Impact Equality laws in Latin America: The Case of Venezuela
By: Evangelina Garcia
The ideas in this document are the sole responsibility of the individual authors and not necessarily those of the IIHR or those of their donors.
Reproduction in whole or part of the material published here, provided they are not altered, the corresponding credits and then get a copy of the publication or reproduction IIHR. Presentation
The American Institute of Human Rights (IIHR)-since 2002 and USAID-sponsored, developed the project "Promoting a culture of inclusion" in the context of a program focused on building more inclusive and transparent democracies in Latin America for the effective protection of human rights.
The project aims to encourage the promotion of a culture of inclusion, to promote the active exercise of human rights in conditions of greater equality, particularly for women, indigenous peoples and Afro-descendants.
In that sense it has contributed to the development of research related to existing legislation in Latin America, equality of opportunity between men and women:
• In 2003, the research emphasis was the articulation and advocacy of women's organizations of civil society in the discussion and adoption of the law in each country (Costa Rica, Honduras, Panama and Venezuela).
• In 2006, the investigation focuses on the impact of equality legislation in three areas: legislation, public policies and institutions in each country (Costa Rica, Honduras, Panama and Venezuela also includes Colombia, which passed similar legislation in July 2003).
hope that the findings of this research help to facilitate learning and knowledge useful for similar experiences in other Latin American countries.
1. Introduction
Preparation of research
research done on the subject statement was coordinated regional institutionally by the American Institute of Human Rights (IIHR) and had the fundamental purpose, to continue operations previously carried out with Sponsored by USAID, "to promote the production of knowledge (and its subsequent diffusion) in an area little explored analysis, such as determining the impact of the laws of
have equal opportunities in its implementation in legislation, public policy and institutionalization of gender equality.
Research on Venezuelan law was part of a regional effort involving other countries. Specifically: Panama, Colombia, Costa Rica, Colombia, Honduras and Panama. IIHR asked the consultants engaged in the various countries, the respective methodological proposals which were socialized among the perpetrators, as an important input for the various experiences. The proposal of the Venezuelan consultant was aceptada1 and on the basis of its content has been developed exploratory work and analysis and drafting of this report.
The proposal was based on an interpretation of the requirements contained in the terms of reference for recruitment and as such, the contents of the investigation should cover various issues such as strategies, would know the possible impacts of the Equal Opportunities Act in force in Venezuela . Overall, proposed the following contents for Research:
• Characterization of the Equal Opportunity Act.
• Legislation and other state public policies created from the Equal Opportunities Act. Governmental
• Public policies created since then.
• Public Actions implemented to comply with the contents of the Equality Act.
• Other political initiatives that are based on the Law of Equal Opportunity.
• Other equality policies and / or existing equity.
• Difficulties and weaknesses in the law
• Lessons learned.
2. Background
The Equal Opportunities Act represented at times of their development, legislative approval and promulgation, a step in the process sustained progress in legislative and administrative policy made by the Venezuelan women since they were given the vote 1947. As noted
Isolda Heredia de Salvatierra in earlier work under the auspices of the Interamerican Institute of Human Rights, the course of events since then, said over the decades after "an improvement" of the position and status of the interests and needs women in public policy, where the milestones were:
1) In 1947 he established the right of women to vote and that same year, 15 women were elected deputies to the Constituent Assembly, which was to punish the new Constitution Venezuela policy.
2) In 1961 the Constitution of the Republic of Venezuela establishes the prohibition of discrimination based on race, sex, creed or social status in Article 61.
3) In 1964 he was appointed the first woman to serve on the Executive Cabinet, as Minister of Development, which has since opened the doors of that body to the presence, usually minority women.
4) In 1974 he created the first Women's Advisory Commission of the Presidency of the Republic, COFEAPRE, who managed to organize and conduct the First Venezuelan Congress of Women, made the first diagnosis of the situation of Venezuelan women and develop the first agenda Venezuelan women with the results of the first Congress.
5) In 1979, he appointed a Minister of State for Participation Women in Development, who urged, among other steps, reforming the Civil Code and the Act approving the CEDAW Convention.
4) In 1982 he promulgated the Law on Partial Reform of the Civil Code, through popular initiative mobilized by women supported by the Minister of State.
5) That same year ratified the Convention on the Elimination of All Forms of Discrimination Against Women Act is Venezuelan.
6) in 1984 establishing the National Women's Office attached to the Directorate General of Family Sector within the Ministry of Youth and initiates the formation of advisory committees for the management of policies for the advancement of women. These committees formed as mixed groups were composed of women from civil society, officials, femeaucrats, women from political parties and academic bodies acted as advisors to the Minister and the offices involved.
7) In 1987 the Ministry of Youth was transformed and become the Ministry of Family, whose structure disappears within the National Office of Women and created the General Sectoral Directorate for the Promotion of Women as the instance of senior political national government's administrative responsibilities in the creation and development of programs and projects for the advancement of women in various spheres of public action.
8) In 1989 he created the Bicameral Commission for the Rights of Women of the now defunct Congress of the Republic of Venezuela, with a broad mandate covering main tasks: improving the existing legislation and the production of new laws in search of equality, support for nongovernmental organizations defending the rights of women, children and family care and legal advice to individuals, among other objectives. The life of this Commission, which existed until 1999 when he disappeared with the changes imposed on the State's institutional system with the new constitution adopted on that date, was fruitful. To his credit include the following achievements: the adoption of the Law on Equal Opportunities for Women, the Law Approving the Latin American Convention on the Prevention, Punishment and Eradication of Violence against Women, known as the "Convention of Belém do Pará" Partial Amendment of the Labor Law , Title VI of the Labour Protection of Motherhood and the Family, which established the maternity rights and job security during pregnancy and the postpartum period, the approval of Art.144, which established a quota of women's political participation in the Law Reform of the Organic Law of Suffrage and Political Participation and the Law on Violence Against Women and the Family.
9) That same year, 1989, is appointed a Minister of State for the Promotion of Women and is designated a premonition of the second Women's Advisory Commission of the Presidency of the Republic, engaged in the coordination of public programs for the benefit of women.
10) In 1990, approves the amendment to Title VI of the Labour Act that established the maternity rights, as protection of pregnant workers from dismissal.
11) December 30, 1992, by Presidential Decree No. 2722 establishing the National Council of Women, which replaces the second Women's Advisory Commission of the Presidency of the Republic (COFEAPRE), with the overall aim of ensuring the achieving equal rights and indeed among Venezuelans, according to the provisions of CEDAW.
12) September 28, 1993 is enacted the Law on Equal Opportunities.
13) In 1994 there was the ratification by the Venezuelan government and Venezuelan law subsequent conversion of the Convention on the Prevention, Punishment and Eradication of Violence against Women, "Convention of Belem do Para" (CIM / OAS, 1995).
14) In 1997 he produced the reform of the Law of Suffrage and Political Participation, which states in Article 144 a participation rate of 30% of women on electoral lists of candidates for elective office.
15) was approved in 1998 and promulgated the Law on Violence against Women and the Family.
16) in 1999 adopted a new Constitution of the Bolivarian Republic of Venezuela which provides for the first time directly and as part of the Constitution the principle of equality, ensuring de facto equality and the ability and obligation of public bodies to employ affirmative action to achieve real equality.
17) In 1999 the President of the Bolivarian Republic of Venezuela by a Decree promulgates the amendment to the Law on Equal Opportunities and created by the mandate of the Act, the National Women's Institute, whose board, by this decree is modified from its original form.
3. Development report on the results of research
Characterization Equal Opportunity Act
General Law on Equal Opportunities for Women was enacted in 1993. Subsequently by Decree of the President of the Republic in 1999 was reformed especially on items that affected the organizational structure of the National Institute of Women on the approach originally established in the 1993 version. The Act promotes equal opportunities and non-discrimination against women and create the National Women's Institute which is defined authorities, roles and procedures. Contains Titles VII and 69 Articles, which are as follows:
Title I: Equal Rights for Men and Women
Chapter I: General Provisions Chapter II
: The principle of equality and non discrimination against women
Title II: Rights of Women
Chapter I: equal training of citizens
Chapter II: Of the women's labor rights
Chapter III: Political rights and women's union
Chapter IV: economic rights Women
Section One: Women in rural
Section Two: From the artisans and micro
Chapter V: Social Rights
Section One: From domestic partner services
Section Two: Elderly woman
Title III: National Institute of Women
Chapter I: From its establishment and heritage
Chapter II: the National Institute for Women
Chapter III: Organization of the National Institute of Women
Title IV: National Office of Women's Rights
Title V: Rights Abuses Against Violence and Title VI
: In International Relations
Title VII: Disposal
character
Law Act leans primarily as a law program. There is a bill of rights, as such, although the text set out in some indirect way that once were new to the Venezuelan women. Several of the duties on certain areas contained in the law (education, political participation, work, health) are not specifically set out or developed in all cases and in some, where the text of the law states set specific definitions appear incomplete. In some ways follow some of the lines set out in the Convention on All Forms of Discrimination against Women to the bases, since the very CEDAW, states are not rights at all items but mainly obligations of States that create them and only in some specific reference to specific duties. The Convention is explicit in pointing out specific rights and obligations of the state that hold rights only in certain areas of its normative content.
