the UN on 19 January 1993, it took over
all the obligations relating to human rights protection (including
CEDAW and ICESCR) from the former Czechoslovakia. The Czech
Republic submitted its initial report to CEDAW in 1994.
The CEDAW discussions on the report took place on 26-27
January 1998, and CEDAW issued its final its concluding comments
on 14 May 1998. The second periodic report contains a description
of the changes achieved since the development of the initial
report (1 January 1995 to 30 June 1999), and lists legal and
other measures documenting progress achieved in the elimination
of discrimination against women, changes in the status of
women, measures aimed at eliminating the remaining obstacles
to women’s integration into political, social, economic and
cultural life, and problems emphasized by CEDAW, which the
Czech Republic has not yet addressed.
[13]
The
Czech government only began to address the status of women
and issues concerning equality of women and men systematically
in late 1997 upon the initiative of members of the parliament,
who asked the prime minister to demonstrate what Czech Republic
had done to prepare its own National Action Plan under the
Beijing obligations. The government appointed the Minister
of Labor and Social Affairs (MLSA) to coordinate government
policy on the status of women and asked the minister to formulate
the elementary objectives of this policy. This initiative
resulted in the document entitled Priorities and Procedures for Enforcement of Equal Opportunities of Men
and Women 1998. By
approving this document, the government expressed its will
to contribute effectively to the elimination of existing de
facto and formal obstacles that prevent women from achieving
status comparable with men. The document Priorities is updated every year.
Nevertheless,
with the exception of the MLSA, tasks relating to equality
between men and women that are assigned to other ministries
typically carry no deadlines and are treated on a “continuing”
basis, which results in “minimal activity”
[14]
in these ministries. Until 1 January 2002 (see below), there were
no officially appointed employees who would deal with the
issues of equal opportunities.
In spring 2001, for the first time ever four one-day-seminars
were organized for top officers from ministries, during which
they received basic information on the issue of equal opportunities,
both in the context of the Czech Republic and the EU.
Mechanisms Created to Advance Women
The most significant progress
concerning the Czech legislation has been achieved due to
the EU accession process and virtually all of the changes
concern the situation in the labor market.
Currently, there are three bodies that may be viewed
as institutional mechanisms addressing discrimination against
women or promoting equal opportunities. However, no part of the Czech state budget is allocated to the implementation
of policies on equal opportunities for women and men, or to
the improvement of women’s status.
Due to lack of financial allocations and lack of personnel,
none of these bodies serve as an adequate national mechanism
for women’s advancement:
a) On 1 February 1998, the MLSA established
a Division for Equality between Men and Women within the
Ministry (as part of the Department for Integration into
the European Union) with three female employees. In order
to fulfil its assumed coordination role, the Ministry initiated
an interdepartmental Committee for Equal Opportunities for
Men and Women. Members of this committee, appointed by individual
ministers, are civil servants mainly from the personnel departments,
most of whom have no understanding of the role of the Committee
or of their own role. This Committee ended its activities
on 31 December 2001 (see under d) below).
b) The current
government committed itself to human rights protection and
promotion following the June 1998 elections.
In September 1998, a Commissioner of the Government
of the Czech Republic for Human Rights was appointed.
The Commissioner does not act as a protector of rights in
individual cases involving citizens or other persons (it is
not an ombud’s office).
In
December 1998, the Government set up the Council of the
Czech Republic for Human Rights (hereafter “the Council’) as an advisory and coordinating body of the Government
for the protection of human rights and fundamental freedoms
of persons within the jurisdiction of the Czech Republic.
The main task of the Council is to monitor the fulfillment
of the Czech Republic’s international commitments and the
implementation of obligations arising from international conventions
and treaties. Unfortunately, the office of the Commissioner
mostly deals with the Roma discrimination and much less with
discrimination against women, because the Roma problems are
considered to be more important.
Regarding
the international obligations assumed by the Czech Republic,
the Council has formed advisory bodies (expert sub-groups
to monitor the observance of ratified treaties in particular
areas of human rights and freedoms). According to the Council
statute, one of the eight sub-groups is dedicated to equal
opportunities for men and women. As of 31 July 1999, the equal
opportunity sub-group had 18 members, three of whom were men;
11 members were from NGOs and experts from the public and
seven members worked in federal government. The secretary,
who is a female employee of the department for human rights,
coordinates the activities of the group. However, she only
covers the agenda of women’s rights part-time. According to
new standards of governmental advisory bodies, the group’s
official name (since 1 January 2002) is the Committee Against
all Forms of Discrimination against Women in the Czech Republic.
c) After the 1998 elections, a Subcommittee
for Equal Opportunities for Men, Women and the Family
was set up under the Committee for Social Affairs and Health
Care at the initiative of a social democratic female member
of the Chamber of Deputies. In addition to the parliamentary deputy, representatives of women’s
NGOs are also members of the Subcommittee.
So far, the Subcommittee has not produced any gender-related
policies.
d) Under pressure from women´s NGOs, the
Governmental Council for Equal Opportunities for Men and
Women was established in October 2001 and began work in
January 2002 with the backing of the Czech Deputy Premier
and MLSA Minister Vladimir Spidla. In March 2002, Jana Volfova of the Social Democrat party (CSSD)
became the chairwoman of the Council replacing Spidla who
had led it since its inception.
Volfova vowed to prepare a program for women by mid-June
2002 when parliamentary elections are set to take place.
[15]
The
23-member Council is an advisory body, and its decisions can
be directly submitted to the government.
The ministries are obligated to take its recommendations
seriously and implement them.
The Council is not empowered to deal with individual
complaints. The first
meeting of this Council will take place on 24 April 2002. Most likely the Council will not be able to
do anything until the general elections in June. There is no guarantee that a new government, after June 2002, will
continue the Council’s existence.
e) According to a decision spelled out in
the Priorities,
since 1 January 2002 at each ministry one civil servant has
been officially appointed for at least a half-time job as
a coordinator of equal opportunities (gender mainstreaming)
for the particular ministry.
Even before December 2001, however, each ministry had
to submit its own gender mainstreaming/equal opportunities
policy plan.
Women in Elected
Bodies
The
Czech Parliament has two Chambers, each of which has several
committees. There are 13 committees in the Chamber of Deputies,
one of which is headed by a woman. Women do not head any of
the six political caucuses (or clubs). In the Senate, there
are 9 committees, two of which are headed by women and 4 political
clubs, one of which is headed by a woman.
[16]
The following parties hold seats both in
the Chamber of Deputies and in the Senate (in alphabetical
order):
CSSD – Czech Social Democratic Party.
DEU - Democratic Union (conservative
right-wing party, nowadays without any important political
influence; because of it, before the elections in 2002 a united
party US-DEU has been created).
KDU-CSL – Christian Democratic Union-Czech
People´s Party (existed before 1989).
KSCM – Communist Party of Czechia and Moravia
(existed before 1989).
ODA – Civic Democratic Alliance (conservative
right-wing party, nowadays without any important political
influence; because of lower number of the Senators they created
a club together with ODA: US-ODA).
ODS – Civic Democratic Party (conservative
right-wing party, 1992 - 1997 majority in the government).
US – Union of Freedom (conservative
right-wing party, founded in Winter 1997 by some members of
the ODS).
Membership Structure of the Main Political
Parties:
Party |
Year |
Total Members |
Number of Women |
% of Women |
|
CSSD |
1999 |
14
000 |
3
780 |
27.0 |
|
|
31.
12. 2000 |
16
300 |
4
189 |
25.7 |
|
KDU-CSL |
1999 |
60
464 |
31
597 |
52.3 |
|
|
1.
3. 2002 |
50
834 |
26
770 |
52.7 |
|
KSCM |
1999 |
136
516 |
51360 |
42.8 |
|
|
31.
12. 2001 |
112
973 |
49
143 |
43.5 |
|
ODS |
1998 |
19
730 |
6
900 |
35.0 |
|
|
1.
