A/HRC/16/8
efforts with the Ministry of Education to promote workshops for young people to consider
such subjects as gender equality, gender stereotypes and violence.
43.
With regard to article 87 of the Labour Relations Code, the “equality label” for
companies, when approved by the Government in the near future, would provide a way of
recognizing companies that applied real and effective policies to promote equality at work
between men and women and to help reconcile life at work and in the family. Companies
wishing to qualify for the distinction had to submit a report on the measures they had taken,
the results they had obtained and a policy plan.
44.
Gender violence was of great concern to the Governments of most countries insofar
as it constituted a serious violation of human rights. Since it had signed the Convention on
the Elimination of All Forms of Discrimination against Women, Andorra had given priority
to combating violence against women (also para. 23).
45.
Since the current report had been submitted, the State Secretariat for Equality and
Welfare had been working on a plan to institute assisted accommodation, which should be
operational before the end of the year. Women who had been subjected to domestic
violence, under current arrangements, were allowed access to temporary shelter facilities,
either in host families for 15 days or in a temporary home for not more than a month. The
two types of arrangement, while satisfactory, were insufficient, insofar as some women
needed more time to stand on their own feet, as well as longer-term assistance by the team
in charge of comprehensive care for women victims of violence. In response, a plan had
been launched for assisted accommodation that offered women medium-term care for six
months, renewable if necessary.
46.
In view of the concerns expressed by the Committee on the Elimination of
Discrimination against Women in its 2001 report about the punitive legislation against
abortion, which was thought to encourage the practice of clandestine abortions in poor
conditions of hygiene, it was worth referring back to Andorra’s own historic and
institutional background, since the right to life was fully protected at all its stages, as
spelled out in the Constitution in article 8 concerning the fundamental rights of persons.
The Committee’s concern, which established a link between insecurity, clandestinity and
anti-abortion legislation, needed to be seen in context. In the first place, given the size and
structure of Andorra it was unlikely that clandestine abortions could be practised without
the institutions responsible being informed, and secondly, while the medical watch unit
regularly received all records of hospital admissions and emergencies, no case of
clandestine abortion had ever been detected.
47.
It was worth noting, moreover, that the Andorran courts had never in the course of
their proceedings dealt with the offences defined in articles 107, 108 and 109 of the
Criminal Code, such as offences against prenatal life, and no court action had ever been
initiated in that respect.
48.
Ms. Canòlic Mingorance, an investigating judge working with the Andorran courts,
replied to questions touching on her sphere of competence. Under article 108 of the Code of
Criminal Procedure, pretrial detention was limited to four months and was permitted only
in the circumstances set out in article 103 of the Code. That period could be extended for
another four months for minor offences, and a second time in the case of major offences. In
any event, the prolongation of pretrial detention had to be the subject of a court ruling,
giving reasons for the investigation proceedings and for extending them while maintaining
the pretrial detention. Furthermore, the period of pretrial detention could never exceed half
the sentence applicable to the offence in question.
49.
Corporal punishment and deliberate humiliation inflicted on minors within the
family were punishable under articles 476, 113 and 114 of the Criminal Code, which laid
down penalties for domestic violence (understood to include gender violence and violence
9
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents