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Monitoring alternative report from Uruguay to the CEDAW

ABSTRACT

This document was elaborated by Cladem Uruguay Center in order to illustrate the situation about discrimination against women in Uruguay.

Considering public regulations, legislations and policies on elimination of discrimination against women and the reality about the State degree of fulfillment of the Convention on the Elimination of all Forms of Discrimination against Women ( Cedaw) and the adoption of the measures required for the elimination of such discrimination in all its forms and manifestations.

Contents :

1. Introduction

2. Degree of fulfillment of Cedaw in Uruguay

3. Particular reference to Domestic Violence and Women and Women in the Labor Market

4. Recommendations

5. Appendixes including : legislation, national tribunal sentences, newspapers, statistical information

The present report was written by Cladem Uruguay Center, in a very brief period as the expiring date was acquainted last week. It was written by Graciela Dufau, Nea Filgueira, Ana Lima and Flor de María Meza.

In 1981 the Uruguayan State ratified Cedaw through decree no 15.164 and a "Optional Facultative Protocol", on May 9^th 2001. This confirms the traditional attitude of Uruguayan State to ratify international and regional treats as far as human rights are concerned. However, since the recovering of democracy in 1985, the consecutive governments showed scarce political will order to establish public policies and make legislative changes aimed at avoiding discriminatory stereotypes against women.

According to Uruguayan Constitution international treats shall be considered as laws. Of those related to Human Rights, some jurists believe that their decisions should be regarded as constitutional (Article no 72) and human rights are self executing ( Article no 332 , Magna Chart).

For that reason, it is considered indispensable that the Uruguayan State commit to Cedaw, not ending with mere formal aspects and States Parties shall take practical measures and integral public policies to eliminate discrimination against women.

This report approaches essential issues and points out the improvement and non compliance of the principles. Two aspects have been studied exhaustively: Domestic Violence and Employment , as they are in fact relevant to Uruguayan women.

It illustrates how the Uruguayan State has taken measures in certain areas -though partial and fragmentary- in most cases due to powerful women initiatives.

In order to understand how to face issues about discrimination and promote changes, is important to take into account the effect on authorities and citizenship believes of early consideration of civil rights, granting equal rights particularly to women. This formal breakthrough became a myth still in force, while extensive discrimination continues to exist.

Something similar happens with reference to the traditional expression of human rights . The in force laws is considered sufficient to protect men and women as well, and any other thing shall be needed.

However, the early cultural development, had not until today made education public authorities question stereotype concepts of male and female spread by them and check the programs and teaching practices.

The report concludes with recommendations that shall be considered major priority to the Uruguayan State.

Appendixes provide statements and data about political and socio-economical national context in general terms.

This report shall be regarded as a complement and extension of the Shadow report elaborated by the "National Commission of Beijing Platform or Actions Pursuit.

1.1 In Uruguay , the lack of state policies aimed at eliminating discrimination against women make it difficult to accomplish the obligations that come from the Cedaw in general terms, although it is ratified in Law Decree no 15.164, November 30^th 1981.

Recommendation: The programmatic nature of the Convention, and the absence of sanctions of non-compliance in it, demands a State policy to make way to the process of incorporation of their principles in a broad sense, in the law and in political, social, economical and cultural life.

1.2 This deficiency, to some extent justifies that the expression "discrimination against women" is not familiar among legislators, operators, communication experts, university teachers ; and has not been used to bring significance to the norms, policies and actions of the Uruguayan State - except for a few, even those directed to women.

1.3 In accordance to the article no 8 of the National Constitution, the equality principle in its most generic form that establishes that: "All people are equal before the law, without distinction between them but those of talents and virtues" While the Constitution of 1830 stated that " Men are equal before the law etc.", text that remained in 1918 and 1934 Constitutions. The current text was incorporated to the 1952 National Constitution. Since then, the National Constitution has been reformed several times, in 1998 for the last time. But none of them explicitly guaranties the issue for women ( Cedaw article no 2 inc. a) as recommended by the current juridical- linguistic techniques. Although it was plausible, the commitment about women was not entirely fulfilled .

Recommendation: To avoid any form of discrimination against women ( paragraphs 1.2 and 1.3), the Cedaw principles should be incorporated into laws to address each of the rights, sanctioning their violations ( Cedaw art. 2 inc. b).

