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United Nations Committee on the Elimination of Discrimination Against Women - State Party Reports

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United Kingdom of Great Britain and Northern Ireland (Crown Dependencies) - Sixth periodic report of states parties: addendum [2007] UNCEDAWSPR 17; CEDAW/C/UK/6/Add.1 (29 June 2007)


Committee on the Elimination of Discrimination

against Women

Consideration of reports submitted by States parties under article 18 of the Convention on the Elimination of All Forms of Discrimination against Women

Sixth periodic report of States parties

Addendum

* The present report is being issued without formal editing.

For the initial report submitted by the Government of the United Kingdom of Great Britain and Northern Ireland, see CEDAW/C/5/Add.52 and Amend.1-4 which was considered by the Committee at its ninth session. For the second periodic report submitted by the Government of the United Kingdom of Great Britain and Northern Ireland, see CEDAW/C/UK/2 and Amend.1 which was considered by the Committee at its twelfth session. For the third periodic report submitted by the Government of the United Kingdom of Great Britain and Northern Ireland, see CEDAW/C/UK/3 and its addenda (Add.1 and Add. 2) which were considered by the Committee at its twenty-first session. For the fourth periodic report submitted by the Government of the United Kingdom of Great Britain and Northern Ireland, see CEDAW/C/UK/4 and its addenda (Add.1, Add.2, Add.3 and Add.4) which were considered by the Committee at its twenty-fourth session. For the fifth periodic report submitted by the Government of the United Kingdom of Great Britain and Northern Ireland, see CEDAW/C/UK/5 and its addenda (Add.1 and Add.2).

United Kingdom of Great Britain and Northern Ireland*

(Isle of Man)

UNITED NATIONS CONVENTION

ON THE ELIMINATION OF

ALL FORMS OF DISCRIMINATION AGAINST WOMEN

Update Report on the Implementation of the Convention in the

Isle of Man

May 2007

Part I – General background

Introduction

1. A general political, legal, social and economic description of the Isle of Man is set out in Appendix XII to the Core Document of the Overseas Territories and Crown Dependencies of the United Kingdom (HRI/CORE/1/Add.62 of January 1996) as supplemented by Part I of the Initial Report for the Isle of Man (CEDAW/C/5/Add.52/Amend.3).

2. This report contains information on developments concerning the implementation of the Convention since the periodic report submitted in 2003 (CEDAW/C/UK/5/Add.1).

3. Documentation provided with this report for the information of the Committee on the Elimination of Discrimination against Women is listed in the appendix.

Population

4. The 2006 Isle of Man Interim Census held on 23rd/24th April 2006 found the resident population to be 80,058, an increase of 4.9 % on the 76,315 recorded in the 2001 census. The total population is made up of 40,535 females and 39,523 males.

Economy

5. The Interim Census found that the economically active population had increased to 41,793 (19,139 female, 22,654 male) in 2006, up from 39,685 in 2001. The number in employment rose to 40,783, leaving the number unemployed at 1,010 (634 males and 376 females).

6. Males are more likely to be in full-time employment or self-employment than females. Women account for 81% of part-time positions.

7. The most frequently stated reason for not being in work was retirement for both genders. The number of females out of work because they are looking after the home and family has been declining significantly in recent years from 6,733 in 1991 to 4,975 in 1996 and 2,934 in 2001 but rose slightly to 3,075 in 2006.

8. Additional information disaggregated by gender is contained in the 2006 Isle of Man Interim Census.

Part 2 – Articles

Articles 2 and 3

9. The Human Rights Act 2001 came fully into force on 1st November 2006. The Act applies the substantive provisions of the European Convention for the Protection of Human Rights and Fundamental Freedoms as part of the law of the Isle of Man. Article 14 of the Convention sets out the right not to be discriminated against on any grounds, including sex, in the enjoyment of the rights and freedoms set forth in the Convention.

Article 4

10. No new information to report.

Article 5

11. No new information to report.

Article 6

12. The table below sets out information on certain sexual offences recorded by the Isle of Man Constabulary for the years 2003/04, 2004/05 and 2005/06.


2003-2004
2004-2005
2005-2006
Offence
Recorded
Actual
Detected
Recorded
Actual
Detected
Recorded
Actual
Detected
Bigamy


1


2
1

Gross Indecency with Child
4
4

3
3
3
3
3

Indecent Assault on Female
11
11

13
13
1
14
13
4
Indecent Assault on Female under 16 yrs
6
6

3
3
3
7
7
1
Procure Child to Commit Gross Indecency






2
2

Rape
6
5

16
15
3
19
14
4
U.S.I.* with Female under 13 yrs



1
1
1
1
1
1
U.S.I.* with Female under 16 yrs
2
2
1
8
8
7
8
8
7

* Unlawful Sexual Intercourse

(Source: Chief Constable’s Annual Report 2005-2006)

13. The Sex Offenders Act 2006 introduced Sexual Offences Prevention Orders (SOPOs), which are preventative orders designed to protect children, vulnerable persons and the general public from the risk of sexual harm. A SOPO, imposed by the courts and maintained by the police, can place restrictions on the behaviour of offenders convicted of certain sexual offences. A SOPO will aim to prohibit offenders from contacting their victims.