The education is developed in Part II: "The rights of women", Chapter I: "From training equal citizens." The provisions in this area are carried out in Articles 8, 9 and 10. In them, the Act provides in part the meaning of the text of Article 10 of CEDAW (obligations of States Parties in education) and notes from the obligations of the law should take the Venezuelan government, even if it does not reflect all sections of the CEDAW deductible program in education. Has in this aspect mainly programmatic sense.
On labor rights, developed in the same Title II, Chapter II: "In the labor rights of women", articles 11 to 17, the Act sets out the rights in Article 11, so low in comparison with CEDAW Convention that fundamenta3. These rights are limited under the Act to "the right to urban and rural work, equal access to all employment, positions, promotions, opportunities and equal remuneration for equal work. "The rest of the article is essentially programmatic and does not include in its scope the content established in the CEDAW for labor rights that the Convention states very specifically.
Political rights are outlined in Chapter III, 'From political and trade union rights of women ", in Articles 18 to 24. In these articles the emphasis is placed on ensuring the equal participation of women in processes and in all areas of organizations, of which the State must take responsibility . Again, some provisions of CEDAW were omitted. A curious fact about this chapter is that Article 24 concerns more like a labor law that a political right within the meaning of the above:
Article 24: Pregnancy is a natural condition of women and as such can not be grounds for discrimination. Therefore, enterprises shall not require or practice to job seekers or workers in a company incorporated and medical examinations to rule out or verify a possible pregnancy, for the purpose of approving or rejecting the entry or stay in the company . Such action shall be considered as harmful to women's labor rights, and as such, will result in the application of the Remedy for.
The content of Chapter IV: "From the economic of women "are stated in Articles 25 to 38, whose content seems to be based on Articles 13 and 14 of the CEDAW, as most of the articles are linked to the State's obligations to provide women access to production, credit, home ownership, to cooperative production and consumption, raw materials, training, training and expertise in these areas. The law in this chapter gives special consideration of obligations to rural women the artisans and entrepreneurs and is also a programmatic emphasis focused on bonds.
Chapter V of Title is integrated by provisions which enshrine the state duties on "domestic and social services" and care for older women.
Title III is devoted to the creation and definition of integration, the structure of the National Women's Institute, INAMUJER. Title IV to the establishment and functions of the Office of Women's Rights.
In Title V, "The rights against violence and abuse," down "the rights of women against attacks that violate their dignity and physical, sexual, emotional or psychological, which actually down more than directly or indirectly, rights statements, detailed program also on the bonds. Under Title VI, said the prerogatives of INAMUJER and Title VII program is legislation on the representation of Venezuelan women in international events.
This brief review shows that the dominant character in this instrument is to be primarily a law program. However, it contains provisions that have no administrative responsibilities to local bodies responsible directionality, which is practically committed part of the real feasibility of the instrument. Such is the case, for example, Article 20, which states: "The urban and rural unions, unions of professionals and technicians, and other organizations representing civil society, promote the participation and integration of women in all levels of the organizational structure under the same conditions, for which they must reform its statutes and internal functioning.
Nowhere states who will take over the Compliance with this rule. As this are numerous examples. It is a law program where the state's responsibilities are not fully defined.
Aspects of legislative drafting
The instrument has some legislative technical failures, especially in identifying state bodies to be involved in compliance. Some of the bodies referred implicitly (with marking of obligations) or explicitly, have been transformed, have disappeared or been replaced by others with different names which creates a margin of ambiguity involves the implementation of the standard. The same applies to certain laws cited, which have no effect or were repealed. Moreover, much of the state responsibilities listed in the Act, no address appear responsible in the respective articles.
Bias in the language used in the law
Some sexist androcentric biases have been detected in the language that expresses the content of the law generally prevails in the use of masculine words, used as a false generic. All text suffers from this flaw. On the other hand, several articles appear biases that naturalize the female, or give an accent familistic or widespread support as male. Some examples of androcentric biases are:
First example: "Article 13: The social security system and social welfare programs and private, will provide comprehensive coverage against sickness and maternity benefits for working women" ( emphasis added).
Using the term "risk" to qualify for maternity is placed in the same order of disease, male preserves the language of this branch of activity (insurance) and away la significación del derecho que corresponde a la salud reproductiva.
Segundo ejemplo: "Artículo 24: El embarazo es una condición natural de la mujer y como tal no puede ser motivo de discriminación. Por lo tanto…" (destacado nuestro).
La concepción del embarazo como "condición natural" no parece ser la expresión más afortunada, ya que reafirma la condición naturalista que ha dominado las concepciones sobre la mujer; el evocar las dimensiones biológicas del embarazo no es la razón que debe prevalecer para impedir la discriminación. El embarazarse es un derecho que no puede ser restringido por factores ajenos a la voluntad de la mujer o de ella y su pareja de común acuerdo, si fuese the case.
Some conceptual deficiencies
Some of the content of articles of Law, presents some confusion, overlaps and conceptual shortcomings that compromise its proper interpretation by the institutions to be in charge of implementation. Leaving aside what would be an extensive discussion on the meaning of the concept of "Equal Opportunities", which for the time which was drafted and adopted the law was quite fuzzy, especially in Latin America and the Caribbean, we can cite, by way of example only, some cases where the interpretation of the articles could lead to confusion in the implementation of the law then those listed examples:
First example:
Article 1
Article 2
Article 3
Article 4
This Act regulates the exercise of the rights and guarantees necessary to ensure equal opportunities for women, based in the Act approving the Convention on the Elimination of All Forms of Discrimination against Women.
The purpose of this Act is to guarantee women the full exercise of their rights, the development of his personality, aptitudes and abilities
This Act is based on the recognition of women's legal equality for all legal proceedings and transactions, so that laws that still maintain standards that preclude or mitigate their legal capacity, are regarded as discriminatory within the meaning of it.
The State shall guarantee equal opportunities for men and women before the law, through policies, plans and programs, on the basis of a comprehensive social security system where you take on aspects of health, education, nutrition, recreation, work and work stability.
In our opinion, these first four articles of the Act offers express the relatively undefined, incomplete and even misleading the concept around which the backbone of the development of the instrument: the Equal Opportunities. Articulation of four articles in regard to regulation, (Art. 1), the object (Art. 2), the foundation (Art. 3) and guarantees (Art. 4) of the Equal Opportunity is limited and relatively incoherent and do not generate a consistent and coherent definition of the central concept of the Law legitimate question about what this means for Equal Opportunities Act can have multiple answers, according to the contents of these articles as follows: Under
Article 1, Equal Opportunities can be interpreted as the effective exercise of the rights of women contained in the CEDAW Convention, which, as discussed in the matrix analysis of articulated included at the end of this report is not developed completely and clearly.
According to Article 2, Equal Opportunities, in addition to the exercise of rights would include the guarantee by the state of development of their personality, skills and abilities ("personal, human?) For women.
According to Article 3, the Equal Opportunities has an emphasis on recognizing the legal equality of women.
Finally, according to Article 4, the Equal Opportunities would be defined by actual performance by the status of a "comprehensive social security system where you take on aspects of health, education, food, recreation, work and job stability. This list excludes the full merits of the rights enshrined in CEDAW, such as political rights and places emphasis on a broad concept and incomplete despite this, social security, among other observations.
As you noted, the law is in this sense a significant conceptual inadequacy or failure by the importance that the concept of Equal Opportunities in the global context of the instrument.
Clearly the emphasis placed on the LIOM discrimination in legal texts and the weakness of the definition of discrimination in terms of the facts, when identified with actions that "impair" the "status" of women, moreover concept refers primarily to material needs and interests of women, by the time of the discussion of the LIOM was pretty clear from the contributions of Maxine Molineaux, Karen Levy Caroline Moser. It
complex, to say the least, to accept the validity of a legal proposal that seeks to "safeguard" much less "promote" the participation of women in the informal economy, which as everyone knows is an industry where it hides unemployment and poverty throughout Latin America and the Caribbean and there are no minimum rights in labor and social security. Since the time of the drafting of the Act, conceptual discussion had taken place in the country and the region. The interpretation is complicated by the density of conceptual and programmatic content of the article, regarding the State's obligations to its full implementation.
