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June 22, 1999
Director of National Women's Service Cites Significant Legal
Reforms; Committee Experts Concerned by Teenage Pregnancy, Lack of
Abortion Access
Following a return to democracy in the early 1990s, Chile was
endeavouring to build a new gender order, ending the one based on
discrimination, subordination, exclusion, violence and cultural
devaluation of women, a representative of that country told the
Committee on the Elimination of Discrimination against Women this
morning.
Introducing Chile's third periodic report to the 23-member expert
body, which monitors compliance with the 1979 Convention on the
Elimination of All Forms of Discrimination against Women, Maria
Josefina Bilbao, Minister and Director of the National Women's
Service (SERNAM), said the period under review -- 1995 to 1998 --
had been significant in terms of the number of reforms enacted that
positively impacted women's quality of life. For example, in May,
the Congress had approved an amendment to the Constitution through
which legal equality between women and men would be explicitly
established.
She described a number of other recent and ongoing legislative
initiatives, among them, a 1994 law penalizing domestic violence --
essential in a country where women were victimized by violence in
one of every four homes -- and a law on filiation, which was about
to enter into force and would make children equal before the law
regardless of the circumstances of their birth. Currently, more than
40 per cent of Chilean children were illegitimate. By the new law,
acknowledgement of a child would no longer be based on the father's
will, as had been the case for 150 years.
Abortion was the most serious health problem affecting Chilean
women, she continued. There was an estimated one abortion for every
four pregnancies, and it was the second cause of maternal death. The
medical risks associated with abortion were high, due to the
clandestine circumstances in which it was practised. The
Government's basic strategy for preventing abortion was family
planning, reinforced with the promotion of responsible fatherhood.
Women's Anti-Discrimination Committee - 1a - Press Release WOM/1144
442nd Meeting (AM) 22 June 1999
In their comments this morning, experts expressed grave concern
about the high levels of teenage pregnancy and lack of access to
abortion. An expert said that, while abstinence might be the best
solution in a perfect world, Chile had a serious problem of violence
against women, and many women and girls were becoming pregnant due
to violence against them. Another said religion strongly influenced
Chile's society and Government, but the State must ensure that all
people had the right to good health, including reproductive health.
Another said that Chile's Government was modern and thriving, so
it should have no problem providing certain contraceptives, such as
emergency measures, to women and girls who became pregnant, through
rape, for example. Before 1990, abortion had been allowed for health
reasons, but today any abortion was illegal, another expert noted.
Why had there been a step backwards? she asked.
Many attempts to improve the conditions of women in Chile had
been rejected, said another expert. The law on divorce had been
languishing, due to a massive campaign by conservative forces,
including the Church. Regarding women's lack of property rights in
marriage, she said that if women were unable to control their
property, men would take advantage of the situation, particularly in
unhappy marriages. That would have very serious consequences for
women and children, and older women, in particular.
The Committee will meet again at 3 p.m. today to continue its
consideration of Chile's report.
Women's Anti-Discrimination Committee - 2 - Press Release WOM/1144
442nd Meeting (AM) 22 June 1999
Committee Work Programme
The Committee on the Elimination of Discrimination against Women
met this morning to begin its consideration of Chile's third report
(document CEDAW/C/CHI/3), submitted under article 18 of the
Convention on the Elimination of All Forms of Discrimination against
Women. That article provides for States parties to submit reports on
legislative, judicial, administrative and other measures adopted to
give effect to the provisions of the Convention.
Chile's women account for just over half of its population of
14.2 million inhabitants, of whom 84.7 per cent live in urban areas,
according to the report. A National Women's Service (SERNAM) was
established in 1991. Its director has ministerial rank. Its mission
is to collaborate with the executive branch in studying and
proposing plans and measures to ensure that women enjoy equal
rights. It has a legal reform programme, through which it identifies
discriminating legislation. With the Ministry of Education, it
coordinates adult education programmes for women heads of household,
and has spearheaded extensive intersectoral strategies to prevent
teenage pregnancy and domestic violence.
