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Andorra - Combined second and third periodic reports [2012] UNCEDAWSPR 1; CEDAW/C/AND/2-3 (19 March 2012)



United Nations
CEDAW/C/AND/2-3
G124148901.wmf
Convention on the Elimination
of All Forms of Discrimination against Women
Distr.: General
20 March 2012
English
Original: French

Committee on the Elimination of Discrimination

against Women

Consideration of reports by States parties under article 18 of the Convention on the Elimination

of All Forms of Discrimination against Women

Combined second and third periodic reports

Andorra[*]

[29 August 2011]

Contents

Paragraphs Page

Abbreviations and acronyms 6

I. Introduction 1–7 7

II. Chronology 8–16 8

III. Implementation of the recommendations 17–35 8

A. Legislative measures 17–21 8

B. Other measures: programmes, projects and actions implemented in

response to the Committee’s recommendations 22–35 9

IV. Legislation 36–70 11

A. General principles of non-discrimination on the basis of sex 36–37 11

B. Andorran nationality 38–39 11

C. Political rights 40 12

D. Freedom of association 41–42 12

E. Right to institute court proceedings 43–45 12

F. Civil rights 46–49 13

G. Labour law 50–51 13

H. Right to health protection 52–54 14

I. Right to education 55–58 14

J. Right to social protection: the national social security system 59–61 14

K. Social services and the Andorra’s National Services Plan 62–63 15

L. Right to housing 64–65 15

M. Jurisprudence 66–70 15

V. Government measures 71–74 20

VI. Social protection of disabled persons 75–79 21

VII. Multilateral affairs and international cooperation 80–97 22

A. United Nations funds and programmes 81–92 22

B. UNESCO funds and programmes 93–97 25

VIII. Education Department 98–100 28

IX. Department of the Interior and the police services: care and protection of the

victims of violence 101 28

X. Housing Department 102–103 28

XI. Violence against women 104–130 28

Combating domestic violence 105–130 29

XII. Elimination of all forms of discrimination against women 131–237 34

A. Prostitution-related offences 133–135 34

B. International Covenant on Civil and Political Rights 136 35

C. Local administration 137–147 35

D. The Andorran parliament 148–151 39

E. The judiciary 152 40

F. The Government of Andorra 153–155 40

G. Offences 156 42

H. Parastatal enterprises 157–165 42

I. Political parties 166–171 44

J. Professional colleges and associations 172–175 45

K. Measures introduced by the Government 176–179 46

L. Actions implemented 180–237 46

XIII. Balancing family life and work 238–242 61

Government measures 241–242 61

XIV. Elimination of all forms of discrimination against women in health care 243–253 62

A. Health cover 245 62

B. HIV/AIDS 246 62

C. Information and prevention campaigns 247–249 62

D. Breast-cancer prevention programme 250–252 62

E. Government measures 253 63

XV. Elimination of all forms of discrimination against women in economic and

social life 254–263 63

A. Measures implemented 255–256 63

B. Social welfare benefits 257–260 63

C. Housing benefits allocated by the Housing Department 261–263 64

XVI. Elimination of all forms of discrimination against women in the civil field 264–272 64

XVII. Conclusion 273–280 66

Annexes

I. Tables of education indicators 68

II. Tables of employment indicators 69

List of tables

1. Adults receiving a disability benefit, by sex (2006) 21

2. Disabled persons affiliated to CASS (article 18), by sex (2006) 22

3. Disabled persons receiving an income support benefit, by sex (2006) 22

4. Trends in Andorra’s contributions to UNIFEM (2000-2006) 23

5. Trends in contributions to programmes in support of women (1999-2006) 23

6. Contributions to the campaign for girls’ education (2002 and 2004) 24

7. Contribution by Andorra to the campaign for the prevention of mother-to-child transmission of HIV/AIDS in Gabon (2005) 24

8. Contribution by Andorra to the project to establish a multi-purpose centre 25

9. Contribution by Andorra to WFP (Sudan, 2004) 25

10. Contribution by Andorra to WFP (Sudan, 2006) 25

11. Contribution by Andorra to the Education for All Programme (2004-2006) 25

12. Contribution by Andorra to IPDC 26

13. Summary of general data 27

14. Trends in the number of cases of domestic violence dealt with by the social services

(2002-2004) 29

15. Campaigns to promote awareness of violence against women (2001-2006) 30

16. Interventions by EAID, by field 32

17. Summary of the activities of EAID and its specialized services (2007) 33

18. Composition of the electorate, by town and sex (communal and national elections) 35

19. Distribution, by sex, of top political posts and specialized staff in the Comú de Canillo

(1999-2005) 36

20. Distribution, by sex, of top political posts and specialized staff in the Comú d’Encamp

(1999-2005) 36

21. Distribution, by sex, of top political posts and specialized staff in the Comú de la Massana

(1999-2005) 37

22. Distribution, by sex, of top political posts and specialized staff in the Comú de Sant Julià

(1999-2005) 38

23. Distribution, by sex, of top political posts and specialized staff in the Comú

d’Escaldes-Engordany (1999-2005) 38

24. Composition of the Andorran parliament, by sex and function (1999-2005) 39

25. Composition of the various judicial bodies, by sex (2002 and 2005) 40

26. Composition of the Government, by function and sex (1999, 2001 and 2005) 40

27. Composition of the police force, by function and sex (1999-2005) 41

28. Composition of prison personnel, by function and sex (1999-2005) 41

29. Composition of INAF staff, by function and sex (1999-2005) 42

30. Composition of RTVA staff, by function and sex (1999-2005) 43

31. Composition of CASS staff, by function and sex (1999-2005) 43

32. Composition of SAAS staff, by function and sex (1999-2005) 44

33. Composition of the governing bodies of associations, by function and sex (2002-2005) 46

34. Women’s association projects funded by the Ministry of Health and Welfare (2000-2007) 47

35. Distribution of educational establishments 50

36. Trends in the number of school enrolments, by sex and educational level (1997, 2001, 2005) 51

37. Gross enrolment rates 52

38. Trends in net enrolment rates 52

39. Trends in the number of enrolments in higher secondary education (preparation for the

baccalaureate), vocational training and non-university education abroad (1997, 2001, 2005) 53

40. Trends in gross enrolment rates in higher education, by sex (1997 and 2005) 53

41. Distribution of university students, by course of study and sex (1998 and 2005) 54

42. Number of pupils enrolled in EENSM, by sex (1997-2005) 56

43. Employment rates in Andorra, Spain and EU-25 (2005) 58

44. Indicator of inequalities in employment rates (1997 and 2005) 59

45. Indicator of wage inequalities (1997 and 2005) 60

46. Trends in average pension amounts in euros, by type of pension and sex (2000-2005) 60

47. Distribution of recipients of social service benefits, by sex (totals and percentages) (2003-2007)... 64

List of figures

1. Level of education, by sex 49

2. Level of education, by age group and sex 50

3. Distribution of enrolments 51

. 4. Trends in the university population 54

5. University courses preferred by women (1997 and 2003) 55

6. Trends in the distribution of men and women in managerial posts 57

7. Distribution of scholarship pupils 57

8. Trends in the total number of marriages (1997-2006) 66

Abbreviations and acronyms

CASS Caixa Andorrana de Seguretat Social (Andorran Social Security Fund)

CDA-S.XXI Centre Democràtic Andorrà–Segle XXI (Andorran Democratic

Centre-Century 21)

CRES Centre de Recerca Sociològica (Centre for Sociological Research)

EAID Equip d’Atenció Integral a les Dones víctimes de violència de gènere (Interdisciplinary Team on Gender Violence)

EENSM Escola Especialitzada de Nostra Senyora de Meritxell (Notre Dame de Meritxell Special School)

IEA Institut d’Estudis Andorrans (Institute for Andorran Studies)

INAF Institut Nacional Andorrà de Finances (Andorran National Financial Institute)

PAM World Food Programme

PAVD Protocol d’Actuació en casos de Violència Domèstica (Protocol for Action in Cases of Domestic Violence)

PIDC International Programme for the Development of Communication

PLA Partit Liberal d’Andorra (Liberal Party of Andorra)

PS Partit Socialista (Social Democratic Party)

RTVA Ràdio i Televisió d’Andorra (Andorra Radio and Television)

SAAS Servei Andorrà d’Atenció Sanitària (Andorran Health Service)

VA Verds d’Andorra (Andorra Green Party)

I. Introduction

1. Equality of opportunity is a further step towards equality before the law, recognized in article 6 of the Andorran Constitution. It means that all individuals are free and free in their choice of lifestyle and the way in which they cope with the events in their life, without their freedom being constrained by the fact of being a man or a woman.

2. By acceding on 15 January 1997 to the Convention on the Elimination of All Forms of Discrimination against Women, the Government of Andorra chose to guarantee men and women equality in the enjoyment of their economic, social, cultural, civic and political rights.

3. Following the general elections of 3 April 2011, the Ministry of Health and Welfare assumed responsibility for the promotion of women’s rights and gender equality. However, the new Government wishes to establish a crosscutting and multi-strategy approach to the issue.

4. The Consell General (Andorran parliament) currently has a membership of 15 women and 13 men, which proves that gender equality is central to political debates and priorities in Andorra.

5. This report, representing the combined second and third reports of Andorra, has been drawn up with the following aims in view:

(a) Main aim: to obtain information on the current state of implementation of the Convention in the Principality of Andorra;

(b) Specific aims:

(i) To identify key or relevant areas of potential discrimination against women in Andorra, with particular reference to access to the rights recognized in the Convention and to recognition and enjoyment of those rights;

(ii) To obtain information on the way adults living as a couple and/or with family responsibilities organize their everyday lives so as to determine whether there is a fair distribution of domestic and family tasks;

(iii) To understand patriarchal patterns of behaviour in Andorra and cultural stereotypes perpetuating a certain division of functions between men and women in the different areas of life, and to identify the main factors fostering such discrimination;

(iv) To promote participation by the general public, and women’s associations in particular, in the process of analysing the implementation of women’s rights in Andorra and putting forward proposals for action.

6. This study is based on a multi-strategy approach, in view of the complexity of the social context and the topic in question, which is discrimination as a multi-dimensional phenomenon.

7. Social indicators have been established in accordance with the guidelines on the form and content of reports to be submitted by Member States of the United Nations signatories to the international human rights treaties, set out in the Compilation of Guidelines on the Form and Content of Reports to be Submitted by States parties to the International Human Rights Treaties (HRI/GEN/2/Rev.1/Add.2) and a handbook on the preparation of national statistical reports on women and men.[1]

II. Chronology

8. In 2001, the Secretariat of State for the Family was set up and the Protocol for Action in Cases of Domestic Violence (PAVD) was adopted. On 22 June 2001, the official presentation of the Protocol took place, under the aegis of the Ministry of Health and Welfare and the Ministry of Justice and the Interior.

9. This marked a new approach to the issue of gender equality. In keeping with this approach, going further than the Protocol, the Government made a commitment to society to introduce specific policies aimed at promoting a fairer and more equal relationship between members of society.

10. The year 2001 saw strenuous efforts by the Government of Andorra to promote women’s rights. On 10 July 2001, it submitted Andorra’s initial report to the Committee on the Elimination of Discrimination against Women on the implementation and follow-up of the Convention on the Elimination of All Forms of Discrimination against Women.

11. Ratification of the Optional Protocol to the Convention for the Elimination of All Forms of Discrimination against Women followed in 2002.

12. In 2003 Andorra began participating in the Steering Committee for Equality between Women and Men (CDEG) of the Council of Europe and took part in the Council’s 5th European Ministerial Conference on Equality between Men and Women.

13. In 2004, a seminar was organized to prepare an action plan for the promotion of equal opportunities for women and men, the plan was adopted and Andorra participated in the meeting to prepare for the Review of the Implementation of the Beijing Platform for Action in Central and Eastern Europe.

14. In 2005, Andorra took part in the 49th session of the Commission on the Status of Women, and the Ministry of Health, Welfare and the Family was inaugurated.

15. In 2006, Andorra participated in the 6th Ministerial Conference on Equality between Women and Men of the Council of Europe, launched a participatory process for drawing up a national social welfare plan and gave its support to the Council of Europe’s campaign to combat violence against women, including domestic violence.

16. In 2007, the Housing Department and the Ministry of Health, Welfare and the Family were merged, and the Interdisciplinary Team on Gender Violence (EAID) was set up, together with a specialized police unit to provide support for women victims of abuse.

III. Implementation of the recommendations

A. Legislative measures

17. As already indicated, on 14 October 2002 the Government of Andorra deposited with the United Nations the instrument of ratification of the Optional Protocol to the Convention, which it ratified on 29 November of the same year (items 29 and 31 of the Committee’s recommendations).

18. It was followed by the adoption of the Llei sobre el contracte de treball (Employment Contracts Act No. 8/2003 of 12 June 2003), prohibiting and penalizing any form of discrimination by the employer, including discrimination based on sex. The same Act extends the rights to maternity or adoption leave already embodied in the Reglament laboral (Labour Regulations) (item 23 of the Committee’s recommendations).

19. In accordance with the Committee’s recommendations, the Andorran parliament adopted on 3 November 2004 the Llei qualificada[2] de modificació de la Llei qualificada del matrimoni (Qualified Act amending the Qualified Marriage Act). This new Act abolishes article 13 of the previous Act, a provision considered discriminatory requiring widowed and divorced women to wait for 300 days before remarrying, and amends articles 75 and 76 of the Llei del Registre Civil (Civil Registry Act) (item 25 of the Committee’s recommendations).

20. On 12 November 2004, Andorra also deposited the instrument of ratification of the revised European Social Charter, of which it accepted 19 articles and 10 paragraphs and which came into force on 1st January 2005 (items 21 and 23 of the Committee’s recommendations).

21. In addition, the Llei 9/2005 qualificada del Codi penal andorrà (Qualified Act No. 9/2005 [of 21 February 2005] on the Criminal Code) for the first time defines domestic abuse as an offence (item 25 of the Committee’s recommendations).

B. Other measures: programmes, projects and actions implemented

in response to the Committee’s recommendations

1. Dissemination of the Convention, its Optional Protocol, the Committee’s

concluding observations, the Beijing Declaration and Platform of Action, and

the conclusions of the 23rd extraordinary session of the United Nations General Assembly (item 31 of the Committee’s recommendations)

22. The Secretariat of State for the Family has ensured the widest possible circulation of the Convention, its Optional Protocol and the Committee’s concluding observations following presentation of the report, all translated into Catalan.

23. Conscious of the paucity of information on the situation of women in Andorra and the lack of gender disaggregated data in the various fields covered by the Convention, the Andorran Government in 2003 initiated a study entitled Dones i homes: Différents condicions de vida, dues realitats desiguals (Women and men: different living conditions, unequal situations) to obtain an overview of the situation of women in Andorra.

24. It emerges from this study that the collection of gender disaggregated data continues to represent a challenge for Andorran society.

25. Following the seminar to prepare a national action plan for promoting equal opportunities for women and men, which took place in Andorra la Vella on 27 and 28 January 2004, the Ministry of Health and Welfare set out the priority measures necessary to overcome cultural stereotypes and establish equality of opportunity.

26. The specific awareness-raising measures designed to eliminate traditional stereotypes that directly or indirectly perpetuate discrimination against women (items 16 and 17 of the Committee’s recommendations) were devised from a crosscutting standpoint since discrimination against women is encountered in various fields of public and private life. These measures have been incorporated in the following projects.

2. The campaign T’ho creus? (Do think it is possible?) to promote equality of opportunity (May-March 2005)

27. This campaign had two main aims: to increase public awareness of the gender-based preconceptions or stereotypes in Andorran society and to encourage a change of attitude in that regard among the Andorran population.

3. Educational community

28. Under the Pla d’acció per al foment de la igualtat d’oportunitats entre les dones i els homes (Action Plan to Promote Equality of Opportunity for Women and Men) and, in particular, the programme to combat domestic violence, several information and awarenessraising projects were drawn up, aimed at the general public, those professionally concerned with women victims of violence (lawyers, psychologists, doctors, nurses, social workers, etc), educators, parents, young people and adolescents.

29. In 2004 and 2007, 1,250 adolescents aged 15 to 16, from all the Andorran school systems, took part in the workshops. These were evaluated very positively by the participants, almost 90 per cent of whom thought it would be useful to continue the workshops and proposed that they should last longer.

