Assessing The Enabling Governance Environment To Promote and Enforce Women S Rights in The Southern Caucasus

Assessing the Enabling
Governance Environment to
Promote and Enforce Womens
Rights in the Southern Caucasus
August 2006
Funded by the Norwegian/Dutch Fund for Gender Mainstreaming (GENFUND)
Table of Contents
Acknowledgments
Acronyms and Abbreviations
Executive Summary
1. Introduction
Objectives
Background
Methodology
2. The Enabling Environment for Promoting Womens Rights in Armenia
v
vi
vii
1
1
1
2
Human Capital Dimensions of Gender Equality

Access to Economic and Productive Resources
Status and Protection under the Law: The Legal Framework for Gender Equality
The Institutional Framework for Protection of Womens Rights
Enabling a Governance Environment for Civil Society Organizations
3
3
4
13
13
3. The Enabling Environment for Promoting Womens Rights in Azerbaijan
15

The Institutional Framework for the Protection of Womens Rights
4. The Enabling Environment for Promoting Womens Rights in Georgia

The Institutional Framework for Protection of Womens Rights
5. Key Issues of Womens Equality Addressed by Women's NGOs
Human Development Issues

Access to Labor Markets and Productive Resources
Advocacy on Womens Rights and Participation
Pressing Social Issues
Violence against Women
Conclusions and Recommendations
15
15
16
29
29
31
31
31
31
41
41
43
43
43
43
44
44
45
iii
Annex 1. List of Participants: Videoconference Dialogue Series
47
References
51
Bibliography
53
General
Armenia
Azerbaijan
Georgia
Endnotes
53
54
55
56
58
List of Tables
Table 1. Indicators of Human Capital Development: Armenia ............................................................................................3
Table 2. Indicators of Access to Economic and Productive Resources: Armenia ................................................................4
Table 3. The Legal Dimensions of Gender Equality in Armenia..........................................................................................5
Table 4. Indicators of Human Capital Development: Azerbaijan .......................................................................................15
Table 5. Indicators of Access to Economic and Productive Resources: Azerbaijan...........................................................16
Table 6: Legal Dimensions of Gender Equality in Azerbaijan ...........................................................................................17
Table 7. Indicators of Human Capital Development: Georgia............................................................................................31
Table 8. Indicators of Access to Economic and Productive Resources: Georgia ...............................................................31
Table 9. Legal Dimensions of Gender Equality in Georgia................................................................................................32
Table 10. Womens Political Participation in the Southern Caucasus ................................................................................43
iv
The Governance Environment for Womens Rights in the Southern Caucasus
Acknowledgments
The project was funded by the Norwegian/Dutch

Trust Fund for Gender Mainstreaming (GENFUND).
The findings of this report are the result of research,
analysis, interviews, consultations, and a series of
videoconference dialogues conducted with the
representatives of civil society organizations,
governments, academia, and World Bank staff. The
report was prepared by a team of international and
local consultants consisting of Astghik Grigoryan
(international
consultant),
Elene
Rusetskaia
(Georgia), Anna Harutyunyan (Armenia), and Ramil
Isgandarov (Azerbaijan). The task team leader was
A. Waafas Ofosu-Amaah, Senior Gender Specialist in
the Poverty Reduction and Economic Management
Gender and Development Unit (PRMGE).
This report and videoconference dialogue series
were made possible by a large number of people and
organizations. The team is grateful to the numerous
representatives from government, civil society
organizations, and United Nations agencies that
participated in the videoconference dialogues.
Several World Bank staff members, both at
headquarters and in the three country offices,
provided significant advice and feedback, and their
input is greatly appreciated. These include Saida R.
Bagirli (Operations Officer, Gender Focal Point,
World Bank, Azerbaijan), Antony Cholst (Lead

Country Officer), Arunima Dhar (Consultant,
PRMGE), Susanna Hayrapetyan (Senior Public
Health Specialist, Gender Focal Point, Armenia),
Tigran Kostanyan (Voice Secondee, PRMGE),
Pierella Paci (Lead Economist, PRMPO), Inga
Paichadze (External Relations Officer, Gender Focal
Point, Georgia), Roger Robinson (Country Manager,
Armenia), Vigen Sargsyan (External Relations
Officer, Armenia), and Sarosh Sattar (Senior
Economist, and Regional Gender Coordinator,
ECSPE).The able resource management and
administrative assistance of Maria Lourdes Abundo
(Resource Management Assistnt, PRMVP), Dawn
Ballantyne (Program Assistant, PRMGE), Afag
Jafadova
(Resource
Management
Assistant,
ECACA), Irma Khatiashvili (Accounting Clert,
ECCGE), Satik S. Nairian (Program Assistant,
ECCAR) and Gamar Usifova (Office Administrator,
ECACA) is gratefully acknowledged. We also thank
the following for their very able translation services
during the videoconferences: Rusudan Kraveishvili,
_____The team acknowledges the support and
assistance provided by Rick Ludwick in the
production of the report. Mike Alwan edited and
formatted the report
Acronyms and Abbreviations
ABA/CEELI
CEDAW
CIS
CSOs
DHS
EU
GENFUND
HIV/AIDS
ICLA
IDA
IDP
IFAD
IMF
MDG
NGOs
NRC
OSCE
OSI
PRMGE
UNDP
UNFPA
UNIFEM
USAID
VAT
vi
American Bar Association/Central European and Eurasian Law Initiative

Convention for Elimination of all forms of Discrimination against Women
Commonwealth of Independent States
Civil Society Organizations
Domestic Household Survey
European Union
Norwegian/Dutch Trust Fund for Gender Mainstreaming
Human Immunodeficiency Virus/Acquired Immunodeficiency Syndrome
Information and Counselling Aid project
International Development Association
Internally Displaced Persons
International Fund for Agriculture Development
International Monetary Fund
Millennium Development Goal
Nongovernmental Organizations
Norwegian Refugee Council
Organization for Security and Cooperation in Europe
Open Society Institute
Gender and Development, Poverty Reduction and Economic Management Network
(PREM)
United Nations Development Program
United Nations Population Fund
United Nations Fund for Women
United States Agency for International Development
Value-added Tax
Executive Summary
After the collapse of the Soviet Union, Armenia,

Azerbaijan, and Georgia experienced a sharp decline
in economic output, prolonged regional conflicts
resulting in great numbers of internally displaced
persons (IDPs) and refugees, the deterioration of
social protection systems, and devastating natural
disasters. These circumstances resulted in a dramatic
increase in poverty and a decline in the human
development index. Poverty has greatly affected
women and introduced numerous obstacles and
challenges in the promotion of gender equality and
advancement of womens rights. Furthermore,
women face new challenges with regard to issues
such as human trafficking, rights of IDPs, and
peacekeeping initiatives. Regional cooperation is
necessary to address these issues.
This period of transition has resulted in a decline
in public expenditures in social sectors and
institutions such as medical care, child care, or out-ofschool institutions. This situation has also had
negative impacts on human development indicators
for women. Womens access to productive resources
and labor markets is restricted. Unemployment rates
are fairly similar among men and women in
Azerbaijan and Georgia, but women comprise about
66 percent of the unemployed population in Armenia.
There are also gender disparities in remuneration
schemes for women and men throughout the region.
On average, in the three countries, women earn 30
percent less than men. Womens economic
participation is visible in small business, especially in
the small-scale trade and services sectors.
Review of the human development indicators
relating to access to productive and economic
resources, and the legal and institutional frameworks
for promoting womens economic advancement and
protecting their rights, reveals findings in five main
thematic catgories. Each category has significant
policy implications for both national policy makers
and international development partners. These
findings and implications are outlined below.
1. Legal frameworks: All three countries have
adopted legal frameworks guaranteeing
equal rights to women and men (de jure).
However, women often have fewer
protections in reality (de facto) due to the
2.
3.
4.
5.
weak enforcement mechanisms and lower

levels of legal literacy among women. The
existing gender disparities negatively affect
womens access to decision-making
processes, productive resources, and labor
markets.
Institutional arrangements: Institutional
arrangements are limited in all three
countries because of a lack of a clear
institutional structure authorized to address a
comprehensive range of gender issues to
enhance opportunities for women and men.
There is also limited institutional capacity to
promote the development, implementation,
and coordination of gender policies of the
respective countries.
Womens participation in decision
making: Womens participation in decision
making, as measured by representation in
the executive and local branches of
government and in the legislature and
judiciary, remains low. By contrast,
womens participation in nongovernmental
organizations is increasing.
Womens access to productive resources
and labor markets: Womens economic
participation is visible in small business,
especially in the small-scale trade and
services sectors. These sectors have
substantially lower remuneration than in
other sectors, which may explain the
significant gender wage disparities.
Civil society organizations (CSOs) play a
major role in the area of gender equality
in the region: Womens civic participation
in the region is high and they comprise the
majority of participants in nongovernmental
organizations (NGOs). This is a result of
two opposite trends for women in politics:
on the one hand, a drastic decline in
womens access to (national and local)
government positions, and on the other
hand, an unprecedented increase in womens
participation in informal politics, in building
vii
civil society, and in NGOs. 1 However,

coalition-building efforts among the
womens rights NGOs and other civil
society organizations are weak. CSO
financial viability is problematic, with the
international donor community being the
sole source of financing.
These findings emphasize the need for more
comprehensive and targeted initiatives to raise public
awareness, provide legal literacy for women and men,
and strengthen networks of womens organizations to
enable women to play more informed leadership roles
in promoting their economic empowerment. These
findings also highlight the need to encourage
collaborative efforts among CSOs and womens
rights NGOs to address issues more effectivelynot
only in the areas that are considered to be womens
interests (such as domestic violence, reproductive
viii
health, human trafficking), but also in public policy,

constitutional changes, and overall economic policies
that promote equitable growth. These policy
implications go beyond building the capacity of
womens groups; they include mainstreaming gender
issues in major national development policies, and
efforts such as those designed to assist the newly
established offices of Ombudsmen in the region with
the enforcement of womens rights. Key partners in
these processes include international development
organizations working in the region, including the
European Union (EU), the Organization for Security
and Cooperation in Europe (OSCE), the Open Society
Institute (OSI), the United Nations Development
Program (UNDP), the United Nations Fund for
Women (UNIFEM), and the United States Agency
for International Development (USAID).
1
Introduction
Objectives
This project set out to assess the capacity of civil
society organizations (CSOs) to meet the pressing
needs for legal literacy, legal aid, and improved
access to justice and legal services for poor women in
Armenia, Azerbaijan, and Georgia. The primary
objectives were as follows:
Identify laws and institutions that promote
womens rights.
Identify and disseminate successful initiatives
that promote womens legal rights and legal
literacy and facilitate their access to legal
services.
Strengthen collaboration among groups
working on gender issues in prioritizing
womens legal rights.
Background
After the collapse of the Soviet Union, Armenia,
Azerbaijan, and Georgia, along with other
Commonwealth of Independent States (CIS)
countries, experienced a sharp decline in economic
output, prolonged regional conflicts resulting in great
numbers of internally displaced persons (IDPs) and
refugees, the deterioration of social protection
systems, and devastating natural disasters. These
circumstances resulted in a dramatic increase in
poverty and a decline in human development indices.
Poverty has greatly affected women and introduced
numerous obstacles and challenges in the promotion
of gender equality and advancement of womens
rights.
Despite efforts by the respective governments in
the three countries, several issues pertaining to gender
equality and participation in economic development
have not yet been properly addressed. The

governments sometimes lack appropriate resources,
information, and skills to deal with issues related to
the womens rights. Moreover, the countries of the
region face new challenges in the area of womens
rights, including issues such as human trafficking, the
rights of IDPs, and peacekeeping initiatives that
require regional cooperation.
Because of their ties to the constituencies they
serve, CSOs have the potential to assist governments
in making informed decisions concerning womens
rights and status, as well as in empowering women in
the region. CSOs in the region can play important
roles as intermediaries for concerned citizens to
participate in the public sphere, to influence the
decision-making process, and in many cases to
promote womens rights. Given the volatility of the
region, nongovernmental organizations (NGOs) are
better positioned and are often more flexible than the
respective
governments
in
initiating
and
implementing projects requiring cross-border
cooperation. However, for CSOs to be effective
participants in the development process and to realize
their mandates, an enabling legal, regulatory,
institutional, and policy environment is necessary.
Governments can facilitate the creation and
enforcement of such an environment.
The development of the NGO sector in the
region is in its nascent stage. Women play a vital role
in these organizations and comprise a majority of
members of the NGO sector in all three countries.
The transition period after the collapse of the Soviet
Union resulted in two opposite trends for women in
politics: on the one hand, a drastic decline in womens
access to (national and local) government positions,
and on the other hand, an unprecedented increase in
womens participation in informal politics, in building
civil society, and in NGOs. 2 Organizations working
1
in the area of women rights and equality 3 comprise

roughly 10 to 12 percent of all the registered
organizations in Armenia, Azerbaijan, and Georgia.
These organizations focus their activities in the
following areas:
Educational activities and advocacy on
womens rights: lobbying, training, seminars,
conferences
Economic
advancement:
poverty,
unemployment, labor rights, micro credit
Vulnerable social groups: women prisoners,
prostitutes, disabled women, internally
displaced women and refugees, ethnic
minorities
Pressing social issues: migration and human
trafficking, reproductive health, demography,
conflict resolution, and peace building
Violence against women and domestic
violence:
prevention,
rehabilitation,
psychological, and legal assistance
Gender and womens studies
in terms of access to productive resources, and their

status and protection under the law. The first two
indicators address the quantitative aspects of gender
equality and are presented as introductory background
to show womens status relative to men. The latter
indicator is the main focus of this report, and reviews
the legal dimensions of gender equality, with a view
to assessing the enabling policy environment that
allows womens groups and other NGOs to promote
womens advancement. The report combines dual
methodological approaches: a review of the existing
body of literature, research, and project documents;
and interviews with representatives of NGOs,
government officials, experts, and other stakeholders,
including discussions from videoconference dialogues
with these stakeholders.
The information is presented in a format that
allows each set of country information to be a standalone piece in Sections 2, 3, and 4 respectively.
Section 5 presents information about the role of
NGOs in the three countries, followed by the
presentation of conclusions and findings in Section 6.
Methodology
This report is organized around three key dimensions
of gender equality: the status of women as far as
human capital development is concerned, their status
2
The Enabling Environment for
Promoting Womens Rights in Armenia
Human Capital Dimensions of

Gender Equality
Women and men have equal participation rates in the
first eight grades of schooling. Enrollment rates are
higher for girls in the 9th and 10th grades, as well as
at the secondary, vocational, and university levels. As
shown in Table 1, however, human development
indicators in education and health for women lag
behind those for men. For example, more boys are
enrolled in postgraduate studies. 4 Boys tend to be
awarded scholarships more regularly at the university
level. This situation can be explained by the fact that
according to the Law on Military Service, male
postgraduate students and PhD-and-higher degree
holders are exempt from military service.
The social and economic transition affected the
health care sector. As a result, new public health
challenges and concerns have emerged, such as
tuberculosis, sexually transmitted deceases, and
human
immunodeficiency
virus/acquired
immunodeficiency syndrome (HIV/AIDS). The state
does not provide reproductive health, sex, or family
planning education. The contraceptive prevalence rate
was 60.5 (Table 1). According to the 2000 Domestic
Household Survey (DHS), 38 percent of pregnancies
end up in live births and 55 percent in abortions. 5 The
prevalence of HIV/AIDS among young females (15
24 years old) was at a low of 29 cases in 2001, but
seems to be growing quickly. 6 There is limited
knowledge available on the causes and methods of
preventing HIV/AIDS. 7
Table 1. Indicators of Human Capital

Development: Armenia
Human capital development
dimension for Armenia
Access to education
Ratio of female-to-male enrollment in
secondary education (2002)
Annual growth rate of female-to-male ratio in
education (19992002)
Boygirl gap in primary completion rate
(2003)
1.02
0.81
4.0
Access to reproductive and health services

Percentage of births attended by skilled health
staff (2000)
96.8
Contraceptive prevalence rate (2000)
60.5
Adolescent (1519) fertility rate (200005)
32.3
Source: World Bank.
Access to Economic and

Productive Resources
Employment and labor force participation remain the
major challenge for women in Armenia, as shown in
Table 2. The majority of unemployed Armenians
are women: Of the 34 percent of unemployed
population, 66 percent are women, 8 resulting in
the highest percentage of female unemployment in the
Table 2. Indicators of Access to Economic and

Productive Resources: Armenia
Access to economic and productive
resources dimension for Armenia
Female-to-male labor force participation
ratio (2003)
0.91
Annual growth rate of the female-to-male

labor force participation (19902003)
0.37
Source: World Bank
region. 9 Women earn about 30 percent less than

men, 10 and are mostly employed in the low-income
sectors, such as the services sector. Women received
fewer assets from privatization than men and, while
better represented in business, lag behind in
ownership of large enterprises. 11
Extended maternity leave of up to three years
creates a substantial burden for employers, potentially
creating a barrier to employing women. 12 There is a
pronounced polarization of labor in rural areas, with
women being responsible for household work, child
care, and preparing produce for sale. 13 As a result of
high male unemployment and underemployment,
male out-migration is very high. 14 Women are

therefore affected by the breakup of families, hidden
unregistered divorces, and sham marriages with
foreigners.
Most
important,
female-headed
households constitute 33 percent of all Armenian
households, which establishes a different pattern of
family roles that is often not recognized.
Status and Protection under

the Law: The Legal Framework
for Gender Equality
The legal framework for womens rights and
economic advancement in Armenia includes the
Constitution, 15 the Civil, Criminal, Labor, Electoral,
and Family Codes, and other legislative acts. In 1993
Armenia ratified the United Nations (UN) Convention
on the Elimination of All Forms of Discrimination
against Women (CEDAW) without reservation.
Women are underrepresented in public decisionmaking bodies and local NGOs have successfully
lobbied to raise the threshold to enhance womens
representation in the National Assembly. On May 19,
2005, Article 100 of the Electoral Code was amended
to substitute the 5 percent quota with 15 percent.
Table 3 presents the legal dimensions of gender
equality in Armenia.
Table 3. The Legal Dimensions of Gender Equality in Armenia

Issue
Legal Provisions
Comments & Implications for Womens Rights
Constitutional Law
The Enabling Environment for Promoting Womens Rights in Armenia
1. Equality before law
Article 14.1 of the Constitution stipulates equality before the law and
proscribes discrimination on the basis of gender, race, skin color, ethnic
or social origin, and so forth.
2. Right to education
Article 39 of the Constitution guarantees the right to education for every

person. In addition, Article 6 of the Law on Education stipulates that the
Republic of Armenia ensures the right of education irrespective of
nationality, race, gender, language, religion, political and other views.
3. Right to health
Article 33.2 of the Constitution stipulates that every person has the right
to live in an environment that ensures good health and prosperity.
4. Right to employment
Article 32 of the Constitution stipulates that every person has the right of
freedom of choice of employment.
Enforcement of this provision remains weak. Women

comprise the majority (66%) of the unemployed
population. 16
Nationality and Citizenship

1. Civil status/right to
passport
The Law on Citizenship, Article 3, grants equal citizenship rights to both

men and women and allows them to retain their citizenship after marriage
and decide the citizenship of their children.
2. Nationality
Article 6 of the Law on Citizenship states that the marriage of an

Armenian citizen to a citizen of another country does not entail a change
of citizenship, nor does the change of citizenship by one spouse
automatically result in a similar change for the other spouse.
No special provision is found on gender differences

concerning the nationality of woman and man.
3. Right to vote
Article 30 of the Constitution guarantees universal suffrage to any citizen

of Armenia who is at least 18 years old.
According to the Decree of the Government of Armenia

concerning the Convention on the Standards of
Democratic Elections, Electoral Rights, and Freedoms in
the Member States of the CIS, Armenia undertook the
obligation to strive for creation of a legal, organizational,
and informational system of guarantees ensuring citizens
election rights and freedom during preparatory and
implementation stages of any type of elections, as well as
to carry out required legislative measures to guarantee
implementation of womens rights to vote and to run for
elected offices personally (through single-mandate or
Article 3 of the Electoral Code specifies that those citizens who have
electoral right, irrespective of nationality, race, gender, language,
religion, political or other views, etc., have the right to vote and be
elected. With respect to the above mentioned, any restriction of the
electoral right is prosecuted by the law.
6
Issue
Legal Provisions

proportional ballot) on fair and equal conditions with
men.
4. Eligibility to run for

elected office
The right to run for elected office and to participate in the governance of
state bodies at all levels is guaranteed by the Constitution (Article 30).
Article 100 of the Electoral Code specifies that the proportional lists of
candidates nominated to National Assembly should comprise 5% of
women nominees.
5. Nationality of children
The Law on Citizenship grants equal citizenship rights to both men and
women and allows them to retain their citizenship after marriage and to
decide the citizenship of their children (Article 6).
Personal Status
1. Legal age for marriage
Article 35 of the Constitution guarantees the right to marry to men and

women who reached legal age for marriage.
Article 10 (Clause 1) of the Family Code stipulates the legal age for
marriage as 17 for women and 18 for men.
2. Legal consent for

marriage
Article 1 of the Family Code states that while establishing marriage,

within marriage, and during divorce, women and men enjoy equal rights.
Article 10 of the same code states that marriage requires mutual
voluntary consent of woman and man. Legal regulation of family
relations is based on the free will of woman and man to establish a
matrimonial union and equality of rights of spouses in the family, as well
as on the principle of mutual respect in resolution of family issues, care
for their prosperity, primary protection of rights of disabled and minor
members of the family.
Clause 5 of Article 1 says any social, racial, national, language, and
religious restriction of rights of citizens while establishing marriage or
already in family relations is prohibited.
2. Divorce
According to Article 13 of the Family Code, marriage is terminated

through divorce based on written request of the spouses or one of the
Notwithstanding these provisions, womens political

participation remains low. Women comprise 5.3% of the
National Assembly. Local NGOs successfully lobbied for
raising the threshold to enhance womens representation
in the National Assembly. On May 19, 2005, Article 100
of the Electoral Code was amended. According to the
amendments in Clause 2, 5% quota was substituted
with 15%. Moreover, the amendments require placing
women nominees at least on every 10th place of the
proportional list.
Issue
Legal Provisions
spouses, and marriage is terminated by the court on the basis of written

request of the custodian of the disabled spouse. The same Article
precludes a man from submitting a request for divorce without his wifes
consent during her pregnancy.
In case of mutual consent of both spouses on dissolution of their

marriage, divorce is carried out in the Civil Registry Offices; Dissolution
of marriage is done at Civil Registry Offices on the basis of a written
request of one of the spouses if the other spouse a) is recognized missing,
b) was recognized incapable by the court, or c) has been sentenced to
serve at a penitentiary institution for at least three years; Disagreements
concerning division of common property of the spouses, provisions for
living conditions to incapable vulnerable spouse, as well as between
spouses arising because of the children are resolved according to court
procedure (Article 15).
3. Adoption
The Family Code does not contain any gender-specific provisions

concerning the rights of women and men to adopt a child.
4. Child custody
Article 77 of the Family Code states that spouses must economically

support each other. According to Article 77 of the Family Code, a
woman during pregnancy, as well as a parent taking care of a child under
three years of age, have the right to request alimony through court
proceeding.
5. Property rights
According to Article 31 of the Constitution, every person has the right to

have, use, manage, and bestow their property at their own discretion.
6. Inheritance rights
According to the Civil Code, women and men enjoy equal inheritance
rights.
No gender-related provision is specified in the Chapter on

Child Custody of the Family Code. However, women
usually get preferential treatment in custody disputes.
In reality, men and boys enjoy a preferential inheritance

regime. Customary law often takes precedence in issues
concerning inheritance rights.
Participation in the Economy

1. Entrepreneurship
Article 33.1 of the Constitution grants every person the right to engage in
entrepreneurial activities.
The level of womens entrepreneurial activities remains

low in Armenia. Decree of the Government of Armenia
on The National Action Plan on Improving the Status of
Women and Enhancing Their Role in Society, 2004
2010, addressed this issue by calling for the development
of small entrepreneurship for women by organizing
business training programs in various sectors of
8
Issue
Legal Provisions

economy.
2. Access to credit
While there is no specific legislation, the Decree of the

Government of Armenia on The National Action Plan on
Improving the Status of Women and Enhancing Their
Role in Society, 20042010, calls for the implementation
of micro-credit programs provided to assist in the
development of womens small and medium business.
Labor Laws
1. Right to Work
Article 32 of the Constitution states that every citizen has the right to
freely choose employment, to a just wage no lower than the minimum set
by the state, and the right to work in conditions that meet safety and
health requirements.
Enforcement of the access to labor markets remains

weak, as women comprise 66% of the unemployed
population.
Article 3 of the Labor Code grants equality in labor relations irrespective

of gender, race, nationality, language, ethnic origin, citizenship, social
status and religion.
2. Equal Remuneration
Article 180 of the Labor Code states that equal criteria of qualification
should be applied both to men and women and the system of criteria of
qualification should be made in a way to avoid gender discrimination.
Article 178 of the Labor Code says equal remuneration shall be
guaranteed to women and men for the same or similar work.
Article 7 of the Law on Remuneration specifies it is forbidden to
discriminate with respect to remuneration irrespective of nationality,
citizenship, race, gender, age, language, religion.
3. Pregnancy, maternity,
and paternity
Article 117 of Labor Code prohibits the termination of the employment

contract with pregnant women until one month after pregnancy and
delivery vacation. The same Article also prohibits the termination of the
employment contracts with employees who take care of a child up to the
age of one year.
Article 156 of the Criminal Code says the refusal without grounds to hire
a pregnant woman citing pregnancy or a person with a child under three
years of age is punished with a fine in the amount of 200 to 500 minimal
salaries, or 120180 hours of public labor, or arrest and imprisonment for
up to one month.
Enforcement of the legislation concerning equal

remuneration is problematic. Women earn on average
30% less than men.
Issue
4. Maternity leave
Legal Provisions
Article 35 of the Constitution states that any working woman has the
right to paid leave during pregnancy and delivery, as well as the right to
paid leave for care of a newborn baby or for an adopted child.
According to Article 172 of the Labor Code, working women are
provided with fully paid pregnancy and delivery vacation, in the amount
of 140 total days (70 days for pregnancy and 70 days for delivery).
The Labor Code also provides for additional paid time for breastfeeding
women (Article 258).
5. Child care
Article 173 of the Labor Code says that a member of a family who takes
care of a child less than three years of age is entitled to leave for child
care until the child is three years old. Leave can be taken either all at
once or part by part. Clause 2 of the same Article stipulates that the
employee shall retain their position while on leave for child care
purposes.
The generous vacation term (up to three years) is

considered an impediment to womens labor force
participation.
Article 141 (Clause 3) of the Labor Code says that pregnant women and
employees who have children under one year of age are given the right to
work on less than a full working day schedule.
6. Prohibited industries
Article 258 of the Labor code prohibits involving pregnant women and
women taking care of a child less than one year of age with work
conditions that are harmful and dangerous to the health of the mother and
the child.
In addition, the Government has adopted decrees limiting or restricting
womens employment in numerous sectors (such as high mountainous
conditions; dealing with pesticides or other harmful substances).
7. Night work/overtime
Article 144 of the Labor Code says a pregnant woman and employee who
takes care of a child aged less than one year old can be asked to do
overtime work only by their consent.
Article 149 of the Labor Code states that a pregnant woman and
employee who takes care of a child aged less than three years old can be
moved into shifts at home or an organization only with their consent.
8. Retirement & pension
According to Article 2 of the Law on State Pension, the right to pension

is guaranteed irrespective of nationality, race, gender, language, religion,
political or other views, social origin, property, or other circumstances.
Article 12 of the Law on State Pension states that the right to retirement
The legislation concerning womens employment in

prohibitive industries is considered to be overprotective.
Introduction of a workmans compensation system might
help to ease some limitations for womens engagement in
certain industries.
10
Issue
Legal Provisions
benefits is given to any person over 63 if the person has 25 years of

insured working experience. The same law provides for an early
retirement schedule for women and men who possess a shorter
employment history or worked in certain sectors (such as culture and
education or civil aviation), as well as for men and women engaged in
the prohibited industries.
9. Social security and
other benefits
The Law on Social Protection of Population does not provide genderspecific provisions concerning social security entitlements.
10. Income tax
Article 13 of the Law on Personal Income Tax stipulates that in

calculating the taxable income, gross income shall be reduced by an
amount not exceeding 5% of taxable income, of donation (in cash and/or
kinds), or price of services to a number of organizations, including
organizations for human, women, children, and old peoples rights
protection purposes.
Reproductive Health
1. Reproductive health
Article 4 of the Law on Reproductive Rights and Reproductive Health

stipulates that every human being has vital sexual and reproductive rights
according to the Constitution and laws of the Republic of Armenia and
international agreements signed by Armenia.
Enforcement of the provisions of the Law on

Reproductive Rights and Reproductive Health remain
weak. According to the World Bank survey, 7.4% of
deliveries had no antenatal care, and care in rural areas
was only 37% of the figure for urban areas. At the same
time, 14.6% of rural deliveries were conducted at home
compared to only 1.2% of urban deliveries. 17
Article 6 of the same law establishes the state protection of motherhood

and childhood, grants women the right of safe motherhood, and
necessitates womens or her family members consent in case of any
medical interventions during the pregnancy, except for emergency
situations. Clause 6 of the same article states that a woman has the right
to enjoy free medical services connected with pregnancy and delivery in
the framework of the state-targeted health care programs.
Many women do not have control of their health care

decisions (20% of married women report that their
husbands make decisions about their health). There are
no mental health facilities in rural areas. 18
2. Contraception

states that every woman has the right to enjoy safe maternity and the
right to use effective contraceptive methods to avoid unwanted
pregnancy and artificial termination of pregnancy.
Notwithstanding the provisions of the Law on

Reproductive Rights and Reproductive Health, the
number of abortions remains high, and education
concerning reproductive health and contraception is low.
3. Abortion

grants a woman the right to terminate a pregnancy of up to 12 weeks.
Later-term pregnancies can be terminated if supported by a medical
statement with the womans consent. The same law requires parental or
Abortion remains the dominant contraception method in

Armenia. According to the 2000 DHS survey, about 38%
of pregnancies result in live births and 55% in
abortions. 19
Issue
Legal Provisions
guardian consent for the artificial termination of pregnancy of minors.

According to the same law, the medical institution shall provide women
with free medical consultation concerning safe and effective use of other
contraception methods before and after artificial termination of
pregnancy.
Article 122 of the Criminal Code prohibits illegal abortions both for
persons with and without appropriate medical training. Clause 3 of the
same Article states that if the illegally performed abortion resulted in the
death of the woman or inflicted grave damage to her health by
negligence, or if the abortion as performed by a person previously
convicted for illegal abortion, the convicted person is punished with
imprisonment for up to five years and deprived of the right to hold
certain positions and practice certain activities for a term of up to three
years.
4. Sterilization

grants adults of at least 18 years of age the right to receive voluntary
sterilization at a medical institution.
5. HIV/AIDS
Willful or other intentional infection of another person with AIDS is

criminalized in Article 123 of the Criminal Code and provides for a
three- to eight-year prison term.
Penal Code Provisions on Personal Safety

1. Human trafficking
Article 132 of the Criminal Code prohibits recruitment, transportation,

transfer, harboring, or receipt of persons for the purpose of sexual
exploitation or forced labor, by means of the threat or use of force, of
fraud, of using the dependence, of blackmail, and of threat of destruction
or damage to property, if this was done for mercenary purposes.
Institutional arrangements for and enforcement of antihuman trafficking legislation remain weak. Armenia is
recognized by the State Department as a country of
origin. The main destinations for trafficked persons are
Turkey, Greece, Syria, and the United Arab Emirates.
Article 168 envisaged harsher punishment for child trafficking.

2. Sexual Crimes
According to the Criminal Code, punishment for rape shall be 3 to 6

years imprisonment. If the rape is committed by a group of persons or
under other aggravated circumstances, it is punished with imprisonment
for the term of 4 to 10 years (Articles 138, 139).
Rape of a minor is punished with an 8- to 15-year prison term.
The Criminal Code (Article 139) stipulates special provisions for
Institutional arrangements to deal with sexual crimes

remain insufficient. The law enforcement lacks training
concerning the issue of sexual crimes as well as a specific
department dealing with rape cases.
11
12
Issue
Legal Provisions
homosexual or lesbian rape. This type of rape is punishable by an

imprisonment term of three of six years.
Article 141 of the Criminal Code envisages prohibition to engage in
sexual intercourse with a minor under the age of 16.
Article 142 proscribes commitment of lecherous sexual acts with minors
less than 16 years of age.
3. Sexual harassment
Article 221 of the Labor Code says that sexually harassing coworkers,
subordinates, or beneficiaries is a gross violation of labor discipline and a
violation of the equal rights of women and men. .
Employees and employers lack knowledge concerning

workplace sexual harassment. There are no institutional
or procedural remedies to address harassment-related
grievances. Fearing retaliation, women usually do not
take action against the sexual harassment.
4. Violence against
women
Article 148 of the Criminal Code stipulates that the direct or indirect
violation of citizens human rights and freedoms based on nationality,
race, sex, language, religion, political and other views, social origin,
property and other status, and which harms a persons legal interests, is
punished with a fine in the amount of 200 to 400 times the minimal
salary or with imprisonment for a term of up to two years.
Many cases of domestic violence and violence against

women go unreported and unpunished due to the
prevalence of traditional values forbidding disclosure of
family affairs to the public. Forty-five percent of
Armenian women suffer violence perpetrated by a family
member. 20
Policy and Institutional Issues

1. Participation of women
Article 30 of the Constitution guarantees universal suffrage to citizens of

Armenia who have reached 18 years of age.
Article 3 of the Electoral Code guarantees the right to elect and be
elected irrespective of nationality, race, gender, language, religion,
political or other views, social origin, property, or other issues. The
article also prohibits imposing any restriction on exercising electoral
rights.
2. Enforcement of gendersensitive laws
The Decree of the Government of Armenia on National Plan of Action

for Improving the Status of Women and Enhancing Their Role in
Society, 20042010, among other measures, envisages carrying out
institutional reform aimed at creating the appropriate government
institution to deal with issues concerning gender equality and protection
of womens rights.
Womens participation at all levels of government

remains low. Women are active in the NGO sector. At
present, there are about 60 registered womens
organizations working on different womens issues.
Legislation lacks implementation provisions. The Decree

of Government of April 15, 1998, as well as the National
Action Plan on Improvement of Womens Status and
Enhancing their Role in Society for 19982000 was
largely unrealized due to insufficient funding. There is
concern that the National Action Plan for the years 2004
2010 will also fall short for similar reasons.
The Institutional Framework

for Protection of Womens
Rights
The Department of Womens and Childrens Issues, a
unit created within the Ministry of Social Security in
1997, and the Mother and Child Health Protection
Division of the Ministry of Health have
responsibilities for womens issues. In 1997, the
Prime Minister issued a decree concerning creation of
a committee to carry out the 19982000 Gender
Policy Development Program. This was a three-year
program designed to improve the status of women. It
was not fully implemented owing to insufficient
resource allocation.
In 2000, the Womens Council was created
under the auspices of the Prime Minister, which is a
voluntary consultative body. In 2002, a Deputy
Minister was appointed at the Ministry of Social
Security who is authorized to coordinate activities
addressing womens issues. However, all these bodies
deal mainly with issues related to social, health, and
employment sectors. Interviews with many womens
organizations in Armenia indicated that the high
turnover rate for this position does not provide for
continuity of policies and initiatives. 21 The
representatives of womens organizations also
expressed the need to create a special cabinet-level
position to ensure protection of equal rights for both
women and men. 22 The National Action Plan on
Improving the Status of Women and Enhancing Their
Role in Society for 20042010, adopted by the
Government of Armenia in April 2004, envisages
creation of such a position.
Enabling a Governance
Environment for Civil Society
Organizations
Given insufficient institutional arrangements to deal
with womens rights issues, the role of civil society
organization becomes more prominent. There are
more than 3,000 registered CSOs in Armenia; 60 of
these are womens organizations working nationwide.
Twelve of the 60 womens organizations are active.
Armenian womens rights organizations operate
within the framework of legislation concerning
NGOs. According to the Armenian Constitution, all
citizens have the right to create an association, trade
union, or political party, and to be a member thereof.
Limitations are placed only on police officers and
those serving in the military. No one can be forced to
become a member of an association. 23 Freedom of

association may be restricted in case of an imminent
threat to state security or the security of citizens, or in
the event of an attempt to overthrow a legitimate
government. It may also be restricted during a state of
emergency or when a curfew has been imposed under
martial law. 24
The Armenian legislation prescribes two legal
organizational types of NGOs: foundations and
associations.
A foundation is a noncommercial
organization, which is established based on
voluntary contributions of property on behalf
of citizens and/or legal persons, and which
does not have members and pursues social,
charitable, cultural, educational, scientific,
public health, environmental, or other public
benefit goals. 25
An association is a type of public
organization that does not pursue the
acquisition or distribution of profit among its
members. The members form the
organization based on their common interests
for protecting their and other persons rights
and interests, for providing material and
nonmaterial assistance to certain groups, and
for carrying out other activities for the public
benefit. 26 Most organizations working in the
area of womens rights protection are
registered as associations.
Armenian legislation requires the NGOs to
register in order to enjoy rights and bear the
responsibilities of a legal entity. Non-registration is
not considered an impediment to exercising the
freedom of association right. The existence of nonregistered entities is envisaged in legislation.
Registration involves an appropriate application to the
Ministry of Justice for a fee of 10,000 drams (about
US$20). 27 All registered NGOs are entered into a
centralized state registry within the Ministry of
Justice. Information on the registration procedure is
publicly available and all requirements are contained
in the Law on NGOs. An NGO may be denied
registration if the requirements of the Law on NGOs
are not met or if any of the provisions in the
organizations charter contradict the Constitution.
Reasons for the denial of requests shall be provided in
writing.
A registered NGO may open branch offices. The
Law on NGOs does not contain any requirements for
re-registration of NGOs. However, any changes to the
organizations charter or name should be duly
registered. 28 The right of appeal of NGOs is as
follows: Upon denial of registration, an NGO has the
13
right to resubmit its application and supporting

documents for registration. A negative decision may
be appealed to a court. 29
Financial viability is one of the most difficult
challenges that NGOs in Armenia face. The
international donor community remains the main
source of financial resources for the NGOs. There are
two aspects of financial sustainability: taxation and
fundraising.
Two main authorized bodies review applications
for financial and other benefits: the Authorized State
14
Body of the Government of the Republic of Armenia

and the State Committee on Coordination of Charity
Programs. 30 All NGOs have the right to receive
foreign funding. The law does not prescribe any
particular mechanism for receiving foreign funding.
There is no law on grants. The main exemption that
NGOs can benefit from is the value-added tax (VAT).
Several major donor organizations have concluded
memoranda of understanding with the Armenian
government that foresee VAT exemptions for NGOs
implementing programs with the financial support of
the international donor organizations.
2
Promoting Womens Rights in Azerbaijan

Gender Equality
Indicators of access to education show that several
challenges remain to be addressed (Table 4). While
survey data show no significant differences in male
female enrollment rates for basic education, there is a
gender gap in secondary enrollment. In higher
education, 46 percent of students in higher education
institutions, 30 percent of postgraduate students, and
22 percent of students are working for doctoral
degrees. 31 The withdrawal of girls from school after
completing primary school in refugee and IDP camps
has increased significantly. 32
Similarly, indicators of access to reproductive
and health services confirm remaining challenges
toward meeting the Millennium Development Goals
(MDG) for maternal health. Abortion rates are very
high, at 269 per 1,000 live births in 1998, an increase
of 38 percent as a proportion of live births since 1997.
Survey data confirm particularly low rates of
knowledge (83 percent) or usage (12 percent) of
modern contraceptives among women. 33 Reported
cases of HIV/AIDS among 15- to 24-year-old females
increased from 2 in 1994 to 128 in 2001. 34

Development: Azerbaijan
Human capital development dimension for
Azerbaijan
Access to education
Ratio of female-to-male enrollment in
secondary education (2002)
Annual growth rate of the female-to-male ratio
in education (19902002)
Boygirl gap in primary completion rate
(2003)
0.96
0.24
3.0

staff (2000)
84.1
55.4
26.4
Source: World Bank.

According to 1999 census data, labor participation
rates were 78.2 percent for men and 65.7 percent for
15
women of working age, while unemployment rates

were 10.9 percent for men and 11.8 percent for
women of working age. 35 In 2000, 45.7 percent of
employees were women. Womens employment is
concentrated in lower-paying sectors of the economy,
such as agriculture (48.5 percent) and social services.
In the health sector, 70.2 percent of the employed are
women, while in the education sector, the percentage
is 67.9. 36 Women are rarely promoted to leadership
positions in the health care and education sectors (in
2002, 72 percent of the directors and deputies in
educational institutions were men). 37 Table 5 gives
examples of indicators of access to economic and
productive resources.
Productive Resources: Azerbaijan
resources for Azerbaijan
Female-to-male labor force participation ratio
(2003)
0.91

labor force participation (19902003)
0.37
Source: World Bank.
Official gender statistics regarding privatization

are not available. Unofficial sources estimate that
women became owners in 10 percent of privatization
cases. 38 Women hold proprietary interest in 7 percent
of newly registered medium enterprises. According to
the United Nations Development Program (UNDP),
limited participation in privatization is partially
explained by the 86 percent response from women
that attribute their lack of capital, knowledge, and
16
skills as reasons for their relatively limited interest in

setting up private businesses. 39 The average wages of
female employees are lower than those of men in all
sectors. 40 For example, womens wages as a
percentage of mens range from 54 percent in the
public health and social work sector to 72 percent in
education and 85 percent in communications. 41 There
was a negative migration balance from 1990 to 1999,
mainly due to the out-migration of working-age
men. 42

for Gender Equality
Although there is no specific law guaranteeing
equality between men and women, the Parliament of
Azerbaijan has completed a first reading of the draft
law on State Guarantees for Equality between men
and women. In recent years, violence against women
has been recognized as one of the significant
problems in the country. One of the important steps
toward prevention of this problem was amendments
to the Criminal Code of Azerbaijan. Another problem
for women is human trafficking, which constitutes a
violation of human rights. Consequently, articles on
trafficking in human beings, forced labor, and
dissemination of confidential information about
victims of trafficking have been added to the Criminal
Code, and the legislation on trafficking in human
beings has been brought into compliance with
international norms. Table 6 presents an overview of
the legal dimensions of gender equality in Azerbaijan,
with brief descriptions of the gender impacts of
several legislative provisions.
Table 6: Legal Dimensions of Gender Equality in Azerbaijan

Issue
Legal Provisions

Constitutional Law
1. Equality before
law
The Enabling Environment for Promoting Womens Rights in Azerbaijan
2. Right to
education
3. Right to health
4. Right to
employment
Article 25 of the Constitution:

Right to equality
I.
All people are equal in the eyes of the law and in a court of
law.
II. Men and women possess equal rights and liberties.
III. The state guarantees equality of rights and liberties to
everyone, irrespective of race, nationality, religion, language,
sex, origin, financial position, occupation, political
convictions, membership in political parties, trade unions, and
other public organizations. Rights and liberties of a person or
citizen cannot be restricted due to race, nationality, religion,
language, sex, origin, conviction, and political and social
belonging.
Article 42: Right to education
I.
Every citizen has the right to education. The state guarantees
free obligatory secondary education. The system of education
is under state control and the state guarantees continuation of
education for most gifted persons irrespective of their financial
position.
17
The state establishes minimum educational standards.

Article 41: Right to health protection
I.
Everyone has the right to protection of his or her health and to
medical care.
II. The state takes all necessary measures to develop all forms of
health services based on various forms of property, guarantees
sanitaryepidemiological safety, and creates possibilities for
various forms of medical insurance. Officials concealing facts
and cases that are dangerous to peoples life and health will
bear legal responsibility.
Article 35: Right to work
I.
Labor is the basis of personal and public prosperity.
II. Everyone has the right to independently choose, based on his
or her abilities, their type of activity, profession, occupation,
and place of work. Nobody can be forced to work. Labor
agreements are concluded voluntarily. Nobody can be forced to
conclude a labor agreement. Based on the decisions of the law
There is no special separate law on gender equality between men and

women. However, recently the Parliament of Azerbaijan has passed
through a first reading of the draft law on state guarantees for equality
between men and women.
In many spheres in which inequalities between men and women are
identified, Azerbaijans traditional or Eastern culture is used as an
explanation and even a justification for continued inequality. For
example, both men and women often express approval of the notion
that women should not work outside the home or that preferences
should be given to men in employment because the man should be the
breadwinner in the family.
The limited number of regional higher education institutions presents
limited opportunities, especially for young women, because of the
travel required. One Baku university graduate explained that her
family would never permit her to study abroad because of what the
neighbors might say.
Discrimination against women in hiring and promotion is widely

reported. Statistical data reveals significant gender segregation in the
public and private sectors, with the private sector increasingly
becoming a male domain. Since womens employment rates in the
public sector are considerably lower than mens overall, the public
sector is still the largest employer of women, employing 32.3% of the
total number of working women in 2004.
18
Issue
1.Civil
status/right to
passport
2. Nationality
3. Right to vote
4. Eligibility to
run for elected
office
Legal Provisions
court, there might be allowable cases of forced labor, with the
terms and conditions being specified by legislation; forced
labor may be permissible due to orders of authorized persons
during the term of army service, a state of emergency, or
martial law. Everyone has the right to work in safe and healthy
conditions, to get remuneration for his or her work without any
discrimination, and receive not less than minimum wages rate
established by the state. Unemployed persons have the right to
receive social allowances from the state.
According to the Civil Code of the Azerbaijan Republic, the
possibility for citizens to obtain civil rights by their actions and to
undertake civil responsibilities (also known as civil capability)
occurs from the moment of attaining majority onlyfrom the age of
eighteen (18) years. Article 3 of the Law on Entry and exit and
passports states that a passport of a citizen of the Azerbaijan
Republic is a uniform document identifying a citizen person outside
of the Azerbaijan Republic, and is issued to give him or her the right
of exit from and entry into the country.
Children born of a marriage of an IDP woman and a non-IDP man do
Article 3. Equal Citizenship:
Citizenship of the Azerbaijan Republic shall be equal for everyone
not acquire IDP status, whereas in cases where an IDP man marries a
regardless of the basis for acquiring such citizenship. The rights,
non-IDP woman, their children automatically receive IDP status. This
freedoms, and obligations of the citizens of the Azerbaijan Republic
is because the head of the family is usually considered to be a man.
shall be equal regardless of their origin, social and property status,
Another interesting fact is that if an IDP woman divorces her husband,
race and nationality, sex, educational background, language,
then her children acquire IDP status. That is because a divorced
religious views, political and other convictions, the type and nature
woman with children is considered the head of the family.
of employment, place of residence and time lived in such place of
residence, as well as of other factors.
Election Code:
Article 4. Equal Suffrage states that citizens shall participate in
elections and referendum on equal terms, each citizen shall have a
single vote during each voting period, and any vote of citizens shall
have equal validity.
Article 12. Every citizen of the Republic of Azerbaijan who has
attained the age of 18 years by the day of Parliamentary, Presidential,
and Municipal elections and referenda has the right to vote.
Women are only nominally involved in the political parties, reducing
Article 13 of the Election Code:
Every citizen, having active suffrage, shall have the right to initiate a the likelihood of women candidates being put on party lists (and high
referendum campaign group, and to be elected as a deputy to Milli
enough on the list to be elected). Many women activists are again
Majlis (Parliament), or President or a member of municipality (which calling for a quota system to increase the representation of women in
Issue
5. Nationality of
children
1. Legal age for

marriage
Legal Provisions
is considered passive suffrage) if he or she meets the requirements of
the Constitution of the Republic of Azerbaijan concerning candidates
for the Presidency, Milli Majlis, and municipality.
Article 13 of the Law on Citizenship:
The provision on citizenship of children of unknown parentage states
that a child living in the territory of the Azerbaijan Republic is a
citizen of the Azerbaijan Republic.
Personal Status
Article 10 of the Family Code:
After the age of 18, men are entitled to enter into a marriage, but
women are entitled to marry at the age of 17. In special cases
considered by the local executive bodies, the minimum eligible ages
for men can be 17, and for women 16.
2. Legal consent
for marriage

Marriage is registered by the State Registration of Citizens Acts
Department within one month of both sides having submitted the
application for marriage.
3. Divorce

Divorce is possible on the basis of the mutual agreement of the
executive power or on the basis of the complaint by one party. A
husband cannot file for divorce during his wifes pregnancy or within
one year after the birth of the child.
Adoption is possible only when it is in the interest of the juvenile.
One child can not be adopted by two persons (except husband and
wife). A husband can adopt a child of his wife (from a previous
union). Adoption of the child by foreigners is possible only in cases
where the adoption is not possible by citizens of Azerbaijan Republic
or the relatives of the child.
4. Adoption

elected office.
There is a problem with increasing cases of early marriages, which

constitute a violation of human rights. There is little concrete
information about their incidence because they are unregistered, and
therefore they are not recorded as part of any standard data collection
system. However, although there is no data on early marriages
disaggregated by regions, it is possible to hypothesize that the highest
rate of early marriages is present in the southern part of the country.
This practice is problematic for the girl because of health issues
associated with early pregnancy, the loss of educational opportunities
(ended with marriage), the lack of legal protections if marital
problems arise, and the power imbalance of a young woman in the
home of her new in-laws. The practice of cousin marriage is still
widespread in Azerbaijan. The issue of blood-related marriages was
even noted by President Aliyev in 1995. Anecdotally, several young
working women credited their ability to reject family pressure for a
cousin marriage to their living in cities and having good jobs.
The Ministry of Health and the Ministry of Education plays a role in

the adoption process. After an adoptive parent or family registers with
the Ministry of Foreign Affairs, an adoption request should be filed in
the Azerbaijani court in the district where the child resides. The court
will issue a preliminary decision, after which the file must be
submitted to the District Authority in the district where the child
resides, and then to the Cabinet of Ministers of the Government of
Azerbaijan. Once the approval of both governmental organs is
received, the case returns to the court for a final decision.
Source: www.immigration.gov.
19
20
Issue
5. Child custody
6. Property rights
Legal Provisions
Article 12 of the Law on the Rights of the Child and also Article 5
of the Law on Commission on Minors and the Protection of the
Rights of the Children:
Children are entitled to protection against any type of abuse or
physical, inhumane, and degrading treatment. Based on Article 133
of the Criminal Code of Azerbaijan, physical abuse or inhumane
treatment of children is cause for imprisonment for three to seven
years.
Article 152 of the Civil Code:
Property rights are the rights of subjects to the ownership,
possession, and disposal of property recognized and protected by the
state.
Property bought by husband and wife during their marriage is
considered to be their common joint property.
7. Inheritance
rights
1. Entrepreneurship
2. Access to
credit

There is no separate law on Juvenile Justice Administration, but the
special sections on juvenile justice in the Criminal Code and Criminal
Procedure Code provides favorable grounds for normal functioning of
the juvenile justice system in country, based on international
standards.
Women and men have equal rights to own and inherit land. During
land distribution, each household receives land based on the number
of adults in the household. As explained by rural families and bankers
alike, every member of the household is individually named at the
land registry. Thus, before property is transferred or used as collateral,
all family members must sign the documents. This system seems to
provide women with legally severable property rights. However, it is
not clear whether this is true in practice, or what the impact of
marriageand the fact that a woman moves to her husbands home
has on these rights.

The division of common property of husband and wife is possible
during the marriage or after divorce upon the request of one party.
The division of the property is also possible through mutual
agreement of spouses with approval of a notary. Disputes over the
division of property should be solved by the court.
The Presidential Decree of 1998, "On Strengthening of Women's There is no specific law that stimulates women to enter into
Role in Society," identified womens entrepreneurship activity as an entrepreneurship activity.
area urgently requiring increased government attention. At the same
Women are lagging behind in business ownership, except at the micro
time, the Presidential Decree established the State Committee on
level. The lack of growth from microenterprises to small and medium
Women's Issues. According to the Statute of the Committee, one of
businesses results in lost opportunities for economic growth in
the objectives of the Committee is to involve women in
Azerbaijan. The barriers to womens business development are not
entrepreneurship activity.
fully understood, although the lack of business experience, lack of
capital, family responsibilities, and the negative image of career
Article 3 of the National Action Plan approved by the President:
To adopt new laws and to conduct national enlightenment measures
women are among the causes mentioned.
to raise awareness of the professional skills of women in areas of
economic issues and entrepreneurship.
There is no specific law that gives state guarantees and special
Article 2 of the National Action Plan approved by the President:
For developing entrepreneurship among women, and to use state and conditions that could stimulate womens access to credit.
private bank systems, different international assistance foundations
Nevertheless, women are considered to be at least as good or a better
Issue
1. Right to work
2. Equal
remuneration
Legal Provisions
provide entrepreneurial women with free-from-guarantee, concession
able, long-term micro-credits.
Labor Laws
Section 9 of the Labor Code. Basic Employee Rights Related to
Employment Agreements:
Employees shall have the following basic rights relating to
employment agreements: to choose employment at a place of work
according to their calling, specialty, and profession; to ask the
employer to amend the terms of the employment contract or to
terminate it; to engage in activity for pay during working hours that
is not prohibited by law; to not impede fulfillment of the obligations
of parties to an employment contract; to work under conditions that
meet safety and health requirements; and to exercise the right to
demand such conditions and other basic rights.
Article 35 of the Constitution:
Article 35 establishes the right to work in safe and healthy conditions
and to receive remuneration for work without discrimination at a rate
that is not less than the minimum wage rate established by the state.
21
Section 16 of the Labor Code outlaws discrimination in labor

relations by stating that
1. During hiring or a change in or termination of employment, no
discrimination among employees shall be permitted on the
basis of citizenship, sex, race, nationality, language, place of
residence, economic standing, social origin, age, family
circumstances, religion, political views, affiliation with trade
unions or other public associations, professional standing,
beliefs, or other factors unrelated to the professional
qualifications, job performance, or professional skills of the
employees, nor shall it be permitted to establish privileges and
benefits or directly or indirectly limit rights on the basis of
these factors.
2. Concessions, privileges, and additional protection for women,
the handicapped, minors, and others in need of social
protection shall not be considered discrimination.
3. Employers or other physical persons that permit the
discrimination indicated in Subsection 1 of this Section shall

credit risk than men. The agricultural sector is dominated by family
businesses, and the gender implications are poorly understood. As
women are heavily involved in agriculture, there should be ample
opportunities to help them add value to their products and develop
some small businesses and cooperatives.
reported, especially in the new private sector. In certain categories of
work, such as secretarial and administrative, employers prefer young
womenboth because it is traditionally a womans job and lowpaying, and because those positions are given with an expectation of
male privilege (including sexual harassment).
Private companies are hiring more men and dismissing more women,
such as those in the oil industry, where nearly 4,000 women have lost
their relatively high-paying jobs. Many of the only job opportunities
available to women are undesirable low-paying or temporary jobs
under difficult or dangerous working conditions. The recent rise in
prostitution is seen as a result of the worsening of employment options
for women. Lack of economic opportunities also increases the risk of
women being vulnerable to trafficking.
Discrimination in employment creates an added risk to families, both
in loss or reduction of income as the major breadwinner or second
money earner in the family.
Source: USAID Azerbaijan, Gender Assessment.
22
Issue
2. Pregnancy,
maternity, and
paternity
3. Maternity
leave
4. Child care
Legal Provisions
bear the appropriate responsibility in the manner established by
the Legislation.
A person subject to the discrimination stipulated in Clause 1 of this
Section during his employment may seek recourse in a court of law.
Section 240. Specifics of signing of labor contracts with women
who are pregnant or have children under the age of three:
1. Refusing to sign a labor contract with a woman who is
pregnant or has a child under the age of three is prohibited by
law. This provision shall not apply to cases of refusal to hire
when employers do not have an appropriate work (position) or
possesses workplaces that do not permit hiring women and
involving them in work.
2. If an employer refuses to sign a labor contract with a woman
who is pregnant or has a child under the age of three, he must
explain to the woman in writing the reason behind this
decision.
Section 112. Types of leave:
1. Employees shall be entitled to the following types of leave: a)
vacation, b) social leave for maternity and child care, c)
educational and creative leave for continuing education and
pursuing scientific research, and d) unpaid leave.
2. Other types of leave may be specified by the employment
contractors collective contract.
Section 125. Pregnancy, maternal, and child care leave:
1. A woman shall be granted pregnancy and maternity leave of
126 days, starting seventy (70) calendar days prior to childbirth
and ending fifty-six (56) calendar days after childbirth. In the
event of abnormal or multiple births, women shall be granted
70 days leave after childbirth.
2. Women working in industry shall be granted the following
pregnancy and maternity leave benefits:
a) 140 calendar days for normal childbirth (70 days before
birth, 70 days after birth),
b) 156 calendar days in the event of abnormal birth (70
calendar days before birth, 86 days after birth), and
c) 180 calendar days in the event of multiple births (70 days
before birth, 110 calendar days after birth).
Section 126. Leave for women adopting children:
In Azerbaijani culture, marriage is synonymous with children, and a

new wife is expected to have the first child within the first year of
marriage. In most families, Azerbaijan women still carry the double
burden of family and economic responsibilities (especially food
cultivation and trading activities). According to sociological reports
and informant interviews, Azerbaijan men rarely take on even the
smallest share of household work or child-rearing responsibility.
There are no government subsidies for child care problems.
Issue
Legal Provisions
Women who have adopted children under two months of age or who
are raising them without adoption shall be entitled to the 56 calendar
days of social leave specified for after birth.
Section 244. Breaks for feeding of a child:

1. Women workers who have children under one-and-a-half years
old shall be given breaks for feeding (breastfeeding) of their
children, in addition to their regular lunch and rest breaks.
These additional breaks shall be at least 30 minutes and shall
be given every 3 hours. If a woman worker has two or more
children who are under one-and-a-half years old, the duration
of such breaks shall be at least one hour.
2. Breaks given for feeding are considered as work, and the
average salary of the worker stays the same.
3. Upon the womans request, the feeding breaks can be added up
to the regular lunch or rest breaks, or they can be taken at the
beginning of or at the end of a workday (shift). If the woman
wants to take her feeding breaks at the end of the workday, her
workday shall be shortened by the time equal to the total time
of the feeding breaks.
4. Prohibited
industries
Section 246. Benefits for employees who have to raise their child
without a mother:
All the labor-related benefits specified in this section of this law shall
also apply to all fathers, foster parents, or legal guardians who have
to raise the children alone and without the mother for a particular
reason (if the mother of the children has died, has been deprived
other motherhood rights, has to be away for therapy in medical
institutions, or has to spent time in jail).
Section 241 of the Labor Code. Jobs and workplaces where
women are prohibited from working:
1. Engaging women workers in labor-intensive jobs, in hazardous
workplaces, and in underground tunnels, mines, and other
underground works is prohibited.
2. In underground works involving leadership positions where
continuous physical work is not needed; in social work,
sanitation, and medical services jobs; or in cases involving
going underground and coming up without doing any physical
work, use of women workers is permitted.
3. Engaging women workers beyond the limits specified in this
This section of the Labor Code establishes the most far-reaching

protective labor provisions for women, which, in certain cases, may
end up restricting their ability to participate in the labor force and in
certain professions.
23
24
Issue
5. Night
work/overtime
1.Reproductive
health
Legal Provisions
Section for lifting or carrying of heavy items from one place to
another is prohibited.
4. Work duties of women workers can include manual lifting and
carrying of heavy objects only when their weight is within the
limits specified below:
a) along with performing other duties, lifting by hand and
carrying to another place objects with a total weight of no more
than 15 kilograms;
b) lifting to a height of more than one-and-a-half meters an
object that weighs no more than 10 kilograms;
c) lifting by hand and carrying to another place objects that
weigh no more than 10 kilograms during the entire workday
(work shift); and
d) Carrying objects by carts or other vehicles that would
require more than 15 kilograms of power to lift.
5. Assigning women workers who are pregnant or have children
less than three years of age in the jobs specified in this Section
is prohibited.
6. The list of hazardous and labor-intensive jobs, positions, or
professions, and underground jobs for which women workers
are not eligible is prepared by the related governors office.
Section 242. Limits to calling of women workers for night shift,
overtime, weekend jobs, or job-related travel:
1. Assigning women workers who are pregnant or have children
less than three years of age to work on a night shift, overtime,
weekend, a holiday, or a day which is not a workday, or
sending them on job-related travel is prohibited.
2. Calling of women workers who have children between the ages
of 3 and 14, or have handicapped children up to the age of 16
for work on a night shift, overtime, weekend, a holiday or on a
day which is not a workday, or sending them on job-related
travel is permitted only by their written consent.
Reproductive Health
There is no legislation dealing directly with reproductive health.
The practice of early marriage is problematic for girls because of
health issues associated with early pregnancy, the loss of educational
opportunities (which often end with marriage), the lack of legal
Article 17 of the Law on Health Protection of Population:
Article 17 addresses the rights of pregnant women and mothers to
protections in case of marital problems, and the power imbalance of a
health protection, and states that each woman, during the maternity,
young woman living in the home of her new in-laws.
birth, and after-birth period, should be provided with free specialized
The practice of cousin marriage is still widespread in Azerbaijan. The
medical treatment at the state health care institutions.
Issue
2. Contraception
Legal Provisions

issue of blood-related marriages was even noted by President Aliyev
in 1995. Anecdotally, several young working women credited their
ability to reject family pressure for a cousin marriage to their living in
cities and having good jobs.
There is no legislation directly dealing with contraception.
The law on health protection, Article 29 of the Law on Health

Protection of Population, addresses telegensis (embryo
implantation) and embedding.
3. Abortion
4. Sterilization
5. HIV/AIDS
1. Human
trafficking
Article 136 of the Criminal Code addresses illegal telegenesis,

embedding, and medical sterilization by stating that telegenesis or
embedding a woman or underage girl without her consent is
punishable by a fine of up to 1,000 times minimal salary, or
correctional labor and other penalties.
The use of abortion as the common form of birth control is a major
Article 30 of the Law on Health Protection of Population.
problem and seems to be on the rise. Moreover, population statistics
Induced abortion:
Women can have induced abortions at will up to the 12th week of
suggest that the use of sex-selective abortion and male preference in
pregnancy. According to social indicators, induced abortion can be
health care is a problem. In the 0- to 4-year-old age range, there are
conducted through the 22nd week of pregnancy provided it is
10% more boys than girls (38,000 missing girls), and the total
conducted by qualified physicians in public and nonpublic medical
difference for all 0- to 19-year-olds (the age when the numbers
institutions. The list of medical and social indications on induced
equalize) is 110,000 fewer girls (Azerbaijan State Statistic, 2002).
abortion is determined by the appropriate authority. Physicians are
prohibited from conducting induced abortions outside of a hospital
and other patient care institution.
Article 31 of the Law on Health Protection of Population.
Medical sterilization:
Medical sterilization is conducted on the basis of a written appeal by
the patient and shall be performed according to medical indications.
Persons guilty of illegal medical sterilization bear responsibility as
provided by the law.
The Law Against Spreading of HIV/AIDS, Article 5:
Every citizen of Azerbaijan Republic suffering from HIV/AIDS can
receive free ambulatory and hospital medical service. Each citizen,
foreigner, and person can elect for voluntarily HIV medical exam.
Law of the Republic of Azerbaijan on Fight Against Human
Note:
1. In this article exploitation of person means forced labor
Trafficking:
The law defines human trafficking as involving, obtaining, storing,
(service), sexual exploitation, slavery, customs like slavery and
25
26
Issue
Legal Provisions
concealing, transporting, delivering, or accepting people. Involving,
obtaining, storing, concealing, transporting, delivering, or accepting
children for exploitation purposes shall be considered human
trafficking (even if the means stipulated in this Article were not used
for exploitation purposes).
Additional provisions on trafficking are found in the new
amendments to the Criminal Code, which establishes penalties for
violations:
2. Sexual crimes
3. Sexual
harassment
Article 144-1 establishes a penalty of imprisonment for a period of

5 to 10 years, and expropriation for human trafficking.
316-1.1. Illegal collection or intentional dissemination of
information about a victim of trafficking is punishable by a fine of
100 to 500 conventional monetary units, up to 200 hours of public
works, or up to one year of correctional works.
316-1.2. The same actions committed by anyone accused of
abusing his or her authority is punishable by a fine of 500 to 1,000
conventional monetary units, up to one year of correctional works,
or up to six months imprisonment.
316-1.3. If the same actions cause serious consequences, they are
punishable by one to five years imprisonment.
Criminal Code of Azerbaijan Republic.
Article 108. Sexual Abuse:
Violence against a person, forced prostitution, forced sterilization, or
other deeds related to sexual abuse shall be punished by
imprisonment from 5 to 10 years or for life. In addition, the Criminal
Code establishes various penalties for the following sexual crimes:
Article 150: Violence of a Sexual Nature
Article 151: Force to Sexual Action
Article 152: Sexual Intercourse or Action with a Minor under 16
Article 171: Involvement of Minors in Prostitution or Bawd
Article 173: Trade in Minors
Article 243: Involvement in Prostitution
Article 244: Brothel Keeping
There is no any legislation directly dealing with sexual harassment.
2.

the dependent situation caused by them, illegal extraction of
human organs and tissues, illegal biomedical research on
people, using women as surrogate mothers, and attraction to this
illegal and criminal activity.
Consent of the victim for his or her exploitation, way of life, or
immoral behavior can not be considered extenuating
circumstances for the person accused of trafficking.
The National Action Plan on Anti-Human Trafficking was approved

by the President in 2004.
The ineffective work of law-enforcement bodies, a weak system of

state statistics, the deficient work of social institutions charged with
protecting victims of violence, and a disinclination to conduct public
discussion of the facts of violence, especially sexual violence, without
negative consequences for its victims, women, and girls, all put
pressure on women and girls to withhold information from lawenforcement bodies.
Sexual harassment issues are stipulated by the new draft law on State
Guarantees for Equality between men and women, which is expected
to be adopted in 2006.
Issue
4. Violence
against women
1. Participation of
women
Legal Provisions

reported, especially in the new private sector. In certain categories of
work, such as secretarial and administrative, employers prefer young
womenboth because it is traditionally a womans job and lowpaying, and because those positions are given with an expectation of
male privilege (including sexual harassment).
There are no specific laws on violence against women; however, the
Legislative, policy, and, most importantly, attitude changes will be
criminal and administrative codes have general provisions on assault necessary to combat the epidemic of domestic violence in Azerbaijan.
and battery.
Estimates on the percentage of women who have suffered verbal
abuse is 30%; physical abuse from 20 to 38%; and sexual abuse, 10%
(85% of which is marital rape) (USAID Reproductive Health report).
The National Plan of Action elaborated on the Beijing Strategies,
Decree of the President of the Republic of Azerbaijan of 14 January,
taking into consideration national priorities. The National Plan of
1998, On establishing of the State Committee for Women's Issues
Action covers the following issues:
of the Republic of Azerbaijan: The main goals and tasks of the
Committee are protecting womens rights and promoting womens
women and economics
participation in the social and political life of the country.
women and education
women and health
The Decree of the President of the Republic of Azerbaijan of 6
women and violence
March, 2000, On implementation of the state women policy in the
women and armed conflicts
Republic of Azerbaijan, envisages the insurance of equal
refugee and IDP women
representation of women and men in all state structures of the
women and mass media
Republic; providing for employment of refugee and internally
displaced women by preparing relevant state programs; and changing women and the environment
the female child
the legislation, taking into account gender aspects. Related to this
Decree is the Decision of the Cabinet of Ministers of the Republic of participation of women in state structures and in decision making
developing contacts with international women's organizations
Azerbaijan of 6 March, 2000, On the National Plan of Action on
women's issues of the Republic of Azerbaijan for 20002005.
In June 2000, the Cabinet of Ministers of the Republic of Azerbaijan
adopted the National Plan of Action on Womens Issues for 2000
2005. This program elaborated on the Beijing Strategies, taking into
consideration national priorities. The National Plan of Action
includes both the participation of state structures and NGOs. An
interagency group was established to implement the provisions of the
National Plan of Action.
27
28
Issue
2. Enforcement
of gendersensitive laws
Legal Provisions
The Presidential Decree on Strengthening the Gender Policy:
The purposes of this Presidential Decree are as follows:
Arrange the implementation of gender policy in state structures
and increase the representation of women in government at the
decision-making level.
Create gender-disaggregated statistical data.
Arrange legislative review with a view to making appropriate
amendments and changes to the existing laws and strengthening
the protection of womens rights.
Prepare and implement the program aimed at providing
employment opportunities for women refugees and IDPs.
The Cabinet of Ministers of the Republic of Azerbaijan was
authorized to provide the implementation of the Decree.
State Committee for Womens Issues:
The State Committee for Womens Issues (which has ministerial
status within government) was established by the Decree of the
President of the Republic of Azerbaijan dated 14 January, 1998. This
is the only government body responsible for implementing and
coordinating gender policy in Azerbaijan.

Gender focal points in state structures: Gender focal points were to
be addressed in all government structures, as well as in the executive
power institutions in all regions of Azerbaijan. For the moment,
gender focal points act in almost all structures. They were appointed
at the expert level, but in some ministries they act at the level of
Deputy Minister/Chair or Adviser to the Minister/Chair.
International documents: Since regaining its independence, the
Republic of Azerbaijan became party to almost all essential
international documents on the protection of women's rights. In
August 1992, the Republic of Azerbaijan signed the UN Convention
on the Political Rights of Women, and in 1995 became a party to the
UN Convention on the Elimination of All Forms of Discrimination
against Women.

for the Protection of Womens
Rights
The main government institution in Azerbaijan
dealing with womens issues is the State Committee
for Womens Issues. The Government of Azerbaijan
has also initiated the drafting of the Law on State
Guarantees for Equal Rights for Women and Men in
2003. The bill envisages that the Office of the
Ombudsmen will be authorized to investigate the
cases pertaining to gender-based discrimination. The
bill has been presented to the Parliament for
ratification. Civil society organizations in Azerbaijan
are the major actors in the area of womens rights
protection
and
advancement
of
economic
opportunities for women. According to government
data, 2,935 local NGOs operate in Azerbaijan. The
Ministry of Justice, the body responsible for
registering NGOs, has registered 1,769 of them, while
the remaining 962 NGOs exist without registration. 43
Creating an enabling
Organizations
The Constitution of Azerbaijan provides and
guarantees the right of assembly (Article 49). The
legislation of Azerbaijan provides for the two legal
organizational types of NGOs: foundations and public
organizations:
A foundation is a non-membership NGO that
is founded by several individuals and/or legal
entities on the basis of voluntary property
shares, and is aimed at social, charitable,
cultural, educational, and other public
activities. 44
A public organization is a voluntary, selfgoverned NGO that does not pursue and
distribute generated profit among its
members, and which is created upon
initiative of several individuals and/or legal
entities having common interests. 45
The Law on State Registration of Legal Entities
requires NGOs to register to undertake basic
activities, but the law is widely viewed as vague and
confusing. It is administered by the Ministry of
Justice. Registration is a key challenge for NGOs in
Azerbaijan, as applications are often rejected or
returned with the requirement to submit additional

documentation. The accession of Azerbaijan to the
Council of Europe in January 2001 was preceded by
government commitments to take steps to improve
the registration process. However, a new registration
law has not been adopted yet. The law on Public
Associations and Funds does not prescribe a
straightforward mechanism for NGO registration, nor
does it define the time frame that the authorities have
to register the NGO. The law on State Registration of
Legal Entities prescribes a 10-day period for the
registration. The law cites a violation of legal
procedure as a ground for refusal to register a legal
entity. The law also does not envisage the right to
appeal in case of non-registration of the
organization. 46
The most common problems that the NGOs
encounter during the process of registration are lack
of formal decision, denial decisions based on
requirements to submit additional documentation not
otherwise specified in the legislation, exceeding the
deadlines for registration or refusal to register,
additional criteria applied, unclear internal procedures
of the authorized registration body, and nonavailability of public information about NGO
registration. 47 The law shall provide for simplified
procedures for registration, as well as enable the
organizations to appeal government decisions. The
complicated registration process creates a corruptionprone environment not only in the government but
also in the NGO sector, as the registered NGOs allow
the non-registered ones to use their registration status
to apply for grants in exchange for financial
compensation. 48
The Law on NGOs allows the CSOs to carry out
any type of activity that is not prohibited by law and
does not contradict objectives in the organizations
charter. A contentious issue relates to work in public
policy activities, which are often seen as political
activity. The Law on NGOs states that NGOs may not
participate in presidential elections, parliamentary
elections, and elections of municipal bodies, or
provide political parties with financial and other kinds
of assistance. NGOs may participate in advocacy to
improve law and regulation. However, the risk of
activities being seen as political within legal
proscriptions limits some NGO activities. Economic
activities by NGOs are permitted if profits are used
only for NGO purposes. However, commercial
revenue is generally taxed.
29
The Tax Code provides an exemption from tax

for income of charitable organizations, other than
income from entrepreneurial activities, but does not
provide benefits related to other types of taxes or for
contributors. The Law on Grants permits foreign
funding and exempts grants from taxation, with the
exception of income taxes on staff salaries, but the
30
law is ambiguous. Amendments effective January 1,

2003 significantly increased NGO costs by requiring
contributions not previously required to the State
Social Security Fund (29 percent). In addition the
NGOs are required to register each grant that they
receive with the authorized executive body.
4
Promoting Womens Rights in Georgia

Gender Equality
Georgia has achieved gender parity in female
secondary enrollment (see Table 7). However, early
marriage leads to lower school completion for girls.
While health indicators are improving, new
challenges are emerging, including the rapid rise in
communicable diseases such as tuberculosis and
HIV/AIDS. 49
Development: Georgia
Female-to-male labor-force participation

ratio (2003)
labor-force participation (19902003)
Access to education
Boygirl gap in primary completion rate (2003)
1.01

0.84
0.47
Source: World Bank.

0.18
0.0

staff (2000)

Productive Resources: Georgia
resources dimension for Georgia
Human capital development dimension for

Georgia
Ratio of female-to-male enrollment in secondary

education (2002)
Annual growth rate of the female-to-male ratio in
education (19992002)
(17 percent compared with 13 percent for women in

2002). 50 Forty percent of rural women work unpaid in
family-based enterprises. 51 According to USAID,
women earn about 41 percent of mens salary. A
reduction in the number of preschool institutions and
disintegration of the system of out-of-school
institutions for children played a role in reducing
womens participation in full-time employment.
96.4
40.5
33.2
Source: World Bank.


for Gender Equality
Georgian legislation concerning womens legal rights
consists of the Constitution; Organic Law; the Penal,
Civil, Labor, and Unified Electoral Codes; and other
legislative acts and international law instruments.
Georgia signed and ratified CEDAW in 1994. Table 9
presents the legal dimensions of gender equality in
Georgia.
Female labor-force participation was lower than for

males (Table 8), but unemployment is higher for men
31
32
Table 9. Legal Dimensions of Gender Equality in Georgia

Issue
Legal Provisions

Constitutional Law
1.Equality before
law
Article 14 of the Constitution guarantees equality before the law

regardless of race; color; language; sex; religious, political, and other
opinions; national, ethnic, and social belonging; origin; property and
title; and place of residence.
There is no specific legislation or policy statements that

define discrimination against women or that regulate the
conduct of official or private institutions in the public or
domestic spheres.
Article 6 of the Organic Law on Courts of General Jurisdiction

stipulates equality before the law in judicial proceedings and in the
administration of justice.
There has been limited data gathering on promotion and

protection of rights of women partly because there are no
units within the State Departments of Statistics dealing with
the desegregation of official data on the basis of sex.
Article 142 of the Penal Code sets a penalty of 12 months correctional

labor or 24 months imprisonment for material infringement of human
rights on the basis of sex; religion; denomination; political or other
beliefs; national, ethnic, or social group; social affiliation; origin; and
place and circumstances of birth or property.
2. Right to
education
Article 35 of the Constitution guarantees the right to receive education

and the right to free choice of a form of education.
Enforcement of the right to education remains weak,

especially among rural populations and ethnic minorities.
3. Right to health
Article 37 of the Constitution guarantees the right to accessible

medical care through health insurance. Free medical care is provided in
accordance with a procedure proscribed by law.
Enforcement of these provisions remains weak, as is indicated

by lower health indicators for women as compared to men.
The 1997 Law on Health Care emphasizes the principles of the state
policy to include universal and equal access to medical care within the
framework of state-funded medical programs; and to assure the
protection of human rights and freedoms in the field of health care, as
well as the recognition of the patient's dignity, honor, and autonomy.
The law prohibits any discrimination against a patient on the basis of
race, color, sex, religious convictions, political and other views, ethnic
or social origin, economic condition or status, place of residence,
disease, sexual orientation, or negative personal attitudes. Access is
based on statistical evidence that women live longerfive to six years
more than men.
Issue
4. Right to
employment
Legal Provisions
Article 30 of the Constitution states that the protection of labor rights;
fair remuneration; safe, healthy working conditions; and the working
conditions of minors and women shall be determined by law.
Article 32 obligates the state to provide for employment opportunities
for the unemployed population.

The number of women working in the informal economy,
where formal constitutional protections can be enjoyed, is
high. According to the CEDAW Assessment Tool for
Georgia, 40% of rural women work without remuneration in
family-based enterprises. 52

The Enabling Environment for Promoting Womens Rights in Georgia
1.Civil status/right
to passport
2. Nationality
Article 14 of the law on The Procedure of Registration and Issuance

of Identity Cards for Citizens of Georgia and Foreign Subjects (the
Law on Citizenship hereafter) guarantees the right to hold an identity
card (passport) for every Georgian citizen of at least 16 years old.
Article 12 of the Constitution stipulates that Georgian citizenship shall
be acquired by birth and naturalization.
Article 4 of the Law on Citizenship declares that Georgian citizens
are equal before the law regardless of their origin, social or property
status, race or ethnic origin, sex, education, language, religion or
political beliefs, place of residence, activity, or other circumstances.
3. Right to vote
Article 28 of the Constitution stipulates that every citizen of Georgia

who has attained the age of 18 shall have the right to participate in
referenda or elections of state and self-government bodies. Free
expression of the will of electors shall be guaranteed.
There are no reported cases of gender-based discrimination

with regard to obtaining a passport or being deprived of the
civil status.
The Act does not contain any additional gender-based
conditions, restrictions, or requirements. Georgian citizenship
is granted to any person who concludes marriage with a
Georgian citizen, provided that the person has lived in
Georgia for at least three years and is familiar with Georgian
language and history.
Women voters are equally active both in urban and in rural
areas and have no impediments to exercising their voting
rights.
Article 4 of the Unified Electoral Code specifies that elections in

Georgia shall be held on the basis of universal, equal, and direct
suffrage, and by secret vote, and Article 5 guarantees active electoral
rights to every citizen of Georgia age 18 and older.
4. Eligibility to run
for elected office
Article 29 of the Constitution guarantees to every citizen of Georgia

the right to hold any state office if he or she meets the requirements
established by legislation.
Article 80 of the Unified Electoral Code guarantees the right to run
for the presidential election to every citizen aged over 35 years, subject
to a residency requirement of at least 15 years. Article 92 specifies that
any citizen of Georgia over 25 years of age who has permanently
resided in Georgia for at least 10 years and knows the Georgian
language, enjoys the right to a passive vote, and may be elected a
member of the parliament.
Recent statistics pertaining to womens participation in public

life, elected office, and decision-making positions are covered
in greater detail in the section below under Policy and
Institutional Issues.
33
34
Issue
Legal Provisions
Article 2 of the Organic Law on Local Self-Governance states that

Georgian citizens enjoy the right to elect and be elected in local selfgovernance bodies regardless of race, color, language, sex, religion,
political and other beliefs, national ethnic and social affiliations, origin,
property and social status, and place of residence.
5. Nationality of
children
A child born of parents who are Georgian citizens is guaranteed

Georgian citizenship (Law on Citizenship, Article 11).
Children may acquire the citizenship of either parent.
A child can also acquire Georgian citizenship if one of the parents is a

Georgian citizen regardless of that parents gender (Law on
Citizenship, Article 18).
Personal Status
1. Legal age for
marriage
Article 1108 of the Civil Code stipulates the legal age of marriage to
be 18 years. Clause 2 of the same article specifies that in exceptional
cases, marriage is allowed at the age of 16 years, subject to the
preliminary consent of the parents or other statutory representatives. If
the parents or other statutory representatives refuse consent, a court, on
the petition of the prospective spouses, may grant the permission,
provided there are legitimate reasons thereof.
While the average age for marriage is 25, there are still cases
of arranged marriages, especially in the rural areas, of people
who are younger than the legal marriage age.
2. Legal consent
for marriage
Article 36 of the Constitution states that marriage shall be based upon

equality of rights and free will of spouses.
Abduction for the purpose of marriage was traditionally

accepted in Georgia, but such cases are very rare at present.
There are cases of polygamy.
Article 1153 of the Civil Code prohibits discrimination when entering

into a marriage and in domestic relations on the basis of origin, social
and property status, racial and ethnic background, sex, education,
language, attitude toward religion, kind and nature of activities, place
of residence, and other factors.
Article 134 of the Penal Code punishes kidnapping for marriage by
up to three years imprisonment or up to one year of correctional labor.
Marriage by force is considered voided by the court upon application
of one (or both) spouses. Article 231 prohibits the practice of
polygamy and sets a punishment of up to one year imprisonment or
correctional labor.
3. Divorce
Article 1123 of the Civil Code specifies that during a wifes

pregnancy, and within one year of the birth of the child, the husband
has no right to petition for divorce without consent of the wife.
Despite these provisions, Georgian traditions that place high

value on family ties, and womens general lack of knowledge
concerning their legal rights and entitlements under the family
Issue
Legal Provisions
Divorce may be granted in the absence of one of the spouses, provided

he or she has a legitimate reason for nonappearance (Article 1124).
law sometimes pose impediments to their ability to effectively

take advantage of these rights.
Concurrent to issuing the decree of termination of marriage, the court

can determine the amount of spousal support (Article 1129) as well as
decide upon the division of communal property (Article 1130). Article
1133 grants the right to restore either spouses premarital name.
Enforcement of the court verdicts concerning spousal alimony

and custody remains weak.
4. Adoption
Article 1239 of the Civil Code provides that adoption shall be allowed
only for the welfare and interests of a minor child, when it is expected
that the relationship of parent and child will be created between the
adoptive parent and the adoptee. Consent of both parents is required
for adoption purposes (except when the child is born out of wedlock, in
which case the mothers consent only is sufficient).
5. Child custody
Article 1128 of the Civil Code stipulates that if the spouses do not
agree on the place of residence of the children and the expenses for
child support, the court shall be bound to determine which parent shall
be awarded the custody of which child, as well as which parent shall be
ordered to provide the child support and the amount thereof.
In child custody disputes, women have been treated more

favorably. The enforcement of the court decisions concerning
child support is often insufficient where fathers abandon their
families or leave the country in search of job opportunities.
6. Property rights
Article 21 of the Constitution guarantees the right to property and

inheritance to all persons on an equal basis.
Women can own land, residential or commercial real estate,

cars, and other property and, according to Georgian
legislation, women and men are equal before the law with
regard to property.
Article 1159 of the Civil Code specifies that spouses shall have equal
rights to communal property. Possession, use, and disposition of this
property shall be exercised by mutual agreement of the spouses.
7. Inheritance
rights
There are no discriminative provisions in the Civil Code of Georgia

dealing with inheritance issues. Women as family members and heirs
enjoy similar rights and possibilities as men.
Often, the customary law takes precedence, whereby boys are

awarded a more preferential inheritance regime.

1. Entrepreneurship
The Law on Entrepreneurship is gender-neutral; that is, the law does

not have specific provisions concerning womens entrepreneurial
activities. Nor does the law contain provisions aimed at facilitating
and/or stimulating entrepreneurial activities of women.
Womens representation in small businesses (for example,

shops, restaurants, and hotels) is similar to mens, but women
are less well represented in larger enterprises. Out of 341
small businesses in the agricultural and food processing
industries, 57 are owned by women. Women make up 48% of
banking sector employees and earn 92% of the average
salary. 53
35
36
Issue
2. Access to credit
Legal Provisions
Georgian legislation does not have special provisions concerning

womens access to credit.
Women have the right to independently apply for, and receive

financial resources (credit, loans).
Labor Laws
1.Right to work
Article 7 of the Law on Employment guarantees the right to work for

every citizen of Georgia regardless of race, ethnic origin, sex, religious
convictions, political beliefs, or property status. Article 7 also
guarantees social protection of unemployed persons.
According to the state Department of Statistics, in 2002

women accounted for 47.7% of the labor force. 35.9% of the
total female employed population above 15 years of age is
contractually employed and 64% are self-employed. Most
self-employed women work on family farms or business for
no remuneration.
2. Equal
remuneration
Labor is remunerated in accordance with the procedure and conditions

established by labor legislation. In this regard, all forms of
discrimination, including discrimination on the grounds of sex, are
prohibited.
According to the state Department of Statistics, average

wages of female employees in state-owned industries amount
to 55.1% of wages of male employees; in public institutions,
46%; in agriculture, 82.5%; in trade, 71.2%; in education,
72.6%; in healthcare, 71.8%; in consumer services, 51.7%;
and in self employment, 69.9%. Women usually obtain lower
positions and are not promoted as often as men are. Womens
remuneration is usually lower than that of men.
2. Pregnancy,
maternity and
paternity
Women who have been employed in a job for at least one year are
granted, at their request, leave with partial pay to care for a child up to
18 months of age. Working women with less than one year of service
receive allowances amounting to half of their salary. The father or
other relatives who actually take care of the child may avail
themselves, in full or in part, to a leave with partial pay and additional
unpaid leave to care for a child. Under the Labour Code, an employee
may be granted, at his or her request, short-term leave without pay to
attend to family matters, which includes caring for a sick child or other
family members.
3. Maternity leave
Article 161 of the Labor Code prohibits the dismissal of pregnant

women and women with children up to three years of age, and single
mothers with children of up to 14 years of age (or a disabled child up
to 16 years of age). The Labor Code provides for the following types
of maternity leaves: 70 calendar days before childbirth and 56 calendar
days after childbirth; leave for women who adopt newborn children;
infant-feeding breaks; and additional leave without pay for mothers
with children up three years of age.
Issue
4.Childcare
4. Prohibited
industries
Legal Provisions
Article 158 of the Labor Code allows reassignment of pregnant

women and women with children up to the age of 18 months to lighter
work.
The use of female labor in jobs with unhealthy or hazardous conditions Women often work under substandard labor conditions with
and jobs involving the lifting of weights that exceed the physiological no benefits and guarantees. The Georgian legislation does not
norm, as well as other hazardous occupations is prohibited.
have provisions concerning workmens compensation, and the
institutions concerning these matters do not exist in Georgia.
5. Night
work/overtime
Article 157 of the Labor Code imposes restrictions on night work,

overtime, and business travel for women.
The Labor Code proscribes many types of activities for

women. The overly protective nature of these provisions may
potentially limit womens participation in the labor market.
6. Retirement and
pension
From the age of 60, women who have worked for at least 20 years
have the right to retirement pension. Disability pensions and pensions
for the loss of a breadwinner are granted in cases where the disability
or death of the breadwinner was caused by a work-related injury or
illness, or a general illness or physical injury not related to work.
The Draft Labor Code introduced provisions attempting to

make uniform retirement age of men and women (65 years
old). These amendments caused serious protests in the
Georgian society. The prospects for the adoption of the Draft
Labor Code are questionable.
7. Social security
and other benefits
Georgias social security system provides for entitlements to workers

in accordance with procedures established by law.
These provisions for entitlements concerning social security

are gender neutral.
8. Income tax
According to Article 168 of the Tax Code favorable treatment for

personal income tax is granted to the following groups of individuals:
The gender-specific provisions of the income tax legislation

seem to favor women. For example, the legislation does not
envisage any concessions for a single father.
a) persons awarded the honorary title of Mother of Georgia

b) single mothers
c) persons who adopted a child, within one year from adoption
d) a person who has obtained a guardianship for upbringing a child
Reproductive Health
37
1.Reproductive
health
Article 141 of the Law on Health Care provides for the right of
artificial insemination. Article 143 allows in vitro fertilization.
Many health care services and facilities are inaccessible for

women, especially in rural areas.
2. Contraception
Article 136 of the Law on Health Care specifies that all citizens of
Georgia shall have the right to determine independently the number of
their children and the spacing between births. The state shall assure the
observance of human rights in the field of procreation. Furthermore, in
accordance with Article 137, the state shall provide medical and
genetic counselling, on a free and voluntary basis, for couples
preparing for marriage or who wish to have a child.
In 1997, the President issued a decree On the

Implementation of Measures for Strengthening Human
Rights that emphasized modern methods of contraception,
improving womens reproductive health, and an aggressive
educational campaign against abortion. Enforcement of this
Decree and other provisions remains weak, as Georgia has the
highest abortion rates among former Soviet Union countries.
3. Abortion
According to Article 129 of the Law on Health Care voluntary
Abortion is legal, remains the main form of birth control in
38
Issue
4. Sterilization
Legal Provisions
pregnancy termination may only be practiced by a licensed physician,

in an approved health establishment. Performing an illegal abortion is
punished by imprisonment for a period of up to five years. If a
physician performs an illegal abortion, he/she loses the right to practice
for a period of up to five years.
Georgia, and is the highest in the world. In 1999 the official

general abortion rate is 18, while the survey rate is 125 per
1,000 women of reproductive age (in rural and urban areas). 54
Article 139 of the Law on Health Care states that the protection of
women's health through the reduction of the number of abortions shall
be a priority task for the State.
There are no cases of forced sterilization reported.

Sterilization is not popular as a form of family planning or
birth control and is performed in rare cases only and due to
medical conditions.
5. HIV/AIDS
Abortion is not funded by the state. There is no fixed fee for

abortion and the prices vary from 25 to 40 GLE (USD 12.5020) depending on whether the clinic is state or private.
The main focus of Georgias state program for combating

AIDS is on prevention. The Public Health Care Department
and the National Centre on AIDS and Clinical Immunology
are implementing this program. The AIDS/HIV rate has risen
rapidly: 232 cases were reported in 2001, although the actual
number is thought to be about 2,000 cases. 55 According to the
U.S. State Department, in 2002 48 women and 252 men were
infected.

1. Human
trafficking
Article 17 of the Constitution prohibits torture, inhumane, brutal, or

degrading treatment or punishment.
Article 18 of the Constitution declares that the freedom of a person is
inviolable.
Article 1431 of the Penal Code sets prison terms for buying, selling,
or making other illicit transaction in relation to a human being as well
as recruitment, transfer, harboring, or receipt by means of coercion,
blackmail, or deception, for the purpose of exploitation. Other
provisions set penalties for actions committed by an organized group
that result in the death of a victim or are committed in relation to a
minor.
Women comprise 56% of irregular, illegal migration and

approximately 87% of the victims of trafficking. Greece, the
United States, and Turkey are the primary destination
countries. Georgia is also a transit country for trafficked
persons from Russia, Ukraine, and Armenia on their way to
Turkey. 56 On October 19, 2005, Georgia signed the Council
of Europe Convention on Action against Trafficking in
Human Beings. The Parliament has not ratified the
Convention yet.
In December of 2005, a new Plan of Action was adopted by
Presidential Decree that established an ad hoc Interagency
Commission against Trafficking under the auspices of the
National Security Council (NSC). The human rights unit of
the NSC is the government-wide antitrafficking focal point.
In 2005, the Ministry of Internal Affairs and trafficking unit
was reestablished with two branches, one in Tbilisi and one in
Batumi. The Department of Special Operations on Trafficking
Issue
Legal Provisions

and Illegal Migration with a staff of 50 is under
reorganization within the new Ministry of Police and Public
Safety.
2. Sexual crimes
Article 137 of the Penal Code defines rape as sexual intercourse by

force, threat of force, or by taking advantage of the victims
helplessness. It is punishable by imprisonment of three to seven years.
If the rape is committed repeatedly and/or under aggravating
circumstances, it is punishable by imprisonment of 5 to 10 years.
Rape is punishable by imprisonment of 5 to 15 years if it is committed

by a group of persons under aggravating circumstances in relation to a
pregnant woman, or inflicted death on a victim.
The rape of a minor is punishable by imprisonment of 10 to 20 years.
Article 138 establishes a penalty for forcing a person to engage in
violent acts of sexual nature.
Due to the traditional nature of the Georgian society, many

cases of rape usually go unreported. There are no mechanisms
and institutions for the protection of the victim rights; victims
of rape are usually stigmatized by the society. The police and
prosecutors offices lack specialized departments as well as
training concerning rape and other sexual crimes.
Marital rape is not acknowledged in Georgian legislation.
Article 137 of the Penal Code allows for a rather broad
definition of rape which includes marital rape.
There are no legal provisions concerning incest.
The Penal Code criminalizes both hetero- and homosexual intercourse

with a person less than 16 years of age. (Article 140), and performing
lecherous sexual acts with a person under 16 years of age (Article
141).
3. Sexual
harassment
There are no provisions in Georgian legislation concerning sexual

harassment.
Sexual harassment and violence against women in the

workplace often is not reported.
4. Violence against
women
No specific provisions specifically relate to violence against women.
There are no laws that specifically criminalize spousal abuse

or violence against women. Often, the cases of spousal abuse
go unreported or unpunished because of societal taboos
precluding women from publicly disclosing family matters.
Public opinion is against interfering in cases of physical
violence in the family and takes the view that it is the familys
responsibility to resolve such matters. Women are reluctant to
leave humiliating and abusive relationships for many reasons.
Societys negative attitude towards divorced women,
economic dependence, and the lack of protection are all
determining factors in making their decision.
Provisions in Articles 117 and 118 of the Penal Code relating to

general acts against health and life of person are applicable in cases of
domestic violence.
39
1. Participation of
women
Georgian legislation contains no specific provisions aimed at

facilitating womens political participation. The provisions of the
Womens representation in the 2004 Parliament increased

from 7.2% to 9.5%. The speaker of the Georgian Parliament
40
Issue
Legal Provisions
Constitution, Unified Electoral Code, and Organic Law apply.

is a woman. The majority faction in the Parliament is chaired
by a woman as well, and 2 out of 13 parliamentary
committees are chaired by women.
In the 2005 3 out of the 17 cabinet members were women
compared with 2 women in the previous government (11%).
Women are less visible in important decision-making
positions. According to 2005 data, local government bodies
have only 12.2% of women in local government bodies. There
are no female city-mayors and women constitute 7% of heads
of local government and self-government bodies. Women
make up 55.8% of the government Chancellery staff, 9.5% of
the parliamentarians, and 60.8% of parliamentary staff.
Women are very active in CSOs. Prior to the Beijing
conference, there were 34 womens NGOs in Georgia; the
number now exceeds 180.
At the university level, women represent 45% of the faculty.
There are three female and 36 male rectors of higher
educational institutions, 14 female and 66 male vice rectors,
and 58 female and 218 male deans or deputy deans. Out of
120 scientific research institutes, where women account for
60% of the staff; only two institutes have women directors.
There are 132 female judges, comprising 38.2% of all judges,
but no woman has ever chaired the Supreme Court.
2. Enforcement
There are no specific provisions on institutional mechanisms.
Enforcement of gender-sensitive laws remains weak.