Chile ratified the Women's Convention in 1989. The report
provides information on the period since its last report in 1995
through the end of 1998. The ruling coalition, the Alliance of
Parties for Democracy, began a process of transition within the
framework of the 1980 Constitution inherited from the military
regime, and amended by the 30 July 1989 plebiscite. The report
states that the current legal framework includes "leyes de amarre",
or "laws keeping things tied up", which means laws perpetuating
authoritarian features of Chile's institutions. Difficult to change
because of provisions left over from the military regime, such laws
include the existence of 10 designated or institutional senators out
of a total of 48 senators, including a senator for life, former head
of State, Augusto Pinochet Ugarte.
The Convention is the law of the State under provisions of the
Constitution and, therefore, its definition of discrimination is
fully applicable, the report states. A bill is being considered that
would incorporate changes into the Constitution. A change was
proposed to Article 1 of the Constitution, which currently states "[m]en
are born free and equal in dignity and rights". The change would
read: "Persons are born free and equal in dignity and rights". Also,
article 19, paragraph 2 would read: "Men and women are equal before
the law". The changes were approved in 1997 by the Chamber of
Deputies and currently await a vote in the Senate. Civil and labour
laws prohibit any form of discrimination, including by sex.
With one exception -- joint ownership of property -- women*s
legal capacity is identical to men*s under the law, the report
states. Under the joint ownership regime for marriage, married women
face numerous legal obstacles to managing their assets and obtaining
credit, the report continues. The husband owns joint property,
including property that had been the wife*s. Unless expressly
excluded from that arrangement in the matrimonial settlement, a
wife's property can be transferred by the husband without her
authorization. Further, in practice, a bank requires a husband*s
approval before lending money to the wife.
The report describes a healthy economic environment, in which
macroeconomic equilibria are preserved, while emphasis is placed on
social programmes to reduce poverty and marginalization, improving
health and providing education and training opportunities for all. A
major effort has been made to modernize the State, including the
Equal Opportunity Plan for Women, 1994-1999.
Despite Chile*s continued economic growth and the emergence of
new jobs and opportunities, the report states that women*s real
opportunities have not changed significantly in recent years. The
work culture identifies occupations by sex, resulting in fewer
opportunities for women*s career advancement, and for training. In
1996, the unemployment rate was 7.3 per cent for women and 4.9 per
cent for men. On average, women earn 70.3 per cent of what men earn.
The employment rate in urban areas is 38.2 per cent for women and
74.5 per cent for men, compared to rural rates of 20.1 per cent for
women and 75.4 per cent for men.
In Chile, education for eight years is compulsory. Adult literacy
is 94.6 per cent. One in four students goes on to higher education.
Far reaching education reform is being undertaken, with
participation from SERNAM. Sixty per cent of young people from low
socio-economic strata drop out of school. Generally, boys do so to
work, while pregnancy or marriage is the leading cause for girls
leaving school. Literacy and enrolment rates are lower in rural
areas, although the report states that the main problem affecting
basic education in rural areas is quality rather than access, and
enrolment rates for boys and girls are similar. The Ministry of
Education is considering a curriculum to link local culture and
general aspects of knowledge, and involving relevant teacher
training.
A number of programmes and policies have been implemented to
address the problems faced by rural women, the report states. The
National Institute for Agricultural Development has been developing
activities on their behalf, including a programme to finance
productive activities among peasant women, which involved changing
the rules on access to credit. In 1997, 9,038 women accessed credit
amounting to $6.7 million through INDAP.
In 1995, a Rural Division was created in SERNAM and, in the same
year, the office began building alliances to promote coordination
between public and international bodies for the benefit of rural
women. It also facilitates dialogue between State bodies and civil
society regarding policy design and implementation. A national Rural
Women*s Task Force has been established and five regional entities,
to encourage rural women to participate in the design of regional
policies.
There are approximately 200,000 women seasonal workers whose
situation is particularly precarious in terms of working conditions,
wage instability and childcare during their long workdays, the
report states. Booklets on labour rights have been distributed to
these women, and community workshops conducted for them. Studies are
now being carried out through SERNAM regarding health insurance and
the control of pesticides for input to legislative initiatives.
Also, SERNAM is coordinating assistance programmes for female
seasonal workers involving childcare, education and health services.