30. In 2007 the workshops were focused on the Council of Europe’s campaign to combat violence against women, including domestic violence. Five hundred young people took part in them and drew up a manifesto rejecting violence against women. This manifesto received the support of over 4,000 individuals.

4. Survey on gender stereotypes and the perception of domestic violence among

the Andorran public, carried out by the Institut d’Estudis Andorrans (Institute

of Andorran Studies – IEA)

31. The survey on gender stereotypes among the Andorran population was designed with the dual purpose of analysing such stereotypes among the Andorran public and measuring the impact of the “T’ho Creus?” campaign.

32. The survey revealed the existence of a whole series of myths concerning violence and the fact that a problem with essentially structural, social and cultural roots, expressions and consequences is viewed in terms of individuals, its causes being regarded as behaviour and characteristics specific to a marginal section of the population. These findings alerted the Government to the need to continue organizing information and awareness campaigns on the subject of domestic violence.

5. Improving the vocational skills of women in vulnerable situations (items 21

and 23 of the Committee’s recommendations)

33. In 2004 and 2005, the Ministry of Health and Welfare, under the Pla d’acció per al foment de la igualtat d’oportunitats entre les dones i els homes (Action Plan to Promote Equality of Opportunity for Women and Men), adopted the following lines of approach: promotion of women’s social participation and leadership; the binomial: woman and work; and attention to vulnerable groups. The main aim of the project was to improve women’s vocational skills in order to increase their participation in the labour market and further their access to better paid jobs. Twenty-six women in all participated, drawn from the Ministry’s social services, Andorran women’s associations and other Andorran NGOs.

6. Cross-sectoral approach to the framing of policies and activities (item 18 of the Committee’s recommendations)

34. There is a readiness and resolve in a number of Government departments to develop programmes, projects and activities aimed at promoting and ensuring respect for the Convention on the Elimination of All Forms of Discrimination against Women, in collaboration with other non-governmental bodies.

7. Involvement of civil society (item 17 of the Committee’s recommendations)

35. In 2006, the Ministry of Health, Welfare and the Family and the Centre for Sociological Research (CRES) of the Institute of Andorran Studies (IEA) launched a participative process aimed at drawing up a national social welfare plan. There was a desire and need on the part of the Andorran Government to establish closer links with the population at large by undertaking a public consultation to shape and improve the Andorran social security system. Five topics were identified: the elderly, the disabled, gender issues, childhood and the family, which served as the basis for a participative process to elicit proposals for formulating the relevant national plan and for resource planning.

IV. Legislation

A. General principles of non-discrimination on the basis of sex

36. The human rights and fundamental freedoms of men and women in the political, economic, social, cultural and civic spheres are recognized and protected by the Constitution of the Principality of Andorra as well as by subsidiary legislation and regulation.

37. In this regard, the general principles governing article 6 of the Constitution of the Principality of Andorra recognize complete equality between all persons and prohibit any discrimination, inter alia on the basis of sex.

B. Andorran nationality

38. Legal basis:

(a) Llei qualificada de la nacionalitat (Qualified Act on Nationality), adopted by the Andorran parliament on 2 and 3 September 1993;

(b) Llei qualificada de la nacionalitat (Qualified Act on Nationality), adopted by the Andorran parliament on 5 October 1995;

(c) Llei 10/2004 qualificada de modificació de la Llei qualificada de la nacionalitat (Qualified Act No. 10/2004 [of 27 May 2004] amending the Qualified Act on Nationality);

(d) Decret legislatiu de publicació del text refós de la Llei qualificada de la nacionalitat (Legislative Decree of 28 March 2007 amending the Qualified Act [of 5 October 1995] on Nationality).

39. With regard to Andorran nationality, major legislative changes were introduced in 2004 under Act No. 10/2004 of 27 May 2004. The statute provides for a reduction from 25 to 20 years in the length of residence required in the Principality of Andorra in support of an application for naturalization and a reduction from 15 to 10 years for young people enrolled in an Andorran school during the period of compulsory education.

C. Political rights

40. The political rights of Andorran citizens are guaranteed under article 24 of the Constitution, which provides that “all adult Andorrans who are in full possession of their rights shall have the right to vote”. This principle of equality is enshrined in the Llei qualificada del règim electoral i del referèndum (Qualified Act on Elections and Referendums), adopted by parliament on 2 and 3 September 1993 and modified on 15 December 2000 by the Llei de modificació de la Llei qualificada del règim electoral i del referèndum (Act amending the Qualified Act on Elections and Referendums). Article 1 of this Act provides for equality with regard to the right to vote, and article 15 for equality as regards eligibility.

D. Freedom of association

41. Freedom of association is recognized under articles 17 and 18 of the Constitution of the Principality of Andorra. The Llei qualificada d’associacions (Qualified Act on Associations), adopted by parliament on 29 December 2000, grants freedom of association to persons of Andorran nationality, to foreigners residing legally in the Principality of Andorra and to corporate bodies constituted in accordance with Andorran law.

42. Moreover, freedom of association and hence freedom to form professional, employers’ and trade union associations were reinforced with the adoption on 30 June 2004 of the revised European Social Charter, in particular article 5.

E. Right to institute court proceedings

43. Article 10 of the Constitution of the Principality of Andorra recognizes the right to institute court proceedings and obtain a court order based in law, the right to due and impartial process, the right to defend oneself and obtain the advice of a lawyer, the right to trial within a reasonable time, the right to be presumed innocent and be informed of the charge, the right not to declare oneself guilty and not to make self-incriminating statements, and, in criminal proceedings, the right of appeal. In order to guarantee the principle of equality, the law makes provision for cases in which the administration of justice is free of charge.

44. An important legislative change took place in 1999 with the adoption on 22 April 1999 of the Llei qualificada de modificació de la Llei qualificada del Tribunal Constitucional (Qualified Act amending the Qualified Act on the Constitutional Court). Prior to the adoption of this Act, article 94 of the Llei qualificada del Tribunal Constitucional (Qualified Act [of 3 September 1993] on the Constitutional Court) did not allow an injured party to apply directly to the Constitutional Court. The individual had to apply in writing to the Office of the Public Prosecutor, requesting that the appeal be submitted subject to it being found constitutionally valid (recurs d’empara constitucional). In 1999, with the adoption of the Llei qualificada de modificació de la Llei qualificada del Tribunal Constitucional (Qualified Act amending the Qualified Act on the Constitutional Court), this restriction of the right to institute court proceedings was lifted. The new Act entitles every individual to appeal directly to the Constitutional Court for constitutional protection (recurs d’empara).

45. Mention should also be made of the Llei de modificació de la Llei transitòria de procediments judicials (Act [of 22 April 1999] amending the provisional Act on Judicial Procedure), which establishes an annulment procedure in the event of a violation of the fundamental right to institute court proceedings, recognized in article 10 of the Constitution. This procedure should precede the submission to the Constitutional Court of an appeal for constitutional protection (recurs d’empara).

F. Civil rights

46. Article 13.3 of the Constitution of the Principality of Andorra assigns equal rights and duties to spouses. This constitutional precept was developed subsequently by the Llei qualificada del matrimoni (Qualified Act [of 30 June 1995] on Marriage), modified by Llei 14/2004 qualificada de modificació de la Llei qualificada del matrimoni (Act No. 14/2004 [of 3 November 2004] amending the Qualified Act on Marriage).

47. In accordance with the principle of equality between men and women, article 8 of the Llei qualificada del matrimoni (Qualified Act on Marriage) assigns equal rights and duties to spouses.

48. As previously stated, article 13 of the Llei qualificada del matrimoni (Qualified Act on Marriage) was repealed following the adoption of the Llei de modificació de la Llei qualificada del matrimoni (Qualified Act amending the Qualified Act [of 30 June 1995] on Marriage), in accordance with the Committee’s recommendations.

49. With regard to the extension of civil rights, note may be made of the adoption by parliament of the Llei qualificada de les unions estables de parella (Qualified Act [of 21 February 2005] on Stable Conjugal Unions). This Act recognizes the conjugal union of two individuals, irrespective of the sex of those concerned, whether adults or emancipated minors, provided they are not directly related by consanguinity or adoption, or collaterally related within the fourth degree of consanguinity.

G. Labour law

50. The Llei sobre el Contracte de Treball (Employment Contract Act No. 8/2003 of 12 June 2003) prohibits any kind of discrimination on the grounds of birth, race, sex, sexual orientation, origin, religion, opinions or any other personal or social consideration. With regard to dismissal and compensation due by the employer, the employee has the right in the case of discriminatory dismissal to receive compensation or to demand reinstatement in the enterprise, together with reparation for the discriminatory act and compensation for the damage caused, to be fixed by the competent jurisdiction. It should also be noted that any unilateral decision by the employer involving possible discrimination is defined as a serious offence under the Llei sobre el contracte de treball (Employment Contract Act) and punishable with a fine of between 2,501 and 12,000 euros (articles 3, 75, 76, 95 and 98 of the same Act).

51. With regard to application of the precepts of the Convention on the Elimination of All Forms of Discrimination against Women, Andorra has fully ratified the following articles of the revised European Social Charter: 1 (The right to work), 2 (The right to just conditions of work), 4 (The right to a fair remuneration), 8 (The right of employed women to protection of maternity), 9 (The right to vocational guidance), 10 (The right to vocational training), 11 (The right to protection of health), 12 (The right to social security), 13 (The right to social and medical assistance), 14 (The right to benefit from social welfare services), 20 (The right to equal opportunities and equal treatment in matters of employment and occupation without discrimination on the grounds of sex), 26 (The right to dignity at work) and 30 (The right to protection against poverty and social exclusion). Andorra has partially ratified article 19 (The right of migrant workers and their families to protection and assistance) (paras. 1, 3, 5, 7, 9, 11 to 15 and 17) and article 31 (Right to housing) (paras. 1 and 2).

H. Right to health protection

52. Article 30 of the Constitution of the Principality of Andorra recognizes the right to health protection.

53. It is guaranteed by the Llei General de Sanitat (General Health Act) adopted by parliament on 20 March 1989. Practical enjoyment of the right to health protection, without discrimination based on sex, is conditional only on effective legal residence in the Principality of Andorra.

54. Article 15 of this Act defines the specific measures to protect the health of mother and child in the framework of health programmes.

I. Right to education

55. Article 20 of the Constitution of the Principality of Andorra recognizes the right of all to education.

56. Part I of the Llei qualificada d’educació (Qualified Act on Education) recognizes and guarantees the equal right of all to education, namely the right to basic education and higher levels of education.

57. Article 7 of the same Act grants each child the right to attend school from the age of three if the parents or guardian so request.

58. Article 60 of chapter 6 of Part II of the same Act also refers to equality of opportunity when it states that the aim of continuing education for adults is to provide basic training that ensures equality of opportunity in the training field.

J. Right to social protection: the national social security system

59. The national social security scheme is defined in the General Regulations, Administrative Regulations, Financial Regulations, Technical Regulations and Implementation Regulations No. 1 to 14 of the Andorran Social Security Fund (CASS), adopted by parliament under Ordinance No. 4 of 12 July 1966. Subsequently, by decree of the Co-Princes, Andorra adopted a dispute settlement regulation on 29 December 1967 and implementation regulations No. 15 to 18 on 7 November 1968. The parliament finally decreed the entry into force of the social security system on 1st March 1968.

60. The Andorran social security scheme provides for the compulsory affiliation of all wage-earners working in Andorra and for the optional affiliation of some categories of persons provided they are permanently resident in Andorra. This social security scheme provides beneficiaries and their dependants with health insurance cover including sickness, maternity, work accident, disability and death risks, as well as old-age benefits in the form of contributory pensions.

61. Apart from amendments over the years to certain enabling regulations, mention should be made of the adoption in 2006 of the Llei de mesures urgents i puntuals de reforma del sistema de seguretat social (Act No. 4/2006 [of 7 April 2006] on urgent ad hoc measures to reform the social security system), which extended the duration of health cover for the unemployed to 120 days maximum, fixed the orphans pensions at no less than 30 per cent of the minimum wage, and increased the lower end of widows’ allowances to 50 per cent of the minimum wage and the amount of the maternity benefit to the equivalent of 100 per cent (no longer 90 per cent) of 1/180 per cent of the last six months’ wages preceding the maternity leave.

K. Social services and Andorra’s National Services Plan

62. Currently, there is no specific law in Andorra pertaining to social services. However, Andorra has a Pla Nacional de Serveis (National Services Plan), adopted by the Government at its meeting on 25 September 1995 and developed by the Reglament de les prestacions d’assistència social (Social Welfare Benefits Regulation of 20 November 1996). This Plan places special emphasis on the eligibility criteria for benefits. Subparagraph (f) of article 5 specifically mentions non-discrimination between the sexes.

63. With regard to social services, mention should be made of the Llei de Garantia dels drets de les persones amb discapacitat (Rights of Disabled Persons Act), adopted by parliament on 17 October 2002. The main purpose of this Act is to safeguard the human dignity of persons with disabilities, and thereby ensure that they are able to enjoy their rights and freedoms and fulfil their duties as citizens. It also aims to avoid all forms of discrimination based on disability.

L. Right to housing

64. The right to decent housing is recognized and guaranteed under article 33 of the Andorran Constitution. The authorities must endeavour to ensure that the necessary conditions exist to enable everyone to enjoy that right. The Government accordingly adopted the Reglament d’ajuts a l’habitatge de lloguer (Regulation of 30 March 2005 on Rented Accommodation Allowances). On 16 June 2004, it set up the Housing Department and on 27 October of the same year the Inter-Ministerial Housing Commission.

65. Since the presentation of the initial report to the Committee at its 516th, 517th and 523rd sessions on 10 and 13 July 2001, several legislative measures have been adopted to combat discrimination against women and its manifestations. In accordance with the Committee’s recommendations, article 13 of the Llei qualificada del matrimoni (Qualified Act [of 30 June 1995] on Marriage) has been repealed. For the first time, the Andorran Criminal Code penalizes domestic abuse, has increased the sentences for the offence of discrimination and has reduced the penalties in the case of abortion.

M. Jurisprudence

66. State activities in the legislative sphere include the adoption of the following laws:

(a) Political rights:

(i) Llei qualificada de modificació dels articles 6.1 i 7.1 de la Llei qualificada del règim electoral i del referèndum (Qualified Act [of 26 November 1999], amending articles 6.1 and 7.1 of the Qualified Act on Elections and Referendums;

(ii) Llei de modificació de la Llei qualificada del règim electoral i del referèndum (Act [of 15 December 2000] amending the Qualified Act on Elections and Referendums;

(iii) Llei qualificada de finançament electoral (Qualified Act [of 11 December 2000] on the Financing of Election Campaigns);

(iv) Llei qualificada d’associacions (Qualified Act [of 29 December 2000] on Associations;

(b) Civil rights:

(i) Llei d’arrendaments de finques urbanes (Urban Property Rental Act of 30 June 1999);

(ii) Llei 12/2004 de propietat horitzontal (Condominiums Act No. 12/2004 of 30 June 2004);

(iii) Llei 14/2004 qualificada de modificació de la Llei qualificada del matrimoni (Qualified No. 14/2004 [of 3 November 2004], amending the Qualified Act on Marriage);

(iv) Llei 4/2005 qualificada de les unions estables de parella (Qualified Act No. 4/2005 [of 21 February 2005] on Stable Conjugal Partnerships);

(c) Public freedoms: Llei 15/2003 qualificada de protecció de dades personals (Qualified Act No. 15/2003 [of 18 December 2003] on the Protection of Personal Data);

(d) Justice:

(i) Llei qualificada de modificació del Codi Penal (Qualified Act [of 27 November 1997] amending the Criminal Code);

(ii) Llei qualificada de modificació del Codi de procediment penal (Qualified Act [of 10 December 1998] amending the Code of Criminal Procedure);

(iii) Llei qualificada de la jurisdicció de menors, de modificació parcial del Codi penal i de la Llei qualificada de la Justícia (Qualified Act [of 22 April 1999] on Juvenile Justice, partially amending the Criminal Code and the Qualified Act on Justice);

(iv) Llei de modificació de la Llei transitòria de procediments judicials (Act [of 22 April 1999] amending the Provisional Judicial Procedure Act);

(v) Llei de cooperació penal internacional i de lluita contra el blanqueig de diners o valors producte de la delinqüència internacional (Act of 29 December 2000 on International Cooperation in Combating Crime, Money-laundering and the Product of International Crime);

(vi) Llei de modificació de la Llei qualificada del Tribunal Constitucional de 3 de setembre del 1993 (Act of 20 June 2002 amending the Qualified Act [of 3 September 1993] on the Constitutional Tribunal);

