EQUALITY COMMISSION FOR NORTHERN IRELAND EC/13/08/4 COMMITTEE ON THE ELIMINATION OF DISCRIMINATION AGAINST WOMEN (CEDAW): POST UK STATE PARTY EXAMINATION UPDATE Purpose of paper September 2013 The purpose of this paper is to provide an update on work on women s equality since the submission of the Commission s Shadow Report to the Committee on the Elimination of Discrimination against Women (CEDAW) in June 2013 and to outline next steps following the Committee s Concluding Observations from the examination of the UK Government in July 2013. Background In June 2013, the Commission submitted a Shadow Report to the CEDAW Committee in advance of the examination of the UK Government by the Committee in Geneva on 17 July 2013. The Shadow Report made recommendations in respect of a number of underpinning matters relating to violence against women, reproductive health care and rights, and multiple identity as well as recommendations on the implementation of the Convention and equality legislation priority issues agreed by the Commission relating to women s participation and women s economic independence. Action required of Commissioners Commissioners are asked to note the work undertaken and proposed next steps with regard to the Commission s work on advancing gender equality in Northern Ireland. 1
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EQUALITY COMMISSION FOR NORTHERN IRELAND COMMITTEE ON THE ELIMINATION OF DISCRIMINATION AGAINST WOMEN (CEDAW): POST UK STATE PARTY EXAMINATION UPDATE 1. Executive summary Purpose September 2013 1.1 The purpose of the paper is to provide an update on work on women s equality since the submission of the Commission s Shadow Report 1 to the Committee on the Elimination of Discrimination against Women (CEDAW) in June 2013 and to outline next steps following the Committee s Concluding Observations 2 from the examination of the UK Government in July 2013. Context 1.2 Since submitting the Shadow Report in June 2013, the Commission has continued to encourage cooperation amongst those engaged in Northern Ireland with the CEDAW mechanism. The Commission presented its report to stakeholders at a meeting on 1 July 2013 and participated in others preparatory meetings. The Commission also hosted a live streaming in Equality House on 17 July 2013 of the examination of the UK State Party. CEDAW Concluding Observations 1.3 The CEDAW Committee made recommendations in its Concluding Observations relating to the underpinning areas of the Commission s report (violence against women; reproductive health care and rights; multiple identity) and the priority themes 1 Shadow Report to the Committee for the Elimination of Discrimination against women, ECNI, June, 2013 - http://www.equalityni.org/archive/pdf/cedaw_2013.pdf 2 Concluding Observations, CEDAW_COC_GBR_14761_E, July 2013 - http://tbinternet.ohchr.org/_layouts/treatybodyexternal/download.aspx?symbolno=int%2fcedaw%2fcoc% 2fGBR%2f14761&Lang=en 3
(implementing the Convention and equality legislation; women s participation; and women s economic independence). 1.4 All areas raised in the Commission s recommendations were included in the Committee s Concluding Observations. 4 EC/13/08/4 1.5 The UK Government is to report again to the CEDAW Committee in July 2017. Locally, the Commission s immediate priority to advance our gender equality policy goals is to ensure the production of effective Gender Equality Action Plans by Government Departments to support the revised Gender Equality Strategy 3 when it is completed. It is understood that the Gender Equality Strategy will be reviewed again, along with the Action Plans, in 2016. 1.6 Alongside our ongoing gender policy work, we are currently organising engagement events to further raise awareness of the opportunities provided by CEDAW Concluding Observations and our CEDAW positions. The aim is to ensure adoption of these and wider gender equality policy positions by stakeholders and the Executive. 2. Purpose 2.1 This paper outlines our work on women s equality since the submission of the Commission s Shadow Report 4 to the Committee on the Elimination of Discrimination against Women (CEDAW) in June 2013. It also outlines the next steps following the Committee s Concluding Observations from the examination of the UK Government in July 2013. 3. Context 3.1 The UK Government reports to the CEDAW Committee on its progress in relation to implementation of the Convention and women s equality on a four year rolling basis. The Commission, along with other equality and human rights bodies and Non 3 It is expected that a draft or an outline will be presented at a meeting of the Gender Advisory Panel on 1 October 2013 4 Shadow Report to the Committee on the Elimination of Discrimination against Women, ECNI, June 2013 - http://www.equalityni.org/archive/pdf/cedaw_2013.pdf