3. 2002 |
18
443 |
6
486 |
35.2 |
|
US |
1999 |
4
000 |
missing |
missing |
|
|
2001 |
3
152 |
do
not follow |
- |
The representation of men and women in the
Czech Parliament according to elections results:
| Year |
1981 |
1990 |
1992 |
1996 |
1998 |
|
|
|
|
|
Chamber of Dep. |
Senate |
Chamber of Dep. |
Senate |
| Women |
58 |
22 |
19 |
30 |
9 |
30 |
9 |
| Men |
142 |
178 |
181 |
170 |
72 |
170 |
72 |
| Women
(%) |
28.0 |
11.0 |
9.5 |
15.0 |
11.1 |
15.0 |
11.1 |
Source:
1999 Czech Government Report to CEDAW
Women in representative bodies of the Czech
Republic based on election results:
|
Election terms |
Body |
Total
elected |
Number of women |
% of Women |
| November
1994 |
Municipal,
town, district and local authorities |
62,160 |
11,100 |
17.9 |
| June
1996 |
Chamber
of Deputies of the Czech Parliament |
200 |
30 |
15.0 |
| November
1996 |
Senate
of the Czech Parliament |
81 |
9 |
11.1 |
| June
1998 |
Chamber
of Deputies of the Czech Parliament |
200 |
30 |
15 |
| November
1998 |
Senate
of the Czech Parliament |
27 |
3 |
11.1 |
| November
1998 |
Municipal,
town, district and local authorities |
62,412 |
12,785 |
20.5 |
| November
2000 |
Senate
of the Czech Parliament |
27 |
4 |
12.3 |
| November
2000 |
Regional
Parliaments (except the Capital Prague) |
676 |
94 |
13.9 |
Source: 1999 Czech Government Report to
CEDAW
1998 (latest) elections - candidates and
elected representatives:
|
|
Candidates |
Elected representatives |
% of elected Women |
|
|
|
Total |
Women |
%
Women |
Total |
Women |
%
Women |
Candidates |
| Chamber
of Deputies |
3,631 |
756 |
20.1 |
200 |
30 |
15.0 |
4.0 |
| Senate
(27 districts) |
137 |
12 |
8.8 |
27 |
3 |
11.1 |
25.0 |
| Town
councils |
163,649 |
40,774 |
24.9 |
59,986 |
12,257 |
20.4 |
30.1 |
| Local
and district boards |
15,945 |
5,477 |
34.3 |
2
426 |
528 |
21.8 |
9.6 |
Source: 1999 Czech Government
Report to CEDAW
The
only Czech political party that has officially tackled women’s
status within the party and in political life is the Czech
Social Democratic Party (CSSD), which has an internal women’s
organization of the Social Democratic Women (SDW). CSSD
is the only political party that applies a 25 percent quota
for all party bodies. Prior
to 1999, the women elected under the quota were chosen from
among the SDW members. The 1999 party Congress adopted a new party
statute: the quota on women was maintained, but any woman
can be nominated and elected regardless of her membership
in the SDW. Furthermore, it is up to the party committee (i.e. district, regional,
central) to nominate the women. This could be interpreted
as a loss of political power for the SDW, but it can also
be seen as openness toward other women within the party. Based
on the quota, one of the deputy chairpersons at all levels,
including the highest one, has to be a woman. Although the political parties decided to put
many more men than women on their lists for the 1998 local
elections, more than 50 percent of women were elected from
the lists of independent candidates.
The
quotas are not used by any other party, but the KSCM has the
highest number of women of all parties on their candidate
lists and the highest percentage of women within the party
clubs in the Chamber of Deputies. The party also has one deputy
chairwoman. The ODS, the leading conservative party, did have
one deputy chairwoman who at the same time was a chairwoman
of the Senate, but she lost her seat in the last elections
in 2000 and at the last party congress she also lost the seat
of the deputy chairwoman. The US is currently the only political
party in the country, which has a woman as a chairperson (since
Spring 2001). The KDU-CSL has one deputy chairwoman and a
chairwoman leading its youth organization Junior Club of Christian
Democrats (all other youth party clubs are chaired by men).
The
right to vote and to be elected are defined by the Constitution
as follows: Article
18:“(1) Elections to the Chamber of Deputies shall be held
on the basis of universal, equal, and direct suffrage by secret
ballot, according to the principles of proportional representation.
(2) Elections to the Senate shall be held on the basis of
universal, equal, and direct suffrage by secret ballot, on
the basis of the majority system. (3) Every citizen of the
Czech Republic, on reaching the age of 18, has the right to
vote.” Article 19:
”(1) Every citizen of the Czech Republic who is eligible to
vote and has reached the age of 21 may be elected to the Chamber
of Deputies. (2) Every citizen of the Czech Republic who is
eligible to vote and has reached the age of 40 may be elected
to the Senate. (3) The mandate of a Deputy or a Senator shall
be effective upon his or her election.”
