Experts of the Committee on the Elimination of Discrimination against Women Praise Brazil’s Maria da Penha Law on Gender-Based Violence, Ask about Measures to Address Violence against Women and Promote Indigenous and Quilombola Women’s Land Rights
The Committee on the Elimination of Discrimination against Women today concluded its consideration of the combined eighth and ninth periodic report of Brazil, with Committee Experts praising the Maria da Penha law on gender-based violence and raising questions about measures to address violence against women and promote indigenous and Quilombola women’s land rights.
One Committee Expert said the Maria da Penha law was one of the most powerful laws on gender-based violence in the world. It valorised the work of Maria da Penha, who was currently under threat because of her work. How was the State party protecting Maria da Penha and other women’s rights defenders?
The Expert said Brazil had the highest number of rape cases in its history in 2021 and 2022. One girl or women was a victim of rape every 10 minutes. Obstetric violence against indigenous women was of serious concern. Were there plans to develop laws to address these issues?
Another Expert said indigenous peoples lacked titles to most of their ancestral lands. Quilombola women also faced barriers in terms of land ownership and were victims of expulsion from their land. What measures were in place to ensure the inclusion of indigenous and Quilombola women in planning policies that affected them?
Introducing the report, Aparecida Gonçalves, Minister of Women of Brazil and head of the delegation, said that in January 2023, after six years of setbacks in the implementation of public policies for women, the Government of President Luiz Inácio Lula da Silva created for the first time in the country's history a Ministry of Women. The Ministry aimed to guarantee the rights of all Brazilian women, articulating and executing policies for women.
The delegation said the State party was establishing security measures to protect Maria da Penha and all human rights defenders. A rapid response system was in place for all complaints of abuse of human rights defenders. The State party was establishing a national policy to ensure the protection of women human rights defenders and tackle violence against these women.
To combat all forms of gender-based violence, Ms. Gonçalves said the women living without violence programme was resumed in 2023. Its two priority axes were the dial 180 hotline and Brazilian Women's Houses, instituted to implement the Maria da Penha law. The Federal Government allocated 10 per cent of the National Public Security Fund to combat violence against women. In 2023, 100 million reais were transferred to the Fund. The delegation added that the Federal Government had developed a National Compact against Femicide and sought to develop a new policy on maternity and health care that would prevent obstetric violence.
The delegation also said that the Government had worked with indigenous peoples to draft territorial management plans for indigenous lands and plans for tackling the climate crisis. Under the national plan for territorial and environmental management, the State party had implemented measures to promote the participation of Quilombola and indigenous women and youth in environmental policy making. The State party was working on truth, justice and reparation for past human rights abuses against Quilombola and indigenous peoples.
In closing remarks, Ms. Gonçalves said it was an honour for Brazil to participate in dialogue with the Committee for the first time in 12 years. The Government wanted to achieve a Brazil free from hatred, with no femicide. It hoped to achieve equal pay for women and help the many vulnerable women in the State to gain equal rights. The State party would work to ensure that policies and plans for women were implemented and that the rights of women in Brazil were protected.
Ana Peláez Narváez, Committee Chair, in her concluding remarks, commended the State party for its efforts and called on it to address the Committee’s recommendations for the benefit of all women and girls in Brazil. The Committee wished the State party every success in addressing the challenges faced by women and implementing the Convention.
The delegation of Brazil consisted of representatives of the Ministry of Women; Ministry of Indigenous Peoples; Ministry of Human Rights and Citizenship; Ministry of Racial Equality; Ministry of Justice and Public Security; Ministry of Health; Ministry of Development and Social Assistance, Family and Fight Against Hunger; Ministry of Foreign Affairs; State of Parå; State of Cearå; State of Sergipe; State of Bahia; National Council of Justice; National Council of General Public Defenders; and the Permanent Mission of Brazil to the United Nations Office at Geneva.
The Committee will issue concluding observations on the report of Brazil at the end of its eighty-eighth session on 31 May. All documents relating to the Committee’s work, including reports submitted by States parties, can be found on the session’s webpage. Meeting summary releases can be found here. The webcast of the Committee’s public meetings can be accessed via the UN Web TV webpage.
The Committee will next meet at 10 a.m. on Friday, 24 May to consider the tenth periodic report of Rwanda (CEDAW/C/RWA/10).
Report
The Committee has before it the combined eighth and ninth periodic report of Brazil (CEDAW/C/BRA/8-9).