(vii) Llei qualificada 9/2005 del Codi penal (Qualified Act No. 9/2005 [of 21 February 2005] on the Criminal Code). For the first time, domestic abuse is defined as an offence (arts. 113 and 114), sentences for criminal acts of discrimination are increased (art. 338), the scope of discriminatory motivation is extended, and sentences for abortion and concealment of evidence, previously classified as an offence in the 1989 Criminal Code, are reduced;

(viii) Qualified Act No. 10/2005 [of 21 February 2005], amending the Code of Criminal Procedure;

(e) Institutions:

(i) Llei de creació i funcionament del raonador del ciutadà (Act [of 4 June 1998] on the Establishment and Work of the Ombudsman of the Principality of Andorra);

(ii) Llei del Tribunal de comptes (Court of Auditors Act of 9 November 2000);

(iii) Llei de la radiodifusió i televisió pública i de creació de la societat pública Ràdio i Televisió d’Andorra, SA (Act [of 13 April 2000] on Public Broadcasting and Television and the Incorporation of the Public Company Ràdio i Televisió d’Andorra SA);

(f) Administration:

(i) Llei del Codi de Duana (Customs Code Act of 20 June 1996);

(ii) Llei de contractació pública (Public Contracts Act of 9 November 2000);

(iii) Llei de la Funció Pública (Civil Service Act of 15 December 2000);

iv) Llei 9/2003 del patrimoni cultural d’Andorra (Andorran Cultural Heritage Act No. 9/2003 of 12 June 2003);

(v) Llei 5/2004 de modificació del Codi de Duana (Act No. 5/2004 [of 14 April 2004] amending the Customs Code);

(vi) Llei 8/2004 qualificada del Cos de Policia (Qualified Act No. 8/2004 [of 27 May 2004] on the Police);

(vii) Llei 8/2005 dels agents de circulació comunals (Communal Traffic Agents Act No. 8/2005 of 21 February 2005);

(viii) Llei 9/2004 de la Funció Pública de l’Administració de Justícia (Administration of Justice Act No. 9/2004 of 27 May 2004);

(ix) Llei 10/2004 qualificada de modificació de la Llei qualificada de la nacionalitat (Qualified Act No. 10/2004 [of 27 May 2004], amending the Qualified Act on Nationality);

(g) Immigration/labour:

(i) Llei qualificada de residències passives (Qualified Act [of 30 May 1995] on Passive Residence);

(ii) Llei qualificada de modificació de la Llei qualificada de residències passives (Qualified Act [of 28 November 1996], amending the Qualified Act on Passive Residence);

(iii) Llei qualificada d’immigració (Qualified Act [of 14 May 2002] on Immigration);

(iv) Llei sobre el contracte de treball (Employment Contract Act of 12 June 2003);

(v) Llei 21/2004 del 14 de desembre, qualificada de mesures d’adaptació de la Llei qualificada d’immigració, de 14 de maig del 2002, al règim transitori d’accés al mercat del treball establert entre la Unió Europea i els nous estats membres (Qualified Act No. 21/2004 [of 14 December 2004] on Measures to Adapt the Qualified Act on Immigration [of 14 May 2002] to the Transitional Arrangements for Access to the Labour Market, Established between the European Union and New Member States);

(h) Health:

(i) Llei reguladora de la gestió i l’organització administrativa de la CASS (Act [of 18 December 1997] regulating the management and administrative organization of the Andorran Social Security Fund (CASS);

(ii) Llei de modificació de l’article 2 del reglament d’aplicació núm. 6 i dels articles 3 i 4 del reglament d’aplicació núm. 10 de la CASS (Act [of 18 December 1997] amending article 2 of enabling regulation No. 6 and articles 3 and 4 of enabling regulation No. 10 of CASS);

(iii) Llei de regulació del períodes de descans, per maternitat o per adopció dels treballadors assalariats (Act [of 22 June 2000] regulating the maternity or adoption leave of employees);

(iv) Llei de garantia dels drets de les persones amb discapacitat (Act [of 17 October 2002] Guaranteeing the Rights of Persons with Disabilities);

(v) Llei 15/2004 qualificada d’incapacitació i organismes tutelars (Qualified Act No. 15/2004 [of 3 November 2004] on Incapacity and the Tutelary Agencies);

(i) Education:

(i) Llei d’universitats (Universities Act of 30 June 1997);

(ii) Llei de l’esport (Sports Act of 30 June 1998);

(iii) Llei de desenvolupament dels principis bàsics de l’estructura i l’organització de la Universitat d’Andorra (Act [of 28 June 2002] on Development of the Basic Principles concerning the Structure and Organization of the University of Andorra);

(iv) Llei d’ajuts a l’estudi (Study Support Act of 28 June 2002);

(j) Agriculture: Llei d’agricultura i ramaderia (Agriculture and Livestock Farming Act of 22 June 2000).

67. Llei 14/2004 qualificada de modificació de la Llei qualificada del matrimoni (Qualified Act No. 14/2004 [of 3 November 2004], amending the Qualified Act on Marriage) removes the provision requiring widows to wait 300 days before remarrying.

68. Llei 4/2006 de mesures urgents i puntuals de reforma del sistema de seguretat social (Act No. 4/2006 [of 7 April 2006] on Urgent Ad Hoc Measures to Reform the Social Security System) extends health cover for unemployed beneficiaries to a maximum of 120 days, fixes orphans pensions and widows allowances at 30 per cent and 50 per cent respectively of the minimum wage and increases the maternity leave allowance.

69. During the reporting period, the Principality of Andorra adopted the following international human rights conventions:

(a) International treaties of the United Nations:

(i) Convention on the Rights of the Child, signed on 2 October 1995, ratified on 2 January 1996 and entered into force on 1st February 1996;

(ii) Convention on the Elimination of All Forms of Discrimination against Women, adopted on 15 January 1997 and entered into force on 14 February 1997;

(iii) Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women, ratified on 14 October 2002 and entered into force on 14 January 2003;

(iv) Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, signed on 7 September 2000, ratified on 30 April 2001 and entered into force on 12 February 2002;

(v) Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, signed on 7 September 2000, ratified on 30 April 2001 and entered into force on 18 January 2002;

(vi) Rome Statute of the International Criminal Court, signed on 18 July 1998, ratified on 30 April 2001 and entered into force on 1st July 2002;

(vii) International Covenant on Civil and Political Rights, signed on 5 August 2002 and entered into force on 22 December 2006;

(viii) Optional Protocol to the International Covenant on Civil and Political Rights, signed on 5 August 2002 and entered into force on 22 December 2006;

(ix) Second Optional Protocol to the International Covenant on Civil and Political Rights, signed on 5 August 2002 and entered into force on 22 December 2006;

(x) Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, signed on 5 August 2002 and entered into force on 22 October 2006;

(xi) Convention on the Elimination of All Forms of Racial Discrimination, signed on 5 August 2002 and entered into force on 22 October 2006;

(b) International treaties of the Council of Europe:

(i) European Convention for the Protection of Human Rights and Fundamental Freedoms (Rome, 4 November 1950), signed on 10 November 1994, ratified on 22 January 1996 and entered into force on 22 January 1996;

(ii) Additional Protocol No. 6 to the European Convention for the Protection of Human Rights and Fundamental Freedoms, entered into force on 1st February 1996;

(iii) Additional Protocol No. 11 to the European Convention for the Protection of Human Rights and Fundamental Freedoms, signed on 10 November 1994, ratified on 22 January 1996 and entered into force on 1st November 1998;

(iv) Additional Protocol No. 13 to the European Convention for the Protection of Human Rights and Fundamental Freedoms, concerning the abolition of the death penalty in all circumstances, entered into force on 1st July 2003;

(v) European Agreement relating to Persons Participating in Proceedings of the European Court of Human Rights, signed and ratified on 24 November 1998 and entered into force on 1st January 1999;

(vi) European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, signed on 10 September 1996, ratified on 6 January 1997 and entered into force on 1st May 1997;

(vii) Protocol No. 1 to the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, signed on 4 November 1999, ratified on 13 July 2000 and entered into force on 1st March 2002;

(viii) Protocol No. 2 to the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, signed on 4 November 1999, ratified on 13 July 2000 and entered into force on 1st March 2002;

(ix) European Convention on Extradition, signed on 11 May 2000, ratified on 13 October 2000 and entered into force on 11 January 2001;

(x) Accession to the European Commission for Democracy through Law on 1st February 2000;

(xi) Revised European Social Charter, ratified on 30 June 2004 (adoption of 19 articles and 10 of its 31 paragraphs) and entered into force on 1st January 2005;

(xii) Convention on the Prevention and Punishment of the Crime of Genocide, entered into force on 21 December 2006;

(xiii) Additional Protocol to the European Convention for the Protection of Human Rights and Fundamental Freedoms, amended in accordance with the provisions of Protocol No. 11, entered into force on 6 May 2008;

(xiv) Protocol No. 4 to the European Convention for the Protection of Human Rights and Fundamental Freedoms, which recognizes rights and freedoms other than those mentioned in the Convention and the first Additional Protocol to the Convention, amended in accordance with the provisions of Protocol No. 11, entered into force on 6 May 2008;

(xv) Protocol No. 7 to the European Convention for the Protection of Human Rights and Fundamental Freedoms, amended in accordance with the provisions of Protocol No. 11, entered into force on 1st August 2008;

(xvi) Protocol No. 12 to the European Convention for the Protection of Human Rights and Fundamental Freedoms, amended in accordance with the provisions of Protocol No. 11, entered into force on 1st September 2008;

(xvii) Protocol No. 14 to the European Convention for the Protection of Human Rights and Fundamental Freedoms, amended in accordance with the provisions of Protocol No. F1, entered into force on 1st June 2010;

(xviii) Council of Europe Convention on Action against Trafficking in Human Beings, entered into force on 1st July 2011;

(c) Treaties signed and awaiting ratification:

(i) Convention on the Rights of Persons with Disabilities (27/04/07);

(ii) Optional Protocol to the Convention on the Rights of Persons with Disabilities 27/04/07).

70. The legislative work and parliamentary debates conducted by the Andorran Parliament between 1997 and 2005 on the content of the Convention on the Elimination of All Forms of Discrimination against Women focused on two main areas:

(a) Progress in the implementation of the Convention in Andorra (implementation of the content of the Convention and the advancement of women);

(b) Position of Andorra as a country respectful of human rights and the rule of law.

V. Government measures

71. On 6 June 2001, the Andorran Government appointed by decree the first Secretariat of State for the Family, on the proposal of the Ministry of Health and Welfare. The Secretariat of State for the Family was conceived as a single, clearly defined structure, encompassing all issues relating to women.

72. On 22 June 2001, the official presentation of the Protocol for Action in Cases of Domestic Violence took place, under the aegis of the Ministry of Health and Welfare and the Ministry of Justice and the Interior. The Protocol is designed as a procedural instrument for coordinating the various activities of agents in this field, with the aim of applying effective solutions to the problem of domestic violence in Andorra.

73. The initial budget (2001) for the Protocol was set at €155,278.14, a figure subsequently approved by the Andorran Parliament on 16 January 2002.[3]

74. In February 2004, the Secretary of State for the Family under the Ministry of Health and Welfare redefined the strategic lines to be followed in drawing up the national plan of action to promote equality of opportunity between women and men:

(a) Encouragement of women’s social participation and leadership;

(b) Combating violence;

(c) The binomial: woman and work;

(d) Attention to vulnerable groups: in particular single women with family responsibilities and elderly women;

(e) Incorporation of the gender perspective in other Government departments as a crosscutting theme when designing actions.

VI. Social protection of disabled persons

75. In the legislative field, the first Andorran legal provision concerning disabled persons was the Llei de creació d’una pensió per a minusvàlids físics o psíquics adults (Act establishing a disability benefit for physical or psychological handicap for adults), adopted in 1983. This Act regulated the procedure and criteria for access to this non-contributory benefit, designed to promote social integration and provide health cover for disabled persons in Andorra (Andorran citizens or foreigners resident in Andorra for three years or more). This Act was subsequently repealed. However a Government pension is paid to persons still entitled to a disability benefit. The distribution of recipients of this benefit is as follows.

Table 1

Adults receiving a disability benefit, by sex (2006)



Amount of the benefit
Women
85
€287.36/monthly (net)
Men
72
Total
157

Source: Ministry of Health, Welfare and the Family.

76. The Llei de garantia dels drets de les persones amb discapacitat (Rights of Disabled Persons Act) was adopted on 17 October 2002. It is innovative and differs from the previous law in being comprehensive and designed to meet all the needs of disabled persons. It stipulates that integration of the disabled should involve access to health-care, education, housing, employment, the welfare system and social services. Article 20, in particular, provides for the creation of an income support allowance, and article 18 for the affiliation of disabled persons to CASS.

77. Article 18 guarantees affiliation to the social security system of disabled persons aged 18 to 65 (through a payroll charge), subject to the condition that the contribution can never be lower than that corresponding to the minimum wage fixed by employment legislation.

Table 2

Disabled persons affiliated to CASS (article 18), by sex (2006)



Amount of the benefit
Women
51
18 per cent of basic salary
(€155.68/month)
Men
58
Total
109

Source: Ministry of Health, Welfare and the Family.

78. Article 20 makes provision for an income support system for persons aged 18 to 64 who, because of severe disability, cannot work or who, as a result of their handicap, experience great difficulty in finding or retaining employment and who lack the wherewithal to live. The minimum amount of this benefit cannot be lower than half the minimum wage fixed by employment legislation.

Table 3

Disabled persons receiving an income support benefit, by sex (2006)



Amount of the benefit
Women
28
18 per cent of basic salary
(€155.68/month)
Men
19
Total
47

Source: Ministry of Health, Welfare and the Family.

79. As for social benefits, the Reglament de les prestacions d’assistència social (Regulation of 20 November 1996 on social welfare benefits) sets out in article 5.4 of chapter 2 the conditions and criteria that disabled persons must meet in order to submit an application. The social benefits in question are: assistance in acquiring technical aids, individual help to cope with specific emergency situations, and housing assistance (in a specialized institution or private accommodation).

VII. Multilateral affairs and international cooperation

80. Since 2004, the Andorran Government has prioritized the funding of international cooperation programmes in developing countries that take the gender perspective into account in their design, implementation and outcomes. The funds are invested in United Nations funds and programmes, UNESCO programmes and other international cooperation programmes in support of women.

A. United Nations funds and programmes

1. Commission on the Status of Women (CSW)

81. In 1999, under voluntary contributions to United Nations funds and programmes, Andorra donated 11,252.39 euros[4] to the Commission on the Status of Women.

2. United Nations Development Fund for Women (UNIFEM)

82. Andorra’s contribution to UNIFEM were as follows.

Table 4

Trends in Andorra’s contributions to UNIFEM (2000-2006)

Year
Amount in euros
2000
11 815.01
2001
12 490.15
2002
12 575.96
2003
13 431.00
2004
16 000.00
2005
20 000.00
2006
25 000.00

Source: Ministry of Foreign Affairs.

83. The table below shows the contributions made since 1999 to funds and programmes in support of women and indicates the percentage they represent in terms of the total cooperation and development budget (in euros).

Table 5

Trends in contributions to programmes in support of women (1999-2006)

Year
Total cooperation budget
Total amount contributed
to United Nations funds
and programmes
Amount contributed to
CSW and UNIFEM
Percentage increase compared with the previous year
Percentage in terms
of the total
cooperation budget
1999
298 367.47
117 918.69
11 252.39
---
3.77
2000
485 212.49
124 563.97
11 815.01
5
2.43
2001
426 037.37
131 844.27
12 490.15
5.71
2.93
2002
466 701.62
132 698.53
12 575.96
0.68
2.69
2003
500 515.52
151 827.00
13 431.00
6.79
2.68
2004
583 850.00
178 000.00
16 000.00
19.12
2.74
2005
873 491.79
226 000.00
20 000.00
25
2.29
2006
1 060 085.48
320 000.00
25 000.00
25
2.35

Source: Ministry of Foreign Affairs.

3. UNICEF girls’ education campaign

84. The Andorran contribution helped to improve some 5,000 schools in the most disadvantaged areas through the provision of 1,037 desks.

85. Part of the contribution also funded a consultant hired to carry out an internal assessment of the African Girls’ Education Initiative (AGEI) as well as the transport costs arising from the external evaluation phase. The two evaluation phases proved essential by enabling the effectiveness and impact of the initiatives to be gauged, together with the activities designed to promote gender equality by improving girls’ access to basic education.