Women in the Current Parliament
- 1998 – 2002
a)
Women in the Chamber of Deputies
The last elections to
the Chamber of Deputies of the Czech Parliament were held
in June 1998 (and the next will take place in June 2002).
The following parties won seats (in alphabetical order):
CSSD, KDU-CSL, KSCM, ODS, US. The chairperson of the Chamber
is male (ODS), one of his deputies is a woman (CSSD).
Elections to the Chamber of Deputies in 1998 – Candidates and Elected:
| |
Candidates |
Elected |
|
|
Total |
Women |
% of Women |
Total |
Women |
% of Women |
|
Lower
Chamber of the Parliament |
3
631 |
756 |
20,1 |
200 |
30 |
15,0 |
Source: 1999 Czech Government
Report to CEDAW
The
club of communists has the highest percentage of women (25
percent), and the club of US has the lowest female membership
(11.1 percent). None of the clubs are chaired by women; three parties have female
deputy chairpersons.
Women in the party clubs and their positions
in the Chamber of Deputies 1998-2002:
| Party
Club |
Female
Members |
Total
Members |
%
of Women |
Positions
within the club |
|
CSSD |
11 |
74 |
14.9 |
2
Vice-Chairwomen |
|
KDU-CSL |
3 |
20 |
15.0 |
0 |
|
KSCM |
6 |
24 |
25.0 |
1
Vice-Chairwoman |
|
ODS |
7 |
63 |
11.5 |
2
Vice-Chairwomen |
|
US |
2 |
17 |
11.1 |
0 |
|
Without
membership |
1 |
2 |
- |
- |
|
Total
|
30 |
200 |
15.0 |
|
Source: 1999 Czech Government
Report to CEDAW
The
number of women also remains low in the committees, especially
in the committees of Economy, Budgetary, Defence and Security.
The highest percentage of women is found in the committees
with a "typically female" agenda (Organizational,
Petitions, Social Policy and Healthcare).
An exception is the Committee for Legal and Constitutional
Affairs, which is chaired by a woman and is 26.3 percent women.
Women in the parliamentary committees and
their positions:
Committee
for |
Female Members |
Total Members |
% of Women |
Chairwoman |
Deputy Chairwoman |
|
Economy |
1 |
22 |
4.5 |
0 |
0 |
|
Mandate
and Immunity |
1 |
11 |
9.1 |
0 |
0 |
|
Organisational |
4 |
19 |
21.1 |
0 |
1 |
|
Petitions |
8 |
17 |
47.1 |
0 |
3
(2 from ODS, 1 from CSSD) |
|
Budgetary |
1 |
21 |
4.8 |
0 |
0 |
| Legal
and Constitutional Affairs |
5 |
19 |
26.3 |
1
(CSSD) |
1
(KDU-CSL) |
| Elections |
5 |
19 |
26.3 |
0 |
0 |
|
European
Integration |
1 |
17 |
5.9 |
0 |
1
(CSSD) |
|
Defence
and Security |
1 |
19 |
5.3 |
0 |
0 |
|
Social
Policy and Healthcare |
9 |
21 |
42.9 |
0 |
2
(ODS and CSSD) |
|
Public
Administration, Regional Development and Environment |
4 |
22 |
18.2 |
0 |
1
(ODS) |
|
Science,
Education, Culture, Youth and Sport |
3 |
22 |
13.6 |
0 |
0 |
|
Foreign
Affairs |
2 |
17 |
11.8 |
0 |
1
(CSSD) |
|
Agricultural |
4 |
19 |
21.1 |
0 |
0 |
Source: 1999 Czech Government
Report to CEDAW
b)
Women in the Senate
The most recent elections
to replace one-third of the Senate seats (in 27 districts) were held in the fall 2000. The following parties currently hold the senatorial
seats (in alphabetical order): CSSD, KDU-CSL, KSCM, ODA, ODS,
US.
Elections to the Senate in 1998 and 2000 – Candidates and Elected:
| |
Candidates |
Elected |
|
|
Total |
Women |
% of Women |
Total |
Women |
% of Women |
|
Senate
(27 districts) 1998 |
137 |
12 |
8.8 |
27 |
3 |
11.1 |
|
Senate
(27 districts) 2000 |
160 |
26 |
16.25 |
27 |
4 |
14.82 |
Source: 1999 Czech Government
Report to CEDAW
Because of a low number
of communist Senators (three), KSCM was unable to create a
party club. Because of a small number of Senators from ODA,
a joint US-ODA club was created. The highest number of women
is in the club US-ODA (18.8 percent), lowest in KDU-CSL (5.3
percent). Neither
club is chaired by a woman, and the ODS club has one deputy
chairwoman.
Women in the party Clubs and their positions
in the Senate in 2002:
| Club |
Female
Members |
Total
Members |
%
of Women |
Positions |
|
CSSD |
1 |
14 |
7.1 |
0 |
|
KDU-CSL |
1 |
19 |
5.3 |
0 |
|
ODS |
4 |
22 |
18.2 |
1
Deputy Chairwoman |
|
US
+ ODA |
3 |
16 |
18.8 |
0 |
|
Without
membership |
1 |
10 |
10 |
- |
|
Total |
10 |
81 |
12.3 |
|
Source: 1999 Czech Government
Report to CEDAW
As
far as the type of the committee, the distribution of the
percentage of women differs from the distribution of women
in the Chamber of Deputies, except for the Committee for Healthcare
and Social Policy and the Committee for Foreign Affairs, Defence
and Security.
Women in the Senate committees and their
positions in 2002:
Committee
for |
Female Members |
Total |
% of Women |
Chairwoman |
Deputy Chairwoman |
|
Mandatory
and Immunity |
3 |
12 |
25.0 |
0 |
1
(CSSD) |
|
Organisational |
0 |
8 |
0.0 |
0 |
0 |
|
Legal
and Constitutional Affairs |
1 |
11 |
9.1 |
1
(ODS) |
0 |
|
European
Integration |
2 |
8 |
25.0 |
0 |
1
(ODA) |
|
Economy,
Agriculture and Transport |
1 |
11 |
9.1 |
0 |
0 |
|
Regional
Development, Public Administration and Environment |
1 |
11 |
9.1 |
0 |
1
(US+ODA) |
|
Education,
Science, Culture, Human Rights and Petitions |
2 |
11 |
18.2 |
0 |
1
(ODS) |
|
Foreign
Affairs, Defence and Security |
0 |
11 |
0.0 |
0 |
0 |
|
Healthcare
and Social Policy |
3 |
11 |
27.3 |
1
(KDU-CSL) |
1
(ODS) |
Source: 1999 Czech Government
Report to CEDAW
Women in the 1998
Government
When,
following the last elections, the Czech Social Democratic
Party (CSDP) formed a new cabinet not a single member was
a woman. At the beginning
of 2000, the prime minister announced that he was going to
replace about five of the cabinet ministers. Again, there were no women among the nominated appointees. When
asked by a journalist why this was so, the prime minister
replied: “When I compared possible female and male candidates,
the males appeared in all cases as better experts.”
[17]
In response to this statement, MP Jana
Volfova, who chairs SDW, created a women’s shadow cabinet
to demonstrate to the prime minister and the public that there
are women in the Czech Republic who are national experts perfectly
capable of being cabinet ministers.
Between
1990 and 1998 there were only five women in the Czech and
Slovak Federal Republic and Czech Republic government and
only two women (Minister of Justice and Minister of Healthcare)
in the provisional government (from January to June 1998).
Women
in State Institutions
Concerning
the women’s representation within different governmental agencies,
statistics show few women in the departments. Even fewer women
are appointed to decision-making and leading positions. Women
hold the following posts:
∑ head of the main state health insurance agency (General Health
Insurance Company);
∑ manager of a privatized company exporting weapons and military
equipment;
∑ head of the State Penitentiary Service;
∑ head of the National Security Office for Nuclear Power;
∑ manager of the biggest partly State owned Gas company.
The 1998 Priorities contains an attachment listing numbers of women in all
positions in all ministries (see table below).
Men and Women in ministries (as of 31 December 2001):
| FUNCTION |
Minister |
Deputy |
Head
of Dep. |
Head
of Section |
Other
specialists |
|
MINISTRY |
M/F |
M |
F |
M |
F |
%F |
M |
F |
%F |
M |
F |
%F |
|
Transport |
M |
3 |
2 |
14 |
2 |
12.5 |
33 |
12 |
26.7 |
133 |
129 |
49.2 |
|
Finance |
M |
7 |
0 |
34 |
10 |
22.7 |
93 |
62 |
40.0 |
355 |
679 |
65.6 |
|
Culture |
M |
3 |
1 |
4 |
9 |
69.2 |
13 |
15 |
53.6 |
57 |
129 |
69.2 |
|
Local
Development |
M |
7 |
0 |
20 |
8 |
28.6 |
282 |
17 |
37.8 |
114 |
195 |
63.1 |
|
Defence:
Soldiers
Civil Employees |
M
|
1
3
|
0
0
|
63
6
|
0
1
|
total
1,4
|
98
17
|
1
5
|
total
4,9
|
409
159
|
28
240
|
total
32.0
|
|
Labor
and Soc Aff |
M |
6 |
1 |
10 |
10 |
50.0 |
29 |
26 |
47.3 |
142 |
339 |
70.4 |
|
Industry
and Trade |
M |
5 |
1 |
43 |
13 |
23.2 |
70 |
24 |
25.5 |
364 |
344 |
48.6 |
|
Justice |
M |
|
|
|
|
|
|
|
|
|
|
|
|
Education,
Youth and Sport |
M |
|
|
|
|
|
|
|
|
|
|
|
|
Interior |
M |
3 |
2 |
38 |
8 |
17.3 |
127 |
69 |
35.2 |
1143 |
757 |
39.8 |
|
Foreign
Affairs:
ministry
abroad |
M
|
8
|
2
|
23
|
5
|
17.9
|
45
|
15
|
25
|
218
736
|
371
290
|
63
283
|
|
Helathcare |
M |
|
|
|
|
|
|
|
|
|
|
|
|
Agriculture |
M |
7 |
0 |
81 |
12 |
14.9 |
50 |
24 |
48 |
345 |
451 |
76.5 |
|
Environment |
M |
5 |
2 |
19 |
35 |
64.8 |
34 |
17 |
33.3 |
175 |
250 |
58.8 |
|
Governmental
office:
minister
deputy prime min
prime minister |
M
M
M |
1 |
1 |
20 |
7 |
25.9 |
29 |
18 |
38.3 |
126 |
138 |
52.3 |
|
Total |
|
59 |
12 |
375 |
120 |
24.2 |
666 |
305 |
31.4 |
4476 |
4340 |
49.2 |
*three of the ministries did not provide
information
COVENANT
ARTICLE 6, 7 and 8:
Right
to Work; to Just and Favorable Conditions of Work;
and
to Form and Join Trade Unions
Discrimination
in hiring and employment, if proven, is punishable under the
provisions of Articles 8 and 9 of Act No. 9/1991 by a fine
of up to CZK (Czech Koruna) 250,000 (approximately US$6,050)
and, for repeat offenders, by a fine of up to CZK 1 million
(approximately US$24,000). Employment control bodies, such
as the Labor Exchanges and MLSA, are charged with monitoring
the situation and imposing sanctions.
[18]
A new Labor Code entered
into force on 1 January 2001 bringing a major change to the
field of equal opportunities, in particular with regards to
the fundamental principle of equal treatment for men and women
in access to employment, vocational training and promotions,
working conditions and the prohibition of any kind of discrimination
in employment on the grounds of sex. The fact that this principle
is included in the general part of the Labor Code provides
that it is applicable to the entire Czech labor legislation.
[19]
All
the obligatory legal changes concerning equality between men
and women were introduced in the context
of the EU accession process.
In the field of equal
opportunities, the amendment to the Czech Labor Code includes
the fundamental principle of equal treatment for men
and women regarding access to employment, vocational training
and promotion, and working conditions and the prohibition
of any kind of discrimination on the grounds of sex in employment
relations.
The Czech Republic has
not refined the scope of the term equal pay as it is
understood in Article 119 of the Treaty of Rome, which states
that "pay” means the ordinary basic or minimum wage or
salary and any other consideration, whether in cash or in
kind, which the worker receives directly or indirectly, in
connection with his or her employment, from the employer.
Directive 96/34/EC, concerning
parental leave, originates from EU legislation targets
reconciling working and family life and supporting equal opportunities
and equal rights for men and women. Its objective is to achieve
a sharing of parental duties by both parents and to improve
equal status and equal treatment for both sexes on the labor
market as well as at the workplace. By adoption of the equal
treatment amendment, the Czech Republic has achieved compliance
with the above-referenced Directive.