Presentation of Report
APARECIDA GONÇALVES, Minister of Women of Brazil and head of the delegation, paid tribute to Maria da Penha, a symbol of the fight against violence against women in Brazil, and to women of Rio Grande do Sul, a Brazilian state that had been facing for almost a month the effects of heavy rains and floods, leaving more than 150 dead and more than two million people affected.
In January 2023, after six years of setbacks in the implementation of public policies for women since the misogynistic interruption of the mandate of the elected President Dilma Rousseff in 2016, the Government of President Luiz Inácio Lula da Silva created for the first time in the country's history a Ministry of Women. The Ministry aimed to guarantee the rights of all Brazilian women, articulating and executing policies for women. In 2024, the budget for the Ministry was raised to 480 million reais. In the 2023 fiscal year, the amount committed to expenditures that benefited women was 216 billion reais.
To combat all forms of gender-based violence, the women living without violence programme was resumed in 2023. Its two priority axes were the dial 180 hotline and the Brazilian Women's Houses, instituted to implement the Maria da Penha law on domestic violence. The dial 180 hotline was a free service created in 2005 that served women from all regions and Brazilian women abroad. It provided information, guidance and referral of complaints of gender-based violence. The country currently had 15 Brazilian Women's Houses in operation, three inaugurated between 2023 and 2024. The houses in operation served more than 197,000 women last year.
The Brazilian Women's Reference Centre, adapted to smaller municipalities, currently had 306 units in operation in the country, with 12 more inaugurations planned for 2024. In total, more than 300 million reais were being invested in the two policies since 2023. In Dourados, a unit had been established with specific service flows and protocols for indigenous women. The Federal Government had instituted the National Pact for the Prevention of Femicides, with 73 measures from various ministries and a budget forecast of 2.5 billion reais, to be signed with states and municipalities. It contained specific actions for women in the rural, waters, and forests areas. The Federal Government allocated 10 per cent of the National Public Security Fund to combat violence against women. In 2023, 100 million reais were transferred to the Fund.
Women at risk of social vulnerability or who had their rights violated were assisted by services offered by the unified social assistance system. The sheltering units were present in 23 states and served around 8,000 people per year. In 2023, a law was enacted in Brazil that ensured the payment of rental assistance to women who had been removed from their homes. As a reparation policy, a law was approved that ensured a monthly benefit to orphans of women victims of femicide. All these policies followed the structuring axis of legislation developed with the active participation of civil society. In 2023, more than 10 laws aimed at ensuring the protection of women's lives were approved in the National Congress.
During the COVID-19 pandemic, maternal mortality in the country regressed to levels of two decades ago. The number of maternal deaths per 100,000 live births had increased by 94 per cent. Deaths disproportionately affected black and indigenous women living in rural areas and in the north and northeast regions of the country. The Federal Government was working to ensure women the right to reproductive health and humanised care during pregnancy and childbirth. The Government also led the Pact for the Reduction of Maternal and Neonatal Mortality, and was planning the construction of 60 maternity hospitals and 30 normal birth centres within the scope of the growth acceleration programme.
In Brazil, abortion was provided for by law if the pregnancy was the result of rape, if it represented a risk of death to the woman, or in case of foetal anencephaly. In January 2023, to address barriers imposed in recent years, Brazil announced the country's withdrawal from the Geneva Consensus on Women's Health and Strengthening of the Family; the revocation of Ordinance 2,561 of 2020, which instructed health professionals to report cases of legal abortion cases to the police authority; and the revision of norms, ordinances, and guidelines related to reproductive health to comply with current legislation. The Government also expanded access to contraceptive methods. The number of intrauterine devices provided through public health increased by 176 per cent between 2021 and 2023.
The State party was encouraging the provision of reproductive and family planning care and contraception in primary health care facilities. Actions for the prevention, vaccination and treatment of sexually transmitted infections, which had been reduced during the COVID-19 pandemic, were resumed. The menstrual dignity programme, created in 2023 to comply with law 14,214, ensured the free distribution of sanitary pads to girls, women and people who menstruated in situations of social vulnerability. From January to March 2024, 56 million sanitary pads were distributed, impacting 1.3 million beneficiaries in 3,700 municipalities.