Governmental Organisations (NGOs), submits a Shadow Report to assist the Committee with the process of examination. 3.2 The Commission s Shadow Report was submitted in June 2013, making a number of underpinning recommendations in relation to violence against women, reproductive health care and rights and multiple identity and recommendations on the implementation of the Convention and equality law, women s participation and women s economic independence. (See Annex 1) 3.3 In addition to reporting to the Committee, we have worked to share information, analysis and expertise with others through engagement with the CEDAW process in Northern Ireland. Preparation for examination 3.4 In advance of the examination, the Commission liaised with the Equality and Human Rights Commission (EHRC) and the Northern Ireland Human Rights Commission (NIHRC) and, on 1 July 2013, presented the Shadow Report for information and discussion to NGOs and others, including those whose representatives were attending the examination. 3.5 We also attended pre-hearing meetings organised by the Office of the First Minister and deputy First Minister (OFMDFM) and NIHRC; both sent representatives to the hearing in Geneva. 3.6 Recognising the issues that exist in relation to women s underrepresentation in the judiciary in Northern Ireland, the Commission provided an information note for NGOs attending the hearing to describe the situation and reflect the action outlined 5 by the Lord Chief Justice to the Assembly Committee for Justice when giving evidence there on 2 May 2013. Examination 17 July 2013 3.7 On the day of the examination of the UK State Party in Geneva, the Commission hosted a live streaming of the examination. Representatives from the NGO and trade union sectors attended 5 Northern Ireland Assembly, Official Report, 2 May 2013 - http://www.niassembly.gov.uk/documents/official- Reports/Justice/2012-2013/130502_BriefingfromtheLordChiefJustice.pdf 5
our event, with several staying for the whole day s examination. This allowed some exchange, including additional briefing, between the Commission and NGOs here and the NGOs in Geneva. Follow up to date EC/13/08/4 3.8 The Commission has followed up the hearing with meetings, in the context of next steps, with OFMDFM and with NIHRC, the NGOs present in Geneva and the ad hoc Women s Policy Group. Concluding Observations 3.9 The Committee s Concluding Observations provide a comprehensive agenda for Government in promoting women s equality and we will press for the recommendations to be implemented. 3.10 It is clear that the Concluding Observations should, for example, inform the refreshed Gender Equality Action Plans that will be developed in support of the Executive s Gender Equality Strategy which is currently being reviewed. 3.11 At the launch of the Commission s Code of Practice on Equal Pay on 4 July 2013, the OFMDFM Junior Ministers outlined their commitment 6 to full consideration of the CEDAW Concluding Observations in the review of the Gender Equality Strategy which is soon to conclude 7. This commitment has been reiterated by OFMDFM officials at the Gender Advisory Panel and in informal meetings. Commission recommendations reflected in Concluding Observations 3.12 Key Concluding Observations reflecting the Commission s recommendations are outlined below. 6 Junior Minister Jennifer McCann, 4 July 2013 - http://intranet/raver1/media/kunena/attachments/51/jmspeeches030713equalpaycodeofpracticelaunch.pdf 7 It is expected that a draft or an outline will be presented at a meeting of the Gender Advisory Panel on 1 October 2013 6
In relation to violence against women the Committee asks that Government ratifies the Istanbul Convention 8. The Committee also made recommendations on access to justice in relation to violence against women and employment, including legal aid and tribunal reform and has sought a report in two years on these matters. In relation to reproductive health care and rights, specifically abortion, the Committee asked that the State Party should expedite the amendment of the law in Northern Ireland to decriminalise abortion and that this matter should be reported on within a year. In relation to multiple identity the Committee asked the State Party to introduce measures to mitigate the impact of austerity measures on older women and women with disabilities and to ensure that fertility treatment is available to lesbians. Implementing the Convention: - implement an overarching strategy for the Convention; - encourage all Parliaments to take the necessary steps between now and next report; - establish a dedicated section in the Government Equalities Office for the coordination of gender equality across the United Kingdom. Review of legislation: - review legislation with a view to incorporating the Convention; - revise legislation in Northern Ireland to put it on an equal footing with GB; - consider multiple discrimination in legislative review; - consider pay secrecy in legislative review. Women s participation: 8 Council of Europe Convention on preventing and combating violence against women and domestic Istanbul,11/2011 http://conventions.coe.int 7