86. A dialogue has currently been established with UNICEF at macro level, which, together with policies and strategies for the development of girls’ education, should guide future actions aimed at eliminating gender inequality in primary and secondary education by 2015 with a view to attaining one of the Millennium Development Goals.

87. This educational project by UNICEF has helped to improve the lives of a whole generation of women as well as the prospects of the new generation, namely the children of those women who have been able to enjoy the right to education.

Table 6

Contributions to the campaign for girls’ education (2002 and 2004)

Financial year
Amount in euros
2002
50 000.00
2004
13 180.00

Source: Ministry of Foreign Affairs.

4. Campaign by UNICEF and the P4 group to prevent mother-to-child

transmission of HIV/AIDS in Gabon

88. To boost their impact and visibility, the Permanent Missions to the United Nations of the small European states (P4 group) joined forces to participate in the UNICEF’/UNAIDS campaign (Joint United Nations Programme on HIV/AIDS) to reduce the impact of the AIDS pandemic on children.

89. This initiative proved particularly valuable, since it highlighted certain geopolitical criteria of international cooperation involving the provision of aid to a small country like Gabon. The main aim of the UNICEF’/UNAIDS programme is to prevent mother-to-child transmission of the AIDS virus and provide treatment suitable for children.

90. The P4 group consists of Andorra, Monaco, Liechtenstein and San Marino. The Government of Andorra contributed $35,000 annually to this campaign over a period of two years, the first contribution having been paid in 2006 against the budget for 2005.

Table 7

Contribution by Andorra to the campaign for the prevention of mother-to-child transmission of HIV/AIDS in Gabon (2005)

Financial year
Amount in euros
2005
29 932.44

Source: Ministry of Foreign Affairs.

5. UNDP project to establish a multi-purpose centre for women in the rural

community of Tafajight in Morocco

91. This project is aimed at creating a social infrastructure for girls, children of preschool age and women in the rural community of Tafajight in Morocco. This centre will serve as a facility for leisure activities, exchanges, literacy education and incomegeneration training and as a children’s playground. It could also be used as a headquarters by women’s associations and cooperatives in the region.

Table 8

Contribution by Andorra to the project to establish a multi-purpose centre

Financial year
Amount in euros
2006
35 000.00

Source: Ministry of Foreign Affairs.

6. Humanitarian emergencies and practical assistance in defence of women’s

rights

Emergency operation by the World Food Programme (WFP) in Sudan

92. The Department of Development Cooperation participated in the WFP emergency operation to provide food to the victims of the war in the Darfur region of Sudan.

Table 9

Contribution by Andorra to WFP (Sudan, 2004)

Financial year
Amount in euros
2004
30 000.00

Source: Ministry of Foreign Affairs.

Table 10

Contribution by Andorra to WFP (Sudan, 2006)

Financial year
Amount in euros
2006
30 000.00

Source: Ministry of Foreign Affairs.

B. UNESCO funds and programmes

1. Education for All

93. Voluntary contribution to the Education for All programme: development of school programmes for girls’ and women’s education in the French-speaking African States.

94. In 2005, the Government of Andorra made a voluntary contribution of €25,000 to the project for strengthening the capacities of women and girls in rural areas in Niger under the Education for All programme.

95. In 2006, the Government of Andorra made a further voluntary contribution of €25,000 to the Education for All programme.

Table 11

Contribution by Andorra to the Education for All Programme (2004-2006)

Financial year
Amount in euros
2004
20 000.00
2005
25 000.00
2006
25 000.00

Source: Ministry of Foreign Affairs.

2. Voluntary contribution to the International Programme for the Development of Communication in Afghanistan

96. The International Programme for the Development of Communication (IPDC) is a specialized programme focused exclusively on the establishment of media in developing countries. IPDC is based on the principle that freedom of expression is only meaningful when it rests on a wide range of media (newspapers, radio and television channels). Activities in the framework of IPDC include the introduction of community radio networks and newspapers for women in rural communities.

97. In Afghanistan, the project involved introducing the Internet in the Maimana rural community’s radio station, which is managed by women.

Table 12

Contribution by Andorra to IPDC

Financial year
Amount in euros
2006
14 000.00

Source: Ministry of Foreign Affairs.

Table 13

Summary of general data

(In euros)

Financial year
Total
Government
budget
Total budget of the Ministry of Foreign Affairs, Culture
and Cooperation
Total budget of
the Department
of Development Cooperation
Contributions to women’s projects
Ccontributions to women’s
projects as a percentage
of the Government budget
Contributions to women’s
projects as a percentage of the budget of the Minister of Foreign Affairs, Culture and Cooperation
Contributions to women’s
projects as a percentage of the development cooperation budget
1999
177 637 292
3 215 847.50
298 367.47
11 252.39
0.006
0.35
3.77
2000
197 905 966
6 641 241.30
485 212.49
11 815.01
0.005
0.18
2.43
2001
358 732 897
4 500 060.51
426 037.37
12 490.15
0.003
0.28
2.93
2002
244 738 572
5 679 031.59
466 701.62
62 575.96
0.025
1.10
13.40
2003
245 771 917
5 310 847.10
500 515.52
94 431.00
0.038
1.77
18.86b
2004
275 596 647
5 380 005.74
583 850.00
79 180.00
0.028
1.47
13.56
2005
484 859 000
6 204 651.49c
873 491.79
74 932.44
0.015
1.20
8.57
2006
340 496 271
6 591 538.61d
1 060 085.48
129 000.00
0.037
1.96
12.16

a Contributions to women’s projects. Does not include contributions by the Ministry of Health, Welfare and the Family, totalling €478,751.45 for the period 1997-2006.

b This increase reflects the addition of the WWF project, financed in the amount of €81,000 during the corresponding financial period.

c Total budget of the Ministry of Foreign Affairs, Culture and Cooperation in 2005, including the budget of the Department of Culture, namely €10,662,462.49.

d Total budget of the Ministry of Foreign Affairs, Culture and Cooperation in 2006, including the budget of the Department of Culture, namely €11,719,372.81.

VIII. Education Department

98. Collaboration between the Department of Welfare and the Family and the Education Department produced two initiatives in 2003 and 2004.

99. Since 2003 single mothers have received special treatment, the resource limit for a grant having been increased by 25 per cent. (In the 2005-2006 school year, for example, the resource limit for a single-parent family consisting of a mother and dependent child, was approximately €1,508/month).

100. In 2004 the Education Department also launched an information campaign to raise awareness among the educational community of the importance of coeducation in overcoming gender-based stereotypes and discrimination.

IX. Department of the Interior and the police services: care

and protection of the victims of violence

101. The Department of Welfare and the Family has worked closely with the Police, beginning in 2007, to establish and strengthen a specialized team within the offencesagainst-the-person unit responsible for intervening in support of women victims of domestic violence.

X. Housing Department

102. On 30 March 2005, the Government of Andorra adopted the Decret d’aprovació del Reglament d’ajuts a l’habitatge de lloguer (Decree approving the Rented Accommodation Assistance Regulation[5]), aimed at developing policies in keeping with Andorran realities to offset the trend for rents to rise and to improve access to and upkeep of main residences. The Government places special emphasis on young people, the elderly, single-parent families and disabled persons.

103. Among the positive aspects of this regulation, article 4 provides that aid is compatible with the receipt of local authority grants, provided the total amount of such payments does not exceed 35 per cent of the monthly rental, as well as with study grants and social welfare benefits from the various ministries.

XI. Violence against women

104. The Principality of Andorra does not have any special temporary measure or provision aimed at establishing de facto equality between men and women. However, the adoption of such a measure may be regarded as consistent with the provisions of the Andorran Constitution with respect to equality and non-discrimination on the basis of sex.

Combating domestic violence

105. The trend in the number of detected cases of domestic violence requiring the intervention of the social services of the Department of Welfare and the Family is as follows.

Table 14

Trend in the number of cases of domestic violence dealt with by the social services (2002-2004)

Year
Total number of cases in which the
social services intervened
Total number of new cases
2002
114
114
2003
201
183
2004
89
79
2005
99
88
2006

63
2007
105
92

Compiled internally

Source: Domestic Violence Register of the Ministry of Health, Welfare and the Family.

Numbers of cases of domestic violence relative to the total female population aged

16 to 65 (2007)

106. In 2007, 32 out of every 10,000 women aged 16 to 65 resident in Andorra had recourse to the services caring for women victims of violence.

107. The problem of domestic violence is one that mainly concerns women. However, 12 men requested help in that regard for every 100 women doing so.

108. Since it became aware of the concluding observations of the Committee, the Government of Andorra has made combating domestic violence one of its declared priorities. It has accordingly given prominence to the Pla d’acció per al foment de la igualtat d’oportunitats entre els homes i les dones (Action Plan to Promote Equality of Opportunity for Women and Men), a national plan aimed at preventing violence against women, particularly domestic violence, and providing care, treatment and rehabilitation for women victims of domestic violence in Andorra. In 2007, the budget for this Action Plan was €299,261.03.

Trend in offences against the person involving acts of violence against women

109. The increase between 1997 and 2005 in the number of cases of domestic abuse tried by the Batllia d’Andorre (court of the first instance) is a reliable indicator of the impact of changes in the way abuse is dealt with by the law and of the result of Government measures to inform and alert the public as well as professionals in the field.

110. Thus there was a relative increase of 429 per cent in the number of offences of abuse tried between 1997 and 2000.

Aims of the plan of action to combat domestic violence

111. The general aims are:

(a) To combat domestic violence as an obstacle to women’s full enjoyment of their rights and their autonomy;

(b) To promote measures to bring about equality of opportunity between women and men.

112. Specific aims are defined for each general objective, to serve as a guide to the activities and projects implemented, for example:

(a) Encourage activities that alert and inform the public and professionals in the field about domestic violence.

(b) Ensure comprehensive care for women victims of violence (coordination of the various bodies involved).

(c) Provide a reception centre and safe and decent accommodation for victims of abuse who lack personal resources and/or family help to cope with the situation. The victims are free to avail themselves or not of this service.

(d) Analyse the situation regarding domestic violence in Andorra by collecting data and undertaking studies and research with a view to framing new resource proposals and new models of intervention.

Informing and alerting the public, intervention by primary services, group and social intervention and national intervention.

Information and public awareness campaigns

113. Since 2001, information, guidance and awareness activities have consisted mainly of public information campaigns. Message, information and content in these campaigns have been geared to the particular target group concerned.

Table 15

Campaigns to promote awareness of violence against women (2001-2006)

Year
Campaign slogan
Aim of the campaign
Target group
Language





2001
Violència domèstica: què pots fer? (What can be
done in the case of
domestic violence?)
Inform victims of abuse about the remedies available (functions, services provided and how to use them) and the procedure to be followed after an episode of abuse
Women subject to or potentially subject to violent episodes
Catalan
Spanish
Portuguese
French
2002
Remedies in the case
of domestic violence
in Andorra:
• Guide to remedies for the general public
• Guide to remedies for professionals
• Handbook on good practices for professionals
Inform the general public and professionals about the remedies available in the case of domestic violence
General public
Professionals involved
in the field
Catalan
2003
Violència domèstica, saps
on adreçar-te? (In the event of domestic violence, do
you know where to report
the problem?)
Make the victims of abuse, the
public and the aggressors aware
of relationships and behaviour indicative of situations of abuse
Inform the public about the different remedies available in Andorra and how to use them
Victims of abuse
General public
Aggressors
Catalan
2004
La dona no és un producte: no la tractis com a tal (Women are not products:
do not treat them as such)
Campagne T’ho Creus? Estimar és respectar (Guess what! Loving means respecting)
(month of June)
Make the public aware of the social prejudices that reduce women to objects
Inform the public about the remedies available
Inform professionals about the procedures and remedies available
General public
Professionals
Catalan
2005
És el teu torn: denuncia la violència domèstica (Play your part in reporting domestic violence)
Foster public awareness of the need
to report domestic violence
Inform the public that domestic violence is an offence
General public
Catalan
2006
No esperis més: denunciar els maltractaments a temps et pot canviar la vida (Do not wait any longer: reporting abuse in time can change your life)
Spread information about Interdisciplinary Team on Gender Violence (EAID)
Alert the public to the dangers of marital abuse for the victims
General public
Victims of abuse
Catalan
Spanish
Portuguese
French
2007
Comença amb crits i mai ha d’acabar en silenci (It begins with shouting and must never end in a great silence)
Inform the public about violence against women, including domestic violence
Promote public rejection of any
kind of violence towards women
Spread information on EAID
Adolescents
General public
Victims of abuse
Catalan

Compiled internally

Source: Activity reports by the Department of Welfare and the Family (2001-2007).

Educational community: educators (fathers, mothers, teachers) and pupils

114. In recent years (2003-2007), the educational community has worked with over 1,250 adolescents aged 15 to 16 and 45 educators (teachers and parents). Eighteen persons have enrolled at two further training courses in the Ministry of Education’s summer school on gender stereotypes and the prevention of domestic violence.

115. The activities in 2006 and 2007 were focused on the Council of Europe’s campaign to combat violence against women, including domestic violence.

Professionals actively involved with victims and women’s associations

116. In recent years, various training and awareness-raising activities have been organized to ensure the provision of comprehensive care for victims of domestic violence. They have involved members of the psychosocial (77 persons), medical (50 persons) and legal (80 persons) professions, members of the police force (50 persons), the educational psychology team of the École andorrane, and families providing shelter to the victims of domestic violence. In November 2004, the first Jornades dels Pirineus sobre violència de gènere (Pyrenean Days on violence against women) took place, attended by 115 professionals.

117. In 2007, the Interdisciplinary Team on Gender Violence participated in the specialized training of 70 police officers.

Services specializing in cases of domestic violence

Interdisciplinary Team on Gender Violence (EAID)

118. This female team consists of a social worker, an educator, an instructor, a psychologist and a lawyer; coordination is provided by a social worker. The team aims to provide comprehensive care for women victims of violence, particularly domestic violence, and their children.

119. It offers socio-educational information, advice and support, legal counselling, psychological care as well as reception facilities, vocational guidance and financial benefits.

120. In its first year of existence, EAID cared for 92 women in all and two children per woman on average.

121. Its operating costs in 2007 amounted to €98,208.03.

Table 16

Interventions by EAID, by field


Number
%
Social intervention
92
100
Psychological intervention
54
55.4
Legal intervention
41
44.6
Employment intervention
13
16.3
Housing intervention
5
5.4

Source: Activity reports of the Department of Welfare and the Family (2007).

Foster families and short-term accommodation

122. There are two types of temporary shelter for cases of domestic violence (since 2001): foster families and short-term accommodation.

123. Currently, the guidelines followed by the police stipulate that it is the aggressor who should be withdrawn from the family residence, allowing the wife and children to remain at home. However, temporary shelters are a way of providing short-term accommodation for victims of domestic violence who do not wish to return home, for personal or safety reasons, and who lack independent means.

124. This type of accommodation is of limited duration. The needs of the victims and their children are met in a safe, calm and family environment adapted to their personal situation and needs.

125. In 2007, the Department of Welfare and the Family had at its disposal 12 temporary accommodation facilities, i.e. an increase of 100 per cent in the number of places and a coverage equivalent to 4 places per 10,000 women aged 16 to 65.

Financial benefits

126. Social assistance benefits are available for women victims of domestic violence and their non-adult children.

127. In 2006, under the programme of social and vocational integration for vulnerable women, in particular victims of domestic violence, a budget of some €140,000 was allocated for the financial year 2007: €20,000 for training and €120,000 in benefits for women participating in this training (€25 per day attended, for 30 days, over eight months in all, for 15 women).

128. As for the new regulation governing social welfare benefits, the criteria for qualifying for such benefits have been made more flexible and adapted to the specific situations of the victims of gender violence. This regulation awaits approval by the Government.

Table 17

Summary of the activities of EAID and its specialized services (2007)

Total number of cases in 2007
92
Total number of women assisted
97
Total number of calls to 18001818
1 844
Average number of children per woman
2
Number of cases at the beginning of the year (prevalence)
13
Number of new cases during the year (incidence)
92
Number of cases filed and pending
Objectives achieved
Voluntary departures (victims no longer attend appointments)
Returns to the aggressor
Departures abroad
Failures to adapt to the service
67
11
23
18
8
7
Total number of accommodation places used
10 (12 places max.)
Hotel(s)
9
Foster family
1
Specific or ad hoc interventions
12
Total number of emergency food packages requested
13
Total number of social benefits requested
7
Total number of social security forms sent
7
Number of assistance requests (grants, housing, 100 per cent exonerations)
14
Number of women participating in the vocation qualification improvement programme
4
Number of supplementary benefits linked to the professional qualification improvement programme
4
Number of women and children enjoying social security cover
2

Source: Activity reports of the Department of Welfare and the Family (2007).