Legislation and other state and governmental policies created from the Equal Opportunities for Women and actions taken to comply
Balance Sheet Preparation of a detailed analysis matrix that allowed us to explore and to monitor the implementation of each of the articles of the Act offers as well as the insights and opinions of individuals and qualified cooperating groups are the objective basis which enabled the consultancy to conclude that this law has had a very weak influence on public policies in Venezuela, in general, and those that have been implemented with special direction to the situation and interests women. It's been a rather sterile Act in its consequences on public policies and actions of the State in its various authorities and implementing agencies. Apart from that the bulk of the Act are not fulfilled, there are some situations and administrative regulations that have led to clear decreases with respect to rights that Venezuelan women have won in previous legislation.
This most likely has been partially conditioned by the characteristics of the context in which prepared, discussed and enacted LIOM and flaws in the process of formulation and content.
regard to context, as noted, the law was enacted in 1993 and their fate was linked to very turbulent political events that marked those years, since near the end of the administration of President Carlos Andres Perez, in which period discussed, Perez was tried and dismissed. During the process very complex to the President of the Republic, the Law had an eventful year which prevented the enactment received. Once dismissed by the President on trial, Congress appointed a provisional president, who lasted six months in office, during which the instrument was issued. Shortly after he was elected another President of the Republic of Venezuela, Rafael Caldera. In the five years of its mandate, the Law was not activated in the actions of the executive branch and remained practically shelved.
The current President Hugo Chavez, reformed Ley5 rule by decree on 25 October 1999, which amended the part of the articles that has to do with the composition of the authorities of the National Women's Institute and appointment authority.
The actual achievements of the law are rare, even the point that in most of the interviews, people are not granted, or not recognize their minimum credit completion. Aspects
executed and specific achievements of the Law
Most aspects mentioned in this apart as satisfied or issues that appear linked achievements with the provisions contained in the provisions of the Act, according to documents containing respective policy guidelines do not indicate that implementation has been inspired by the mandate of the Act offers. They appear as alleged enforceable related to the law, because otherwise the report would result in only two main facts straight originated in the LIOM: the creation of the National Institute of Women (Article 44) and the designation of the National Defender of Women's Rights. (Article 52). The creation of the Women's Bank, at least in the decree of its creation was not linked to the LIOM.
In order to identify the largest number of shares that may be implicitly or explicitly inspired by the Act offers the consultant has examined the enforcement of the government since the enactment so far in the quest to assess the extent and possible impacts of instrument . Therefore, in some articles analyzed, as shown in Matrix Analysis prepared for this purpose appear aspects of public action that timely, complete, partial or circumstantial could be interpreted as responses to the mandates of the law Despite this effort, as discussed in subsequent paragraphs, the impact is very limited and in view of many people we spoke or responded to surveys, almost nil.
then discusses those papers in which some action has been detected that can correspond to the mandate of the articles.
1) Article 4: The State guarantees equal opportunities for men and women before the law, through policies, plans and programs, on the basis of a comprehensive social security system where you take aspects of health, education, nutrition, recreation, work and job stability.
Achievement: The only achievement that can be linked to the content of this article addresses the issue of social security. Spinning fine on the meaning of this part of the mandate of the article, can be recognized as an achievement which the President has decreed in March 2006, one hundred thousand (100,000) homemakers, receive an allowance permanent or ad hoc of 372 thousand bolivar, ie 80% of the minimum wage.
This is a timely development, incomplete, as the contents of the article, especially as regards social security system amplio, que por otra parte, en su sanción legal no muestra ninguna señal que permita deducir que fue inspirado en la LIOM
Esta disposición se vincula a mandatos de la Ley de Servicios Sociales al Adulto Mayor y Otras Categorías de Personas que establece en el Título 3, Capítulo 2, Artículo 41, de las "Asignaciones económicas del ama de casa", el pago a éstas de una pensión del 60 al 80% del salario mínimo urbano. Esta normativa intenta un desarrollo del Art. 88 de la Constitución que establece el derecho a la seguridad social de las amas de casa. Esta disposición dio origen a un proceso de discusión sobre cuál debía ser el despacho encargado de reglamentar quiénes son esas amas de house in need who will benefit from such financial allowance. During the discussion, some parliamentarians and people of the Academy and Civil Society, agreed the requirements for beneficiaries to make possible the financing. The presidential decree obviated these criteria had been agreed by the aforementioned groups, including one's own parliament.
2) Article 14: To provide social and economic security to the family of working women, the National Executive progressively established a policy of family allowances for dependents
resolve it. Also, through the Ministry of Labour, promote projects to improve the conditions of women in the workplace and ensure equal opportunities for women entering the labor market.
Achievement: The Social Service Act enacted by the National Assembly in September 2005, regulates the social benefits to the elderly. In its Article 32 states that families in situations of economic vulnerability are entitled to an allowance.
could be a part of normative development for the content of Article 14, which states that the text of the Social Services Act, it appears based on the LIOM. On the other hand, this provision has not yet been implemented
3) Article 26: The State shall ensure the effective incorporation of women into production, micro-enterprises, cooperatives and small, medium and large industries.
Achievement: Creating the Development Bank of Women on March 8, 2001. It is defined as micro-public financial institution, providing micro-credit and other financial and nonfinancial, for the development of low-income women, in poverty initiatives carried out production of goods and services, micro-marketing business sectors. The Bank also conducts training, technology transfer to small-scale economic units, assistance accompanying technical and empowerment purposes beneficiary rights. In accessible government information are other financial institutions (Banco del Pueblo Soberano, FONCREI Industrial Credit Fund, the Microfinance Development Fund, FONDEMI), all under the Ministry of Popular Economy, as the Bank of Women, but it is not possible have information on credit programs targeting women or volume of its beneficiaries and the characteristics of credit.
This is an incomplete progress on the content of the article. Not handle the incorporation of women into the medium and large industries. In the decree of creation is not mentioned the Law on Equal Opportunities.
4) Article 27: The State guarantees the access to credit programs and the timely assistance and permanent supply of raw materials, training, training and technical advice in the areas of management, marketing and distribution.
Achievement: Linked in part to the creation Development Bank of Women. Partial success in the content of the article. In this case the Bank does not provide raw materials, or training, training and technical advice in the areas of management, marketing and distribution.
5) Article 31: The State shall promote the participation and integration of women in rural, community organizations and in production, trade unions and agricultural and fishing cooperatives, encouraging the effective participation of women in the leadership of such organizations.
Achievement: Linked in part to the creation Development Bank of Women. Partial success in the content of the article. In this case the Bank does not provide raw materials, or training, training and technical advice in the areas of management, marketing and distribution.
6) Article 34: The National Executive shall, through the competent bodies, the production credit, targeting women and men alike without discrimination, and women farmers to develop a project regardless of whether or not a form of association known or anticipated by the pertinent law.
7) Article 37: The State will host the networks of production, distribution and marketing that are the artisans and small and medium industries.
8) Article 38: The micro-entrepreneurs can organize into unions of borrowers for the purpose of obtaining credit given about the National Executive.
Achievement: In the three articles mentioned there partial performances about their contents, through the creation of the Development Bank Women and Peoples Bank and other lending institutions already mentioned, which are the ultimate lenders targeting the popular social sectors, as we have noted. The implications of the actions Banmujer reveal the following figures: in 2002 the gross credit portfolio was Bs 4331.39 million, about two (2) million dollars, but failed to run even 50% of that portfolio funds, for various reasons relating primarily the delay in the flow, in the opinion of the Comptroller General of the Republic, for his high character: 41.57% (2002), for total gross loan portfolio, which in 2003 experienced an increase in delinquencies of 179.61% compared to the index value calculated at 30.06.2002 (14.87%). This situation in the opinion of the Comptroller of the Republic adversely affect the Bank's liquidity and financial intermediation function.
partial accomplishment for the content of articles. The Women's Bank, in addition to providing loans to rural women artisans (not necessarily two distinct categories), provides financial services not linked to the encouragement of women's networks, there is actually an organization called "People's Network of Users of Banmujer" .
9) Article 44: Creation of the National Women's Institute as an Institute Autonomous legal personality, its own assets, independent of the National Treasury.
Achievement: This is in our opinion one of the two achievements that have been developed completely from the Act
10) Article 48: The National Women's Institute aims to: (...) 5. Draft bills and regulations necessary for the promotion of equality and women's rights and real equality of opportunity on its part;
Achievement: In relation to this specific numeral achievement that can be recognized is that been introduced and approved the adoption by the Venezuelan State of the Optional Protocol to CEDAW. Partial achievement to the content Article as it includes twelve (12) paragraphs describing in detail the purpose of National Women's Institute, which has only been achieved that outlines, while others have not succeeded.
11) Article 52: The Executive Board shall appoint the National Defender of Women's Rights, who would direct and manage the National Office of Women's Rights.
Achievement: This is the second of the achievements in a comprehensive manner from the Act, the appointment of a person as National Defender of Women's Rights.
12) Article 66: The Venezuelan government through the agencies, provide weighs the resources needed to ensure the participation of women in all national and international events aiming at studying and analyzing their problems.
Achievement: This article has been met very circumstantially, in certain cases, for certain events, with no guarantee that those involved are representative of all sectors of the country's female population.
Usually in international events, only involves the representations INAMUJER with government officials or functionaries of organizations identified or supporters of political groups in government.
In conclusion, we can deduce that the impact of the action LIOM public authorities has been largely partial, incomplete or timely. Explicitly and directly the most significant influence is expressed in: a) the creation of the National Institute of Women, and b) the designation of the National Defender of Women's Rights and the very limited implementation of some of the tasks assigned
the law and inorganic partial impacts could be linked to the following facts:
• The creation of the Women's Bank.
• Adoption of the Law of the Optional Protocol to CEDAW.
• The creation of standards in the Organic Law of Social Security System (Official Gazette No. 37,600 2/30/2002) and the Social Service Act enacted by the National Assembly in September 2005 that families in situations of economic vulnerability are entitled to an allowance.
• The Presidential Decree of March 2006 stipulating that one hundred thousand (100,000) homemakers, receive an allowance of permanent or ad hoc Bs 372,000, ie 80% of the minimum wage.
• Creation of the CA MERCAL that sells food products in popular areas.
• The provision of the Law on Land and Agricultural Development that rules in Article 14 preference for land allocation to women who are head family.
setbacks since the enactment of Law
Unfortunately during the period of validity of this law there have been setbacks that people consulted and their own consultants consider important:
directly related to the Act, the most significant setback been to eliminate the presence of Civil Society of the governing body of the National Women's Institute, which occurred in 1999 when the President ordered the reform of the Act specifically for this purpose. This prompted expressions of disagreement still remain as to begin its functions INAMUJER same year, the Board decided eliminate "Area Committees, which were advisory committees comprised of women from the public, parliamentarians, leaders of all political parties and civil society, which met from 1984, when they were created, an important supporting role, contribution , monitoring and criticism of public policies.
In 1999, by order of the National Electoral Council has completed the "desaplicación" in Article 144 of the Law of Suffrage and Political Participation recognized a 30% quota reserved for women in the lists of nominations for elected offices . In this case, not only won the provisions of the Act offers, but the provisions of the Constitution on the capabilities of the organs of State to amend the law.
The maternal immunity achieved in 1990 and ratified in the Act offers, was the subject of an infringement originating in the Secretariat of the Presidency of the Republic, in establishing the rule that officials and "reliable" to be passed in any circumstances (including pregnancy), free removal from office that may be held.
3. Conclusions
1. Unfortunately, the conclusion in this exploration is very low, perhaps, has had minimal impact on the LIOM state and governmental policies or any other initiative linked to the merits of any public policy. As demonstrated by the detailed description contained in the Analysis Matrix, has been a starting point, the basis or inspiration for the few existing policies in the country to protect the rights of women or as the creation of institutions partially develop initiatives for equality of women and men.
2. The Act offers has had no impact on women's organizations have demanded compliance and that polls show, is poorly understood and not managed as a reference to women demand rights set forth therein or public duties that announce in their texts.
3. The institutional diffusion has been the Law, has been haphazard and limited. Has resulted in the publication of its text in a brochure, whose circulation has been limited compared to the entire population6, and their posting on the website of INAMUJER. The majority of respondents think the law is not known not only for women but even by the operators and justice and public administration.
4. The mandates of most of the articles of the Act have not been fulfilled. Even non-documents matrix analysis, confirm it. Observations made by the CEDAW Committee both the III °, and the IV °, V th and V th Official Reports government.7 clearly aware of the lack of implementation of the Act also international documents such as ECLAC, the Shadow Report prepared by the Venezuelan NGOs and official government reports themselves demonstrate the abandonment of the mandate of the Act and its limited relevance to decisions taken.
Below is a table that expresses the level and quality of enforcement of the articles of the Act itself demonstrates that two-thirds of the articles have not been implemented and what has been done can only link with the Law terms, partial, incomplete or temporary.
4. Difficulties and weaknesses that may have had limited influence on the impact of LIOM
In the opinion of most people with whom we have contact in the research process, the situation of relative sterility that has this law has been caused, in part, of external processes linked to social and political realities that the country has experienced since the date of enactment of the instrument to the present. But also identifies factors that play their own instrument that should be considered, especially because it would be important not to repeat in a new Equality Act that seeks to replace the under analysis, which seems feasible because there is already a project in this sense that has been introduced in the National Assembly. In order
external, was a debilitating factor the possible impact of the law, to be enacted and begin its legal existence, at a time in which the country was an intense political crisis, with radical polarization of the political actors, with a closest antecedent of a coup, a process of increasing legitimization of the party system and numerous experiences of popular protest and global instability in the social, economic and cultural.
This process reached a critical point in the beginning of a rethinking of the institutional order of the state, from access to power of the current President of the Republic that promoted the existence of a new Constitution that transformed the institutional order and which has been developing over the last six (6) years in a climate of turbulence, oppositions and sometimes very serious disagreements. One of the areas most affected by this situation that arises in the last decade of last century was the women's movement, which from 1999 was split as a result of the context of political polarization that divides the two Venezuelans and frontally opposing sectors: the sector prone to official enforceable and a wide field of sociopolitical integration opposition.
This division of women's movement broke the tradition of alliances that had been achieved among all women and by which it obtained significant gains in state and governmental policies. Law became an instrument "without suffering" with insurmountable political brands for many women who resented not having participated in its formulation, which would have been the product of a relatively exclusive, personalized and with a partisan sponsorship unacceptable to some groups . One test of these considerations is provided by the fact that the current constitutional term, during its early years, developed a legislative initiative in the Commission on the Family, Women and Youth of the National Assembly to pass a law that would replace the LIOM.
This panorama view of many people consulted and their own consultant has been instrumental in the failure to implement the Act and abandonment that she has done as a reference for policy decisions.
Moreover, in our opinion and that of those interviewed or who responded to the survey, the Act offers some weaknesses that may be generating the situation of non-registered application. The main weaknesses to be noted are:
• The structure of the Act is presented as a bill of rights, however, with the exception of some economic incompletely defined, no other definition of scope and content. The text reveals a trend law program.
• There is an obvious lack of conceptual clarity in the texts of the articles and flaws in conceptual coherence, which limit the possibility that the intentions of the legislator or legislator can be fully understood and interpreted by the agencies and officials or by implementation or compliance. The most critical concerns the concept of equal opportunities.
• There is moreover a dispersion of mandates, some duplication of some topics in several articles and no development other than just mentioned without further consideration.
• It should be noted otherwise Law to attend the responsibility of several government agencies, without much clarity about the limits in each case.
Finally we can not fail to mention that this law was not known previously negotiated and planned by the institutions involved with specific responsibilities. This is a clear expression of voluntarism idealist who has greatly encouraged the development of laws in our countries, where no one understands the political nature of these instruments.
5. Lessons learned
Lessons include aspects related to the formation of the Act, its content and construction of its feasibility in practice.
a) On the formation process of the law, it seems of great importance that the Equality Act is the product of a process of consultation and effective participation of as many views as possible, institutions, organizations and individuals, within a pluralistic environment that supports presence of sectors with political dissidents in more political clout on the national reality and parliament.
b) The negotiation of the contents of the law to entities that will be affected by its mandate, voluntarism and prevents increases the feasibility of its application. It is clear that Venezuelan law fell into the institutional vacuum of the bodies were not warned of the accumulation of obligations that should assume from the enactment of the instrument. Something similar should be extended as consultation with the judicial authorities to avoid inconsistency with the mandates of other existing laws.
c) In the same vein, it seems appropriate that the law in its development does not receive a personal record of an alleged or perceived character of power in the process of the law to avoid being identified as the law of "X" or " And "person (Member or deputy). The women's movement seems to function as effective source of legitimacy and promotion of the instrument, if you really feel and recognized as a collective product.
d) The content of the law, seems to be of great importance that the concepts, especially those that may be new to the language and legal heritage of the country, are clearly defined to facilitate a proper interpretation for the purposes of the instrument and prevent that misunderstanding is not implemented or that could give rise to a diversity of interpretations. One of the most significant requirements are posed on this type of law is the development of the principles of equality and nondiscrimination, as necessary conjunction is the most effective clause that protects equality. It should be noted that given the conceptual development has been achieved recently in the anti-discrimination law would be important for other equality laws in the future, assuming the weight of these conceptual and doctrinal development is increasing in the legal realities of this.
e) We must protect the organic content to prevent the spread presented by Venezuelan law.
f) Dissemination of the law and socialization as wide as possible of its contents, appears as a critical issue which should not be instrumented solely by print media or even electronic, not accessible to many women's groups.
g) Women's organizations seem willing to contribute to the effective socialization of the law in many sectors, when considered in their design and if it is explicitly recognized their contribution.
h) Ensuring of the financial backers of the implementation is indispensable in the same way the law should be accompanied by processes of training and awareness training of administrative cadres should be involved in its implementation.
Reproduction in whole or part of the material published here, provided they are not altered, the corresponding credits and then get a copy of the publication or reproduction IIHR. Presentation
The American Institute of Human Rights (IIHR)-since 2002 and USAID-sponsored, developed the project "Promoting a culture of inclusion" in the context of a program focused on building more inclusive and transparent democracies in Latin America for the effective protection of human rights.
The project aims to encourage the promotion of a culture of inclusion, to promote the active exercise of human rights in conditions of greater equality, particularly for women, indigenous peoples and Afro-descendants.
In that sense it has contributed to the development of research related to existing legislation in Latin America, equality of opportunity between men and women:
• In 2003, the research emphasis was the articulation and advocacy of women's organizations of civil society in the discussion and adoption of the law in each country (Costa Rica, Honduras, Panama and Venezuela).
• In 2006, the investigation focuses on the impact of equality legislation in three areas: legislation, public policies and institutions in each country (Costa Rica, Honduras, Panama and Venezuela also includes Colombia, which passed similar legislation in July 2003).
hope that the findings of this research help to facilitate learning and knowledge useful for similar experiences in other Latin American countries.
1. Introduction
Preparation of research
research done on the subject statement was coordinated regional institutionally by the American Institute of Human Rights (IIHR) and had the fundamental purpose, to continue operations previously carried out with Sponsored by USAID, "to promote the production of knowledge (and its subsequent diffusion) in an area little explored analysis, such as determining the impact of the laws of
have equal opportunities in its implementation in legislation, public policy and institutionalization of gender equality.
Research on Venezuelan law was part of a regional effort involving other countries. Specifically: Panama, Colombia, Costa Rica, Colombia, Honduras and Panama. IIHR asked the consultants engaged in the various countries, the respective methodological proposals which were socialized among the perpetrators, as an important input for the various experiences. The proposal of the Venezuelan consultant was aceptada1 and on the basis of its content has been developed exploratory work and analysis and drafting of this report.
The proposal was based on an interpretation of the requirements contained in the terms of reference for recruitment and as such, the contents of the investigation should cover various issues such as strategies, would know the possible impacts of the Equal Opportunities Act in force in Venezuela . Overall, proposed the following contents for Research:
• Characterization of the Equal Opportunity Act.
• Legislation and other state public policies created from the Equal Opportunities Act. Governmental
• Public policies created since then.
• Public Actions implemented to comply with the contents of the Equality Act.
• Other political initiatives that are based on the Law of Equal Opportunity.
• Other equality policies and / or existing equity.
• Difficulties and weaknesses in the law
• Lessons learned.
2. Background
The Equal Opportunities Act represented at times of their development, legislative approval and promulgation, a step in the process sustained progress in legislative and administrative policy made by the Venezuelan women since they were given the vote 1947. As noted
Isolda Heredia de Salvatierra in earlier work under the auspices of the Interamerican Institute of Human Rights, the course of events since then, said over the decades after "an improvement" of the position and status of the interests and needs women in public policy, where the milestones were:
1) In 1947 he established the right of women to vote and that same year, 15 women were elected deputies to the Constituent Assembly, which was to punish the new Constitution Venezuela policy.
2) In 1961 the Constitution of the Republic of Venezuela establishes the prohibition of discrimination based on race, sex, creed or social status in Article 61.
3) In 1964 he was appointed the first woman to serve on the Executive Cabinet, as Minister of Development, which has since opened the doors of that body to the presence, usually minority women.
4) In 1974 he created the first Women's Advisory Commission of the Presidency of the Republic, COFEAPRE, who managed to organize and conduct the First Venezuelan Congress of Women, made the first diagnosis of the situation of Venezuelan women and develop the first agenda Venezuelan women with the results of the first Congress.
5) In 1979, he appointed a Minister of State for Participation Women in Development, who urged, among other steps, reforming the Civil Code and the Act approving the CEDAW Convention.
4) In 1982 he promulgated the Law on Partial Reform of the Civil Code, through popular initiative mobilized by women supported by the Minister of State.
5) That same year ratified the Convention on the Elimination of All Forms of Discrimination Against Women Act is Venezuelan.
6) in 1984 establishing the National Women's Office attached to the Directorate General of Family Sector within the Ministry of Youth and initiates the formation of advisory committees for the management of policies for the advancement of women. These committees formed as mixed groups were composed of women from civil society, officials, femeaucrats, women from political parties and academic bodies acted as advisors to the Minister and the offices involved.
7) In 1987 the Ministry of Youth was transformed and become the Ministry of Family, whose structure disappears within the National Office of Women and created the General Sectoral Directorate for the Promotion of Women as the instance of senior political national government's administrative responsibilities in the creation and development of programs and projects for the advancement of women in various spheres of public action.
8) In 1989 he created the Bicameral Commission for the Rights of Women of the now defunct Congress of the Republic of Venezuela, with a broad mandate covering main tasks: improving the existing legislation and the production of new laws in search of equality, support for nongovernmental organizations defending the rights of women, children and family care and legal advice to individuals, among other objectives. The life of this Commission, which existed until 1999 when he disappeared with the changes imposed on the State's institutional system with the new constitution adopted on that date, was fruitful. To his credit include the following achievements: the adoption of the Law on Equal Opportunities for Women, the Law Approving the Latin American Convention on the Prevention, Punishment and Eradication of Violence against Women, known as the "Convention of Belém do Pará" Partial Amendment of the Labor Law , Title VI of the Labour Protection of Motherhood and the Family, which established the maternity rights and job security during pregnancy and the postpartum period, the approval of Art.144, which established a quota of women's political participation in the Law Reform of the Organic Law of Suffrage and Political Participation and the Law on Violence Against Women and the Family.
9) That same year, 1989, is appointed a Minister of State for the Promotion of Women and is designated a premonition of the second Women's Advisory Commission of the Presidency of the Republic, engaged in the coordination of public programs for the benefit of women.
10) In 1990, approves the amendment to Title VI of the Labour Act that established the maternity rights, as protection of pregnant workers from dismissal.
11) December 30, 1992, by Presidential Decree No. 2722 establishing the National Council of Women, which replaces the second Women's Advisory Commission of the Presidency of the Republic (COFEAPRE), with the overall aim of ensuring the achieving equal rights and indeed among Venezuelans, according to the provisions of CEDAW.
12) September 28, 1993 is enacted the Law on Equal Opportunities.
13) In 1994 there was the ratification by the Venezuelan government and Venezuelan law subsequent conversion of the Convention on the Prevention, Punishment and Eradication of Violence against Women, "Convention of Belem do Para" (CIM / OAS, 1995).
14) In 1997 he produced the reform of the Law of Suffrage and Political Participation, which states in Article 144 a participation rate of 30% of women on electoral lists of candidates for elective office.
15) was approved in 1998 and promulgated the Law on Violence against Women and the Family.
16) in 1999 adopted a new Constitution of the Bolivarian Republic of Venezuela which provides for the first time directly and as part of the Constitution the principle of equality, ensuring de facto equality and the ability and obligation of public bodies to employ affirmative action to achieve real equality.
17) In 1999 the President of the Bolivarian Republic of Venezuela by a Decree promulgates the amendment to the Law on Equal Opportunities and created by the mandate of the Act, the National Women's Institute, whose board, by this decree is modified from its original form.
3. Development report on the results of research
Characterization Equal Opportunity Act
General Law on Equal Opportunities for Women was enacted in 1993. Subsequently by Decree of the President of the Republic in 1999 was reformed especially on items that affected the organizational structure of the National Institute of Women on the approach originally established in the 1993 version. The Act promotes equal opportunities and non-discrimination against women and create the National Women's Institute which is defined authorities, roles and procedures. Contains Titles VII and 69 Articles, which are as follows:
Title I: Equal Rights for Men and Women
Chapter I: General Provisions Chapter II
: The principle of equality and non discrimination against women
Title II: Rights of Women
Chapter I: equal training of citizens
Chapter II: Of the women's labor rights
Chapter III: Political rights and women's union
Chapter IV: economic rights Women
Section One: Women in rural
Section Two: From the artisans and micro
Chapter V: Social Rights
Section One: From domestic partner services
Section Two: Elderly woman
Title III: National Institute of Women
Chapter I: From its establishment and heritage
Chapter II: the National Institute for Women
Chapter III: Organization of the National Institute of Women
Title IV: National Office of Women's Rights
Title V: Rights Abuses Against Violence and Title VI
: In International Relations
Title VII: Disposal
character
Law Act leans primarily as a law program. There is a bill of rights, as such, although the text set out in some indirect way that once were new to the Venezuelan women. Several of the duties on certain areas contained in the law (education, political participation, work, health) are not specifically set out or developed in all cases and in some, where the text of the law states set specific definitions appear incomplete. In some ways follow some of the lines set out in the Convention on All Forms of Discrimination against Women to the bases, since the very CEDAW, states are not rights at all items but mainly obligations of States that create them and only in some specific reference to specific duties. The Convention is explicit in pointing out specific rights and obligations of the state that hold rights only in certain areas of its normative content.