14. A new prison is presently under construction (due for completion in autumn 2007) which will improve the conditions for both women and men who are sentenced to custody by the Courts.

Article 7

15. Following the November 2006 General Election there are two women out of twenty four members in the popularly elected House of Keys. In addition, two members of the Legislative Council (eight members elected by the House of Keys plus HM Attorney General and the Lord Bishop) are female. One member of the Council of Ministers (the Chief Minister with the Ministers of the nine Government Departments) is a woman.

16. In the November 2006 General Election from the total of 55 candidates across the 15 constituencies, 6 were women. Despite the apparently low engagement of women in national politics in the Island, the Isle of Man Government is not aware of any barriers to female participation.

17. At Local Authority level (4 Town authorities, 2 District authorities, 3 Village authorities and 15 parish authorities) participation by women is higher.

18. The Isle of Man Government continues to promote an equal opportunities policy. A new Employee Handbook was issued in February 2007.

Article 8

19. No new information to report.

Article 9

20. No new information to report.

Article 10

21. Updated legislation in respect of educational provision in the Isle of Man (the Education Act 2001) was brought into operation in September 2004. The new legislation applies equally to all pupils, regardless of their gender, in schools provided or maintained by the Department of Education.

22. The Department of Education continues to actively support equal opportunities and in order to achieve centre approval for GNVQ programmes, schools are obliged to demonstrate the existence of equal opportunities policies.

Article 11

23. The table below provides information on employment in the Isle of Man at the time of the 2006 Interim Census.

Occupation
Total
Females
Males
Corporate Managers
5,039
1,550
3,489
Managers and Proprietors in Agricultural Services
1,567
648
919
Science and Technology Professionals
917
92
825
Health Professionals
371
121
250
Teaching and Research Professionals
1,385
941
444
Business and Public Service Professionals
1,779
703
1,076
Science and Technology Associate Professionals
595
97
498
Health and Social Welfare Associate Professionals
1,305
1,097
208
Protective Service Occupations
433
66
367
Culture, Media and Sports Occupations
469
192
277
Business and Public Service Associate Professionals
1,766
745
1,021
Administrative Occupations
6,667
4,629
2,038
Secretarial and Related Occupations
1,494
1,431
63
Skilled Agricultural Trades
933
110
823
Skilled Metal and Electrical Trades
1,466
19
1,447
Skilled Construction and Building Trades
2,491
23
2,468
Textiles, Printing and Other Skilled Trades
741
260
481
Caring Personal Service Occupations
2,198
1,957
241
Leisure and Other Personal Service Occupations
971
706
265
Sales Occupations
2,164
1,488
676
Customer Service Occupations
325
233
92
Process, Plant and Machine Operatives
849
124
725
Transport and Mobile Machine Drivers and Operatives
1,332
78
1,254
Elementary Trades, Plant and Storage Occupations
930
78
852
Elementary Administration and Service Occupations
2,578
1,372
1,206
Unidentified
18
3
15
Total employed
40,783
18,763
22,020
Unemployed, seeking work
1,010
376
634
Total economically active
41,793
19,139
22,654

24. In relation to training schemes with which the Department of Trade and Industry has a direct involvement, current figures indicate that in construction related apprenticeship schemes 206 participants are male and 3 female; in non construction related schemes (e.g. engineering, hairdressing, information technology) 156 participants are male and 36 female; and in office technology courses there are 8 male and 15 female participants.

25. The Employment (Sex Discrimination) Act 2000 continues to be the Island’s main legislation for the prevention of discrimination in employment. The Department of Trade and Industry employs an Equality Advisor to promote the Act and other anti-discrimination good practice in the field of employment.

26. The Management of Health and Safety at Work Regulations 2003 (SD 877/03) which came into operation on 1st October 2004 include, inter alia, a requirement for a risk assessment in respect of the health and safety of new or expectant mothers.