There are two health care systems in Chile, the report states --
a public system administered by the State and a private system. In
the public system, primary medical services are free, including
prenatal care and health care for children. Those services are
guaranteed for persons with low incomes, such as pensioners and
indigent persons. Pregnant women are entitled to State protection
during pregnancy and up to six months after the birth of their
child; newborns and children up to six years are also entitled to
State protection and health care.
In 1997, the Ministry of Health and SERNAM launched a Women*s
Health Programme, which is to benefit four million women, primarily
in the areas of promotion and prevention, the report states. The
Programme covers women*s health throughout the life cycle, providing
coverage for consulting with specialists in areas including
infertility, menopause, occupational health and nutrition.
Chile's social security system was reformed in 1981 to include a
private pension scheme based on individual savings, the report
states. The State regulates the way those operate and guarantees a
minimum pension if that provided by the pension fund is below
subsistence level. A woman*s old-age pension is lower than a man*s,
even if she receives a pension at the same age and with the same
amount of capital in her individual investment account.
The State pays the salary for women's maternity leave for six
weeks before and 12 weeks after the birth of a child. Together with
the Ministry of Education, SERNAM is promoting childcare systems for
children of working mothers by extending the hours of such
facilities for children of women heads of household and women
seasonal workers.
Introduction of Report
MARIA JOSEFINA BILBAO, Minister, Director of SERNAM, introduced
Chile's second and third reports. She said that very early on, the
State had demonstrated its concern to make progress in policies
designed to improve the status of women. In 1969, the Government
established the National Office for Women to draw up and coordinate
specific policies for women. The National Secretariat for Women was
established during the Government of President Salvador Allende. It
was responsible for advising the Government on the preparation and
coordination of plans and policies relating to the incorporation of
women in society and to child care.
Those advances faced a major setback in 1973 with the
establishment of a military Government in Chile, she continued.
During that period, many women went back to their homes. The severe
economic crisis of the 1980s, which increased the level of
unemployment to more than 30 per cent, led women to organize
themselves to optimize jointly the scant resources available to
families for their survival. Chile's absence from the international
community for 17 years had major cultural and social repercussions.
When Chile joined the international community in 1990, with the
return of democracy, it had suffered from a major disadvantage, she
said. The cultural debate had been suspended for almost 20 years.
Chile had participated in all the international summits and
conferences of the current decade, and had signed a series of
conventions and agreements on issues that had not been debated and
were only now beginning to be included in the public agenda. That
had constituted a major obstacle to the work, not only of
incorporating the gender perspective in public policies, but also of
making other necessary changes to improve the status and position of
women. That was the cultural and political framework within which
the Government had to implement the women's Convention and other
conventions.
Progress with regard to the status of women in Chile in this
decade had been promoted by the establishment in January 1991 of the
National Women's Service (SERNAM), she said. SERNAM's existence and
participation in the State machinery had been vital to the
incorporation of the gender perspective into public policies and the
promulgation of laws that protected women, prevented discrimination
and ensured the incorporation of the principle of equality in
various spheres, thus laying a solid foundation for progress towards
gender equity. Today, the State financed 90 per cent of the body's
budget.
SERNAM's function, she continued, was to cooperate with the
Executive in the design and coordination of government policies that
contributed to putting an end to the discrimination that affected
women in the family, social, economic, political and cultural
spheres. The Equal Opportunities Plan for Women (1994- 1999) was
drawn up to promote equitable distribution between the sexes of
social resources and tasks, civil rights and participation and
positions of power and authority, and to enhance the value of the
activities carried out by men and women.
The growing participation of women from all social levels in the
job market, in both urban and rural areas, and at a greater rate of
increase than that of men, permitted the assertion that the gap
between men and women in the job market had decreased, she said. At
the same time, more programmes and specific policies needed to be
developed aimed at creating better quality jobs for women and
reconciling housework and paid employment, especially for women who
had small children and, thus, faced a greater workload in the home.
Also, the wages paid to men and women were not equal. In 1996, the
average income of women workers was 29 per cent lower than that of
men.