- establish temporary special measures 9 (TSMs) on participation and representation; - ensure women s participation post-conflict in line with UN SCR 1325; - introduce targeted measures to improve the representation of women in Parliament; - assess new approach to engagement and mitigate negative impact. Women s economic independence: - ensure spending reviews focus on balancing the impact of austerity measures on women s rights; - enhance measures to prevent bullying in schools; intensify career guidance activities for non-traditional paths and improve gender awareness of teachers; encourage girls participation in STEM and apprenticeships; improve data on women in all academic institutions; - promote flexible working; eliminate occupational segregation and narrow the gender pay gap; ensure transparency of salaries; - provide affordable childcare - mitigate the impact of welfare reform on childcare costs and care responsibilities; - establish Temporary Special Measures to increase the proportion of women on boards. Further Matters raised by CEDAW Committee and reflected in the Concluding Observations 3.13 The matter of the Magdalene Laundries was raised by a Committee Member and a Concluding Observation asks the State party to extend the mandate of the Historical Institutional Abuse Inquiry to include women who entered the Magdalene Laundries at age 18 and above and to provide adequate redress to these and other women in similar institutions. 9 Temporary special measures or TSMs are, in essence, positive action measures 8
Women s participation in politics and public life 4.1 The CEDAW Committee reiterated its recommendation to Government for temporary special measures to be introduced to increase women s participation in a number of areas including the public and private sectors, particularly women on boards, as well as in political life. The Committee also called for targeted measures to improve the representation of women in Parliament and the judiciary and the participation of women in the post-conflict process in Northern Ireland. 4.2 The Commission will maintain a focus in this area, including temporary special measures to maximise the participation of women in areas such as local government and various postconflict and peace building groups and seek to ensure that effective measures are considered for inclusion in the revised Gender Equality Action Plans. Women s economic independence 4.3 The CEDAW Committee included recommendations across the life cycle to work to achieve women s economic independence: - careers guidance; - gender awareness in teaching personnel; - participation in STEM and apprenticeships; - data on participation in all levels of education - access to appropriate and affordable childcare - protection in welfare reform; - protection in the recession and austerity measures. 4.4 The Commission will maintain its work in relation to STEM and in engaging in government initiatives on childcare, flexible working and apprenticeships, including recent consultations. It is also monitoring closely the impact of welfare reform changes. In addition, we will seek to have effective measures incorporated in the new Gender Equality Action Plans. 9
Legislative reform 4.5 The CEDAW Committee recommends, in its concluding Observations that the State Party affords protection from sex discrimination on an equal footing with women other parts of the UK, citing specifically recognition of multiple discrimination and the prohibition of pay secrecy clauses. 4.6 In this context, the Commission is continuing to recommend that the Executive be asked to review legislation in respect of sex discrimination and equal pay and, specifically, to amend the Sex Discrimination Order (NI) 1976 to prohibit unlawful discrimination and harassment by public authorities on the grounds of sex in the exercise of their public functions, taking account of (as a minimum) existing provisions in GB. Four year timeline for policy and action 4.7 The UK Government has been asked by the CEDAW Committee to report again in July 2017. The NI Gender Equality Strategy runs to 2016 and so this provides a useful timeline, following the revision and the development of new Gender Equality Action Plans, to progress change and assess further action required in parallel with the next reporting process. 4.8 The Commission will be proceeding with its approach to seek to influence the content of the revised Gender Equality Strategy / action plans so as to advance key gender equality issues including those identified / reaffirmed for women through our recent CEDAW reporting. 4.9 The above timelines will also allow the refinement / incorporation of the Commissions wider gender policy positions (i.e. relating to men and Transgender -see discussion further below), and to ensure comprehensive consideration of multiple identity issues and alignment with other Commission positions including those in relation to the forthcoming Sexual Orientation Strategy, Racial Equality Strategy and Strategy on Ageing etc. Policy positions will take account, too, of the cross-cutting strategies, including the Economic Strategy and Investment Strategy and the Developing 10