Data collection and monitoring programme

129. In order to determine the true incidence of domestic violence in Andorra, the Government drew on a statistical guide devised in 2002 to create a computerized data collection program, used by all officials, which ensures that data concerning the victims remains confidential and enables their profiles and the measures taken to be known.

130. In 2008, it is planned to establish a domestic violence observatory using social indicators to evaluate how the problem is evolving, the resources, programmes and measures deployed by the Government, and the results achieved. This observatory will form part of the social observatory devised and set up in association with the IEA’s Sociological Research Centre (CRES).

XII. Elimination of all forms of discrimination against women

131. The Llei 9/2005 qualificada del Codi penal (Qualified Act No. 9/2005 [of 21 February 2005] on the Criminal Code) does not refer specifically to trafficking in women nor does it employ the expression “offence of trafficking in women”. The absence of any express reference to such an offence or to the more general offence of trafficking in human beings does not presuppose or imply any exoneration of criminal responsibility, given that this offence also encompasses slavery and kidnapping, referred to respectively in articles 134 and 135 of the Criminal Code and punishable by 4 to 12 years’ and 5 to 10 years’ imprisonment respectively.

132. In addition, article 252 of the Criminal Code punishes trafficking in human beings for the purpose of labour exploitation with a sentence of 2 to 5 years’ imprisonment and a fine amounting to €180,000 in the most serious cases.

A. Prostitution-related offences

133. The Andorran Criminal Code currently devotes a chapter to prostitution-related offences. Articles 150 to 153 of the Criminal Code condemn various acts related to prostitution. They punish anyone who manages or finances premises used for prostitution, who aids, abets or fosters prostitution or who incites another person to engage in prostitution by means of violence or intimidation or on the basis of need, superiority or deceit.

134. With regard to the political rights of Andorran citizens, article 24 of the Constitution provides that “all adult Andorrans who are in full possession of their rights shall have the right to vote”.

135. This principle of equality is developed in the Llei qualificada del règim electoral i del referèndum (Qualified Act on Elections and Referendums), adopted by the Andorran parliament on 2 and 3 September 1993, in which equality with regard to the right to vote and with regard to eligibility are established under articles 1 and 15 respectively.

B. International Covenant on Civil and Political Rights

136. As indicated in the initial report, women’s participation in the political life of the country is neither prohibited nor restricted by any legislative enactment or regulation. Women obtained the right to vote in Andorra in 1973.

Table 18

Composition of the electorate, by town and sex (communal and national elections)


Communal elections

National elections
1999

2003

2001

2005
W
M

W
M

W
M

W
M
Canillo
532
557
/
/
/
/
675
738
Encamp
686
939
735
1 152
1 080
1 134
877
1 215
Ordino
/
/
/
/
/
/
/
/
La Massana
532
557
594
641
762
795
695
732
Andorra la Vella
/
/
/
/
/
/
/
/
Sant Julià de Lòria
/
/
359
390
460
485
420
451
Escaldes-Engordany
/
/
/
/
1 809
1 789
1 694
1 624

Compiled internally

Source: Electoral registers of the parish councils (Comuns).

Note: While all the parish councils were asked to provide the required information, the data in the above table was all that was received.

C. Local administration

137. As indicated in the data set out below, women are starting to play an active part in political life in all towns in the Principality of Andorra. However, they mainly occupy positions of Conselleres de Comú (municipal councillor) and are essentially responsible for welfare and civic service portfolios and for the development of policies catering for specific groups such as young people, the elderly, children and the family.

138. The posts of Cònsol Major (mayor) and Cònsol Menor (deputy mayor) are generally held by men, although they are sometimes held by women for limited periods in certain towns (up to half those in the country). Women serving as mayor or deputy mayor during the reporting period represented 17 per cent of the total number of women participating in the political life of the parish councils and their posts corresponded to 4 per cent of the total number of political posts. Between 1999 and 2005, the ratio of women to men occupying political posts in the local administration was about four women to every 10 men.

1. Comú de Canillo

139. Between 2000 and 2001, the top post in the communal administration was held by a woman; moreover, since 2001, the position of Cònsol menor has always been occupied by a woman. Women remain in a minority in municipal councillor posts. Some data on the distribution of communal officials by sex and function are lacking.

Table 19

Distribution, by sex, of top political posts and specialized staff in the Comú de Canillo (1999-2005)


1999

2000

2001

2002

2003

2004

2005
W
M

W
M

W
M

W
M

W
M

W
M

W
M
Cònsol major (mayor)
0
1
1
0
1
0
0
1
0
1
0
1
0
1
Cònsol menor
(deputy mayor)
0
1
0
1
1
0
1
0
1
0
1
0
1
0
Municipal councillors
3
9
3
9
3
9
3
9
3
9
3
9
3
9
Secretaries
1
0
1
0
1
0
1
0
1
0
1
0
1
0















Directors
Section heads
Specialized staff
Administrative staff
Service personnel

Compiled internally

Source: Comú de Canillo

2. Comú d’Encamp

140. Women are now represented at director level and, above all, in administrative posts. They are less numerous among section heads and specialized personnel, although their numbers have tended to increase in recent years. As regards top positions, no woman occupied the post of Cònsol major during the reporting period and just one held the post of Cònsol menor during the 1999-2002 legislature. Women remain in a minority among municipal councillors.

Table 20

Distribution, by sex, of top political posts and specialized staff in the Comú d’Encamp (1999-2005)


1999

2000

2001

2002

2003

2004

2005
W
M

W
M

W
M

W
M

W
M

W
M

W
M
Cònsol major (mayor)
0
1
0
1
0
1
0
1
0
1
0
1
0
1
Cònsol menor
(deputy mayor)
1
0
1
0
1
0
1
0
0
1
0
1
0
1
Municipal councillors
1
9
1
9
1
9
1
9
2
8
2
8
2
8
Secretaries
1
0
1
0
1
0
1
0
0
1
0
1
0
1















Directors
2
1
2
0
2
0
2
0
2
0
2
0
2
1
Section heads
1
8
2
8
2
9
2
9
3
9
4
9
5
9
Specialized staff
9
13
11
13
11
13
11
13
11
13
12
17
12
17
Administrative staff
25
2
28
4
30
4
32
4
32
4
34
7
37
7
Service personnel
24
20
24
20
28
23
28
23
28
23
31
25
33
25

Compiled internally

Source: Comú d’Encamp

3. Comú d’Ordino

141. Data not supplied.

4. Comú de La Massana

142. Posts in the communal administration have one of the lowest rates of female representation. During the reporting period, no woman occupied the post of Cònsol major (mayor) or Cònsol menor (deputy mayor). The number of female municipal councillors is similarly low and has never exceeded 20 per cent. Women are well represented in administrative posts and unrepresented among specialized staff; they occupy 29 per cent of section head posts.

Table 21

Distribution, by sex, of top political posts and specialized staff in the Comú de la Massana (1999-2005)


1999

2000

2001

2002

2003

2004

2005
W
M

W
M

W
M

W
M

W
M

W
M

W
M
Cònsol major (mayor)
0
1
0
1
0
1
0
1
0
1
0
1
0
1
Cònsol menor
(deputy mayor)
0
1
0
1
0
1
0
1
0
1
0
1
0
1
Municipal councillors
1
9
1
9
1
9
1
9
1
9
2
8
2
8
Secretaries
1
0
1
0
1
0
1
0
1
0
1
0
1
0















Directors














Heads of section
2
5
2
5
2
5
2
5
2
5
2
5
2
5
Specialized staff
0
1
0
1
0
1
0
2
0
2
0
2
0
2
Administrative staff
4
3
5
3
5
4
5
4
5
5
8
5
10
5
Service personnel
0
10
0
10
0
10
0
10
0
10
0
12
0
12

Compiled internally

Source: Comú de la Massana

5. Comú d’Andorra la Vella

143. Data not supplied.

6. Comú de Sant Julià de Lòria

144. As in the case of most parish councils, the top posts in the local administration are occupied by men, although a woman served as deputy mayor between 2000 and 2003. Women are in a minority in the posts of municipal councillor, although their numbers increased during the last legislature.

Table 22

Distribution, by sex, of top political posts and specialized staff in the Comú de Sant Julià (1999-2005)


1999

2000

2001

2002

2003

2004

2005
W
M

W
M

W
M

W
M

W
M

W
M

W
M
Cònsol major (mayor)
0
1
0
1
0
1
0
1
0
1
0
1
0
1
Cònsol menor
(deputy mayor)
0
1
1
0
1
0
1
0
1
0
0
1
0
1
Municipal councillors
3
5
1
7
1
7
1
7
1
7
3
5
3
5
Secretaries
0
1
1
0
1
0
1
0
1
0
1
0
1
0















Directors
/
/
/
/
/
/
/
/
1
1
2
1
2
1
Heads of section
2
5
/
/
/
/
/
/
12
10
11
14
13
14
Specialized staff
/
/
/
/
/
/
/
/
10
11
9
25
21
13
Administrative staff
6
2
/
/
/
/
/
/
17
6
18
5
22
6
Service personnel
0
4
/
/
/
/
/
/
8
14
13
15
17
13

Compiled internally

Source: Comú de Sant Julià de Lòria

145. Women are most numerous in the communal administration at director level and, above all, in administrative posts. A measure of parity is found among service staff and section heads.

7. Comú d’Escaldes-Engordany

146. In Escaldes-Engordany, a trend towards parity is noticeable in the high-level posts in the local administration, particularly in the latter part of the reporting period. Between 1999 and 2003, for example, the office of Cònsol major was held by a woman and that of Cònsol menor by a man. This situation was reversed during the last two years of the reporting period. There was a relative increase in the number of women occupying the positions of secretary and municipal councillor, equality having actually been achieved in the latter case.

Table 23

Distribution, by sex, of top political posts and specialized staff in the Comú d’Escaldes-Engordany (1999-2005)


1999

2000

2001

2002

2003

2004

2005
W
M

W
M

W
M

W
M

W
M

W
M

W
M
Cònsol major (mayor)
1
0
1
0
1
0
1
0
1
0
0
1
0
1
Cònsol menor
(deputy mayor)
0
1
0
1
0
1
0
1
0
1
1
0
1
0
Municipal councillors
2
8
2
7
2
7
2
7
2
7
5
5
5
5
Secretaries
1
2
1
2
1
2
1
2
1
1
1
3
2
3















Directors
/
/
/
/
/
/
/
/
/
/
/
/
1
1
Heads of section
6
4
6
4
6
4
6
4
6
4
6
4
8
3
Specialized staff
/
/
/
/
/
/
1
2
2
2
2
3
2
3
Administrative staff
/
/
/
/
/
/
/
/
/
/
7
9
11
10
Service personnel
/
/
/
/
/
/
/
/
32
68
35
70
38
75

Compiled internally

Source: Comú d’Escaldes-Engordany

147. The communal administration of Escaldes-Engordany is one of the most egalitarian in terms of male-female parity. Men and women are equally or nearly equally represented at director level and in specialized and administrative posts. There was an increase in the number of women heads of section, particularly during the last year of the reporting period. This trend is the opposite in service personnel posts.

D. The Andorran parliament

148. A woman first occupied a seat in the Andorran parliament in 1985. Following that, up to the 2001-2005 legislature, the number of women parliamentarians always varied between one and eight (2005). This represented respectively 3.57 per cent and almost 30 per cent of the seats in parliament, and an increase of 7% in the total number of seats occupied by women compared with the previous legislature.

149. The office of Subsíndic (equivalent to that of parliamentary vice-president) was first filled by a woman in 2005. A woman is also a member of the Comissió Permanent (Standing Committee), a body exercising interim powers when parliament is dissolved or between sessions.

150. It may be noted that the proportion of women in international parliamentary delegations has also increased —from 9 per cent in 1999 to 41.6 per cent in 2005, the average being some 15 per cent.

Table 24

Composition of the Andorran parliament, by sex and function (1999-2005)


1999

2000

2001

2002

2003

2004

2005
W
M

W
M

W
M

W
M

W
M

W
M

W
M
Síndic (President)
0
1
0
1
0
1
0
1
0
1
0
1
0
1
Subsíndic (Vice-President)
0
1
0
1
0
1
0
1
0
1
0
1
1
0
Consellers (Deputies)
1
27
1
27
4
24
4
24
3
25
5
23
8
20
Secretary
0
2
0
2
0
2
0
2
0
2
0
2
0
2
Secretary-General
0
1
0
1
0
1
0
1
0
1
0
1
0
1
Standing committee
0
6
0
6
0
6
0
6
0
6
0
6
1
6
International delegations
2
20
1
21
2
12
4
17
3
18
4
16
5
7

Compiled internally

Source: Andorran parliament

151. In 2003, the Consell General dels Joves (Youth Parliament) was set up, composed of young men and women aged 14 to 16. The main purpose of the Youth Parliament is to forge closer links between legislators and young people and, in keeping with the recommendations of the United Nations, to constitute a body that enables young people to make their ideas known. Parity between boys and girls remains one of the objectives to be attained, since males remain in the majority.

E. The judiciary

152. Men predominate in most judicial bodies, with the exception of the Batllia (Court of First Instance) and the Tribunal de Corts (Criminal Court).

Table 25

Composition of the various judicial bodies, by sex (2002 and 2005)


2002

2005
W
M

W
M
Batllia (Court of First Instance)
5
5
5
5
Fiscalia (Public Prosecutor’s Office)
2
2
1
3
Tribunal de Corts (Criminal Court)
/
/
2
3
Tribunal de Comptes (Auditor-General’s Office)
/
/
0
3
Tribunal Superior de Justícia (Supreme Court)
/
/
2
7
Tribunal Constitucional (Constitutional Court)
/
/
0
4
Consell Superior de la Justícia (High Council of Justice)
0
5
2
4

Compiled internally

Source: Consell Superior de la Justícia (High Council of Justice)

F. The Government of Andorra

Table 26

Composition of the Government, by function and sex (1999, 2001 and 2005)


1999

2001

2005
W
M

W
M

W
M
Head of Government
0
1
0
1
0
1
Ministers
1
7
3
9
3
6
Secretaries of State
/
/
4
2
4
3
Directors
7
14
7
5
6
14
Heads of section
/
/
/
/
/
/
Civil servants
/
/
/
/
/
/

Compiled internally

Source: Ministry of Health, Welfare and the Family

153. In 2001, women held the ministerial portfolios of agriculture and the environment, health and welfare, and finance; in 2005, those of education, health, welfare and the family, higher education and research, housing and youth; and in 2007, those of education, vocational training, youth and sport, health, social welfare, the family and housing, and foreign affairs.

Security and public order

154. The police force is composed largely of men. Throughout the reporting period the senior posts were held by men; the number of women holding commissioner posts was very restricted and there were no female commissioned or non-commissioned officers. In the case of police officers and junior police officers, the trend is the same and was reinforced in 2004 and 2005.

Table 27

Composition of the police force, by function and sex (1999-2005)


1999

2000

2001

2002

2003

2004

2005
W
M

W
M

W
M

W
M

W
M

W
M

W
M
Director
0
1
0
1
0
1
0
1
0
1
0
1
0
1
Deputy Director
0
1
0
1
0
1
0
1
0
1
0
1
0
1
Commissioners
1
2
1
2
1
2
1
2
1
2
1
2
2
4
Commissioned officers
1
1
1
1
1
1
1
1
1
1
0
4
0
8
NCOs
0
24
0
24
0
23
0
23
0
21
0
18
0
14
Police officers
11
113
11
119
11
125
11
121
14
131
14
137
16
143
Junior officers
1
9
0
6
0
6
3
21
0
15
2
9
0
0
Specialized staff
2
7
2
7
2
7
2
7
2
7
2
8
2
8
Administrative staff
26
5
24
4
30
3
29
2
30
4
32
4
35
4

Compiled internally

Source: Administrative Register of the Ministry of Justice and the Interior

155. A similar if less marked tendency is to be found in the prison service. There are no high-ranking women in the prison administration. Women are in the majority among the specialized staff, but gender parity had almost been reached towards the end of the reporting period.