Over the past ten years, the number of poor households in Chile
had decreased, she went on. A considerable number of them had moved
above the poverty line thanks to the financial contribution made by
women. SERNAM had since 1993 been conducting a comprehensive
programme aimed at preparing low- income women for employment,
addressed primarily to women heads of households. Examination of the
working conditions and incomes of women indicated the existence of
discrimination against them, she said. That was due to the fact that
women were active predominantly in low-productivity sectors and that
fewer women than men had job contracts, despite the fact that, on
average, they worked hours very similar to those of men. In that
context, SERNAM had continued to develop the Programme for Women
Seasonal Workers aimed specifically at addressing the precariousness
of women's work in the agricultural export sector and its relation
to the quality of life of the women employed in that sector. One
aspect of the Programme aimed to provide those women workers with
support in developing leadership, participation and formation of
associations.
It was in the labour sphere that the largest number of legal
changes had taken place with respect to both improving women's
access to employment and their working conditions, and to promoting
the sharing of family responsibilities and protection of mothers.
One of Chile's major achievements was that, at the primary,
secondary and higher levels, the level of registration was equal for
men and women, she said. However, that did not automatically mean
greater opportunities for women. The educational reform currently
underway had incorporated that aspect. While illiteracy had been
almost completely eradicated, the problem still existed among adult
and older women, particularly in rural areas. That challenge had
been met through adult education programmes that emphasized the need
for the content of literacy courses to reflect women's needs and
interests and facilitate their entry or re-entry into the job
market.
In terms of equality of opportunity between women and men in
education, she said that public policies had to deal with the issue
of quality of education, and the discrimination generated by the
content of education and by teaching methodologies. Also, teachers
must be trained in the gender perspective, so as to break the
vicious cycle between the segregation of women teachers themselves
and the reproduction of sex-based discrimination in the content of
the educational process.
Another issue that needed to be tackled more resolutely was the
prevention of teenage pregnancy, she continued. Teenage pregnancy
had been addressed by the State in a comprehensive manner, and
preventive action and specific measures were being undertaken in the
school system and the health services jointly with teenagers, their
families, their teachers and the community at large. In light of
that situation, four years ago, SERNAM, together with the ministries
of education and health, had launched the Discussion Seminars on
Emotionality and Sexuality. That model was centered on educating
young people to take care of themselves and enabling them to take a
responsible attitude towards their sexuality.
Turning to health, she said that the accumulation of roles in the
lives of women had had negative effects on their health in terms of
pressure, fatigue and mental health problems. Where primary health
care was concerned, the figures for Chilean women were close to
those of developed countries. A major public health problem was
induced abortion. It was estimated that there was one abortion for
every four pregnancies, and abortion constituted the second cause of
maternal death. Chilean legislation prohibited and penalized
abortion in all its forms. Accordingly, the medical risks associated
with abortion, because of the clandestine circumstances in which it
was practiced, tended to be concentrated in the lower-income
sectors.
The Government's basic strategy for preventing abortion and
reducing its consequences was family planning, she added. That
policy was reinforced by promoting the concept of responsible
fatherhood, which allowed for conceptions and births that were
freely desired by both parents.
The reason for linking health insurance closely with the entry of
women into the job market was based on the fact that the majority of
women were still engaged in housework as their primary activity.
Accordingly, their access to the health insurance system was as
dependents. Thus, any policy for improving the entry of women into
the job market was a policy that had a direct impact on their
opportunities for protecting their health.
Turning then to participation, she said that while more women
voted than men, they were not equally active at decision- making
levels. The number of women holding elective office in
municipalities was increasing, and so too was the number of women in
technical and professional posts, the judiciary, media and business.
Overall, however, women's participation was pyramid- shaped; broad
at the base and narrow at the top.
Access to decision-making positions in the political and economic
spheres was most difficult, she continued. No woman had served as
President of the Senate or of the Chamber of Deputies. No woman had
served on the Supreme Court. Few women were involved in such issues
as national security and macroeconomic policy. Instead, they were
concentrated in areas of activity relating to education, health,
family and justice. Affirmative action policies had not been
incorporated into Chilean legislation, although they had been
applied within political parties. A bill had been proposed to ensure
specific levels of women in Congress, but it had been rejected by
Parliament.
Through SERNAM, officials were being trained to incorporate the
gender perspective in planning, executing and evaluating programmes,
she said. Further, SERNAM was publicizing the rights of women, in
part by strengthening the work of Women's Rights Information Centres
in all regional capitals. Parallel to efforts to give women
individual, group and institutional attention, SERNAM was
publicizing rights through radio programmes throughout the country.