27. The Employment Act 2006 has consolidated, with amendments, existing enactments and conferred new rights on employees and workers. A number of items of relevant subordinate legislation made under the 2006 Act were approved by Tynwald in March 2007:

• Maternity Leave Regulations 2007 [SD No 76/07]

• Adoption Leave Regulations 2007 [SD No 77/07]

• Suspension from Work on Maternity Grounds Order [SD No 98/07]

• Parental Leave (Disabled Child) Regulations 2007 [SD No 97/07]

• Flexible Working Regulations 2007 [SD No 96/07]

• Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2007

[SD No 104/07]

28. At present the state pension age is 60 for women and 65 for men. But the state pension age for women will be increased gradually from 2010. By 2020 the state pension age will be 65 for both men and women. This change, which is in line with provision in the United Kingdom, has the following effect:

• Women born before 6 April 1950 are not affected and will still get their state pension at age 60;

• Women born between 6 April 1950 and 5 April 1955 will have a set date when they can claim their state pension. Their state pension age will be between 60 and 65 depending on their date of birth;

• Women born on or after 6 April 1955 will get their state pension at age 65.

Article 12

29. The Isle of Man Government continues to provide the widest range of health services, to the highest practical standard, to all Island residents, regardless of their gender. Hospital based services are now largely provided in the new Noble’s Hospital, situated on the outskirts of the Island’s capital, which opened in July 2003.

30. The Department of Health and Social Security has commissioned a breast screening call and recall service. From February 2007 women aged between 50-70 years, registered with GP in the Isle of Man, will be invited for breast screening every two years. A letter, including an appointment and information leaflet will be sent direct to women at their registered address.

31. Women over the age of 70 will still be able to self-refer themselves for screening if they so wish and women under the age of 50 worried about any breast problems can contact their GP who will refer for a specialist opinion.

32. The average infant mortality rate (number of deaths of children aged less than one year per 1,000 live births) during the period 2000 to 2004 was 3.67.

Article 13

33. The Isle of Man still maintains a reservation under this article concerning the tax status of married women. However, with effect from 6 April 2006 (tax year 2006/2007) married couples who elect to be jointly taxed will be jointly and severally liable for their income tax affairs. Both spouses will be jointly liable for any amounts of income tax that may become due and both spouses will be required to sign the annual tax return and other forms that may be issued by the Income Tax Division.

34. In addition, a married person who has previously been jointly taxed with their spouse may revoke this treatment and elect to be taxed separately.

35. Consideration will therefore be given in the near future to the withdrawal of the Island’s reservation under this article.

36. The rates of maternity benefit, child benefit and other benefits have been increased annually and information on the most relevant benefits is provided with this report. Information on the full range of social security benefits available in the Isle of Man can be found on the website of the Department of Health and Social Security at: http://www.gov.im/dhss/security/

Article 14

37. No new information to report.

Article 15

38. No new information to report.

Article 16

39. The Matrimonial Proceedings Act 2003 has been enacted. This Act, which was brought into force on 1st April 2004, updates and re-enacts with amendments a number of earlier enactments relating to matrimonial proceedings. The Act includes provisions in respect of: proceedings for divorce and annulment; proceedings for maintenance; family homes and domestic violence; and property of married persons.

Optional Protocol to the Convention

40. The Isle of Man Government agreed that the Island should be included within the scope the United Kingdom’s accession to the Optional Protocol to CEDAW. Accompanying the UK’s instrument of accession to the Optional Protocol, deposited on 17th December 2004, was a declaration confirming territorial extension to the Isle of Man. In accordance with article 16(2), the Optional Protocol has therefore applied to the Isle of Man with effect from three months following that date.

Appendix

Documentation provided to the Committee with this Report

Acts

Education Act 2001

Employment Act 2006

Income Tax (Amendment) Act 2006

Matrimonial Proceedings Act 2003

Sex Offenders Act 2006

Secondary legislation

Maternity Leave Regulations 2007 [SD No 76/07]

Adoption Leave Regulations 2007 [SD No 77/07]

Suspension from Work on Maternity Grounds Order [SD No 98/07]

Parental Leave (Disabled Child) Regulations 2007 [SD No 97/07]

Flexible Working Regulations 2007 [SD No 96/07]

Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2007 [SD No 104/07]

Matrimonial Proceeding (Pensions) Regulations 2004 [SD 225/04]

The Management of Health and Safety at Work Regulations 2003 [SD 877/03]

The Education (Curriculum) (No.2) Order 2004 [SD 555/04]

Guidance and other documentation

Isle of Man Census Report 2006

Isle of Man Government Equal Opportunities Handbook

DTI Guide to employers on genuine occupational qualifications

DTI Guide to employers on fair advertising

DHSS Which Benefit? Guide (FB2 (IOM))

DHSS Guide to Maternity Benefits (NI17A (IOM))

DHSS Guide to Child Benefit and Guardian Allowance (CH1 (IOM))

DHSS Guide to Family Income Supplement (FIS5 (IOM))

DHSS Benefits for persons in work (Section 2)

DHSS Benefits for children (Section 4)

DHSS Maternity, Paternity and Adoption Benefits (Section 3)

Human Rights Act 2001 – A Brief Introduction (Guide – October 2006)

Note by the Secretariat: Annexes to the report will be made available to the Committee in the language in which it was received.


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