Table 28

Composition of prison personnel, by function and sex (1999-2005)


1999

2000

2001

2002

2003

2004

2005
W
M

W
M

W
M

W
M

W
M

W
M

W
M
Director
0
1
0
1
0
1
0
1
0
1
0
1
0
1
Deputy Director
0
1
0
1
0
1
0
1
0
1
0
1
0
1
Commissioned officers
0
0
0
0
0
0
0
0
0
0
0
0
0
0
NCOs
0
1
0
1
0
1
0
1
0
1
0
1
0
1
Police officers
6
32
6
31
6
31
5
33
6
38
6
40
8
42
Specialized staff
5
1
4
1
3
1
3
2
3
2
4
3
5
4
Administrative staff
0
1
0
0
0
1
0
1
0
1
0
1
1
1

Compiled internally

Source: Administrative Register of the Ministry of Justice and the Interior

G. Offences

156. Analysis of judicial decisions by the Batllia between 2001 and 2005 shows that 87 per cent of major offences were committed by men, who were likewise responsible for an equivalent percentage of minor offences. In Andorra, the ratio of men to women offenders (major offences) is 15 women for every 100 men.

H. Parastatal enterprises

157. The main parastatal enterprises in Andorra have been asked about the distribution of their employees by function and sex to check whether women have the same opportunities as men to gain promotion to senior positions within those entities. All of these firms reported that there were no provisions or regulations that prevented women from being promoted to senior posts.

1. Andorran National Institute of Finance (INAF)

158. INAF is a public financial institution, established on 12 June 1989. Its mains aims are to facilitate public sector financing, assist the Government in achieving its social and economic goals, and assist the authorities in matters of financial and economic policy. It also has the power to prosecute entities within the financial system that fail to respect the regulations in force.

159. INAF is a statutory body in which women are strongly represented, particularly in administrative and service posts. Although the post of Director-General has never been held by a woman, women form a majority in other senior posts, for example heads of service and supervisors. Overall women outnumber men in INAF.

Table 29

Composition of INAF staff, by function and sex (1999-2005)


1999

2000

2001

2002

2003

2004

2005
W
M

W
M

W
M

W
M

W
M

W
M

W
M
Director-General
0
1
0
1
0
1
0
1
0
1
0
1
0
1
Deputy Director-General
0
1
0
1
/
/
/
/
/
/
/
/
1
0
Inspector
/
/
/
/
1
0
1
0
1
0
1
0
1
0
Head of studies service
/
/
/
/
1
0
1
0
1
0
1
0
/
/
Head of administrative services
0
1
0
1
0
1
0
1
0
1
0
1
0
1
Analysts in the studies service
1
1
1
1
0
1
1
1
1
1
1
1
1
1
Executive secretary
1
0
1
0
1
0
1
0
1
0
1
0
1
0
Administrative staff
1
0
1
0
1
0
1
0
1
0
1
0
1
0
Service personnel
1
0
1
0
1
0
1
0
1
0
1
0
1
0

Compiled internally

Source: INAF

2. RTVA (Andorran Radio and Television)

160. As in the case of other bodies, high-level positions and senior posts are occupied in the main by men. There is a greater degree of parity in other posts, but men still remain in the majority. Once again, the proportion of women is higher in administrative posts.

Table 30

Composition of RTVA staff, by function and sex (1999-2005)


1999-2005
W
M
Director-General
0
1
Deputy Director-General
0
1
Directors
0
3
Heads of section
1
4
Specialized staff (audiovisual technicians, journalists, presenters, etc.)
30
52
Administrative staff
4
0
Interim staff and fellowship holders
14
14

Compiled internally

Source: RTVA

3. Andorran Social Security Fund (CASS)

161. Given the lack of data on the composition of CASS staff, a detailed analysis of the types of posts held by women in CASS cannot be carried out. However, it is clear that women are particularly well represented in administrative posts.

Table 31

Composition of CASS staff, by function and sex (1999-2005)


1999

2000

2001

2002

2003

2004

2005
W
M

W
M

W
M

W
M

W
M

W
M

W
M
Director-General
/
/
/
/
/
/
/
/
/
/
1
0
/
/
Director of department
/
/
/
/
/
/
/
/
/
/
/
/
/
/
Heads of department
/
/
/
/
/
/
/
/
/
/
/
/
/
/
Specialized staff
(top tier)/coordinators
/
/
/
/
/
/
0
1
0
1
0
1
/
/
Specialized staff
/
/
1
0
0
1
/
/
/
/
/
/
/
/
Staff in Prada Casadet premises
/
/
/
/
/
/
/
/
/
/
/
/
/
/
Service personnel
/
/
/
/
/
/
/
/
/
/
/
/
/
/
Administrative staff


1
0
1
0
1
0
5
0
2
0
3
0
Support staff
/
/
0
1
/
/
1
0
1
1
/
/
/
/
Staff on leave of absence
/
/
/
/
/
/
/
/
/
/
1
1
/
/

Compiled internally

Source: CASS

4. Andorran Health Service (SAAS)

162. SAAS comprises all the public health-care services, such as the Notre Dame de Meritxell hospital and the primary health-care centres in each town.

163. As shown in the table below, this is one of the entities in which women are most strongly represented, at director level and in senior as well as other posts. The number of women is particularly high among midwives, nurses and hospital auxiliaries. On the other hand, men doctors are twice as numerous as women doctors. Women make up most of the administrative staff, men being virtually absent in administrative posts.

164. This situation is not surprising since caring for people, particularly people in a vulnerable state of health, remains a woman’s sphere (the private domain of the family is in this way transposed into the public domain of the enterprise). Men tend to assume operative functions, involving decision-making coming within the province of health professionals, whereas women carry out prescriptions, dress wounds, administer medication, respond to the needs of patients and establish interpersonal contacts and relationships with the patients and their families.

Table 32

Composition of SAAS staff, by function and sex (1999-2005)


1999

2000

2001

2002

2003

2004

2005
W
M

W
M

W
M

W
M

W
M

W
M

W
M
Senior management
3
1
1
3
1
5
3
4
3
4
3
4
/
/
Doctors
30
57
26
56
36
86
45
96
47
96
51
106
/
/
Chiefs, supervisors and coordinators
17
13
22
12
26
20
28
18
33
18
35
18
/
/
Nurses
145
10
140
9
152
10
161
14
169
12
182
13
/
/
Midwifes
7
1
7
1
10
0
9
0
9
0
11
0
/
/
Paramedical personnel
25
7
28
6
30
5
38
5
40
7
44
7
/
/
Nursing auxiliaries
81
2
83
1
88
3
90
2
94
1
97
2
/
/
Administrative staff
77
5
79
5
86
6
89
6
95
6
100
7
/
/
Medical support staff
0
11
4
12
7
8
6
11
9
19
6
19
/
/
Non-medical support staff
7
9
7
9
9
14
8
14
11
12
9
13
/
/

Compiled internally

Source: SAAS

165. The right to participate in Andorran public life is regulated by the Constitution, more specifically by articles 16 (the right to meet and assemble for any lawful purpose), 17 (the right to associate), 18 (the right to form and maintain professional, employers’ and tradeunion associations) and 19 (the right of workers and business owners to defend their interests) of chapter 3 (the fundamental rights of the person and public freedoms).

I. Political parties

166. The political parties that supplied the requested data were the Liberal Party of Andorra (PLA), the Social Democratic Party (PS) and the Andorra Green Party (VA). The Andorran Democratic Centre – Century 21 (CDA-S.XXI) did not respond to the request.

167. In 2008, 43 per cent of the members of the PLA executive were women, an increase of 200 per cent compared with the available data for 2005. In the case of the National Council, women constitute 33 per cent of the membership of its administrative bodies: 36.6 per cent of the Council’s members are women, compared with 63.33 per cent men. Between 2005 and 2007, there was a relative increase of 43.8 per cent in the number of women members of the National Council. Membership of the women’s section, it should be noted, is 100 per cent female, and the youth section observes male-female parity.

168. In the case of the PS, the Party’s statutes stipulate that women and young people should be represented proportionately in its governing bodies and among the candidates for membership.

169. The composition of these bodies is as follows: there is parity in the executive committee; however, women represent 26 per cent of the membership of the steering committee and 25 per cent of the parliamentary group; 40 per cent of party militants are women and 60 per cent men.

170. Between 2000 and 2006, the proportion of women in the executive committee increased from 8 per cent to 50 per cent, in the steering committee from 10 per cent to 26 per cent, in the parliamentary group from 0 per cent to 25 per cent, and among party militants from 15 to 40 per cent.

171. The VA party has a section specifically devoted to social questions relating to women: Dones en Verd (Women in Green).

J. Professional colleges and associations

172. Article 17 of the Constitution recognizes the right to associate. This right is developed in the Llei qualificada d’associacions (Qualified Act [of 29 December 2000] on Associations), which grants the right of association to persons of Andorran nationality, to foreigners residing legally in Andorra and to legal entities established in accordance with Andorran law.

173. Moreover, freedom of association and thus freedom to establish employers’, professional and trade-union organizations was strengthened with the adoption in 2004 by Andorra of article 5 (Right to organize) of the revised European Social Charter.

174. Women are poorly represented in senior posts in the executive committees of associations inscribed in the Government register, although their numbers increased in the latter part of the reporting period and they continue to occupy some 20 per cent of presidencies and vice-presidencies and a higher percentage of other posts.

175. The following data are taken from the Andorran Government’s register of associations.[6]

Table 33

Composition of the governing bodies of associations, by function and sex (2002-2005)


2002

2003

2004

2005
W
M

W
M

W
M

W
M
Presidency
31
141
51
208
69
242
74
259
Vice-Presidency
43
135
67
188
79
220
83
235
Secretariat
73
99
110
149
131
174
145
182
Treasury
49
114
72
172
90
195
99
209
Members
168
480
264
687
328
784
351
824

Compiled internally

Source: Government register of associations

K. Measures introduced by the Government

1. Programme for promoting women’s associations and rights in Andorra

176. When implementing the Committee’s recommendations following the presentation of the report on the application of the Convention on the Elimination of All Forms of Discrimination against Women, Andorra must be careful to prioritize all activities aimed at eliminating traditional stereotypes that directly or indirectly perpetuate discrimination against women.

177. The main aim of this programme is to promote equality of opportunity for women and men, with particular regard to full implementation of women’s rights.

178. The overall objective of this programme is to further the participation of women in the country’s social, political, economic and cultural life.

2. Project for the promotion of women’s associations

179. The aim of this project is to improve coordination and communication between Andorran women’s associations and the Ministry of Health and Welfare with a view to making women better heard and supporting their initiatives.

L. Actions implemented

180. By providing technical support to Andorran women’s associations, the Ministry seeks to strengthen the position of the bodies concerned and shape their proposals in line with the aims of this project.

181. Several projects have in this way been implemented, such as the establishment of a ombudsman for women’s associations, vocational qualification courses for socially vulnerable women and the first congress of women of the small European states – projects that were no more than sketches when they were submitted to the Ministry.

182. During the reporting period, there was a 113 per cent increase in grants to Andorran women’s associations by the Ministry of Health and Welfare. These grants were paid to financial funds for allocation to projects developed by these associations. In exchange, the associations were asked to exhibit greater stringency in their activities, to professionalize their services and to improve the quality of their work for women and for their social image.

183. The Ministry of Health and Welfare made a financial contribution to the vocational training and qualification of the staff of Andorran not-for-profit organizations. In 2002 and 2003, for example, it provided the associations with a course on the organization and management of this kind of association in Andorra, in order to encourage responsible social participation on their part.

184. This training, at a total cost of €5,997, benefited 16 not-for-profit associations and 25 of their members active in Andorra or undertaking projects in developing countries.

Table 34

Women’s association projects funded by the Ministry of Health and Welfare

(2000-2007)

(Types of projects and funding)

Association
Year
Project
Description of project
Amount of funding





ADMA (Andorran Migrany Women’s Association)
2000
Compilation of women’s rights legislation in force
Compilation of information on women’s rights in Andorra
€4 207
2001
Publication of women’s rights legislation in force
Dissemination of information on women’s rights in Andorra
€3 000
2002
Equality regarding sexual and reproductive health
Creation of school workshops and discussion sessions to improve adolescents’ knowledge of sexuality
€14 214
2003
Advancement of women
Workshops and professional qualification courses for women
€13 050
2004
Parity and equality through education
Roundtable on the importance and impact of women’s presence in leadership posts
€11 500
2005
Participation in the 49th session of the Commission on the Status of Women
Information on progress in key areas of the Beijing Platform for Action and other initiatives and measures relating to women’s associations defined during the 23rd extraordinary session of the General Assembly
€4 000
2005
Advancement of women —second set of professional qualification workshops
Advanced professional qualification courses for women
€14 000
2006
Information and support facility for women
Establishment of an information, counselling and support service for Andorran women
€17 500
2007
Information and support facility for women
Information, counselling and support service for Andorran women
€17 840
ADA (Association des femmes d’Andorre)
2000
Second phase of the study on singleparent families
Single-parent families in Andorra: diagnosis
€10 818
2000
Participation in the Beijing +5 Conference in New York
Information for women’s associations on the content of the Beijing Conference
€3 654
2000
Legal advice for women
Provision of a legal advice service for Andorran women
€2 404
2001
Support programme for women
Creation of an information, counselling and support service for Andorran women
€12 621
2002
First Congress on the Situation of Women in the Small States of Europe. (CDPEE)
Establishment of a network to serve as a facility for encounters and exchanges between women’s associations and organizations of the small European states
€15 175.56
2003
CDPEE (Second phase)
Dissemination of the results of the Congress
€7 800
2003
Female ombudsman
Information, counselling and support service for Andorran women
€4 700
2003
Alba Group
Information and self-help groups for women victims of breast cancer
€2 000
2004
Alba Group
Information and awareness campaign on prostate cancer
€2 000
2004
Female ombudsman
Information, counselling and support service for Andorran women (continued)
€9 497.32
2005
Participation in the 49th session of the Commission on the Status of Women
Information for women’s associations on the follow-up of progress in the critical fields of concern of the Beijing Platform for Action
€4 000
2005
Schedule of demands 2005-2006
Raising awareness of women’s rights
€4 213.56
2005
Female ombudsman
Information, counselling and support service for Andorran women (continued)
€7 327.32
2006
Female ombudsman
Information, counselling and support service for Andorran women (continued)
€14 546
2007
Female ombudsman
Information, counselling and support service for Andorran women (continued
€17 376

Compiled internally

Source: Activity reports of the Department of Welfare and the Family (2000-2007).

185. At its meeting on 5 October 1995, parliament adopted the first Llei qualificada de la nacionalitat (Qualified Act on Nationality). This Act has been twice modified, by Act No. 10/2004 of 27 May 2004 and Act No. 15/2006 of 27 October 2006.

186. All these laws assign equal rights to men and women equal rights with regard to Andorran nationality by birth and to the acquisition, retention, loss and recovery of Andorran citizenship.

187. There is no legislative provision whereby a change in the nationality of the husband automatically entails a change in the nationality of the wife, renders her stateless or obliges her to adopt her husband’s nationality.

188. The law establishes that fathers and mothers have the same rights as regards the transmission of nationality to the children.

189. Finally, with regard to the naturalization examination, article 36 of the Llei qualificada de la nacionalitat (Qualified Act on Nationality) provides that the principle of equality of treatment shall govern application of this law with regard to determining the applicant’s integration or lack of integration.

190. Andorra´s main emphasis with regard to educational policy is the development and strengthening of its education system, which is modelled on values and universal access to all educational levels, from pre-school to higher education.

191. The Llei qualificada d’educació (Qualified Act on Education) provides that education is free and compulsory from ages 6 to 16 (arts. 4.1 and 7.1), and that infant or pre-school education from 3 to 5 is free and open to all (art. 7.2).

192. As stipulated in article 9.1 of this Act, pupils have the right to receive educational and vocational guidance as well as any help necessary to compensate for family, financial, social and cultural shortcomings, in conformity with the law.

193. Provision is made for vocational training for the disabled in chapter 3, article 15, of the Llei de Garantia de drets de les persones amb discapacitat (Disabled Persons Act), adopted by parliament on 17 October 2002.

194. The Llei qualificada d’educació (Qualified Act on Education) also establishes the right of adults to basic training (art. 4.2), the principle of equality of access to higher levels of education (art. 13) and the integration of pupils with special educational needs (art. 8).