1.4 The partial fulfillment of the article no 2 inc b, is constituted by the law no 16.045 of June 2^nd.1989 about "Equal Treatment and Opportunities for both sexes as regards to Labor Activities" that establishes: " Every discrimination that shall alter the principle of equality of treatment and opportunities for both sexes is forbidden. (See appendix 1).

1.5 In public sphere, the highest authorities of State organs and other institutions have not taken all appropriate measures to avoid any act of discrimination. (Cedaw , art2, inc.d ) The exceptions are:

(i) The law mentioned in paragraph 1.4 whose application embrace both the public and private sphere.

(ii) A norm established by the legislative of the Departmental government of Montevideo ( Decree no 28.942, year 2000) that typifies and confirm punishment for sexual harassment among municipal employees , followed by the correspondent decree

(iii) In 1997 the Head of State by Decree no 346 established that:" women scholarship were included by the Technical and Professional Education Council in the maternal holidays regime for civil servants that concedes two days off for parenthood to the male". This case may well illustrate recently developed public policies about issues that concern Cedaw, which generally are promptly and fragmentary. Other situations exist in other dependencies- alike the ones protected by the decree - and nevertheless, it only considers the particular case of the woman fellows of the mentioned council.

Recommendation : The need of a state policy about it is once again reiterated

Recommendation: As far as the State continues to be the greatest employer and its enterprises and organisms admit the biggest amounts of people the enforcement of the article c) of Cedaw becomes decisive to promote changes in socio-cultural patterns and customary that damage women ( Cedaw art. 5 inc. a). Moreover, only political will is decisive to achieve those changes since no other limitations to correct the present situation are detected.

1.6 The State has not yet taken the correct measures to eradicate discrimination at non state fields ( Cedaw, article no 2, inc e) except for those regarding working relations and Domestic Violence, issues that will be detailed later in this report. The lack of receptivity about female demands is remarkable as regards to the incorporation of women in:

(i) Voting lists for representative politic positions

(ii) State parties and trade union organs. (Only two left wing sectors had considered the petition)

The State and its institutions had not yet taken part in campaigns for Civil society organizations, Communication fields , Farmer Unions, Enterprises directories, professional colleges, etc.

Noting that the above mentioned or other initiatives will probably emerge from society rather than from the State.

The most important exceptions are:

The law mentioned in paragraph 1.4, which should apply in any labor field.

The initiatives of the Departmental Government of Montevideo. In 1994 it created a Women Commission integrated to the Social Politics Area. This commission has developed, in coordination with civil society organizations, programs designed to promote equality of opportunities and treatment, and non discrimination against women .Paying special attention to the most vulnerable sector of the population conducting campaigns and workshops about women rights, as well as training courses for municipal civil servants. Other programs about informed maternity , delivery and post-natal period, genital and breast cancer prevention ( of greatest incidence in Uruguay), are coordinated with health and Victims Of Domestic Violence services. A Plan of equality for Women is being elaborated by the mentioned commission and will be considered by de Municipal Legislative by the beginning of this year.

Recommendation: In order to overcome the lack of leadership of the Uruguayan State Political commitment to achieve significant facts and promote changes that prevent discrimination against Women is required. Such as a National Equality Plan and the modification of the current national mechanism, turning it into an intersectorial organism with direct access to the highest government spheres.

1.7 The Uruguayan State has not taken specific measures to derogate laws, rules, uses and practices that imply discrimination against women ( Cedaw article no 2 inc.f) except for the cases mentioned in this report. So, there are some national rules related to Cedaw issues that are flagrant violation to its principles. Some cases of discrimination or not enforcement of the laws taken of the Penal Code are illustrative:

(i) The article no 116 establishes that: " The marriage between the offender and the offended extinguishes the felony or punishment, as regards to rape, sexual abuse, estupro and rapt.

(ii) The article no 272 in the writing of the article no 9 of the law no16.707 of July 12^th,1995, maintains the previous text, but modifies the first part and maximizes the punishment. This change eradicates the absolute presumption about rape in the case of carnal intercourse, or sexual relation with persons under 15 years old , assuming as juridical validity the consent of the young.

(iii) With regards to juridical validity given to the consent of the minors, there are some differences that are important to analyze and therefore understand the reasons to whom the regulation may be beneficial, as long as those that show discrimination against women and stereotypes about gender are still in force:

 Over 12 years old women and over 14 years old men can marry, but still, their will should be complemented by their parents or legal representatives ( arts. no 91 and 105 and ss of the Civil Code). The mentioned doctrine indicate that they can not do it by themselves because they are not prepared to measure de dimension of the act and give a mature enough consent.