Last year, a pilot query-response programme was implemented, using a
free and public access computer system. It was now being replicated
in five regions.
Turning then to legal reforms, she said the period covered in the
report had been significant in terms of the number of reforms
enacted that positively impacted upon women's quality of life. On 16
May, the Congress had approved an amendment to the Constitution
through which legal equality between women and men would be
explicitly established. The word "men" would be replaced by "person"
and a sentence would be inserted stating that men and women were
equal before the law.
Other positive bills concerned family violence, property sharing
and employment, she said. In developing its legislative agenda,
SERNAM had had to take into account the country's conservatism in
some sectors, as well as the composition of the Senate, in which the
Government did not have a majority, partly because of the designated
senators. The recent constitutional amendment was a milestone in
advancing the status of Chilean women, and resulted from a
globalization of cultural matters. The signal sent by the amendment
must be extended into media and educational institutions.
She then drew attention to the law penalizing domestic violence,
which defined such violence as maltreatment affecting physical or
mental health of any family member. The law had been in force since
1994, and was a major advance. In one of every four Chilean homes,
women were victims of violence. It had, therefore, been essential to
establish legal and social penalties for that behaviour. Another
important result of the law was the establishment of the
Inter-Ministerial Committee on Prevention of Violence Within the
Family, coordinated by SERNAM and the ministries of health,
education, justice and foreign affairs, the national youth institute
and the judiciary, the police and the Chilean network against
domestic and sexual violence.
Another important legislative advance pertained to filiation, she
said. A new law would enter into force in four months, radically
changing the principle of family law. It rendered all boys and girls
equal before the law, regardless of the circumstances of their
birth. Currently, more than 40 per cent of Chilean children were
illegitimate, with negative social consequences. Under the new law,
all boys and girls would have the same rights of inheritance,
support and legal representation. The law embodies the principle of
free investigation of paternity and admitted all types of evidence,
including biological. Parental authority would be exercised by
whichever of the parents they decided on by common accord. In the
event of separation, authority would be exercised by the parent
responsible for the child's personal care.
Through the new law, acknowledgement of a son or daughter would
no longer be based solely on the will of the father, as had been the
case in Chile for 150 years, she said. Previously, a man's refusal
was enough to deprive the child of a legal father and result in the
child's birth certificate bearing the stigma of illegitimacy. With
the acceptance of biological evidence, the claim to fatherhood would
now have true meaning. It would cease to be a presumption, and
instead become a fact.
Other bills still in the approval process related to the issue of
women and family law, including one establishing family courts,
sexual offence and marital rape, she said.
Chile was endeavouring to build a new gender order, ending the
one based on discrimination, subordination, exclusion, violence and
cultural devaluation of women, she said. A new plan for equality of
opportunity between men and women was being drawn up, with input
from all sectors of society. The challenges of the future included
addressing the need for far-reaching socio- cultural change that was
required to eliminate discrimination. Also, a culture of economic
autonomy and equality for women must be promoted to progress towards
gender equity. Other challenges included restructuring family life
to strengthen the male presence, and incorporating the gender
approach into all public policies.
Experts' Comments and Questions
An expert congratulated the delegation on the constitutional
reform that had been recently approved. It was something that SERNAM
had been working very hard for, and it was an important achievement
not only for Chile, but also an encouragement for women and women's
groups in other countries. Also, the Government's demonstration of
political will in strengthening SERNAM over the years was very
satisfying. It was not common for institutions established by
previous governments to maintain their integrity with a change in
government. That was cause for hope that, regardless of the outcome
of election to be held in December, the next government of Chile
would maintain that same degree of political will.
She noted that one area where not enough information had been
provided was the role of women's groups or non-governmental
organizations in Chile, which in the Committee's opinion was very
important. The Committee had always appealed for greater
participation of civil society in the advancement of women. Chilean
women had played an important role in the economic, political, and
cultural development of the country. She wanted to know what was
happening with Chilean women today, following the triumph of
democracy. Why were they not seen more visibly in the report? she
asked.