1. Level of education of the Andorran population

195. According to the study Dones i homes: Différents condicions de vida, dues realitats desiguals, 42 per cent of the Andorran population in 2002 had not progressed beyond primary education.

Figure 1
Level of education, by sex
(In percentages)

5.2

43.1

13.2

22.2

16.3

7.7

41.1

14.3

23.6

13.3

0

5

10

15

20

25

30

35

40

45

50

Secondary studies

Univ. studies

Men

Women

Primary studies

Vocational training

< Primary studies

G124148902.jpg

G124148903.jpg

G124148904.jpg

G124148905.jpg

G124148906.jpg

G124148907.jpg

G124148908.jpg

Source: AZTARCOZ, L. (dir. publ.), Dones i Homes, diferents condicions de vida dues realitats desiguals (unpublished), Ministry of Health and Welfare, Andorra la Vella, 2003.

196. Differences in educational levels between the sexes are however confined to persons aged over 44. Educational levels are equivalent among young men and women.

Figure 2

Level of education, by age group and sex

(In percentages)

Vocational training

Secondary level

University level

Secondary level

University level

Vocational training

< Primary level

Primary level

Women

Men

Over 44 years

Under 45 years

< Primary level

Primary level

G124148909.jpg

Source: National Health Survey (2002)

197. The available data on changes in the educational level of the Andorran population, deriving from two health surveys in 1997 and 2002, show that the number of women who had pursued secondary studies and the number who had pursued university studies had increased in relative terms in 2002 by 31 per cent and 37 per cent respectively.

2. Distribution of educational establishments by level of education and education system

Table 35

Distribution of educational establishments

Educational system
Level of education
Pre-school-Primary
Secondary
Higher secondary (baccalaureate)
Vocational
training
Higher
Andorran
8
3
1
1
1
Spanish
8

1*


Religious
3***
*
*
*

French
8


1*

Private



1*

Compiled internally

N.B.: The fields marked with an asterisk indicate establishments offering several levels of education.

Table 36

Trends in the number of school enrolments, by sex and educational level

(1997, 2001, 2005)


1997

2001

2005
Education
Women
Men
Total

Women
Men
Total

Women
Men
Total
Pre-school
1 075
1 182
2 257
1 179
1 261
2 440
1 239
1 375
2 614
Primary
1 711
1 827
3 538
1 818
2 026
3 844
2 055
2 277
4 332
Compulsory secondary
1 198
1 243
2 441
1 209
1 279
2 488
1 354
1 438
2 792
Specialized
38
49
87
9
12
21
Ieo
Ieo
Ieo
Higher secondary (bac.)
429
338
767
398
295
693
443
362
805
Vocational training
74
108
182
97
118
215
122
124
246
Higher
524
408
932
799
635
1 434
600
459
1 059
Non-university abroad
121
164
285
105
151
256
92
101
193
Adult training
411
173
584
266
115
381
244
142
386
Total
5 581
5 492
11 073
5 880
5 892
11 772
6 149
6 278
12 427

Compiled internally

Sources: Ministry of Education, Vocational Training, Youth and Sports and Ministry of Culture and Higher Education.

198. In 2005, half of those enrolled at the different educational levels were women (see graph below).

3. Distribution of enrolments at the different educational levels, by sex (2005)

Figure 3

Distribution of enrolments

1239

1375

2055

2277

1354

1438

443

362

122

124

600

459

92

101

244

142

0%

20%

40%

60%

80%

100%

Pre-school

Primary education

Compulsory secondary education

Baccalaureate

Vocational training

University studies

Non-university studies abroad

Adult education

Women

Men

G124148910.jpg

Compiled internally

Sources: Ministry of Education, Vocational Training, Youth and Sports and Ministry of Culture and Higher Education.

199. In 2005, the gross enrolment rates in primary, secondary and non-compulsory nonuniversity education was 79.94 per cent. The distribution by sex and educational level was as follows.

4. Gross enrolment rates, by sex and educational level (2005)

Table 37

Gross enrolment rates


Gross enrolment rates
Girls
Boys
Total
Infant/pre-school education
100.7
101.6
101.2
Primary/basic education
87.37
86.22
86.79
Compulsory secondary education
73.87
71.72
72.79
Non-compulsory, non-university education
45.25
36.78
41.01
Total


75.94

Compiled internally

Source: Ministry of Education, Vocational Training, Youth and Sports

200. In 2005, 85 per cent of girls aged 3 to 5 were enrolled in pre-primary education, 91 per cent of girls aged 6 to 11 in primary education and 86 per cent of girls aged 12 to 16 in secondary education. In all cases, the rates are equal to or higher than those for boys of the same age.

5. Trends in net enrolment rates, by sex and educational level (1997, 2001, 2005)

Table 38

Trends in net enrolment rates


1997

2001

2005

Girls
Boys
Total

Girls
Boys
Total

Girls
Boys
Total
Infant/pre-school education
76.7
75.2
75.95
94.2
95.6
94.9
85.0
85.5
85.25
Primary/basic education
96.3
93.2
94.75
96.1
95.3
95.7
90.5
88.6
89.5
Compulsory secondary education
90.8
87.1
88.95
87.0
87.3
87.15
85.9
83.8
84.8
Noncompulsory nonuniversity education
42.3
36.0
39.15
29.5
25.0
27.25
31.0
24.0
27.5
Total


74.7


76.25


71.76

Compiled internally

Source: Ministry of Education, Vocational Training, Youth and Sports

201. This increase is probably due to the massive integration of women in the labour market and trends in the employment rates of women during the same period, as well as to the provision of free education at this level.

202. Enrolments in higher secondary education (preparation for the baccalaureate) and vocational training in 2005 represent 10 per cent of total enrolments.

Table 39

Trends in the number of enrolments in higher secondary education (preparation

for the baccalaureate), vocational training and non-university education abroad (1997, 2001, 2005)

Level of education
1997

2001

2005
Women
Men
Total

Women
Men
Total

Women
Men
Total
Higher secondary (baccalaureate)
429
338
767
398
295
693
443
362
805
Vocational training
74
108
182
97
118
215
122
124
246
Non-university education abroad
121
164
285
105
151
256
92
101
193
Total
624
610
1 234
600
766
1 366
657
587
1 244

Compiled internally

Sources: Ministry of Education, Vocational Training, Youth and Sports and Ministry of Culture and Higher Education

203. The data available show an increase of 65 per cent in the number of girls enrolled in vocational training between 1997 and 2005. Whereas girls represented 40 per cent of the total number of pupils enrolled in vocational training in 1997, they constituted almost half in 2005.

6. University population

204. As indicated in the initial report, the establishment of the University of Andorra dates from 1997.

205. There was a relative increase of 13 per cent in the university population between 1997 and 2005. The maximum number of students enrolled was attained in 2001, with 1,434 university students in all.

206. The gross rate of enrolments in higher education rose from 19 per cent in 1997 to almost 22 per cent in 2005 (see table below).

Table 40

Trends in gross enrolment rates in higher education, by sex (1997 and 2005)

(In percentages)

1997

2005
Women
Men
Total

Women
Men
Total
22
17
19.5
25
19
21.7

Compiled internally

Source: Ministry of Education, Vocational Training, Youth and Sports

207. The net university enrolment rate in 2005 was 11 per cent for girls and 7 per cent for boys. In 2005, the proportion of girls enrolled in the university relative to boys was 130 girls for every 100 boys, i.e. 57 per cent of the university population.

Figure 4

Trends in the university population

Men

Women

Graph 10: Trends in the university population, by sex

(1997-2006)

G124148911.jpg

Compiled internally

Source: Ministry of Education, Vocational Training, Youth and Sports

208. The number of university places in Andorra is limited, so that most young people go abroad to pursue their studies.

209. The university population in Andorra is mainly female. The following table indicates the courses preferred by men and women students. The question should be asked whether these choices reproduce gender stereotypes since, because they shape students’ future professional development, they likewise tend to determine their salary level.

Table 41

Distribution of university students, by course of study and sex (1998 and 2005)

Course of study
1998

2005
Women
%
Men
%

Women
%
Men
%
Tourism
26
74
9
26
18
69
8
31
Health
81
74
29
26
161
77
48
23
Education
169
78
49
22
84
79
22
21
Sciences and mathematics
49
45
59
55
24
49
25
51
Social sciences
152
72
60
28
88
71
36
29
Law and economics
241
52
223
48
167
53
151
47
Technology
49
23
165
77
39
19
163
81
Communication and public relations
12
50
12
50
17
77
5
23
Totals
793
56
612
44
598
57
458
43

Compiled internally

Sources: Ministry of Education, Vocational Training, Youth and Sports and Ministry of Culture and Higher Education.

210. The percentage of women studying mathematics and science has risen to almost 50 per cent of enrolments in these courses; however, a lower percentage of women study technology, which continues to be an essentially male subject. Women are in the majority in the areas of health, education and the social sciences: they represent some three out of every four students enrolled in these courses, which involve caring for people.

Figure 5

University courses preferred by women (1997 and 2003)

(In percentages)

Services

Commercial and business management

Law

Educational studies

Fine and

applied arts

Natural sciences

Social and behavioural studies

Medicine and other medical studies

Humanities and religion

Economics

G124148912.jpg

Services

Fine and

applied arts

Natural sciences

Engineering

Educational sciences

Medicine and other medical studies

Commercial and business management

Humanities and religion

Law

Social and behavioural studies

G124148913.jpg

Compiled internally

Source: Institute of Andorran Studies (IEA)

7. Special education

211. Article 8 of the Llei qualificada d’educació (Qualified Act on Education) stipulates that the education of children with special needs should be governed by the principal of integrated schooling. Accordingly, to ensure provision of the benefits and services to which disabled persons must have access, the Government of Andorra on 2 May 2002 signed a collaboration agreement with the Notre Dame de Meritxell Special School (EENSM).

Table 42

Number of pupils enrolled in EENSM, by sex (1997-2005)

Year
Women
%
Men
%
Total
1997
66
43
87
57
153
1998
71
41
101
59
172
1999
72
41
102
59
174
2000
77
43
102
57
179
2001
94
44
121
56
215
2002
89
41
119
59
208
2003
90
43
121
57
211
2004
98
45
119
55
217
2005
104
45
126
55
230

Compiled internally

Source: EENSM

212. The most important element in this agreement is the integration of pupils with special educational needs in ordinary schools, as indicated previously in the paragraph on trends in the school population.

8. Educational personnel by level of education

213. Teaching is a mainly female profession. Analysis of teaching personnel in Andorra shows that in 2005 some 77 per cent of teachers at the different levels of non-university education were women. At the pre-school and primary levels, they were in the majority.

214. It should be noted that support staff, who assist in basic teaching activities, are almost all women.

215. Trends in the distribution of managerial posts at the different educational levels of education, by sex, between 1997 and 2005, were as follows.

Figure 6

Graph 10.6: Trends in male-female distribution in senior posts, by educational level (1997-2005)

Trends in the distribution of men and women in managerial posts

Adult education

Vocational training

Baccalaureate

Primary education

Specialized school

Compulsory secondary education

Pre-primary education

Men

Women

YEAR 1997

YEAR 2001

YEAR 2005

G124148914.jpg

G124148915.jpg

Source: Ministry of Education, Vocational Training, Youth and Sports

216. As indicated previously, pupils have the right under article 9.2 of the Llei qualificada d’educació (Qualified Act on Education) to receive the necessary help to compensate for any financial, social and cultural family shortcomings, in conformity with the law.

Figure 7

Distribution of scholarship pupils

Distribution of scholarship pupils by sex (2005)

17

38

4

404

17

35

2

345

0

50

100

150

200

250

300

350

400

450

Non-university

scholarship

holders in Andorra

Vocational

training and

other non-university

levels abroad

University students

in Andorra and abroad

Student loans

Women

Men

G124148916.jpg

Source: Ministry of Education, Vocational Training, Youth and Sports

217. Adults are guaranteed access to basic education through the adult education system. Article 4 of the Llei qualificada d’educació (qualified-majority Education Act) establishes that this training is free of charge for residents of Andorra.

218. Articles 9, 10.1 and 10.2 of the revised European Social Charter, as described previously, and article 19.11 aimed at promoting and facilitating learning of the official language of the host country by migrant workers and their families, are also applicable.

219. Consulta Jove develops information, counselling and screening programmes for young people in Andorra, in close cooperation with the different educational systems. However, the SAAS activity reports between 1997 and 2005 do not provide information in this regard.

220. Andorra has also adopted article 1.4 (Right to work) of the revised European Social Charter, which it has fully endorsed.

9. Employment rates

221. The majority of the population has a job in Andorra. The employment rate is very high, for women and men alike. In 2005, for example, 72 per cent of women of working age (16-64) were in work. Most women of working age therefore have a job. The corresponding figure for men is 77 per cent. Over a period of eight years, there has been a 20 per cent the relative increase in the employment rate of women, which confirms women’s integration and increased presence in the Andorran labour market.

Table 43

Employment rate in Andorra, Spain and EU-25 (2005)

Employment rate in Andorra, Spain and the 25 members of the EU
Employment rate (%)
Andorra (2005)

Women
72,262
Men
77,072
Total
74,67[7]
Spain (2005)

Women
52,4
Men
73,7
Total
63,1
EU-25 (2005)

Women
57,6
Men
70,8
Total
64,3

Compiled internally

Sources: CASS, Department of Labour and Eurostat

Table 44

Indicator of inequalities in employment rates (1997 and 2005)[8]


1997

2005
Women
Men
Indicator

Women
Men
Indicator
Inequalities in employment rates
58.7
64.6
0.90
72.3
77.1
0.94

Compiled internally

Sources: CASS and the Department of Labour

222. Labour legislation in Andorra, more specifically the Llei sobre el contracte laboral (Employment Contracts Act No. 8/2003 of 12 June 2003) does not contain any express provision guaranteeing the right to equal employment opportunities, including application of the same selection criteria in matters of employment. In practice, no discrimination has been observed in the private sector, equality in this field being absolute.

223. In the public sector, the Llei de la Funció Pública (Civil Service Act), adopted by parliament on 15 December 2000, guarantees the rights mentioned in article 25 of the Act, namely observance of the principles of publicity, equality and competition in the selection of personnel.

224. The principles underlying the Llei de la Funció Pública (Civil Service Act) are developed in the Reglament de selecció, promoció i carrera professional de l’Administració general (Regulations concerning Selection, Promotion and Professional Service in the General Administration), adopted by the Government on 10 November 2004.

225. Andorra recognizes the right to the free choice of profession and employment and has therefore fully accepted articles 1 and 20 of the revised European Social Charter, in particular paragraph 2 of article 1 of the Charter, which guarantees effective protection of the right of workers to earn their living in an occupation freely entered upon. The right to promotion is guaranteed by article 29 of the Constitution of the Principality of Andorra and article 26 of the Llei sobre el contracte laboral (Employment Contracts Act).

226. The right to stability of employment is established under article 57.2 of the Llei de la Funció Pública (Civil Service Act). The provisions of article 57.2 are reproduced hereafter.

227. In the private sector, the duration and annulment of the employment contract are regulated by articles 14, 15, 16, 17, 18, 70, 72, 73 and 75 of the Llei sobre el contracte laboral (Employment Contracts Act). A failure to observe the law on the part of the employer is punishable under article 76, which provides for the payment of financial compensation to the employee and reinstatement in the enterprise concerned.

228. The right to promotion and vocational training is guaranteed in article 26 of the Llei sobre el contracte laboral (Employment Contracts Act).

229. Andorra has moreover fully accepted article 10 of the revised European Social Charter on the right to vocational training.

230. Inequalities in the employment contracts of men and women are mainly reflected in unequal wages: in 1997 women’s wages were on average 45 per cent lower than those of men; this differential reached a peak in 2000, when the difference between men’s and women’s wages stood at 48 per cent. Beginning in 2001, the gap started to close so that by 2005 women’s salaries stood on average at 42 per cent below those of men.

231. The table below shows the average wage of women and the average wage of men: the inequalities are considerable, in both 1997 and 2005.

Table 45

Indicator of wage inequalities[9] (1997 and 2005)


1997

2005
Women
Men
Indicator

Women
Men
Indicator
Wage inequalities
€879
€1 280.9
0.69
€1 353
€2 001
0.68

Compiled internally

Sources: CASS and the Department of Labour

232. The differences in wages between men and women in Andorra is perhaps due to two factors. Women have access to low-paid jobs, with the result that the jobs performed by women, traditionally regarded as women’s jobs, are less well remunerated. Moreover, women have less access to better remunerated senior posts, which is reflected subsequently in a significant difference in the level of their retirement pensions.