In 2023, the Brazilian State took a significant step to reduce wage inequality with the equal remuneration law between women and men. The legislation required the disclosure of transparency reports by Brazilian companies with 100 or more employees, labour inspection, and fines in case of non-compliance. Reports showed a wage inequality rate of 19.4 per cent and generated data that informed policies. A national care policy had been developed to reduce women's workload. President Lula's Government established as a priority the guarantee of income and economic autonomy for women in rural and forest areas. The productive backyards programme enabled rural women to have access to technology and equipment to use their home backyards for animal husbandry and food production. The 20 million reais invested benefited 2,000 women. The national programme for strengthening family agriculture had a specific line of credit for rural women with an annual income of up to 100,000 reais. Over 28 million reais were invested in actions to strengthen black women entrepreneurs and mothers of victims of racial violence.
The Government was investing 200 million reais in projects that encouraged the entry, training, and permanence of girls and women in exact sciences, engineering and computing. The family basket programme benefited 21 million families, of which 86 per cent were headed by women. Families with pregnant women and children received an increase in benefits. The “Minha Casa, Minha Vida” programme was resumed in 2023, with priority access to housing for families with women as heads. Ninety per cent of the eight million units contracted since the beginning of the programme were in the names of women. President Lula's Government launched the “desenrola” programme, which since May 2023 had helped almost 11 million Brazilians, of which 55 per cent were women, to renegotiate their debts.
To address the underrepresentation of women in politics, the national plan to combat political violence against women promoted women’s representation as social leaders and in positions of power, and considered the impact of violence on black women, women from the rural, waters and forests areas, lesbians and transsexuals, and women with disabilities. To confront gender stereotypes, the Ministry of Women launched the Brazil without misogyny initiative, a call for the entire Brazilian society to commit to confronting hatred and all forms of violence and discrimination against women. Around 140 organizations from the public and private sectors joined the programme in a commitment to stop the discrimination imposed on women in society.
The Brazilian State was aware of its challenges and fully willing to face them to guarantee the rights of all women.
Questions by Committee Experts
LETICIA BONIFAZ ALFONZO, Committee Expert and Rapporteur for Brazil, said that Brazil had a population of over 200 million, and there were almost four million more women than men. There were millions of different species in Brazil; it was a custodian of biodiversity. Climate change events such as floods were impacting this biodiversity. Various cultures lived side by side and there was discrimination between groups.
The Government had recently produced differentiated statistics on different ethnic groups. However, it was not possible to distinguish between certain indigenous groups; improvement was needed in this regard.
There had been considerable progress since the last review by the Committee, but a large section of the population was still facing poverty and difficulties regarding access to justice. Brazil had signed almost all the International Labour Organization conventions but had yet to ratify the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families or the International Covenant on Economic, Social and Cultural Rights. Were there plans to do this?
Why had Brazil not produced a comprehensive law on violence against women? There were difficulties regarding the application of existing laws. Had the judiciary received training on gender perspectives? Were there protocols or measures established for such training? Was access to justice being guaranteed for women in vulnerable situations, including indigenous women and women with disabilities? Was there progress regarding access to interpreters and accessibility of courts?
There had been an exponential increase in the number of migrants entering Brazil from Venezuela. What measures were in place to support refugee women from Venezuela? Was there legislation promoting prior and informed consent regarding development projects affecting indigenous women?
Responses by the Delegation
The delegation said the Maria da Penha law was a comprehensive law addressing violence against women. There had yet to be an open debate on the creation of a broader law on violence against women. The State needed to undertake this process. There was training for the judiciary on the gender perspective in the justice system. There had been some difficulties with the implementation of the Maria da Penha law, but structures to implement the law were being established. The law had not yet reached rural women. A draft law was envisaged for rural women to ensure their access to justice. This work was underway. There had been discussions on how to ensure the proper access of populations to the necessary judicial services in rural areas.
There had been a high number of asylum requests received by the State; it received over 140,000 such requests last year, up four-fold from 2022. The State had a policy on providing asylum to migrant women who were victims of gender-based violence and female genital mutilation. It was speeding up the registration process for lesbian, bisexual, transgender and intersex women. Shelters were provided for women and children on the border with Venezuela, and the State party was working to move these women away from border areas. Brazil had been selected as a champion for family reunification. It was providing access to migrant women to reunite with their families.
The Government was in the process of collecting disaggregated data on indigenous populations. This effort started with the 2010 census and had been ongoing. There had been an increase in the financial reserves devoted to indigenous peoples, and policies supporting them were being developed.
Questions by Committee Experts
A Committee Expert commended the State party’s efforts to implement the Convention and establish the Ministry of Women. The fulfilment of article three remained inadequate. Did the Ministry possess the necessary resources to effectively coordinate a whole-of-Government approach to implementing the Convention? Was there a national gender policy with clear, measurable indicators? What monitoring mechanism existed to facilitate periodic reviews? What percentage of the national budget was allocated to the Ministry and what regulations on gender budgeting were there? Had the State party considered policies to increase gender budgeting?
What protocols and guidelines had been implemented to address systematic discrimination of women? What measures were in place to develop a national action plan on business and human rights? What steps had been taken to promote the inclusion of women in trade and economic activities? What authority did the Ministry have to establish standards regarding gender representation and gender budgeting? Was it working with the private sector to promote affirmative actions?
One Committee Expert said Brazil had made great achievements in gender equality, but in recent years progress in promoting gender equality had been stagnating. The mandatory 30 per cent quota for women’s representation in political parties had had limited implementation; more work was needed in this regard. Temporary special measures had not been sufficiently implemented to promote women’s employment. The State party had an obligation to adopt such measures.
What assessments had been conducted regarding the impact of temporary special measures and measures to combat gender inequality? How had these promoted women’s representation in political and economic spheres? How was the State party addressing the situation of vulnerable women? Were there plans to promote the representation of Afro-descendent women? How was the State party promoting women’s employment and countering inequality between genders? There were positive programmes on combatting violence against women. How were these monitored?
Responses by the Delegation
The delegation said the State party was trying to strengthen the Ministry of Women and structure ministries to promote the inclusion of women. The State party periodically reviewed the national plan for women. There was a gender observatory within the Ministry that assessed the implementation of gender budgeting and policies for women. Around 45 programmes implemented by the Government specifically targeted women. The Ministry of Women was building partnerships with other branches and levels of Government to promote the development of programmes and policies for women. Women and indigenous peoples needed to be included in all branches and sectors.
Between 2016 and 2022, the budget for the predecessor to the Ministry of Women was reduced. By 2022, there were less than one million reais devoted to it in each state of Brazil. In 2023 and 2024, the budget for the Ministry of Women was increased significantly, and the Ministry was fighting for further increases to its budget. There were also several additional programmes implemented by other ministries promoting women’s rights. A decree was adopted last year that required that at least five per cent of positions in women’s support centres needed to be filled by women victims of violence. There were also programmes to include more black women within banking and other sectors. Eighteen per cent of the members of Congress were women. Representation of women in Congress had increased by around 1.6 per cent in the recent elections. Many municipalities did not have a woman counsellor. The Ministry of Women was looking to make further progress on quotas and set aside seats in Parliament for women.
Currently, there were 88 Government programmes with agendas on gender, race and indigenous issues. The Government was monitoring the implementation of these programmes. The “Living Black Youth” programme aimed to tackle lethal violence affecting black women. Thirty per cent of civil service vacances were set aside for black people. A law on civil service quotas had been drafted and was being considered in Parliament.
Questions by Committee Experts
A Committee Expert thanked the delegation for expressing the State party’s willingness to address the status of women. Were the Sustainable Development Goals integrated into the efforts of the Ministry of Women? The Ministry had a very low budget, considering the gravity of the issues it was facing. There needed to be a re-evaluation of the comprehensive strategy on equality.
ANA PELÁEZ NARVÁEZ, Committee Chair, asked if there was coordination between ministries regarding the evaluation of policies for women. What happened if quotas were not fulfilled?
Responses by the Delegation
The delegation said the Ministry of Women had the authority to establish standards on women and develop laws on women’s rights, such as laws on salaries. It worked with various ministries to execute policies for women. There was a monitoring committee within the Women’s Ministry that monitored the execution of all policies that affected women on an ongoing basis, in coordination with other ministries.
Measures were taken to promote access to work for women victims of violence. The Government sought to guarantee that all women had access to the internet. It was working to implement the Sustainable Development Goals and promote the economic development of women. Social programmes were being implemented to promote the redistribution of wealth. The State party had goals and indicators regarding policies for women. There was an affirmative action programme providing scholarships for black women in educational programmes in the diplomatic field. Scholarships were also provided for women in rural areas to attend university.
Questions by Committee Experts
A Committee Expert said the Maria da Penha law was one of the most powerful laws on gender-based violence in the world. It valorised the work of Maria da Penha, who was currently under threat because of her work. How was the State party protecting Maria da Penha and other women’s rights defenders? The law addressed the prevention of gender-based violence and the role of men and boys in this regard. Women with disabilities were institutionalised and subjected to violence. Brazil had the highest number of rape cases in its history in 2021 and 2022. One girl or woman was a victim of rape every 10 minutes. Had the State party created a central body for collecting data on gender-based violence? Rural women and indigenous women were threatened by gender-based violence.
Land tenure was a great challenge in the Amazon. Around 15 million women lived and worked there. How was the State party providing land tenure for women and protecting them from violence in the Amazon? What steps had been taken to address enforced disappearance of women?
It was welcome that the State party was considering a law addressing obstetric violence. Obstetric violence against indigenous women was of serious concern, as was violence against women in politics. Were there plans to develop laws to address these issues? Sexism and racism were ingrained into schools and institutions. There was also a wave of gender-based hate crimes occurring online and offline. How was the State party addressing these issues?
ANA PELÁEZ NARVÁEZ, Committee Chair, asked what progress had been made to protect disadvantaged groups and reduce the prevalence of femicide and serious violence against these groups.
Responses by the Delegation
The delegation said the State party was establishing security measures to protect Maria da Penha and all human rights defenders. It had been addressing political gender-based violence. There were protection policies in place for indigenous women and Afro-descendent women who sought to protect their land. The Government sought to guarantee access to land and ensure land demarcation for indigenous communities. A rapid response system was in place for all complaints of abuse of human rights defenders. The Government sought to develop a new policy on maternity and health care that would prevent obstetric violence.
Brazil had been encouraging discussion on legislation addressing online violence. The State party needed to be able to bring cases of online violence to courts. In 2018, legislation was developed that prevented inter-state crimes from moving to the federal level. Investigations had been carried out into online harassment of female politicians. Fifteen Brazilian Women Houses had been constructed to support women victims of violence. One state had developed an education campaign that aimed to address misogyny. The Federal Government had developed a National Compact against Femicide, under which it was undertaking campaigns in schools and extending the use of electronic ankle tags in cases where women were at a high risk. Patrols also monitored emergency restraining orders.
Questions by Committee Experts
A Committee Expert said trafficking in women and girls was a pressing issue in Brazil, affecting vulnerable women. Brazilian women trying to migrate to the United States often fell victim to human smuggling. It was commendable that legislation on trafficking in persons had been revised to conform with international standards and that a national action plan on trafficking had been developed. It took up to 10 years to punish traffickers, contributing to a climate of impunity. Were there policies to speed up court proceedings? Some shelters lacked resources to support victims of trafficking. How was the State party addressing this?
Legal measures did not prevent vulnerable women from being exploited for sexual purposes, including children and transgender women in the sex trafficking industry. What were the root causes of the victimisation of women in the sex trafficking industry? How was the State party promoting the role of men and boys in preventing trafficking and exploitation of women?
Responses by the Delegation
The delegation said the national action plan on combatting trafficking in persons was in its third iteration. It implemented actions to tackle trafficking in persons, punish the crime, and provide care for victims. It fostered cooperation between public entities and civil society organizations to combat trafficking, and provided training to all associations involved in preventing trafficking. Awareness raising campaigns were in place on preventing trafficking. The State party had a monitoring platform for the plan, which showed that 70 per cent of the plan’s targets had been met. A fourth iteration of the plan was being drafted and would be launched in July of this year. The new plan would promote further intersectoral cooperation. Reception centres were in place for Brazilians who had been refused entry into other countries. A protocol on supporting victims of trafficking had been developed. There were 60,000 places available in shelters for victims of violence and sexual exploitation. Last year, support centres had received over 400 victims of trafficking, who were receiving support from the State.
The State party was mapping vulnerable areas regarding the sexual exploitation of children and adolescents, and building protection networks in these regions. These efforts had allowed the police to identify more cases of exploitation. The Public Defender’s Office provided consultations at migrants’ shelters throughout Brazil. It could refer cases to the appropriate entities and impose judicial protection measures. The Office took part in awareness raising campaigns on migrants’ rights, promoting greater access to justice for migrants when their rights were violated.
The Ministry of Human Rights had a national commission for combatting slave work and tackling sexual exploitation. Transgender associations could be included in investigations of sexual exploitation. Preventive activities were undertaken to combat sexual exploitation. The State party had developed a programme promoting decent work for transgender persons that it was currently rolling out.
Questions by Committee Experts
One Committee Expert said that Brazil had implemented a mandatory 30 per cent quota for women’s representation in 2009, but only around 10 per cent of seats in the National Congress were occupied by women in 2023. Women held less than 50 per cent of Parliamentary seats. Black representation was also disproportionately low. Only 15 per cent of elected officials were women in the 2023 elections and black women represented only 2.5 per cent of Parliament. There were alarming levels of violence against human rights defenders, women journalists and Afro-descendent communities. Measures were needed to promote indigenous organizations’ right to peaceful assembly. Female political candidates were particularly targeted by threats and abuse online. Only eight per cent of businesses were headed by women.
What progress had the State party made in increasing the representation of women in all branches of Government? How was the State party promoting the right to peaceful assembly for women human rights defenders? How was it addressing online harassment against female political candidates? Could statistics be provided on the representation of women in the private sector? Was Brazil considering introducing quotas regarding women’s representation in the private sector and the judiciary?
Another Committee Expert commended the State party on its progressive efforts to promote the right to nationality, through its development of a simplified path to nationality for stateless persons. It was welcome that the State party had made efforts to grant nationality to refugees from various countries. Refugees and stateless persons lacked information regarding the processes for applying for residency status and citizenship. What steps had been taken to promote women refugees’ access to the application process? Refugee women continued to face violence, discrimination and barriers to accessing employment. How was the State party addressing this?
Responses by the Delegation
The delegation said the State party was working to ensure all women candidates were protected in elections. Fines were issued to political parties that did not have at least 30 per cent women candidates. The State party was working to provide more opportunities to women to take up decision-making posts in political spheres. There were 190 businesses that had joined a Government programme encouraging women’s representation in leadership positions and equal pay for equal work between men and women. The State party had a quota for the number of black judges in the judiciary.
There had been progress in terms of refugee policies in 2023, when 140,000 asylum applications were addressed. Fifty-five per cent of refugees were female. There was a policy on granting asylum to female victims of violence implemented in 2023. The Ombudsman’s Office supported migrants who wished to obtain Brazilian nationality. Information campaigns in municipal social assistance centres provided information on how to apply for refugee status and nationality, and specialised centres provided legal advice to migrants on these processes.
Recently, a woman was appointed as the Secretary-General of Foreign Affairs, and in 2023, 23 per cent of diplomats were women, up from around 19 per cent in previous years. Around 13 per cent of embassy staff were women. The Government sought to promote higher representation of women in the diplomatic field.
Questions by Committee Experts
One Committee Expert commended the school feeding programme, which covered more than 40 million children and was the second largest in the world, as well as the scholarships that Brazil provided to minorities. What measures were in place to promote access to education for women and girls from vulnerable groups, including education in science, technology, engineering and maths subjects? Around two-thirds of university graduates were women. Had the State party investigated the underrepresentation of men?
Most child domestic workers had less than four years of education and people of migrant backgrounds had limited access to education. What measures were in place to promote access to education for vulnerable groups? How would the State party address the root causes of dropouts of Afro-Brazilians in rural areas? Had the State party investigated the causes of teenage pregnancies? Were there temporary special measures to promote the representation of trans women in universities? Only 27 per cent of positions in higher education were filled by Afro-descendant women. What studies had been conducted into this problem and what response measures were in place? How was the State party promoting access to education for women with disabilities? Were temporary special measures in place to promote a more diverse representation of teachers? The curriculum needed to be revamped and conservative influences restricting sexual education needed to be addressed. How was the Government doing this? What studies had been conducted into education on lesbian, gay, bisexual, transgender and intersex rights?
One Committee Expert said progress had been made in developing legislation on equal pay and the rights of migrant workers. However, the gap in labour participation between men and women had not changed much since 2005. Brazilian women worked more hours and had lower wages than men. The labour market was strongly segregated based on gender and race. Around 70 per cent of women domestic workers were in the informal sector. There were 787 complaints of violence and sexual harassment against women in 2023. What measures were in place to counter gender segregation in the labour sector? How did the State party plan to further tackle inequality? What effects had legislation aiming to promote wage equality had? How many complaints of workplace harassment had the State party received and what reparations and sanctions had been issued in response? How was the State party combatting sexual harassment in the workplace? What measures were in place to promote increased access for women from vulnerable groups to employment?
Responses by the Delegation
The delegation said Brazil had worked to increase the participation of women in education, particularly in sciences. A programme had been developed that provided monthly payments to students in secondary school. The State party was also working to further increase the coverage of the school meals programme to encourage children to stay in school.
The State party had developed programmes supporting domestic workers to access literacy programmes and other education courses. It sought to improve domestic workers’ access to university education. An incentive programme was in place to encourage teenage mothers to resume their studies. The State party sought to improve access to creches to alleviate mothers’ care burden. There was a strategy to address bullying, violence and hate speech in schools. Laws had been developed on the teaching of cultural history and indigenous culture in schools. Training was provided to teachers on these subjects.
Under new legislation on equal pay, businesses with over 100 employees needed to report the salaries they provided to men and women workers. Trade unions were involved in collecting this information. The gender pay gap was around 19 per cent in 2023, with a larger gap in managerial positions. The State party would continue with its efforts to promote equal salaries for women. Businesses that did not fulfil the requirements of equal pay needed to devise gender equality plans within 90 days; if they did not do so, they would be fined. The Ministry of Racial Equality had a programme promoting the business activities of black and indigenous women workers, which included a mechanism for purchasing goods produced by rural indigenous women.
Questions by Committee Experts
One Committee Expert said the rate of abortion in certain age brackets and among Afro-Brazilians was unacceptable. Some women who sought abortions were criminalised. How was the State party promoting safe access to abortion?
A Committee Expert asked how the law on sexual harassment of women in the workplace was implemented. Would the State party ratify International Labour Organization Convention 190 on harassment at work? Maternity leave was provided for 120 days on average, but there were large discrepancies between sectors. How was the State party addressing these? Were there plans to provide additional paternal leave for fathers? Were there strategies for promoting access to work for vulnerable groups of women?
Responses by the Delegation
The delegation said the State party was fighting for the ratification of International Labour Organization Convention 190 in the National Congress.
Investments had also been made in universities with predominately black students. The State party sought to increase men’s participation in university studies. It was promoting sexual and reproductive health education in schools. There was a strong “anti-vax” movement that the Government had worked hard to combat during the COVID-19 pandemic.
The State party had made progress on tackling sexual harassment in the workplace. The Ministry of Managerial Innovation had created a working group that was devising policies for tackling harassment. Five days of parental leave were provided to fathers. There needed to be further debate regarding the law on parental leave to increase the parental leave period. The State party was working to address vertical segregation in the labour sector.
Questions by Committee Experts
A Committee Expert commended the State party’s health care policies, such as the unified health care system. The Committee welcomed the 2022 decree to provide women and girls with free period products. Was this limited to vulnerable women? There was a high prevalence of cervical cancer in Brazil. Did the State party have programmes for detecting such cancer and addressing the stigma around human papillomavirus? Indigenous and black women were disproportionately affected by the cancer. What was the gender breakdown of gynaecologists in the State? How was the State party promoting quality health care for indigenous women and traditional health practices?
Persons performing illegal abortions faced up to four years in prison. The debate on abortion legislation in the Supreme Court had been suspended. When would this resume? Brazil had a high rate of maternal mortality compared to neighbouring countries. Were there plans in place to expand access to abortion? What measures were in place to promote access to education on reproductive health for indigenous women?
One Committee Expert suggested that the State party draft a new national action plan on women, peace and security that addressed the protection of the Amazon. Brazilian women’s leadership in the women, peace and security agenda would be a major contribution to the global fight against climate change.
Responses by the Delegation
The delegation said the State party aimed to extend the menstrual dignity programme to ensure that health centres and schools had a stock of sanitary towels. It was also working to increase the availability of vaccination for human papillomavirus and testing for cervical cancer. Indigenous plant therapies had been accredited by the unified health system. There had been an increase in the maternal mortality rate among black and indigenous women. This was due to both denialism and a lack of access to health care for these groups. The Government had been investing in awareness raising campaigns promoting vaccination against human papillomavirus and programmes promoting access to health care in remote areas.
Current legislation on abortion was problematic. Members of the press and non-governmental organizations sometimes made efforts to block access to legal abortion services. There was also persecution of medics who provided legal abortions. The Prosecution Service was trying to address these issues. It was unlikely that the suspension of the Supreme Court case on abortion legislation would be lifted soon. Brazil was ashamed of its maternal mortality rate. The Government was working to address this by creating a health service that fulfilled its obligations to women.
Women needed to be included in debates on climate justice and agricultural policy. The State party had held discussions with women stakeholders on a new plan for security and peace.
Questions by Committee Experts
A Committee Expert asked about plans to decriminalise abortion and make it more available. Would it consider abortion safe zones? The Expert welcomed that the vaccine against human papillomavirus was being provided to girls. Would the State party expand the coverage of the vaccine to boys and younger girls?
One Committee Expert said care work represented an enormous burden for women. In 2022, women dedicated 23 hours per week to unpaid care work, compared to 11 hours for men. Was there a public policy that addressed unpaid care work? Were there plans to increase access to affordable care services for children? Would the State party consider compensating women for unpaid care work? What gender impact assessments had been conducted into recent tax reforms? Were there plans to introduce a positive tax system to provide reparations to indigenous and black women who were victims of colonialism and historic abuses?
Women bore the brunt of climate change. How was the State party promoting access to climate justice for indigenous and rural women? Had the State party recognised the traditional knowledge of indigenous women? What measures were in place to ensure that women benefited from decent jobs in the green economy?
Another Committee Expert welcomed the creation of the Ministry of Women and the Ministry of Racial Equality. Women faced violence from many sources in rural areas. There was a pattern of enforced disappearance in these regions. Many indigenous women had fallen victim to domestic violence and harassment. Indigenous peoples lacked titles to most of their ancestral lands. Quilombola women also faced barriers in terms of land ownership and were victims of expulsion from their land. What measures were in place to ensure the inclusion of indigenous and Quilombola women in planning policies that affected them? How would the State party support access to justice for these groups? What strategies were in place to strengthen public policies for Quilombola?
Responses by the Delegation
The delegation said the Government was working on developing care policies and community structures that could help alleviate women’s care burden. The State party was considering paying salaries to women for unpaid care work. It would consider how to include women in the tax reform process.
Structural racism and segregation were deeply entrenched. The State party needed to address prejudice against people of African descent and indigenous peoples. The Government had worked with indigenous peoples to draft territorial management plans for indigenous lands and plans for tackling the climate crisis. Around 42 pieces of land had been demarcated and 23 specified as indigenous land as part of these efforts. A programme had been set up to support 341 indigenous women-rights defenders.
The quota law had enabled an increased number of people of African descent to pursue education. Further progress was needed in promoting access to employment for indigenous women. There had been an increase in recent years in appeals for land titling. Under the national plan for territorial and environmental management, the State party had implemented measures to promote the participation of Quilombola and indigenous women and youth in environmental policy making. The State party was working on truth, justice and reparation for past human rights abuses against Quilombola and indigenous peoples. It needed to strengthen the monitoring of the implementation of these policies. The Ministry of Women had established permanent dialogue fora for Quilombola women, rural women and indigenous women. The State party was establishing a national policy to ensure the protection of women human rights defenders and tackle violence against these women.
Questions by Committee Experts
A Committee Expert welcomed the progress made in relation to land titling. The war on drugs and anti-crime measures had affected indigenous and African descendant communities. Long-term closures of schools under this programme increased the care burden on women. Did the State party plan to speak with black women about how to address security issues, and to implement policies to address the military period and legacies of structural racism?
Another Committee Expert said Brazil was a model in the region in terms of its flexible approach to family law. The Civil Code allowed for marriage from the age of 16 with the permission of parents. Pregnancies had an influence on early and forced marriages. Did the State party plan to lift exceptions to early marriages? How many girls under the age of 18 were married? The law of parental alienation had allowed incestuous fathers to convert their own daughters into domestic sex slaves. What training was provided to judicial officials on the implementation of the law, and were there plans to amend or repeal the law?
Responses by the Delegation
The delegation said it was difficult to tackle the phenomenon of early marriage. Brazil needed to debate reform of legislation on parental alienation and the establishment of hybrid family courts. There was no timeframe for the revision of the law on parental alienation. A law had been adopted that prevented joint parental rights in cases of domestic violence. Legal training on gender issues had been created for judicial officials. Continuing, permanent training needed to be provided for civil servants, who needed to be held accountable for not complying with the law.
Concluding Remarks
APARECIDA GONÇALVES, Minister of Women of Brazil and head of the delegation, thanked the Committee for the dialogue. It was an honour for Brazil to participate in the dialogue for the first time in 12 years. The Government wanted to achieve a Brazil free from hatred, with no femicide. It hoped to achieve equal pay for women and help the many vulnerable women in the State to gain equal rights. The State party would work to ensure that policies and plans for women were implemented and that the rights of women in Brazil were protected.
ANA PELÁEZ NARVÁEZ, Committee Chair, commended the State party for its efforts and called on it to address the Committee’s recommendations for the benefit of all women and girls in Brazil. The Committee wished the State party every success in addressing the challenges faced by women and implementing the Convention.
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CEDAW24.020E