 If an under 18 minor ( male or female), single and not emancipated, would like to rent or buy a car all by himself he is not entitled to, as he is not believed to have mature consent to understand his actions or the obligations contracted.

 If an under 18 girl becomes a single mother, the child can not be registered as hers according to the article no 26, Law Decree no 1.430, November 11^th. 1879, with subsequent modifications. Arguing that an under 18 minor can not have the parental authority of another minor.

 Women under 18 years old as well as men, by means of legal marriage, acquire juridical status. Meaning that they now are competent to exercise authority and give valid consent, proving that age is not really an impediment.

Recommendation: Emphasizing that Law School Institutes and the commissions of Professional Colleges shall start this revisions by mandate of law(s) or taking specific measures in their fields of action, in order to correct contradictions and incongruities of the laws, provided the participation of the experts designated by the women organizations.

1.8 Since the return to democracy in 1985, the consecutive national governments showed little receptivity to claims of women groups. Discrimination practices against women and inequality among genders still persist in political, social, economic and cultural life, and impede the embodiment the principle. (Cedaw article no3)

As proof of impediment to concentrate on this problem we note that:

(i) The lack of an equality state plan, despite Uruguay has signed the platform for action of Beijing

(ii) The refusal to implant positive measures – specially about political participation of women

(iii) Minimum status given to the National Institute for the Family and Women, and lean budgets under a de facto administration, as the position does not exist in the Department of Education and Culture

(iv) Short term programs and segment actions of other state organisms supported by external resources , so uncoordinated that, when discontinued, let the expectations unfulfilled. ( See appendix no 2) As an example of it:

The citizen security program of the Department of Internal Affairs financed by IDB includes a component for the attention of domestic violence victims (women and children). That triggered the signature of agreements with 7 ONG´s and state dependencies that expanded their covering since 1998. The IDB financial help ends this year, so those organizations will not keep the mentioned programs as they have not been foreseen by the state due to budget restrictions.

The programs of the Commission of women of the Municipal Government of Montevideo are exceptional, as they are permanent , and have human and budget resources of their own .

Recommendation: The recommendation formulated at paragraph 7 is once again suggested. State shall agree to pursue by all appropriate means, and without delay an equality plan that modifies status and structure of the national mechanism.

1.9 The Uruguayan State has not taken appropriate measures to change the socio-cultural patterns based on stereotypes or ideas of inferiority or superiority of any gender. Cedaw, article no 5.( See paragraph 1.5) Short term programs carried out by specialized organisms had existed ( See appendix 3.) but no mid and long term actions had been taken. As an evidence of it:

- No periodic campaigns had been conducted to the public opinion in general or to any sectors in particular.

- No principles on education proposed by Cedaw had been embodied

( See paragraph 1.13)

- The perspective of gender has not been incorporated to professional training, mainly in the case of juridical and health operators and teachers among others.

However, the Labor and Social Security Department has taken some internal measures to train their work inspector to detect the violations of OIT agreement, as well as other international norms and national laws, including Cedaw, and prevent any kind of discrimination against women.

Recommendation: Periodic campaigns about discrimination based on gender, involving private communication enterprises and civil society organizations shall be conducted . Gender issues, international norms about it and materials to eliminate gender stereotypes and socio-cultural patterns that devaluate women as well as resolutions and actions of the UN system related to women condition shall be incorporated to training programs and civil service office courses, and properly diffused through state press organs.

1.10 Besides, nor the government neither specialized state organisms had been sensitive to recognition of equal responsibility among men and women towards education and children development. Cedaw article no 5. Conventionally, public maternal-child programs did not promote father participation. Something similar happens with the traditional way of involving mothers in the pursuit and education of their children . A small amount of progress with regards to health issues has been evidenced. Nevertheless, the following case shows that the application of the current norm shall be reconsidered:

(i) On august 23^rd. 2001 through law no17.386 as initiative of a female and physician senator the so called "attendance during labor" law was sanctioned. It allows the future mother to be accompanied either by someone close to her o by any expert who can emotionally support her.

(ii) Rising figures of divorce ( See statistics appendix), periodic male migration looking for jobs , and lost of appropriate life standards challenges women to attend their family alone. Nevertheless juridical operators still have difficulties in assuming the equal responsibility for both men and women when alimonies are requested. Family courts had rarely used the powers on this issue, in spite of the new "procesal law" of 1989.

Recommendation: Recommendations made in paragraph 1.6 are once again reiterated. Jurists shall review interpretation and practices of laws about alimonies.

1.11 Obligations assumed by the State about traffic of woman and the exploitation of prostitution

( Cedaw, Art. 6 ) is particularly considered in this report.

1.12 In Uruguay prostitution is ruled by law no 8080 and its decree of 1928, public health authorities, local authorities and police department shall apply. It is ruled so that public health, public order, and public moral. are protected. Prostitution is not regarded as a c rime in Uruguay, but so is Proxenetism, typified in the same law and subsequent modifications: Law no 16.707 of July 30^th. 1995 that added the figure of the recruiting person, extending the punishment of " Association to commit a crime" for proxenetism or recruiting. In both cases a profitable consequence is required, excluding the gigolo.

Along the last decade a union of prostitute women was created. ( Uruguayan Prostitutes association) and has currently achieved three important recognitions:

(i) The administrative prohibition of achieving the " Well behaviour certificate" ( meaning not having criminal records), requirement to have passport, was eliminated.

(ii) They were recognized by the Social Security Bank as workers, so that they are eligible for social benefits, including retirement. As a consequence of this they joined as a Union member of the Central Trade Uruguay.

With reference to " women traffic", is also important to mention that a present case illustrates new risks for certain women: A journalistic research was carried out by a woman and a Uruguayan transnational criminal organization was discovered.

It recruited women to exercise prostitution in Milan. The activities held in Montevideo were considered crime of Proxenetism and Association to commit a Crime". As evidence came to the light, several people were taken to penal court in both countries. However a phone communication that involved various subjects was validated by the Supreme Court of Justice in 1996, the cause against one of the principal accused on second instance court was closed. ( See appendix 4)

Due to this case the State admits – though partially- that Uruguayan women were treated as slaves in Italy. They were illegally taken off the country with false passports, in collaboration with travel agents and policemen. This reason appears to be the basis for the crime of " recruit to exercise prostitution in Uruguay and abroad ¨

1.13 Civil equality achieved by women in 1946 protect them from issues considered in art.9

( Cedaw) ( Citizenship)

1.14 With reference to Education (Art. 10,Cedaw), laws about it in Uruguay guaranteed equal access to man and women to any level of formal education.

The principle of co-education was established at the beginning of the twentieth century. However, this early incentives had not until today made education authorities question stereotype concepts of male and female or verify programs and teaching practices.

As evidences:

(i) The educational reform on primary school that started in 1996 nor changed the books, programs neither test the teaching methods. (Cedaw article no 10 inc.c ) It did not protect the young women that abandon studies. ( Cedaw article no 10 inc.f). and does not include sexual and reproductive education or appropriate education on family planning.

(ii) With reference to this last aspect, in 1989 a program on sexual education that trained college teachers at the beginning was started and recently suspended by the new authorities of the autonomous council of education, as one of the councillers objected before it was put into force. ( Cedaw article 10 inc. h)

(iii) In 2000 the initiative of the Aids National Program, supported by UN Aids and WHO, to Opposition between basic education, pre-university authorities and people has been showed in recent opinion polls and citizenship may consider that authorities have patriarchal ideas.

During this last period some positive signs about changing the educational situation had come into view:

(i) The chamber of Representatives, expended a communiqué that points out the following: " Is aspiration of this chamber that the state education organisms, in its different levels, take into consideration the possibility of including in their schedule sexual education , in all terms, contributing to create a more integral personality.

(ii) In 2001 the principal of the National University has created the so called " "RED TEMATICA DE GENERO", presided by a feminist researcher, and integrated by university teachers with sectorial commissions in every faculty and school. Yet, it was recently recognized by the authorities of the university Nevertheless no studies of degree or master paid particular attention to perspectives of gender developed by different disciplines facing problems that are recently becoming academic ( i.e domestic violence)

Recommendation: In order to update the incorporation of anti discrimination values in social relations via education measures that stand for the citizenship are required.

 

II WOMEN AND DOMESTIC VIOLENCE ( DV)

2.1. By the Law no 16.707, article 18, so called "Citizen Security Law", November 12^th. 1995, the 321 article was incorporated to the Uruguayan Penal Code: "Domestic Violence offense" that establishes that: "One that by means of violence long lasting threats, cause one or several personal injuries, to the person who has or have had a relationship or kinship, independent from any existent legal tie will be punished with six to twenty four months of penitentiary".