The education is developed in Part II: "The rights of women", Chapter I: "From training equal citizens." The provisions in this area are carried out in Articles 8, 9 and 10. In them, the Act provides in part the meaning of the text of Article 10 of CEDAW (obligations of States Parties in education) and notes from the obligations of the law should take the Venezuelan government, even if it does not reflect all sections of the CEDAW deductible program in education. Has in this aspect mainly programmatic sense.
On labor rights, developed in the same Title II, Chapter II: "In the labor rights of women", articles 11 to 17, the Act sets out the rights in Article 11, so low in comparison with CEDAW Convention that fundamenta3. These rights are limited under the Act to "the right to urban and rural work, equal access to all employment, positions, promotions, opportunities and equal remuneration for equal work. "The rest of the article is essentially programmatic and does not include in its scope the content established in the CEDAW for labor rights that the Convention states very specifically.
Political rights are outlined in Chapter III, 'From political and trade union rights of women ", in Articles 18 to 24. In these articles the emphasis is placed on ensuring the equal participation of women in processes and in all areas of organizations, of which the State must take responsibility . Again, some provisions of CEDAW were omitted. A curious fact about this chapter is that Article 24 concerns more like a labor law that a political right within the meaning of the above:
Article 24: Pregnancy is a natural condition of women and as such can not be grounds for discrimination. Therefore, enterprises shall not require or practice to job seekers or workers in a company incorporated and medical examinations to rule out or verify a possible pregnancy, for the purpose of approving or rejecting the entry or stay in the company . Such action shall be considered as harmful to women's labor rights, and as such, will result in the application of the Remedy for.
The content of Chapter IV: "From the economic of women "are stated in Articles 25 to 38, whose content seems to be based on Articles 13 and 14 of the CEDAW, as most of the articles are linked to the State's obligations to provide women access to production, credit, home ownership, to cooperative production and consumption, raw materials, training, training and expertise in these areas. The law in this chapter gives special consideration of obligations to rural women the artisans and entrepreneurs and is also a programmatic emphasis focused on bonds.
Chapter V of Title is integrated by provisions which enshrine the state duties on "domestic and social services" and care for older women.
Title III is devoted to the creation and definition of integration, the structure of the National Women's Institute, INAMUJER. Title IV to the establishment and functions of the Office of Women's Rights.
In Title V, "The rights against violence and abuse," down "the rights of women against attacks that violate their dignity and physical, sexual, emotional or psychological, which actually down more than directly or indirectly, rights statements, detailed program also on the bonds. Under Title VI, said the prerogatives of INAMUJER and Title VII program is legislation on the representation of Venezuelan women in international events.
This brief review shows that the dominant character in this instrument is to be primarily a law program. However, it contains provisions that have no administrative responsibilities to local bodies responsible directionality, which is practically committed part of the real feasibility of the instrument. Such is the case, for example, Article 20, which states: "The urban and rural unions, unions of professionals and technicians, and other organizations representing civil society, promote the participation and integration of women in all levels of the organizational structure under the same conditions, for which they must reform its statutes and internal functioning.
Nowhere states who will take over the Compliance with this rule. As this are numerous examples. It is a law program where the state's responsibilities are not fully defined.
Aspects of legislative drafting
The instrument has some legislative technical failures, especially in identifying state bodies to be involved in compliance. Some of the bodies referred implicitly (with marking of obligations) or explicitly, have been transformed, have disappeared or been replaced by others with different names which creates a margin of ambiguity involves the implementation of the standard. The same applies to certain laws cited, which have no effect or were repealed. Moreover, much of the state responsibilities listed in the Act, no address appear responsible in the respective articles.
Bias in the language used in the law
Some sexist androcentric biases have been detected in the language that expresses the content of the law generally prevails in the use of masculine words, used as a false generic. All text suffers from this flaw. On the other hand, several articles appear biases that naturalize the female, or give an accent familistic or widespread support as male. Some examples of androcentric biases are:
First example: "Article 13: The social security system and social welfare programs and private, will provide comprehensive coverage against sickness and maternity benefits for working women" ( emphasis added).
Using the term "risk" to qualify for maternity is placed in the same order of disease, male preserves the language of this branch of activity (insurance) and away la significación del derecho que corresponde a la salud reproductiva.
Segundo ejemplo: "Artículo 24: El embarazo es una condición natural de la mujer y como tal no puede ser motivo de discriminación. Por lo tanto…" (destacado nuestro).
La concepción del embarazo como "condición natural" no parece ser la expresión más afortunada, ya que reafirma la condición naturalista que ha dominado las concepciones sobre la mujer; el evocar las dimensiones biológicas del embarazo no es la razón que debe prevalecer para impedir la discriminación. El embarazarse es un derecho que no puede ser restringido por factores ajenos a la voluntad de la mujer o de ella y su pareja de común acuerdo, si fuese the case.
Some conceptual deficiencies
Some of the content of articles of Law, presents some confusion, overlaps and conceptual shortcomings that compromise its proper interpretation by the institutions to be in charge of implementation. Leaving aside what would be an extensive discussion on the meaning of the concept of "Equal Opportunities", which for the time which was drafted and adopted the law was quite fuzzy, especially in Latin America and the Caribbean, we can cite, by way of example only, some cases where the interpretation of the articles could lead to confusion in the implementation of the law then those listed examples:
First example:
Article 1
Article 2
Article 3
Article 4
This Act regulates the exercise of the rights and guarantees necessary to ensure equal opportunities for women, based in the Act approving the Convention on the Elimination of All Forms of Discrimination against Women.
The purpose of this Act is to guarantee women the full exercise of their rights, the development of his personality, aptitudes and abilities
This Act is based on the recognition of women's legal equality for all legal proceedings and transactions, so that laws that still maintain standards that preclude or mitigate their legal capacity, are regarded as discriminatory within the meaning of it.
The State shall guarantee equal opportunities for men and women before the law, through policies, plans and programs, on the basis of a comprehensive social security system where you take on aspects of health, education, nutrition, recreation, work and work stability.
In our opinion, these first four articles of the Act offers express the relatively undefined, incomplete and even misleading the concept around which the backbone of the development of the instrument: the Equal Opportunities. Articulation of four articles in regard to regulation, (Art. 1), the object (Art. 2), the foundation (Art. 3) and guarantees (Art. 4) of the Equal Opportunity is limited and relatively incoherent and do not generate a consistent and coherent definition of the central concept of the Law legitimate question about what this means for Equal Opportunities Act can have multiple answers, according to the contents of these articles as follows: Under
Article 1, Equal Opportunities can be interpreted as the effective exercise of the rights of women contained in the CEDAW Convention, which, as discussed in the matrix analysis of articulated included at the end of this report is not developed completely and clearly.
According to Article 2, Equal Opportunities, in addition to the exercise of rights would include the guarantee by the state of development of their personality, skills and abilities ("personal, human?) For women.
According to Article 3, the Equal Opportunities has an emphasis on recognizing the legal equality of women.
Finally, according to Article 4, the Equal Opportunities would be defined by actual performance by the status of a "comprehensive social security system where you take on aspects of health, education, food, recreation, work and job stability. This list excludes the full merits of the rights enshrined in CEDAW, such as political rights and places emphasis on a broad concept and incomplete despite this, social security, among other observations.
As you noted, the law is in this sense a significant conceptual inadequacy or failure by the importance that the concept of Equal Opportunities in the global context of the instrument.
Clearly the emphasis placed on the LIOM discrimination in legal texts and the weakness of the definition of discrimination in terms of the facts, when identified with actions that "impair" the "status" of women, moreover concept refers primarily to material needs and interests of women, by the time of the discussion of the LIOM was pretty clear from the contributions of Maxine Molineaux, Karen Levy Caroline Moser. It
complex, to say the least, to accept the validity of a legal proposal that seeks to "safeguard" much less "promote" the participation of women in the informal economy, which as everyone knows is an industry where it hides unemployment and poverty throughout Latin America and the Caribbean and there are no minimum rights in labor and social security. Since the time of the drafting of the Act, conceptual discussion had taken place in the country and the region. The interpretation is complicated by the density of conceptual and programmatic content of the article, regarding the State's obligations to its full implementation.
Legislation and other state and governmental policies created from the Equal Opportunities for Women and actions taken to comply
Balance Sheet Preparation of a detailed analysis matrix that allowed us to explore and to monitor the implementation of each of the articles of the Act offers as well as the insights and opinions of individuals and qualified cooperating groups are the objective basis which enabled the consultancy to conclude that this law has had a very weak influence on public policies in Venezuela, in general, and those that have been implemented with special direction to the situation and interests women. It's been a rather sterile Act in its consequences on public policies and actions of the State in its various authorities and implementing agencies. Apart from that the bulk of the Act are not fulfilled, there are some situations and administrative regulations that have led to clear decreases with respect to rights that Venezuelan women have won in previous legislation.
This most likely has been partially conditioned by the characteristics of the context in which prepared, discussed and enacted LIOM and flaws in the process of formulation and content.
regard to context, as noted, the law was enacted in 1993 and their fate was linked to very turbulent political events that marked those years, since near the end of the administration of President Carlos Andres Perez, in which period discussed, Perez was tried and dismissed. During the process very complex to the President of the Republic, the Law had an eventful year which prevented the enactment received. Once dismissed by the President on trial, Congress appointed a provisional president, who lasted six months in office, during which the instrument was issued. Shortly after he was elected another President of the Republic of Venezuela, Rafael Caldera. In the five years of its mandate, the Law was not activated in the actions of the executive branch and remained practically shelved.
The current President Hugo Chavez, reformed Ley5 rule by decree on 25 October 1999, which amended the part of the articles that has to do with the composition of the authorities of the National Women's Institute and appointment authority.
The actual achievements of the law are rare, even the point that in most of the interviews, people are not granted, or not recognize their minimum credit completion. Aspects
executed and specific achievements of the Law
Most aspects mentioned in this apart as satisfied or issues that appear linked achievements with the provisions contained in the provisions of the Act, according to documents containing respective policy guidelines do not indicate that implementation has been inspired by the mandate of the Act offers. They appear as alleged enforceable related to the law, because otherwise the report would result in only two main facts straight originated in the LIOM: the creation of the National Institute of Women (Article 44) and the designation of the National Defender of Women's Rights. (Article 52). The creation of the Women's Bank, at least in the decree of its creation was not linked to the LIOM.
In order to identify the largest number of shares that may be implicitly or explicitly inspired by the Act offers the consultant has examined the enforcement of the government since the enactment so far in the quest to assess the extent and possible impacts of instrument . Therefore, in some articles analyzed, as shown in Matrix Analysis prepared for this purpose appear aspects of public action that timely, complete, partial or circumstantial could be interpreted as responses to the mandates of the law Despite this effort, as discussed in subsequent paragraphs, the impact is very limited and in view of many people we spoke or responded to surveys, almost nil.
then discusses those papers in which some action has been detected that can correspond to the mandate of the articles.
1) Article 4: The State guarantees equal opportunities for men and women before the law, through policies, plans and programs, on the basis of a comprehensive social security system where you take aspects of health, education, nutrition, recreation, work and job stability.
Achievement: The only achievement that can be linked to the content of this article addresses the issue of social security. Spinning fine on the meaning of this part of the mandate of the article, can be recognized as an achievement which the President has decreed in March 2006, one hundred thousand (100,000) homemakers, receive an allowance permanent or ad hoc of 372 thousand bolivar, ie 80% of the minimum wage.
This is a timely development, incomplete, as the contents of the article, especially as regards social security system amplio, que por otra parte, en su sanción legal no muestra ninguna señal que permita deducir que fue inspirado en la LIOM
Esta disposición se vincula a mandatos de la Ley de Servicios Sociales al Adulto Mayor y Otras Categorías de Personas que establece en el Título 3, Capítulo 2, Artículo 41, de las "Asignaciones económicas del ama de casa", el pago a éstas de una pensión del 60 al 80% del salario mínimo urbano. Esta normativa intenta un desarrollo del Art. 88 de la Constitución que establece el derecho a la seguridad social de las amas de casa. Esta disposición dio origen a un proceso de discusión sobre cuál debía ser el despacho encargado de reglamentar quiénes son esas amas de house in need who will benefit from such financial allowance. During the discussion, some parliamentarians and people of the Academy and Civil Society, agreed the requirements for beneficiaries to make possible the financing. The presidential decree obviated these criteria had been agreed by the aforementioned groups, including one's own parliament.
2) Article 14: To provide social and economic security to the family of working women, the National Executive progressively established a policy of family allowances for dependents
resolve it. Also, through the Ministry of Labour, promote projects to improve the conditions of women in the workplace and ensure equal opportunities for women entering the labor market.
Achievement: The Social Service Act enacted by the National Assembly in September 2005, regulates the social benefits to the elderly. In its Article 32 states that families in situations of economic vulnerability are entitled to an allowance.
could be a part of normative development for the content of Article 14, which states that the text of the Social Services Act, it appears based on the LIOM. On the other hand, this provision has not yet been implemented
3) Article 26: The State shall ensure the effective incorporation of women into production, micro-enterprises, cooperatives and small, medium and large industries.
Achievement: Creating the Development Bank of Women on March 8, 2001. It is defined as micro-public financial institution, providing micro-credit and other financial and nonfinancial, for the development of low-income women, in poverty initiatives carried out production of goods and services, micro-marketing business sectors. The Bank also conducts training, technology transfer to small-scale economic units, assistance accompanying technical and empowerment purposes beneficiary rights. In accessible government information are other financial institutions (Banco del Pueblo Soberano, FONCREI Industrial Credit Fund, the Microfinance Development Fund, FONDEMI), all under the Ministry of Popular Economy, as the Bank of Women, but it is not possible have information on credit programs targeting women or volume of its beneficiaries and the characteristics of credit.
This is an incomplete progress on the content of the article. Not handle the incorporation of women into the medium and large industries. In the decree of creation is not mentioned the Law on Equal Opportunities.
4) Article 27: The State guarantees the access to credit programs and the timely assistance and permanent supply of raw materials, training, training and technical advice in the areas of management, marketing and distribution.
Achievement: Linked in part to the creation Development Bank of Women. Partial success in the content of the article. In this case the Bank does not provide raw materials, or training, training and technical advice in the areas of management, marketing and distribution.
5) Article 31: The State shall promote the participation and integration of women in rural, community organizations and in production, trade unions and agricultural and fishing cooperatives, encouraging the effective participation of women in the leadership of such organizations.
Achievement: Linked in part to the creation Development Bank of Women. Partial success in the content of the article. In this case the Bank does not provide raw materials, or training, training and technical advice in the areas of management, marketing and distribution.
6) Article 34: The National Executive shall, through the competent bodies, the production credit, targeting women and men alike without discrimination, and women farmers to develop a project regardless of whether or not a form of association known or anticipated by the pertinent law.
7) Article 37: The State will host the networks of production, distribution and marketing that are the artisans and small and medium industries.
8) Article 38: The micro-entrepreneurs can organize into unions of borrowers for the purpose of obtaining credit given about the National Executive.
Achievement: In the three articles mentioned there partial performances about their contents, through the creation of the Development Bank Women and Peoples Bank and other lending institutions already mentioned, which are the ultimate lenders targeting the popular social sectors, as we have noted. The implications of the actions Banmujer reveal the following figures: in 2002 the gross credit portfolio was Bs 4331.39 million, about two (2) million dollars, but failed to run even 50% of that portfolio funds, for various reasons relating primarily the delay in the flow, in the opinion of the Comptroller General of the Republic, for his high character: 41.57% (2002), for total gross loan portfolio, which in 2003 experienced an increase in delinquencies of 179.61% compared to the index value calculated at 30.06.2002 (14.87%). This situation in the opinion of the Comptroller of the Republic adversely affect the Bank's liquidity and financial intermediation function.
partial accomplishment for the content of articles. The Women's Bank, in addition to providing loans to rural women artisans (not necessarily two distinct categories), provides financial services not linked to the encouragement of women's networks, there is actually an organization called "People's Network of Users of Banmujer" .
9) Article 44: Creation of the National Women's Institute as an Institute Autonomous legal personality, its own assets, independent of the National Treasury.
Achievement: This is in our opinion one of the two achievements that have been developed completely from the Act
10) Article 48: The National Women's Institute aims to: (...) 5. Draft bills and regulations necessary for the promotion of equality and women's rights and real equality of opportunity on its part;
Achievement: In relation to this specific numeral achievement that can be recognized is that been introduced and approved the adoption by the Venezuelan State of the Optional Protocol to CEDAW. Partial achievement to the content Article as it includes twelve (12) paragraphs describing in detail the purpose of National Women's Institute, which has only been achieved that outlines, while others have not succeeded.
11) Article 52: The Executive Board shall appoint the National Defender of Women's Rights, who would direct and manage the National Office of Women's Rights.
Achievement: This is the second of the achievements in a comprehensive manner from the Act, the appointment of a person as National Defender of Women's Rights.
12) Article 66: The Venezuelan government through the agencies, provide weighs the resources needed to ensure the participation of women in all national and international events aiming at studying and analyzing their problems.
Achievement: This article has been met very circumstantially, in certain cases, for certain events, with no guarantee that those involved are representative of all sectors of the country's female population.
Usually in international events, only involves the representations INAMUJER with government officials or functionaries of organizations identified or supporters of political groups in government.
In conclusion, we can deduce that the impact of the action LIOM public authorities has been largely partial, incomplete or timely. Explicitly and directly the most significant influence is expressed in: a) the creation of the National Institute of Women, and b) the designation of the National Defender of Women's Rights and the very limited implementation of some of the tasks assigned
the law and inorganic partial impacts could be linked to the following facts:
• The creation of the Women's Bank.
• Adoption of the Law of the Optional Protocol to CEDAW.
• The creation of standards in the Organic Law of Social Security System (Official Gazette No. 37,600 2/30/2002) and the Social Service Act enacted by the National Assembly in September 2005 that families in situations of economic vulnerability are entitled to an allowance.
• The Presidential Decree of March 2006 stipulating that one hundred thousand (100,000) homemakers, receive an allowance of permanent or ad hoc Bs 372,000, ie 80% of the minimum wage.
• Creation of the CA MERCAL that sells food products in popular areas.
• The provision of the Law on Land and Agricultural Development that rules in Article 14 preference for land allocation to women who are head family.
setbacks since the enactment of Law
Unfortunately during the period of validity of this law there have been setbacks that people consulted and their own consultants consider important:
directly related to the Act, the most significant setback been to eliminate the presence of Civil Society of the governing body of the National Women's Institute, which occurred in 1999 when the President ordered the reform of the Act specifically for this purpose. This prompted expressions of disagreement still remain as to begin its functions INAMUJER same year, the Board decided eliminate "Area Committees, which were advisory committees comprised of women from the public, parliamentarians, leaders of all political parties and civil society, which met from 1984, when they were created, an important supporting role, contribution , monitoring and criticism of public policies.
In 1999, by order of the National Electoral Council has completed the "desaplicación" in Article 144 of the Law of Suffrage and Political Participation recognized a 30% quota reserved for women in the lists of nominations for elected offices . In this case, not only won the provisions of the Act offers, but the provisions of the Constitution on the capabilities of the organs of State to amend the law.
The maternal immunity achieved in 1990 and ratified in the Act offers, was the subject of an infringement originating in the Secretariat of the Presidency of the Republic, in establishing the rule that officials and "reliable" to be passed in any circumstances (including pregnancy), free removal from office that may be held.
3. Conclusions
1. Unfortunately, the conclusion in this exploration is very low, perhaps, has had minimal impact on the LIOM state and governmental policies or any other initiative linked to the merits of any public policy. As demonstrated by the detailed description contained in the Analysis Matrix, has been a starting point, the basis or inspiration for the few existing policies in the country to protect the rights of women or as the creation of institutions partially develop initiatives for equality of women and men.
2. The Act offers has had no impact on women's organizations have demanded compliance and that polls show, is poorly understood and not managed as a reference to women demand rights set forth therein or public duties that announce in their texts.
3. The institutional diffusion has been the Law, has been haphazard and limited. Has resulted in the publication of its text in a brochure, whose circulation has been limited compared to the entire population6, and their posting on the website of INAMUJER. The majority of respondents think the law is not known not only for women but even by the operators and justice and public administration.
4. The mandates of most of the articles of the Act have not been fulfilled. Even non-documents matrix analysis, confirm it. Observations made by the CEDAW Committee both the III °, and the IV °, V th and V th Official Reports government.7 clearly aware of the lack of implementation of the Act also international documents such as ECLAC, the Shadow Report prepared by the Venezuelan NGOs and official government reports themselves demonstrate the abandonment of the mandate of the Act and its limited relevance to decisions taken.
Below is a table that expresses the level and quality of enforcement of the articles of the Act itself demonstrates that two-thirds of the articles have not been implemented and what has been done can only link with the Law terms, partial, incomplete or temporary.
4. Difficulties and weaknesses that may have had limited influence on the impact of LIOM
In the opinion of most people with whom we have contact in the research process, the situation of relative sterility that has this law has been caused, in part, of external processes linked to social and political realities that the country has experienced since the date of enactment of the instrument to the present. But also identifies factors that play their own instrument that should be considered, especially because it would be important not to repeat in a new Equality Act that seeks to replace the under analysis, which seems feasible because there is already a project in this sense that has been introduced in the National Assembly. In order
external, was a debilitating factor the possible impact of the law, to be enacted and begin its legal existence, at a time in which the country was an intense political crisis, with radical polarization of the political actors, with a closest antecedent of a coup, a process of increasing legitimization of the party system and numerous experiences of popular protest and global instability in the social, economic and cultural.
This process reached a critical point in the beginning of a rethinking of the institutional order of the state, from access to power of the current President of the Republic that promoted the existence of a new Constitution that transformed the institutional order and which has been developing over the last six (6) years in a climate of turbulence, oppositions and sometimes very serious disagreements. One of the areas most affected by this situation that arises in the last decade of last century was the women's movement, which from 1999 was split as a result of the context of political polarization that divides the two Venezuelans and frontally opposing sectors: the sector prone to official enforceable and a wide field of sociopolitical integration opposition.
This division of women's movement broke the tradition of alliances that had been achieved among all women and by which it obtained significant gains in state and governmental policies. Law became an instrument "without suffering" with insurmountable political brands for many women who resented not having participated in its formulation, which would have been the product of a relatively exclusive, personalized and with a partisan sponsorship unacceptable to some groups . One test of these considerations is provided by the fact that the current constitutional term, during its early years, developed a legislative initiative in the Commission on the Family, Women and Youth of the National Assembly to pass a law that would replace the LIOM.
This panorama view of many people consulted and their own consultant has been instrumental in the failure to implement the Act and abandonment that she has done as a reference for policy decisions.
Moreover, in our opinion and that of those interviewed or who responded to the survey, the Act offers some weaknesses that may be generating the situation of non-registered application. The main weaknesses to be noted are:
• The structure of the Act is presented as a bill of rights, however, with the exception of some economic incompletely defined, no other definition of scope and content. The text reveals a trend law program.
• There is an obvious lack of conceptual clarity in the texts of the articles and flaws in conceptual coherence, which limit the possibility that the intentions of the legislator or legislator can be fully understood and interpreted by the agencies and officials or by implementation or compliance. The most critical concerns the concept of equal opportunities.
• There is moreover a dispersion of mandates, some duplication of some topics in several articles and no development other than just mentioned without further consideration.
• It should be noted otherwise Law to attend the responsibility of several government agencies, without much clarity about the limits in each case.
Finally we can not fail to mention that this law was not known previously negotiated and planned by the institutions involved with specific responsibilities. This is a clear expression of voluntarism idealist who has greatly encouraged the development of laws in our countries, where no one understands the political nature of these instruments.
5. Lessons learned
Lessons include aspects related to the formation of the Act, its content and construction of its feasibility in practice.
a) On the formation process of the law, it seems of great importance that the Equality Act is the product of a process of consultation and effective participation of as many views as possible, institutions, organizations and individuals, within a pluralistic environment that supports presence of sectors with political dissidents in more political clout on the national reality and parliament.
b) The negotiation of the contents of the law to entities that will be affected by its mandate, voluntarism and prevents increases the feasibility of its application. It is clear that Venezuelan law fell into the institutional vacuum of the bodies were not warned of the accumulation of obligations that should assume from the enactment of the instrument. Something similar should be extended as consultation with the judicial authorities to avoid inconsistency with the mandates of other existing laws.
c) In the same vein, it seems appropriate that the law in its development does not receive a personal record of an alleged or perceived character of power in the process of the law to avoid being identified as the law of "X" or " And "person (Member or deputy). The women's movement seems to function as effective source of legitimacy and promotion of the instrument, if you really feel and recognized as a collective product.
d) The content of the law, seems to be of great importance that the concepts, especially those that may be new to the language and legal heritage of the country, are clearly defined to facilitate a proper interpretation for the purposes of the instrument and prevent that misunderstanding is not implemented or that could give rise to a diversity of interpretations. One of the most significant requirements are posed on this type of law is the development of the principles of equality and nondiscrimination, as necessary conjunction is the most effective clause that protects equality. It should be noted that given the conceptual development has been achieved recently in the anti-discrimination law would be important for other equality laws in the future, assuming the weight of these conceptual and doctrinal development is increasing in the legal realities of this.
e) We must protect the organic content to prevent the spread presented by Venezuelan law.
f) Dissemination of the law and socialization as wide as possible of its contents, appears as a critical issue which should not be instrumented solely by print media or even electronic, not accessible to many women's groups.
g) Women's organizations seem willing to contribute to the effective socialization of the law in many sectors, when considered in their design and if it is explicitly recognized their contribution.
h) Ensuring of the financial backers of the implementation is indispensable in the same way the law should be accompanied by processes of training and awareness training of administrative cadres should be involved in its implementation.
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