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UNFPA GLOBAL POPULATION POLICY UPDATE
Issue 59 - 16 December 2005
This issue of the UNFPA Global Population Policy
Update highlights laws and policies relating to gender and domestic
violence, sexual harassment, employment rights, HIV/AIDS, termination
of pregnancy and national health care systems that were adopted
in Africa in the latter part of 2003 and in 2004.
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Algeria Issues Executive Decree to Create National Centres
for Victims of Gender Violence
On 24 June 2004, Algeria issued Executive Decree No. 04-182
, which creates national centres for girls and women who
are victims of violence and/or are in a situation of distress. The
centres have the following objectives: a) to ensure the provision
of reception, lodging and medical, social and psychological care
of victims for certain periods; b) to diagnose and evaluate psychological
problems of women admitted to the centres; c) to provide victims
with education and vocational training; d) to carry out activities
in collaboration with concerned institutions for the reintegration
of victims into their society and families; e) to provide
legal assistance to victims; and f) to provide medical follow-up
by personnel of health establishments under the Ministry of Health.
Other provisions of the Decree relate to the organization and functioning
of the centres, personnel and financing, among others.
Mauritius Amends its Domestic Violence Act
On 25 May 2004, Mauritius amended its Domestic Violence
Act to broaden the scope of application of the Act.
The major change made by the amendments was to expand the definition
of domestic violence to include acts of violence committed by any
person living in the same household. Previously, only the
violence committed by one spouse against another was subject to
the Act. Other changes include: a) providing for protection orders
to be issued in all cases of domestic violence; b) increasing the
penalties imposed on the perpetuators of domestic violence; c) authorizing
a court to order counseling sessions for the perpetuators/victims
of domestic violence; and d) authorizing a court to direct a probation
officer to report on the compliance of orders made under the Act.
http://www.gov.mu/portal/goc/assemblysite/file/2004/bill14.doc
Tunisia Enacts Law Criminalizing Sexual Harassment
On 2 August 2004, Tunisia enacted Law No. 2004-73 ,
amending the 1913 Penal Code to criminalize sexual harassment and
certain offences "against morality." The provision relating
to sexual harassment defines the offence as persistent harassment
of another person through humiliating or offensive actions, words
or gestures that are intended to cause the victim to submit to one's
own sexual overtures or to those of third party or to weaken the
victim's efforts to resist those overtures. The provision penalizes
offenders with imprisonment of one year and a fine of 3,000 dinars,
and doubles the punishment where the victim is a child or a person
with physical or mental disabilities. Criminal proceedings for sexual
harassment or other offences under the new provisions may only be
initiated by a public prosecutor on the basis of a victim's complaint.
An individual tried or convicted under the provisions may still
be subject to proceedings for other offences carrying more severe
penalties. A defendant acquitted of charges under the provisions
may seek damages for any harm suffered as well as initiate criminal
proceedings for libel or slander.
http://www.ilo.org/dyn/natlex/natlex_browse.details?p_lang=en&p_isn=68257
Algeria Enacts Law Criminalizing Sexual Harassment
On 10 November 2004, Algeria enacted Law No. 04-15 ,
which amends the Penal Code to create the offence of sexual harassment.
Sexual harassment is defined as abusing the authority conferred
by one's function or profession in order to give orders to, threaten,
impose constraints or exercise pressure on another person for the
purpose of obtaining sexual favors. A person convicted of this offence
is subject to imprisonment of two months to one year and a fine
of 50,000 to 100,000 dinars.
Tanzania Enacts Employment Law Prohibiting Discrimination
and Regulating Hours and Leave for Pregnant Employees and Mothers
On 4 June 2004, Tanzania enacted the Employment and Labour
Relations Act, 2004 , which guarantees fundamental labour
rights and establishes basic employment standards. The Act provides
broad protection against discrimination. Specifically, the Act mandates
that employers "promote equal opportunity in employment and strive
to eliminate discrimination in any employment policy or practice."