Social Change Framework in order ensure consistency across our policy work. Framework for implementing the Convention 4.10 The CEDAW Committee asked again that the State Party establish an overarching framework for the implementation of the Convention across the UK. They recommended that, in support of this, Government Equalities Office should have a dedicated section for the coordination of gender equality in all parts of the UK. It is also reported that Committee members believe one day is not long enough to examine a country as complex in its administration as the UK. 4.11 We are planning an event to promote our gender policy recommendations, as part of our ongoing work to influence the content of the Gender Equality Strategy and Action Plans, and will also want to consider how best to advance gender equality at the Northern Ireland level, while facilitating CEDAW s recommendation for an overarching framework across the UK. 4.12 Such an approach might allow (while protecting the integrity of devolution) Government, the statutory sector, human rights and equality bodies, NGOs and other civil society organisations to consider matters of shared interest, models of good practice and collective ways of reporting, offering a more coherent framework of action and reporting to the Committee Other matters 4.13 The Committee asks, in the Concluding Observations, that Government amends the law in order to decriminalise abortion and has required Government to report on this in a year. In the course of recent Sessions the Committee has adopted new mechanisms for dealing with both complaints and requests for inquiry under the Optional Protocol. In keeping with other requests made to the Committee, a working group has been established under the new mechanisms to consider the request submitted to 11
the Committee by Northern Ireland NGOs for an inquiry into abortion in Northern Ireland under the Optional Protocol. 5. Coherence of Commission s work on gender equality EC/13/08/4 5.1 The framework of CEDAW reporting sets a baseline for work on gender equality related to women. Given the identified opportunity presented by the review of the Gender Equality Strategy and the development of effective Gender Equality Action Plans to promote equality of opportunity for everyone, a number of engagement events are planned with men and with Transgender people in order to clarify and consolidate relevant Commission policy positions. 5.2 The Commission will continue with its working approach to influence the development of gender equality in Northern Ireland including via engagement locally and at the international level. 6. Action required of Commissioners 6.1 Commissioners are asked to note the work undertaken and proposed next steps with regard to advancing gender equality in Northern Ireland, including the specific work in relation to the recent CEDAW hearing. Liz Law, Policy Team, September 2013 12
Annex 1 Summary of Commission s CEDAW Recommendations Article 2: Obligations to eliminate discrimination to provide a Year on Report to demonstrate progress in key areas. to review legislation in respect of sex equality and equal pay and to amend the Sex Discrimination Order (NI) 1976 to prohibit unlawful discrimination and harassment by public authorities on the grounds of sex in the exercise of their public functions. to subject budgets to analysis which ensures that differential impact on women is identified and addressed. Article 4: Special measures to accelerate equality to review the Gender Equality Strategy, Gender Equality Action Plans and action plans developed in conjunction with revised equality schemes. Article 7: Political and public life to set out the steps to be taken, including temporary special measures, to realise the commitments in the Good Friday / Belfast Agreement on increasing the representation of women in Northern Ireland in political and public life. to develop measures that meet objectives for involving women in peace building set out in United Nations Security Council Resolution 1325. to consider the immediate use of temporary special measures in completing the Review of Public Administration in Northern Ireland. to conduct an assessment and introduce measures to mitigate for the impact of the abolition of the Women s National Commission on women s ability, through nongovernmental women s organisations, to contribute to the implementation of the Convention. Article 10: Education to take steps to act on the opportunities that exist through the curriculum and careers advice to challenge gender roles, stereotyping and discrimination and prevent gender based violence, recognising the particular needs of Traveller girls and young women and girls and women with disabilities. 13
Article 11: Employment to take action to increase the number of affordable and accessible childcare places in Northern Ireland, supporting women s economic participation and encouraging men to share responsibility for childcare. to review and strengthen the protections for women within the legislative and policy framework relating to flexible working, including developing an overarching strategy to set out a transparent strategy, including mandatory pay audits, in respect of equal pay across employment sectors and including part time and full time work. to carefully assess steps taken to rebalance the economy in order to protect advances in employment practice made in regard to equality for carers, flexible working and equal pay. Article 13: Social and economic benefits to assess the impact on women of the proposed payment arrangements for Universal Credit and introduce measures to mitigate any negative impacts on women. to consider the impact that the proposed introduction of a flat rate pension will have on women currently, or soon to be, in receipt of state pension. 14