With regard to Chile's programmes to reduce poverty, she said
that the training of low-income women was of interest. Noting the
programme for temporary women workers, she said that was important
and necessary, since temporary workers were a major component of the
women's labour force. The Government's actions to protect women
workers, such as the inclusion of domestic workers in labour
protection laws, was a good example for other countries. Female
domestic workers were the ones with the greatest disadvantages and
enjoyed the least protection in many countries.
Regarding ownership of land in rural areas, she wanted to know
whether the same rights applied to Mestizo, or indigenous women,
that applied to Chilean women. Also, it was important to take into
account the need to give the same quality and quantity of land to
rural women as given to rural men.
There were several areas of concern, she said. The work being
done by SERNAM had showed that it enjoyed good political support
from the Executive branch. SERNAM's mission was that of
collaborating with the Executive in designing public policies.
However, that work was not done directly with women. She suggested
that it would be worthwhile to consider reorienting SERNAM's
guidelines, in an effort to create greater linkages with women's
groups and non-governmental organizations. A more direct and closer
dialogue with those groups would provide for constant updating and
flow of information. Maintaining a linkage with civil society and
non-governmental organizations was crucial for promoting the status
of women.
Also of concern to her was teenage pregnancy. Despite the
establishment of the Discussion Seminars on Emotionality and
Sexuality programme, it seemed that the desired results had not been
achieved and teenage pregnancy had increased. Either the education
programmes or access to contraception and information were lacking.
The ages at which teenage pregnancy was occurring were very
worrisome. A girl of 14 was not in a position to have children. The
problem needed direct attention by SERNAM and other organizations.
The provision of contraception and open discussion was vital in
addition to education programmes, she added. In that regard, the
role of the Church in the social sphere had to be taken into
account. Further, surgical operations to bring about complete
inability to give birth could only be done with the cooperation of
the husband. That should be dealt with differently, since it was a
question of women exercising their reproductive rights.
An expert expressed great concern about the regulation on
voluntary sterilization, which demanded spousal consent. It was sad
to read that when the regulation was drafted, it had not included
that requirement, which had been added by public health providers.
That indicated that those health providers were not aware of women's
human rights. Even as family members, women had individual rights.
Medical providers should be given human rights education. The
spousal consent requirement contravened articles of the Convention
on which Chile did not have reservations, including article 12.1.
The Committee's general recommendations 21, on the family, and 24,
on health, could assist Chile in amending its laws and regulations
in relation to women's reproductive health and rights.
She said she understood the problems facing Chile regarding
contraception, since religion so strongly influenced society and
government. But the State was responsible to ensure that all people,
including women and girls, had the right to good health, and that
included reproductive health. The Government must make every effort
to behave as a secular government. The Government was modern and
thriving. It should have no problem providing certain contraceptive
measures, such as emergency measures, to women and girls who became
pregnant, through rape, for example. Women who became pregnant as
the result of rape should not have to live with the mental torture
of bearing the child, who also should be spared the torture of
knowing he or she had been unwanted. Such measures must be made
affordable to such women.
Pregnant students were discriminated against in Chile, she noted.
Yet, pregnancy should not be a source of discrimination in any way.
Pregnant girls were expelled from schools, in gross violation of
their rights to equality and education. Chile's Government was
progressive. It had the political will to grant equality in all
aspects of life to men and women. Therefore, it must do everything
possible to abolish that law. Recalling an unsuccessful attempt to
do that, she urged Chile to create enough awareness that such a law
could be passed.
Reports to the Committee must include information on substance
abuse, she continued. Chile was highly developed and she assumed
that tobacco consumption was high. More information should be
provided in the next report.
Another expert said stereotypes must be addressed. Chile had made
great strides in a number of areas, yet, such advances could
sometimes be almost an impediment. For example, when women were
educated and economically productive, they sometimes became the
target of violence by men, who perceived them as endangering
traditional notions of masculinity. Hegemonic mindsets must be
changed alongside laws, as standards of employment, health and
education were improved, she continued. Specific programmes must be
directed towards men to change the mindset of the dominant elements
of a traditional patriarchal, masculine-dominated culture.
Consciousness-raising among women was crucial, but changing men's
attitudes was equally important. That was particularly true in
societies where it was difficult to change existing political
conditions right away and to promote women to decision-making
positions in large numbers at once. What was the Chilean State doing
to gender-sensitize critical elements in society, including
political and community leaders, and the judiciary at high levels?
she asked.
An expert lauded Chile's courageous legislative reform, as well
as its efforts to address poverty and integrate women's rights into
all sectors relating to equality before the law. She was extremely
concerned about adolescent pregnancy and the prohibition of
abortion, which affected the rights to health, education and
sometimes to life. The Government must protect its citizens. While
public schools allowed pregnant adolescents to attend, private
schools could refuse. The Government should pressure those
institutions to allow girls to return to school. Also, it should
provide sex education to protect girls from early pregnancy.
Abortion was the second cause of maternal deaths in Chile, she
said. Before 1990, abortion had been allowed for health reasons. Why
had there been a step backwards? she asked. Women's health and their
right to life were being affected.
On family life and the relationship between spouses, she welcomed
the reforms on filiation and other measures, such as those
prohibiting the marriage of children. While the marriage age for
children -- 16 years -- was low, at least it was the same for both
sexes. However, legislation on divorce was of concern. A bill had
been approved in 1997 in the Chamber of Deputies, but the Senate had
not yet approved it. Under what conditions was divorce allowed? she
asked. Why had the law not yet been approved? Divorce was a
necessary evil. A society that respected rights could not obligate
persons to live together. SERNAM could be helpful in getting the law
adopted and implemented.
Another expert said she was very concerned about law and policy
regulating women's private life in Chile. Towards the end of the
authoritarian regime, abortion had become completely illegal,
whereas previously, therapeutic abortion had been available. That
had a seriously detrimental effect on women's health in Chile. The
number of illegal abortions was among the highest per capita in
Latin America. The law was, therefore, not effectual. It was
actually detrimental to women. The number of maternal deaths due to
unsafe abortions was extremely high and increasing since the
enactment of legislation making therapeutic abortion illegal. That
was an indictment. The Government must protect women.
Physicians must report abortions when women came to hospitals for
procedures related to illegal abortions, she continued. That had
serious consequences. Women would avoid going to the hospital at all
cost. It further deprived them of liberty, as a number of women were
imprisoned for abortions.
The theory seemed to be that abstinence was the best solution,
she said. That might be possible in a perfect world, but Chile had a
serious problem of violence against women, and many became pregnant
due to violence against them.
She noted that many attempts to improve the conditions of women
in Chile had been rejected. Courts were overloaded, and courts and
judges were not selected and trained to administer the law on family
violence. The law on divorce had been languishing. There had been a
massive campaign by conservative forces, including the Church, to
prevent it from being enacted. She was also concerned about property
in marriage. If women were unable to control their property during
marriage, it was likely that men would take advantage of the
situation, particularly in unhappy marriages, and try to acquire
property for themselves. That would have very serious consequences
for women and children, and older women, in particular.
She said public opinion favoured liberalizing the law to protect
the lives, rights and health of women, particularly in the family
setting. Moves towards establishing a family court should be given
greater impetus, and laws reviewed to ensure a coordinated policy
concerning such areas as divorce, care of children, property, and
women's health, particularly regarding abortion. Those laws could be
administered by a court with specially trained judges. Law could be
an instrument for good, rather than for the oppression of, women, as
seemed to be the case in many sectors. Chile's history of oppressing
and marginalizing women would take a long time to change, but the
country was on the right path.
An expert noted that Chile had achieved much in terms of equal
opportunities for women, in only nine years of democracy. She was
impressed with three aspects of the report: the high number of women
entering the work force; the quasi-elimination of illiteracy; and
the Government's efforts to eliminate poverty in the country. With
regard to SERNAM, she noted that while the body itself was a
decentralized, public service institution, its Director had the rank
of minister. Perhaps, if SERNAM had the designation of an actual
ministry, rather than just a public service institution, along with
its Director being a minister, then much more could be achieved.
Also, cooperation with non-governmental organizations would give
more visibility to SERNAM as an institution.
She had two major concerns -- abortion and divorce, she remarked.
So many women were dying in Chile due to clandestine abortions. It
was important to protect the right to life of those women and create
a law that was more just for them. With regard to divorce, it was
unjust for women to remain in conjugal situations that had broken
down and in which mainly men profited.
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