233. In the case of domestic work in private houses or for the local authorities, apart from the fact that such jobs are among the lowest paid (equivalent to the minimum wage) and are largely performed by women, the wages earned by men are higher by 50 to 68 per cent. There is thus a double discrimination here: women are less well paid in jobs traditionally regarded as women’s work, and they have less access to higher-level posts.

Table 46

Trends in average pension amounts in euros, by type of pension and sex (2000-2005)

Type of pension
2000
Average pension

2001
Average pension

2002
Average pension

2003
Average pension

2004
Average pension

2005
Average pension
W
M

W
M

W
M

W
M

W
M

W
M
Disability (old-age)
385
551
399
585
411
593
428
612
440
619
453
637
Disability (illness)
363
423
372
439
377
444
393
452
414
459
428
481
Disability
(work accident)
239
418
256
407
309
397
295
448
225
458
258
462













Non-contributory old-age
184
182
191
197
195
195
202
208
211
210
225
217
Main old-age
262
358
265
370
270
374
277
384
282
392
288
402

Compiled internally

Source: CASS

234. Regarding the prevention of discrimination against women as a result of marriage or childbearing and in order to ensure their effective right to work, Andorra legislation categorically prohibits the dismissal of a pregnant employee; by way of sanction, it provides for the payment of compensation by the employer, which cannot be less than three months’ salary per year of service, and for the employee to be free to demand reinstatement in the firm. The provisions of subparagraph’s 4 and 5 of article 76 of the Llei sobre el contracte de treball (Employment Contracts Act) are reproduced below.

235. In addition, Andorra has fully adopted article 8 (Right of employed women to protection of maternity) of the revised European Social Charter.

236. Andorran legislation provides for the right to maternity leave under article 21 of the Llei sobre el contracte laboral (Employment Contracts Act). In addition, Andorra has adopted in its entirety article 8 (Right of employed women to protection of maternity) of the revised European Social Charter.

237. With regard to the creation of the necessary social support services to enable parents to balance family duties, professional responsibilities and participation in public life, particularly through the establishment and development of a network of childcare centres, reference should be made to the Llei de guarderies infantils (Childcare Centres Act), adopted in 1995 and developed by the Reglament de guarderies infantils (Childcare Centres Regulation dated 30 November 1995, most recently amended on 27 May 2005). Mention should also be made of the Reglament de guardes d’infants a domicili (Child Homecare Centres Regulation), adopted by the Government on 28 February 2001.

XIII. Balancing family life and work

238. Statistics reveal that women are mainly responsible for managing and organizing everyday family life in Andorra.

239. To show how working mothers manage and live the different periods of the day, a qualitative enquiry was undertaken in 2005 on the following topic: how do working mothers view their situation as regards balancing personal, family and working life, and what are the consequences and repercussions of the efforts required to do so?

240. The second aim of this enquiry was to highlight any differences in the way men and women view time, and the roles of each in performing domestic tasks.

Government measures

The binomial: woman and work

241. The Ministry of Health and Welfare has developed a number of programmes, projects and activities in this priority area. They include: a programme concerned with balancing family and working life in Andorra; actions in cooperation with women’s associations to improve the professional qualifications of women in vulnerable situations; and the campaign T’ho creus? (Do you think it is possible?), exploring the differences in living conditions in the family and professional realms and their impact on the lives of men and women.

Programme of the Ministry of Health and Welfare for balancing family and

working life

242. This programme was developed to take account of the social changes in Andorran society. The integration of women in the employment market, the existence of dual income families, the need to share domestic tasks among spouses, the increase in the number of single-parent families, the tendency for mothers to have children increasingly late in life, the fall in the birthrate, the lack of social networks within the immigrant population and the phenomenon of longer working hours have increased awareness among politicians of the problem of balancing family and working life.

XIV. Elimination of all forms of discrimination against women

in health care

243. As indicated previously with reference to articles 1 and 2 of the Committee, health protection and the entitlement to benefits for other personal needs are guaranteed under article 30 of the Constitution of the Principality of Andorra. The right to health protection is safeguarded under the Llei General de Sanitat (Public Health Act), adopted by parliament on 20 March 1989. Implementation of the right to health protection is subject only to the requirement of legal residence in the Principality of Andorra, without discrimination of sex as regards the practical enjoyment of that right. Finally, it should be noted that Andorra has adopted in full articles 11 (the right to protection of health), 12 (the right to social security) and 13 (the right to social and medical assistance) of the revised European Social Charter.

244. Health care under the health system is provided in Andorra by the Government health service and by private individuals and entities.

A. Health cover

245. According to the 2002 national health survey, 99 per cent of those questioned had medical insurance cover. Sixty-one per cent of men and 65 per cent of women were exclusively covered by CASS and 27 per cent of men and 23 per cent of women also had private health insurance.

B. HIV/AIDS

246. In 2004, an inventory of existing cases of HIV/AIDS was drawn up and a project to monitor the epidemic, including the registering of cases, was launched. The Epidemiological Monitoring Section of the Ministry of Health, Welfare and the Family is responsible for following up and monitoring these data in Andorra.

C. Information and prevention campaigns

247. In 2003, World Heart Day focused on cardiovascular diseases among elderly women. Under the slogan of Un cor per a tota la vida (One heart for a lifetime), the Ministry of Health and Welfare developed an information campaign on the prevention of heart ailments, risky behaviour for women of all ages and the consequence of such behaviour for women’s well-being.

248. In August 2004, the campaign to combat gender stereotypes informed the public about the health implications of the unequal participation in sport by women and men, particularly for women’s health.

249. As indicated with reference to article 7 of the Committee, the Ministry of Health, Welfare and the Family supported the Associació de Dones Migrants i d’Andorra (Association of Migrant Women of Andorra) with a grant of €14,214 for its project on equality in respect of sexual and reproductive health.

D. Breast-cancer prevention programme

250. In 2005, an agreement was concluded with the Catalan Institute of Oncology on the establishment of a breast-cancer prevention programme in Andorra. Financing for this programme totalled €84,914. Free access to screening tests was one of the main demands made to the Government by the Association of Immigrant Women in Andorra.

251. Article 10 of the Reglament tècnic de la Caixa Andorrana de Seguretat Social stipulates that pregnant women have the right to four free medical examinations during their pregnancy.

252. All other examinations carried out are reimbursed at the regular Social Security rates.

E. Government measures

253. The mother-and-child programme is dependent on the Andorran Health Service, in particular its primary health-care services. Set up in 1993, this programme provides support for women of childbearing age, monitors risky pregnancies and offers immediate postpartum care to mother and newborn child. Since 2004, this programme provides birth preparedness sessions.

XV. Elimination of all forms of discrimination against women

in economic and social life

254. Article 30 of chapter V (Rights, and economic, social and cultural principles) of the Constitution of the Principality of Andorra recognizes the “right to health protection and to social benefits to meet other needs”.

A. Measures implemented

255. On 7 April, the Andorran parliament adopted the Llei de mesures urgents i puntuals de reforma del sistema de seguretat social (Act No. 4/2006 on urgent ad hoc measures to reform the social security system) to adapt the system to the socio-economic changes that had taken place in the preceding years within the Andorran population and to meet its demands. This Act combines a whole series of measures for improving social protection.

256. This Act fixes orphans pensions at least 30 per cent of the minimum wage and widows allowances at 50 per cent of the minimum wage, and supplements them up when they fall below this level.

B. Social welfare benefits

257. The Reglament de prestacions d’assistència social (Social Welfare Benefits Regulation of 4 December 1996) develops article 6.4 and 12.8 of the Pla Nacional de serveis socials (National Social Services Plan) approved by the Government on 26 April 1995: it defines the different kinds of financial social welfare benefits and their specific features.

258. The table below shows the trend in the distribution of recipients of social welfare benefits between 2003 and 2006. Women are clearly the principal beneficiaries of public welfare on behalf of their families. For example, in 2006 women were three times[10] more numerous than men in requesting social welfare benefits (this table reveals once again that responsibility for survival of the family rests with women).

Table 47

Distribution of recipients of social service benefits, by sex (totals and percentages) (2003-2007)

Year
Women
%
Men
%
Total number
of beneficiaries
Total number
of benefits
2003
95
74
33
26
128
162
2004
95
79
26
21
121
159
2005
108
76
35
24
143
182
2006
84
78
24
22
108
141
2007
126
69
56
31
182
252

Compiled internally

Source: Activity reports of the Department of Welfare and the Family (2001-2007).

259. About one half of the total number of benefits is allocated to women bringing up their children alone.

260. The budget of the Ministry of Health, Welfare and the Family corresponding to these benefits increased by 71 per cent during the period 2002-2007, namely from €315,531.33 to €540,426.37.

C. Housing benefits allocated by the Housing Department

261. In 2005 and 2006 respectively, the Department of Housing awarded 64 per cent and 70 per cent of housing benefits to women, amounting to €306,050.23 in 2005 and €634,250.48 in 2006, or an increase of 107 per cent.

262. In 2006, a quarter of all housing benefits were awarded to women bringing up children alone and one sixth to elderly women.

263. There is another group of women who are the main recipients of housing benefits: young women. In 2005, young women were awarded 59 per cent of the total housing benefits for young people, and in 2006 the figure was 96 per cent.

XVI. Elimination of all forms of discrimination against women

in the civil field

264. Article 13.3 of the Constitution assigns the same rights and duties to spouses, a principal embodied and developed in the Llei qualificada de matrimoni (Qualified Act on Marriage) of 30 June 1995.

265. Article 27 of chapter V (Rights, and economic, social and cultural principles) of the Constitution of the Principality of Andorra recognizes the right to private property and the right of inheritance, without restrictions other than those deriving from the public interest. No one may be deprived of his or her goods or rights, except on the grounds of the public interest, in exchange for fair compensation and in accordance with the requirements of the law.

266. Article 10 of the Constitution of the Principality of Andorra recognizes the right to institute court proceedings and obtain a court order based in law, the right to due and impartial process, the right to defend oneself and obtain the advice of a lawyer, the right to trial within a reasonable time, the right to be presumed innocent and be informed of the charge, the right not to declare oneself guilty and not to make self-incriminating statements, and, in criminal proceedings, the right of appeal.

254. Article 21 of the Constitution of the Principality of Andorra recognizes the right of all to move freely about the national territory and to enter and leave the country in accordance with the law. Paragraph 2 of this article establishes the right of Andorran nationals and lawfully resident foreigners to choose their place of residence freely in the Principality of Andorra.

267. This principle is also embodied in the Llei qualificada d’immigració (Qualified Act on Immigration of 14 May 2002), article 16 of which establishes the principle of freedom of movement. No immigration permit is necessary for foreign tourists, who can circulate freely and choose their place of stay in the territory of the Principality of Andorra.

268. It should be noted that article 13.3 of the Constitution of the Principality provides that “spouses have the same rights and duties. All children are equal before the law, regardless of their parentage”. The Llei qualificada del matrimoni (Qualified Act [of 30 June 1995] on Marriage) applies the principle of gender equality and establishes, in article 10, that “marriage assigns to both spouses the same rights and imposes on them the same duties, including the duty to provide for the needs and education of their children”. Article 12 of the same law stipulates that parental authority is exercised jointly by both parents. Since the submission of the initial report to the Committee, national legislation on the question has not been modified but article 13 of the Llei qualificada del matrimoni (Qualified Act on Marriage) has been repealed.

269. In accordance with the concluding observations of the Committee dated 3 November 2004, article 13 of the Llei de matrimoni (Marriage Act), which required widows to wait 300 days before remarrying, has been repealed.

270. Mention should also be made of the adoption of Llei 15/2004 qualificada d’incapacitació i organismes tutelars (Qualified Act No. 15/2004 [of 3 November 2004] on Incapacity and Tutelary Agencies), as well as article 168 on the failure to render assistance to one’s children, defined as an offence in the Criminal Code of 21 February 2005.

271. Article 16 of the Convention on the Rights of the Child establishes that no child shall be subjected to arbitrary or unlawful interference with his or her privacy, family, or correspondence, nor to unlawful attacks on his or her honour and reputation. Andorran legislation sets the minimum age for contracting marriage at 16 years for both men and women.

272. Between 1997 and 2006, the number of marriages in Andorra increased by 196 per cent.

Figure 8

Trends in the total number of marriages (1997-2006)

0

50

100

150

200

250

300

350

1997

1998

1999

2000

2001

2002

2003

2004

2005

2006

G124148917.jpg

Compiled internally

Source: Studies Department of the Ministry of Finance

XVII. Conclusion

273. We have seen throughout this study the complex nature of discrimination as a multidimensional phenomenon calling for a multidisciplinary and crosscutting approach.

274. In the years to come, Andorra is committed to combating any form of discrimination against women by taking the gender perspective into account in the introduction of new policies.

275. An important aspect will be to increase women’s representation in public life and in decision-making posts over the coming years.

276. It is also considered important to adopt measures aimed at reconciling family and working life from the standpoint of gender equality.

277. Joint efforts with the Ministry of Education to establish workshops for young people focused on the value of gender equality and on gender stereotypes and violence are vital in this regard.

278. Another important topic, particularly in a highly traditional society such as ours, is the loosening of family structures as a factor of equality for women, since the public assumption of responsibility for traditionally “feminine” tasks liberates women from such constraints (in particular caring for “dependent” individuals such as children or the elderly) and leaves them sufficient time to work and gain financial independence.

279. In this connection, the Ministry of Health, Welfare and Employment is engaged in establishing social and medical home-help networks since women’s independence is bound up with issues of caring, mainly looking after children and caring for the elderly and other dependent persons. The achievement of greater equality is therefore conditional on the recognition that caring for dependent persons is a challenge for society as a whole.

280. Our aim is to arrive at a fairer and more equal society through the introduction of egalitarian policies, which are one of the main driving forces of social change and socioeconomic development.

Annexes

I. Tables of education indicators

1. Trends in school enrolments, by age and sex, 1997-2005

2. Trends in the overall population, by age and sex, 1997-2005

3. Pupils enrolled, by level, educational system and gender, 1997-2005

4. Total number of scholarship holders, by level and gender, 1997-2005

5. Data on educational personnel, by gender, level of education and educational system, 1997-2005

6. Higher education students, by subject studied and gender, 1997-2005

II. Tables of employment indicators

1. Trends in the wage-earning population, overall and by gender, 1997-2005

2. Trends in the average wage, overall and by gender, 1997-2005

3. Average wage, by activity and gender, 1997-2005

4. Wage earners, by sector of activity and gender, 1997-2005

5. Occupancy rate, by gender and occupation, 1997-2005

6. Working population, by age and gender, 1997-2005

7. Trends in the budget of the Plan for the Promotion of Women, 2002-2007

8. Businesses, by gender of owner, 1997-2005

9. Average benefit, by type of retirement pension and gender, 2000-2005

10. Working-age population, by year and gender, 1997-2005

11. Composition of sectors of activity, by gender of wage earners, 1997-2005

Servicios

Bellas artes y

artes aplicadas

Ingeniería

Ciencias naturales


[*] In accordance with the information transmitted to States parties regarding the processing of their reports, the present document was not edited before being sent to the United Nations translation services.

[1] United Nations publication, Sales No. F.97.XVII.10.

[2] A llei qualificada is a law enacted by absolute majority [translator’s note].

[3] While the approval of the initial budget focused on the promotion of women’s rights constitutes progress, it should be pointed out that it represents only 0.80 per cent of the total budget of the Ministry of Health and Welfare and 0.04 per cent of the total Government budget for 2006.

[4] All the amounts cited in this report are in euros.

[5] For further information, see the Decret d’aprovació del Reglament d’ajuts a l’habitatge de lloguer (Decree of 30 April 2005 approving the Rented Accommodation Assistance Regulation) (Official Bulletin of Andorra, No. 30, 6 April 2005).

[6] The register of associations was set up under the Llei Qualificada d’Associacions (Qualified Associations Act of 29 December 2000) and developed by the Decret pel que s’aprova el Reglament de Registre d’Associacions (Decree of 1st August 2001 approving the regulations of the register of associations).

[7] Esa tasa de empleo es superior a la prevista en los objetivos intermedios de la Estrategia de Lisboa (70% en el caso de los hombres y 60% en el de las mujeres).

[8] Carrasco, C. and Domínguez, M., 2003.

[9] Ibid.

[10] The precise ratio is 3.5 women for 1 man.


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