It prohibits direct or indirect discrimination by employers, trade
unions and employers' associations on a number of grounds, including
gender, pregnancy, marital status or family responsibility, disability,
HIV/AIDS and age. Harassment of an employee on any of these
grounds is equally prohibited. The Act also requires employers
to take "positive steps" to guarantee women and men an equal pay
for the work of equal value. Affirmative action measures intended
to promote equality or eliminate workplace discrimination do not
constitute discrimination under the Act. Contravention of
any of the Act's anti-discrimination provisions is an offence punishable
with a fine of up to five million shillings.
The Act's provisions on basic employment standards include those
relating to female employees who are pregnant or mothers. With respect
to working hours, employers are generally prohibited from requiring
or permitting pregnant employees and mothers to work at night (between
the hours of 8 p.m. and 6 a.m.) during the two-month periods prior
to and following childbirth. With respect to employment leave,
the Act provides for at least 84 days of paid maternity leave (with
up to four terms of leave per employee) and at least three days
of paid paternity leave for employees with at least six months service,
subject to certain conditions. The Act entitles female employees
to resume employment on the same terms and conditions at the end
of their maternity leave. Employers may not allow an employee to
work during the six weeks after giving birth unless a medical practitioner
certifies that she is fit to do so. Employers may also not allow
or require pregnant or nursing employees to perform work that is
hazardous to their health or to that of the children they are nursing.
The Act further requires employers to allow nursing employees up
to two hours' worth of breaks per day for breastfeeding.
http://www.parliament.go.tz/Polis/PAMS/Docs/6-2004.pdf
Ghana Adopts National Guidelines on HIV Voluntary Counseling
and Testing
In November 2003, Ghana adopted the National Guidelines
for the Development and Implementation of HIV Voluntary Counseling
and Testing . The Guidelines set forth the minimum acceptable
standards for the establishment of voluntary counseling and testing
(VCT) centres, including staff qualifications and training requirements.
They provide instructions on how to set up a VCT facility, ensure
adequate counseling, administer tests, ensure quality services and
offer patients referrals. In their provisions on counseling, the
Guidelines emphasize confidentiality and respect for patients' basic
human rights, including their rights to privacy, non-discrimination
and equality, as well as their rights to marry and give informed
consent. Guidance is offered for counseling in "special circumstances,"
including when testing is provided to pregnant women and adolescents.
Testing during pregnancy is the first step in preventing transmission
of HIV to newborns. The Guidelines emphasize that in order to encourage
pregnant women to be tested, strict procedures for maintaining the
confidentiality of their test results must be observed.
Counseling for pregnant women should ensure that they fully understand
the benefits and risks of HIV testing as well as the additional
services they would receive if they test positive. Pregnant women
who decline HIV screening should not be denied antenatal care, nor
coerced into accepting testing. As for adolescents, the Guidelines
call for staff sensitivity to the vulnerability of adolescent girls
to HIV infection. Services should be youth-friendly, understanding,
and non-judgmental. In cases where the adolescent is under the age
of 18, if a counselor assesses that the adolescent can understand
the reasons and implications for the test, then he or she should
be considered a "mature minor" capable of giving informed consent.
Counselors are instructed to encourage adolescents to inform parents
or guardians of test results, and assist them in doing so if it
is in the adolescent's best interest.