The punishment will increase from one third to one half when the victim is female and the circumstances and conditions remain the same.

The same aggravating circumstance will apply if the victim was minor , under 16 years old or someone that due to his age or other circumstances is physically disable or psychological diminished and is related to the agent or lives with him". ^[1]

2.2. The writing of the article confirms "the women erasing "(Cedaw art. 1 y 2 inc. c , d) even though every statistics research confirm them as D.V. victims.

The definition of crime shows that the enjoyment of the rights for men and women is not equal. It is also important to mention that women are considered with children and disabled alike.

2.3. Since its creation the enforcement of this law has been limited, basically for two reasons:

( i) The interpretations of the norm made by most of the operators, demands in fact that injures are physical, clinically visible, so that it deserves penal answer (CEDAW inc. d ) underestimating emotional injuries (see article no 316 ).

(ii) The demand of the so called "time prolongation" norm (repetition of violent acts) causes controversy, as many operators do not admit the existence of violent conduct patterns and the effect they produce on victims. Cedaw article no 5 inc. a.

2.4 The lack of sensitivity, knowledge and training of DV operators is a determining fact when solving the problem. Most of them still consider DV a private issue, making women less likely to defend (Cedaw art. 1 y 5 inc. a)

2.5 The penal process route itself offers serious difficulty , women abandon the trials for either ignorance , poverty or lost of incomes previously provided by the aggressor. On the other hand the penal punishment has no answer to several problems such as:

(i)         The situation of under 15 years old children

(ii)        The aggressor exclusion from home (unless condemned, in such case there shall be a period when he can not come close to the victim)

(iii)        Feeding assistance and housing

(iv)       Victim and aggressor assistance

2. 6 In conclusion, the penal answer of the State to this serious problem is not enough. (Cedaw article no 2 inc. c). The state ignores the obligation to adopt norms and take appropriate measures to prevent punishment and eradicate DV.

Recommendation: Integral and equally accessible service is required to fulfill the different needs related to D.V. including those of temporary shelter for the victims and children

2.7 Most operators do not understand that prevention and DV resolution - unless it is a crime- shall be considered at Family Courts, and interfere with the creation of norms about it. CEDAW article no 3. Recalling that, the judicial practice that forces the aggressor to stay far from the common house is not a law , it is a jurisprudential creation generally used, but definitely depending on the judge.

2.8 On October 18^th , 2001, all members of Deputies Chamber sanctioned a Law Project about DV. With it, Uruguayan women organizations made a dream come true, after fighting for 15 years.

( See appendix 5).

Although nowadays, approbation at the Senates Chamber, where it is being studied by the Constitution, legislation and Codes Commission has became difficult.

Members of the Magistrate Association, Public Department Association and National Prosecutor office opposed to it. Judicial Power and public Prosecutor as well, based mainly on the fact that the project increases their ordinary work.

Recommendation: It is indispensable that the Uruguayan state shall agree to pursue a law such as the one under study . Firstly, to provide judges with appropriate instruments to grant human rights of women and family. Secondly, to enforce the obligations assigned as several international treaty and recommendations (Cedaw, Belem do Para convention, action plan for women ratified in Beijing) . And thirdly, to level Uruguay with the other twenty nine countries of l.atin America and the Caribbean that already have laws about it.

2.9 With reference to the report on DV, some indicators are recently being elaborated. Several state and private sources had started to process the - partial- data, with no shared criteria or system (See appendix 6 ).

The register and use of information about DV by police and judicial members is inadequate and insufficient. Besides, not having governmental instances specialized in DV make it very difficult to obtain accurate information (number of victims, real situation and others).

The absence of data worsens the situation at family courts, where DV situations are not recorded . These are not assumed because no norm stands for the judicial action.

2.10 Information obtained from a police report was divulged by local press. DV casualties were registered for 18 months. The report draw to the following conclusion: in Uruguay a woman dies every 9 days due to DV, significant figure for a country of 3.300.000 inhabitants.

2.11These last two years shall be particularly taken into consideration as data shows that, more than before, this kind of homicides commit suicide after committing the crime. And kill or injure close family of the victim, including sons and daughters.

These suicidal – homicides are increasing lately, 16 cases occurred this year and 10 achieved their goal. And also, although less, there have been more cases of mistreated woman who killed their aggressor.

Recommendation: Emphasizing that a National System of DV indicators that collects, processes and publishes periodic information is needed. Other University Institutions and Schools shall conduct research programs as well. A mechanism of precocious detection by means of treatment and continence shall be created as soon as possible, so as to avoid worse consequences.

3.1. The National Constitutions (N.C) grants freedom of work, profession and employment (article no 36), except for general interest before the law (Cedaw, article no 11.1 inc.a). Women are not mentioned in particular. (See appendix 7)

3.2. The enjoyment of the rights proposed by Cedaw article 11.1 are considered in the Law No 16.045 (Appendix 1) and other national laws related to employment. As well as in the International Conventions of Work, signed by the country ( CIT 100, 110 and 156).

3.3. With regards to encouraging the provision of the necessary supporting social services to enable parents to combine family obligations with work responsibilities and participation in public life, through promoting network child care (Cedaw art. 11. 2 inc. c) the State has not taken adequate measures to achieved support for this responsibility, which became a serious obstacle for female participation.

3.4. The problem to eliminate discrimination against women exists for three main reasons (with any mention to the structural problem):

Legal language used in the labor law does not prevent from all discrimination against women

Most of the legislators do not observe different needs between women and men, as job requisites prejudice women

The way the operators and employers have to enforce the labor laws, including the State

As an example of this: The new Social Security law in force since September 3^rd. of 1995, Law no 16.713, established the same conditions for women and men about retirement age (35 years of work for both). This last item damage women. because in Uruguay too, women either interrupt their activities during the first family period or are late integrated to the labor market for the same reason. The most critical measure in this law is the way to calculate the monthly amount for retired persons; it take into account the life expectancy of women and men, which means that a woman that has the same quantity of workers years than a man and contributed with the same amount than him during her active life, will received a minor monthly payment than him when retired.

Another example of this is the interpretation of the principle of not discrimination according to different operators of the legal system: Recently some State organizations, in order to reduce bureaucracy have given retirement incentives for male and female that already inherited retirement rights. (55 years old women and 60 years old men). This incentive changed according to age and working conditions. As a result of it, and although similar conditions were provided , women received one incentive less that men (See Appendix no 8 ) The same fact is valued in different ways when the age is taken as an element for calculation.

Only one public organism accepted complains from its female employers. As other public organisms did not recognize discrimination, several women went on trial and most courts denied claims based on the principle of not discrimination embodied in Cedaw.

Only in one case the Labor court recognized violations of the principle of not discrimination and decided to indemnify. The decision was appealed and this sentence was changed by the court of second instance; one of his members disagreed with the procedure (see Appendix 9). At present the case is held by the Supreme Court of Justice (the last instance), who will finally make the most important decision, resolving the extension of the principle of no discrimination in our country .

3.5 In Uruguay, the situation of discrimination suffered by female workers is related to "social arrangements" based on a traditional sexual division of work, supported by the dominant social and cultural patterns For more than twenty years the country confronted limitations for a sustainable economic growth: the weight of the adjustment policies which fell on the salary sectors , changes in public social policy, loss of homes quality of life; all of which explain the increment of the overload double burden of many women. (Uruguay has one of the higher rate of female participation in economic activities: amongst the 20 years old and the 50 years old the women rate overcame the 70%) However, the new situations did not provoke changes in that "arrangements" in order to guarantee a more equal and fair distribution of family loads.

Graphics and tables included in the statistical appendix are illustrative of the next inequalities and discriminations::

The percentage of women in the so called " restricted job" (under employed, domestic service , precarious workers ) reaches 37.2 % while men hardly reaches 21.4.%.

In the period 1998 - 1999 the rate of women unemployed was 16.5% , and the men rate was only 9.8.%.

In 1999, in bests of the cases ( communications and transport branch) average salary of women was the 75% of the by men. Moreover, in the worst situations it is minor than 50% (industries branch), and was 50% in trade and financial branch where women participation is indeed high.

State has not defined policies in order cover family charges, specially with dependent sons. This, consequently prevents women from accessing to remunerated activities and forces them to longer working day.

RECOMENDATION: State shall take all appropriate labor policies and measures to eliminate discrimination against women:

Training on the issues public administration executives, judges, labor lawyers, and others.

Approval of the Equality Plan for civil servants

Increase controls on private activities especially where the principle of no discrimination is not embodied

Strict enforcement of the labor laws about women , through competent public organisms, state offices or national tribunals that take part.

RECOMMENDATIONS

Recommendation: The programmatic nature of the Convention, and the absence of sanctions of non-compliance in it, demands a State policy to make way to the process of incorporation of their principles in a broad sense, in the law and in political, social, economical and cultural life.

Recommendation: To avoid any form of discrimination against women ( paragraphs 1.2 and 1.3), the Cedaw principles should be incorporated into laws to address each of the rights, sanctioning their violations ( Cedaw art. 2 inc. b).

Recommendation :The need of a state policy about it is once again reiterated

Recommendation: As far as the State continues to be the greatest employer and its enterprises and organisms admit the biggest amounts of people the enforcement of the article c) of Cedaw becomes decisive to promote changes in socio-cultural patterns and customary that damage women ( Cedaw art. 5 inc. a). Moreover, only political will is decisive to achieve those changes since no other limitations to correct the present situation are detected.

Recommendation: In order to overcome the lack of leadership of the Uruguayan State Political commitment to achieve significant facts and promote changes that prevent discrimination against Women is required. Such as a National Equality Plan and the modification of the current national mechanism, turning it into an intersectorial organism with direct access to the highest government spheres.

Recommendation: Emphasizing that Law School Institutes and the commissions of Professional Colleges shall start this revisions by mandate of law(s) or taking specific measures in their fields of action, in order to correct contradictions and incongruities of the laws, provided the participation of the experts designated by the women organizations.

Recommendation: The recommendation formulated at paragraph 7 is once again suggested. State shall agree to pursue by all appropriate means, and without delay an equality plan that modifies status and structure of the national mechanism.

Recommendation: Periodic campaigns about discrimination based on gender, involving private communication enterprises and civil society organizations shall be conducted . Gender issues, international norms about it and materials to eliminate gender stereotypes and socio-cultural patterns that devaluate women as well as resolutions and actions of the UN system related to women condition shall be incorporated to training programs and civil service office courses, and properly diffused through state press organs.

Recommendation: Recommendations made in paragraph 1.6 are once again reiterated. Jurists shall review interpretation and practices of laws about alimonies.

Recommendation: In order to update the incorporation of anti discrimination values in social relations via education measures that stand for the citizenship are required.

Recommendation: Integral and equally accessible service is required to fulfill the different needs related to D.V. including those of temporary shelter for the victims and children

Recommendation: It is indispensable that the Uruguayan state shall agree to pursue a law such as the one under study . Firstly, to provide judges with appropriate instruments to grant human rights of women and family. Secondly, to enforce the obligations assigned as several international treaty and recommendations (Cedaw, Belem do Para convention, action plan for women ratified in Beijing) . And thirdly, to level Uruguay with the other twenty nine countries of l.atin America and the Caribbean that already have laws about it.

Recommendation: Emphasizing that a National System of DV indicators that collects, processes and publishes periodic information is needed. Other University Institutions and Schools shall conduct research programs as well. A mechanism of precocious detection by means of treatment and continence shall be created as soon as possible, so as to avoid worse consequences.

Recommendation: State shall take all appropriate labor policies and measures to eliminate discrimination against women:

Training on the issues public administration executives, judges, labor lawyers, and others.

Approval of the Equality Plan for civil servants

Increase controls on private activities especially where the principle of no discrimination is not embodied

Strict enforcement of the labor laws about women , through competent public organisms, state offices or national tribunals that take part.

ADDENDA TO POINT I OF T HE SHADOW REPORT

1) Point 1.13:

One exceptional situation is constituted by the adolescent mothers (minor) in relation with their rights, that can be solve now: A Code project of Children and Adolescent is being studied by the Senate at the Legislative Power. It has middle sanction of deputies Chamber and incorpored the principles of he Children Right Convention that enhance the legal situation of adolescent mothers.

R: This Code must be aprove by t he Senate as soon as possible.

2) Point 1.15 (added):

In Uruguay, the illegal condition of induced abortion cause dangerous situation for women, especially of the more vulnerable social sector. Eight women died in year 2000 by induced abortion in the central public Hospital of Montevideo, but no measure was adopted to protect and attent this traditional and old problem.

R: Develop special public services to post-abortion complication to protect women; and re-examine the norms of the Penal Code with relation of induced abortion.