Access to Jobs
and Employment Opportunities for Women
In
1998, women represented 44.4 percent of the workforce in the
Czech Republic.
[20]
A number of legislative tools regulate the
times and conditions of women’s work. Such legal provisions
take two forms: a) legal tools that protect pregnant women
and women with babies up to 9 months of age, b) legal tools
protecting all women. The
following work is forbidden to all women:
∑ Types of jobs
and work stated in the Czech Labour Law (working underground,
mining professions etc., although there are some exceptions
i.e. for women in leading positions);
∑ Types of jobs
and work stated in the public notice of the Ministry of Health.
Types
of work are forbidden to pregnant women and mothers of children
up to 9 months of age:
∑ Types of work
that, according to the medical report, endanger the pregnancy
or the health of the mother up to 9 months after giving birth;
∑ Overtime (pregnant
women and women with children under one year of age);
∑ Types of jobs
and work stated in the public notice of the Ministry of Health.
Other
provisions protect the parents of small children: for example,
parents caring for small children cannot be forced to go on
long business trips. It is of concern that women may have to pay
a price in terms of career advancement if they refuse to travel
for work.
Women’s
Representation In The Civil Sector Of The Czech National Economy:
By CZ-NACE, 1998:
| Sector |
Total workforce |
Women |
|
TOTAL |
4,792,146 |
44.4% |
|
Agriculture,
hunting and forestry |
242,291 |
34.1% |
|
Fishing,
fish farms, service activities incidental to fishing
etc. |
2,419 |
17.2% |
|
INDUSTRY
TOTAL |
1,559,481 |
37.4% |
|
Mining
and quarrying |
71,275 |
16.7% |
|
Manufacturing |
1,409,959 |
39.1% |
|
Electricity,
gas and water supply |
78,247 |
26.0% |
|
Construction |
378,133 |
10.4% |
|
Wholesale
and retail trade, repair of motor vehicles, motorcycles
and personal and household goods |
766,533 |
51.7% |
|
Hotels
and restaurants |
152,906 |
55.0% |
|
Transport,
storage and communications |
328,021 |
35.0% |
|
Financial
Intermediation |
86,857 |
65.8% |
|
Real
estate, renting and business activities |
389,362 |
43.1% |
|
Public
administration and defence, compulsory Social Security |
178,270 |
58.8% |
|
Education |
302,654 |
75.7% |
|
Health
and social work |
258,790 |
77.7% |
|
Other
community, social and personal service activities |
148,429 |
45.1% |
Source: Czech Statistical
Yearbook, 1999
Certain
categories of women in the Czech Republic are especially disadvantaged
in the labour market. Those
are: women with small children, women close to the retirement
age (over 50 years), and women with primary education represent
the most vulnerable group. Women who have the best chances in the labor
market are women with a university degree; young women in
some professions; and women with a university degree, who
work in professions with higher levels of feminisation (doctors,
judges, teachers and social workers).
In
order to comply with the EU requirements, the MLSA, together
with the Ministry of Education, Youth and Physical Education,
are currently trying to ensure possibilities of state support
for retraining programs for certain groups of persons, particularly
women who were out of the labour market for a long period
of time, mainly due to child care.
Salary Gap
There
is an enormous difference between male and female wages in
the Czech Republic. The average female wage is 28 percent
(1999) lower than the average male wage (in full-time jobs)
even though, in general, Czech women have a similar or better
education and are better qualified than men. The wage gap varies depending on individual jobs; however, it is
very low in occupations where women predominate, such as among
the primary teachers. They
earn comparatively the most in sectors in which they are the
least represented.
[21]
The
gender gap in salaries has continued to widen since the beginning
of 1990s. It is the
worst in the category with the highest income of “legislators
and managers,” where women receive 63 percent of male income
(1996). In 1999 in
the category with the lowest income – “workers without qualification”
– it was 77 percent in 1996 and 76 percent in 1999.
[22]
Proportion
Of Women’s Average Wage Compared To Men (In %)
According To Education And
Age:
|
|
|
1998 |
Education |
Elementary |
74.6 |
|
|
Vocational
and Secondary without final exam |
71.6 |
|
|
Complete
secondary with final exam |
72.9 |
|
|
Higher |
64.9 |
Age |
Up
to 19 years |
84.6 |
|
|
20
– 24 years |
82.6 |
|
|
25
– 29 years |
73.4 |
|
|
30
– 34 years |
67.1 |
|
|
35
– 39 years |
68.4 |
|
|
40
– 44 years |
69.4 |
|
|
45
– 49 years |
70.6 |
|
|
50
– 54 years |
74.1 |
|
|
55
– 59 years |
77.4 |
|
|
60
years and over |
65.5 |
Source: Second Periodic Report
to CEDAW
Parental leave
and employment
Czech
parents’ eligibility for parental allowances is conditional: parents are not allowed to exceed a certain
number of hours of employment or study, a fact that limits
their ability to gain further qualifications. However, the
Czech Employment Act guarantees that previous employment shall
be kept for women/men who take care of their child up to the
age of three.
Unemployment
The
unemployment rate, and specifically the unemployment rate
for women, has risen significantly. The unemployment rate in the last trimester
of 1998 stood at 5.7 percent for men and 9.3 percent for women.
[23]
There are differences between rural and urban
areas, but the most significant differences exist between
the “developing” and “crisis” regions of the country. Women
in crisis regions have major difficulties finding paid work
and have poor access to childcare facilities, schools, transportation
etc. The time spent
by women at work has increased, as has the percentage of women
working overtime. Although
there is no specific data to prove it, it is believed that
women are likely to be fired more easily than men, especially
in regions with high unemployment.
[24]
On average, unemployed women in the Czech
Republic have a more difficult time finding work and when
they do find work they are paid less than their male counterparts. According to a Czech daily Pravo,
on average it takes an unemployed man three to five months
to find a job, while it takes a woman more than a year to
find work. Unemployment remained at a low level until 1996, when it started
to grow under the effect of economic recession. Currently unemployment is higher for women than for men: it stands
at about 10.5 percent, for men it stands at 7.4 percent.
[25]
For
women, few training opportunities exist, and such opportunities
are mainly available in the larger towns or cities. Local
labour offices are responsible for training opportunities,
which are provided free of charge only to registered unemployed
citizens.
COVENANT
ARTICLE 9 AND 10:
Right
to Social Security, and the Protection of the Family and of
Mothers and Children
Female-Headed Households
Following
the split of Czechoslovakia, governmental support for families
diminished. Benefits paid to families with children have
devaluated with time. For example, family benefits paid in
the Czech Republic constituted 0.8 percent of country’s GDP
in 1997, which is one-half of the total benefits paid before
the transition.
[26]
Female-headed households particularly tend
to be overrepresented in the low-income group.
Retirement Benefits
As of 1999, the basic (flat rate) amount
of retirement benefit stood at CZK 1,319 plus a percentage
calculated on the basis of earnings.
[27]
Women’s
social security and well-being following retirement is of
concern given significantly lower salaries achieved by women
during employment years (see above under Covenant Articles
6-8), their lower retirement age, and higher life expectancy.
As of January 2007 retirement age will increase to
62 years for men and 57-61 years for women (depending on the
number of children raised).
Between 1996-2006 the retirement age is being increased
gradually by two months per year for men and by four months
per year for women.
[28]
COVENANT
ARTICLES 11 and 12:
Right to an Adequate Standard of Living and to Physical
and Mental Health
Violence
Against Women
It is believed that about 10 percent of
Czech women are victims of repeated domestic violence. The term “domestic violence,” however, is not
defined in the law.
[29]
Trafficking
and Prostitution
Trafficking remains a very serious problem
in the Czech Republic despite legal prohibitions and efforts
by the Czech police. Penalties
for trafficking are similar to penalties for rape and sexual
assault. Convictions continue to be rare although the number of legal actions
are increasing: in 2001, 25 persons were prosecuted for crimes
related to trafficking, compared to 13 persons in 2000. In some cases, those convicted received additional sentences for
charges under other sections of the Criminal Code.
[30]
Organizing prostitution and pimping are
punishable by a prison term of up to eight years, with a term
of up to 12 years if the victim is under the age of 15.
Adults can be prosecuted for engaging in sexual activity
with a minor under the age of 15.
The Czechs cooperate closely with other Central and
Eastern European countries, EU members and the US during investigation
and prosecution of trafficking cases. The Czech Police Organized
Crime Division includes a Unit on Trafficking in Persons,
which was established in 1995, which works in cooperation
with other nations to enforce the laws.
The police to a certain extent cooperate
with the International Organization for Migration (IOM) and