South Africa Amends Choice on Termination of Pregnancy Act
On 31 December 2004, South Africa enacted the Choice on
Termination of Pregnancy Amendment Act, 2004 , amending
the Choice on Termination of Pregnancy Act, 1996 to, inter alia,
expand the types of providers authorized to perform abortions, decentralize
government regulatory authority over abortion facilities and eliminate
the need for facilities meeting certain requirements to obtain government
approval to provide abortion services. Pursuant to the amendment,
registered nurses trained in accordance with the Act may perform
abortions during the first 12 weeks of pregnancy. Under the 1996
Act, only medical practitioners and registered midwives were authorized
to perform the procedure. The amendment also eliminates the requirement
that the Minister of Health approves all facilities providing abortion
services and enables relevant government authorities at the provincial
level to provide the necessary approval. The amendment further permits
facilities with 24-hour maternity services otherwise in compliance
with the Act to perform abortions during the first 12 weeks of pregnancy
without approval from the Minister. The amendment also sets forth
explicit staffing and resource requirements for facilities performing
abortions, which were lacking under the 1996 Act, and penalizes
noncompliance with imprisonment of up to ten years or a fine. Lastly,
the amendment enables relevant government authorities at the provincial
level to prescribe implementing regulations for the Act, which was
previously within the exclusive authority of the Minister of Health.
South Africa Adopts National Health Act
On 23 July 2004, South Africa adopted the National Health
Act, 2004 , which aims to regulate national health care
and provide uniformity in the provision of health services. To achieve
these goals, the Act seeks to: a) establish a national health system
that provides equitable and high-quality health services in both
the public and private sectors; b) establish the rights and duties
of patients and health-care providers; and c) protect, respect,
promote and fulfil the following rights: the constitutional right
to access to healthcare services, including reproductive healthcare;
the right to a safe and healthy environment; the rights of children
to basic nutrition and healthcare; and the rights of vulnerable
groups, including women, children, the elderly and persons with
disabilities.
Consistent with its goal of ensuring access to healthcare, the Act
guarantees free public services for primary healthcare, termination
of pregnancy and for care of children under age six and pregnant
and lactating women. The Act also authorizes the Minister of Health
to expand the prescribed categories of persons eligible for free
services.
The Act includes a chapter on patients' and healthcare providers'
rights and duties. Patients' rights include the rights to: access
emergency treatment; receive full information on one's health status
as well as the benefits, risks, costs, and consequences of available
treatment options; consent to procedures; participate in decisions
about one's own healthcare; and be guaranteed confidentiality.
Healthcare providers' rights include freedom from discrimination
on account of one's health status and the right to refuse to treat
an abusive or sexually harassing patient. The Act also requires
relevant provincial and municipal government bodies to establish
procedures to investigate patient complaints relating to their treatment.
Subsequent chapters of the Act detail the functions of government
health departments and other bodies at the national, provincial
and district levels and the regulation of health services and practices
in formal and informal venues. The Act specifically enables the
government to regulate the practice of circumcision and traditional
health practices to ensure the health and well-being of affected
persons. The Act also includes chapters relating to the development
and regulation of human resources, the regulation of blood and human
reproductive and health research.
http://www.doh.gov.za/docs/legislation-f.html
All previous issues of the UNFPA Global
Population Policy Update can now be found on UNFPA's website at:
http://www.unfpa.org/parliamentarians/news/newsletters.htm
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This newsletter is issued
by the United Nations Population Fund (UNFPA) in its capacity as
secretariat for the biennial International Parliamentarians' Conference
on the Implementation of the ICPD Programme of Action (IPCI/ICPD).
The first IPCI/ICPD was held in November 2002 in Ottawa, Canada
and the second in October 2004 in Strasbourg, France. These dispatches
are intended to highlight important developments taking place around
the world so that parliamentarians can be kept informed of and learn
from the successes, setbacks and challenges encountered by their
fellow parliamentarians in other countries and regions in their
efforts to promote the implementation of the Programme of Action
of the International Conference on Population and Development (September
1994, Cairo, Egypt). It should be noted that UNFPA does not necessarily
endorse all of the policies described in this newsletter.
Thanks to Center for
Reproductive Rights and Harvard University School of Public Health
for their contributions to the content of this newsletter.
Please send mailing list update information to Ragaa Said at said@unfpa.org
. If you have any questions or comments on the content of this
newsletter, please contact Harumi Kodama at kodama@unfpa.org
or Safiye Cagar at cagar@unfpa.org
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