for Protection of Womens
Rights
Since acceding to the Beijing Platform of Action, and
subsequently
CEDAW,
several
institutional
mechanisms have been established within the
executive branch to address womens rights and to
promote their empowerment. In 1998, the President
created the National Commission on the Improvement
of the Status of Women within Georgias National
Security Council. The Commission consists of 27
high-level members, including ministers, deputy
ministers, and representatives from local and
international NGOs and the media. 57
A Parliamentary Advisory Council concerning
gender equality was established in Georgia, with the
participation of the members of Parliament and NGO
community. The National Action Plan on Gender
Equality was drafted. However, the implementation
of the plan is insufficient owing to the lack of
resources. NGOs in Georgia work closely with the
government and international organizations and donor
community in the area of gender equality. According
to the data in 2002 there were 2,800 NGOs registered
in Georgia with active NGOs comprising about 20
percent. The number of NGOs working in the area of
gender and womens rights was around 70. 58
Creating an Enabling
Organizations
The Georgian Constitution guarantees the right to
freedom of association in Article 26, specifying that
every individual has the right to create and join any
association, including trade unions. This right can be
restricted, however, if the associations goal is to
overthrow or change the constitutional order of
Georgia by force, violate the independence of the
country and the countrys territorial integrity,
advocate war and violence, or attempt to induce
ethnic, racial, social, and national unrest. 59 The
legislation provides for two types of NGOs:
foundation and union.
A foundation is a legal entity in which one or

more founders transfers a special property to
the ownership of an independent subject
having
no
membership,
for
the
accomplishment of a useful, common, and
public purpose. 60
A union is a legal entity in which a number of
persons set a common goal, and its existence
is independent from changes in its
membership. At least five founding members
shall be required to constitute a union. 61
A union shall be subject to registration by a
court, and a foundation shall be subject to registration
by the Ministry of Justice. An application and charter
signed by all founders and all members of the
governing board are necessary for registration. The
materials necessary for registration of a union shall be
filed with the court having jurisdiction over the
location of the residence of the union. The court shall
decide on the registration within one month from the
day of filing of the application. If within this term no
decision is made, the registration shall be deemed
effective. The same rule applies when the registration
is to be carried out by the Ministry of Justice. The
courts refusal to register a union must be grounded
and provide for the possibility of appeal. The appeal
against the refusal may be filed with a court. 62
The provisions regulating the purpose and
activities of not-for-profit organizations in Georgia
can be found in Article 30 of the Civil Code. This
article defines an association as being a legal person
in whom a number of persons set a common object
and a foundation as being a legal entity established
for an accomplishment of useful, common and
public object.
An association can serve both a private (mutual)
and a public benefit purpose. According to Article 46
of the Civil Code, foundations too may have private
purposes. This article states that the objective of a
foundation may be the support of certain persons or
specifically defined groups of persons. According to
Georgian legislation there is no distinction between
public benefit and mutual benefit organizations.
Georgian organic law On Ceasing and Prohibition of
Public Association Activity proscribes procedures of
suspending and terminating NGO activity. The
41
termination of NGO activity shall be carried out

exclusively by the courts. The court can cease the
operation of the noncommercial legal entity for up to
three months period if the legal entity began
entrepreneurial activity.
According to the Georgian tax legislation,
charitable
organizations
are
defined
as
nonentrepreneurial organizations established for
42
charitable activity purposes. These organizations are

exempt from profit taxes, unless the profits come
from economic activities. Economic activities include
profits from investments and dividends on shares of
stock in a company. Moreover, certain incomes are
specifically exempt from profit tax, such as grants,
membership fees, and donations. 63
5
Key Issues of Womens
Equality Addressed by Womens NGOs
The Declaration and Platform for Action adopted

during the 4th World Conference on Women held in
Beijing in 1995, as well as the Millennium
Development Goals, provided an impetus for the
development of womens NGOs and helped set the
agenda for these organizations. The follow-up
conferences, Beijing +5 and Beijing +10 reiterated the
importance of the realization of the Platform of
Action. The NGOs in Armenia, Azerbaijan, and
Georgia work on the following issues concerning
womens equality.
Human Development Issues

The declines in social sector public expenditures
during the 1990s had a negative impact on women,
especially because of declines in services for maternal
and child health. Literacy and school enrollment
remain high, although enrollment levels in secondary
and higher education have declined for boys in
Armenia and Georgia and girls in Azerbaijan.
Womens reproductive health is a major problem,
with very high abortion rates, especially for girls 16 to
26 years of age.
Access to Labor Markets and

Womens employment remains concentrated in lowpaying sectors, such as education, health care and
agriculture; womens average level of income is still
lower than that of men. The incidences of
unemployment among women are especially high in
Armenia. Women have limited access to credit and

lack information concerning running a business and
networking with other entrepreneurs, which impedes
their participation in labor force. The quantitative
characteristics of these issues are presented in the first
chapter of this report.
Advocacy on Womens Rights

and Participation
Womens political participation as evidenced by the
number of seats in Parliament held by women, and
the number of women in high positions of executive,
judicial, and local/regional branches of government is
very low. Womens participation in community life is
also lower. Table 10 shows the percentage of
womens participation in the public sector in all three
countries of the region. In contrast, womens
participation in NGOs is relatively high.
Table 10. Womens Political Participation in the
Southern Caucasus
% of women
Armenia
Azerbaijan
Georgia
Legislature
4.1
11.5
9.5
Executive branch
2.5
17.6
Local government
3.4
4.1
12.2
14
38.2
Judiciary
18
Source: National Statistical Service of Armenia, Georgia,

Azerbaijan.
n.a.: Not available.
43
In all three countries, legislation guarantees

equal rights irrespective of gender; however, the
provisions pertaining to gender-based discrimination
and affirmative actions are not sufficiently
substantiated in respective legislations. Lack of
enforcement of rules and weak institutional
arrangements impede the implementation of the
existing legislation. In addition, lawseven
regulations related to domestic violence or human
traffickingare often not gender sensitive. Besides,
in rural areas, customary laws are normally applied
instead of formal laws. Women are often unaware of
their legal rights. Therefore, even though basic legal
principles state equality between men and women,
women often end up with diminished rights, for
example with regard to property title, divorce, and
alimony procedures. Insufficient allocation of
financial resources and lack of commitment impede
compliance with and enforcement of CEDAW.
Several NGOs of the region work on drafting
textbooks for schools and the institutions of higher
education to incorporate womens rights in their
curricula.
Pressing Social Issues

Migration and trafficking
Women are the majority of persons being trafficked
from all three countries. The victims of trafficking in
the majority of cases end up in forced sexual
exploitation. There is also a male aspect of trafficking
in human beings, as economic conditions often force
males to migrate and often times work in substandard
44
conditions for minimal pay. There is a lack of a

comprehensive approach to dealing with the issues of
prevention, rehabilitation, and reintegration of the
victims of trafficking. Several NGOs run shelters for
the victims of trafficking in the region.
IDPs
Women comprise the majority of the IDPs. Male
IDPs usually out-migrate, leaving women with the
daunting task of caring for their households singlehandedly. IDPs live in overcrowded state-owned
collective centers that lack minimal standards in terms
of hygiene, infrastructure, clothing, and medical
supplies. Additionally, war and conflict have changed
the economic roles of women. Women IDPs were
usually fully employed before the war, often as
trained professionals (such as teachers, health
professionals, and economists). Now, women IDPs
are breadwinners in informal trade and agriculture.
There is a lack of training and skill-development
programs for the IDPs.
Violence against Women

The cases of violence against women often go
unreported due to the traditional norms, according to
which family affairs are private and, therefore, should
not be a subject of public discourse. Women who are
victims of violence often are not aware of their rights.
The law-enforcement bodies lack training and
mechanisms to detect and to combat violence against
women. There is no comprehensive legislation
concerning domestic violence and trafficking.
6
Conclusions and
Recommendations
This review of the enabling policy and governance

environment to promote womens economic
advancement and protect their rights reveals findings
in five main categories. Each category has significant
policy implications for national policy makers and,
because of their implications for overall economic
development, for international development partners
as well. These findings and implications are outlined
below:
1. Legal frameworks: All three countries have
adopted legal frameworks guaranteeing
equal rights to women and men (de jure).
However, women often have fewer
protections in reality (de facto) due to the
weak enforcement mechanisms and lower
levels of legal literacy among women. The
existing gender disparities negatively affect
womens access to decision-making
processes, productive resources, and to labor
markets.
2. Institutional arrangements: Institutional
arrangements are limited in all three
countries because of a lack of a clear
institutional structures authorized to address
a comprehensive range of gender issues to
enhance opportunities for women and men.
There is also limited institutional capacity to
promote the development, implementation,
and coordination of gender policies of the
respective countries.
3. Womens participation in decisionmaking: Womens participation in decisionmaking, as measured by representation in
the executive and local branches of

government and in the legislature and
judiciary, remains low. In contrast, womens
participation
in
nongovernmental
organizations is increasing.
4. Womens access to productive resources
and labor markets: Womens economic
participation is visible in small businesses,
especially in the small-scale trade and
services sectors. These sectors have
substantially lower remuneration than in
other sectors, which may explain the
significant gender wage disparities that exist
in all three countries.
5. CSOs play a major role in the area of
gender equality in the region: Womens
civic participation in CSOs in the region is
high. However, coalition-building efforts
among the womens rights and other CSOs
are weak.
These findings raise the need for more
comprehensive and targeted initiatives to raise public
awareness, provide legal literacy of women and men,
and strengthen networks of womens organizations to
enable women to play more informed leadership roles
to promote their economic empowerment. They also
highlight the need to encourage collaborative efforts
among CSOs and womens rights NGOs to engage
more effectively, not only in the areas that are
considered to be womens interests (such as
domestic violence, reproductive health, and human
trafficking), but also in public policy, constitutional
changes, and overall economic policies to promote
45
equitable growth. These policy implications go

beyond building capacity of womens groups; they
include mainstreaming gender issues in major
national development policies, and efforts such as
those designed to assist the newly established offices
46
of Ombudsmen in the region with the enforcement of

womens rights. Key partners in these processes
include the international development organizations
working in the region, including the EU, OSCE, OSI,
UNDP, UNIFEM, and USAID.
Annex 1
List of Participants:
Videoconference Dialogue Series
Armenia
NO.
FIRST NAME, LAST NAME
POSITION/ORGANIZATION
CONTACT INFORMATION
Deputy Minister, RA Ministry of

Labor and Social Issues
587672
Deputy Minister, RA Ministry of

Labor and Social Issues
585594
Womens Rights Center, NGO
583618, 542828
GOVERNMENT
1
Artsvik Minasyan
Artsrun Aghajanyan
3 Government Building St.
3 Government Building St.
NGO
3
Eduard Grigoryan
wrcarm@arminco.com
4
Zara Shahinyan
Womens Rights Center, NGO
583618, 542828
wrcarm@arminco.com
Nora Hakobyan
Head of Womens Republican

Council
534506, 538591, 532781

Fax: 538591
nora@arminco.com
Karen Zadoyan
Hasmik Gevorgyan
Head of Armenian Young

Lawyers Association
Head of Trust Fund
540199
ayla@ayla.am or pr@ayla.am
538015
vstarm@arminco.com
Gayane Armaghanova
Lilit Avetisyan
Vice President, Women with

University Education
582752, 581942
Womens Forum
589936, 581381, 09411097
medic@xar.am
womensfor@yahoo.com
10
Lara Aharonyan
Women of Armenia Resource
552215
47
NO.
11
Gohar Shahnazaryan
CONTACT INFORMATION
Center
info@armenianwomen.am
Women of Armenia Resource

Center
552215, 093 244209
Former Advisor to the Prime

Minister
540637, 524444, Fax: 529443
G_shahnazaryan@yahoo.com
INDEPENDENT EXPERTS
12
Alice Adamyan
13
Lilit Asatryan
Former Deputy Minister, Sport,

Youth & Culture
14
Souren Vardumyan
Expert in Gender Issues
arevpetrosyan@netsys.am
561179
suren_vard@mail.ru
INTERNATIONAL COMMUNITY
15
Nune Harutyunyan
Project Coordinator, UNDP

Project on Gender and Politics in
Southern Caucasus
Nune.harutyunyan@undp.org
16
Ilona Ter-Minasyan
UNIFEM Armenia Coordinator
Ilona.ter-minasyan@unifem.org
17
Armine Tadevosyan
OSI Womens Program

Coordinator
536758, 533862
Armenuhi@osi.am
WORLD BANK
18
Roger Robinson
Country Manager, World Bank,

Armenia
rrobinson@worldbank.org
19
Susanna Hayrapeytan
Senior Health Specialist, World

Bank, Armenia
shyarapeytan@worldbank.org
20
Vigen Sargsyan
External Affairs Officer, World

Bank, Armenia
vsargsyan@worldbank.org
21
A. Waafas Ofosu-Amaah
Senior Gender Specialist, World

Bank
aofosuamaah@worldbank.org
22
Arunima Dhar
Consultant, World Bank
adhar@worldbank.org
23
Tigran Kostanyan
Voice Secondee
tkostanyan@worldbank.org
Azerbaijan
NO.
FIRST NAME,
LAST NAME
CONTACT INFORMATION
NGO
1
Ruhiyya Isayeva
Legal Resource and Information Centre Public

Union
ruhiyya77@yahoo.com
Oksana Azimova
Womens Rights and Gender Issues Department,

Azerbaijan Young Lawyers Union, member of
oazimova@aylu.az
48
NO.
FIRST NAME,
LAST NAME
CONTACT INFORMATION
the Coalition 1325

3
Shahla Ismayilova
Womens Association for Rational

Development, Advisor of the Global Fund for
Women
shahla_ismailova@yahoo.com
Sevda Mammadova
Women Rights Protection Centre
sevdamemmedli@yahoo.com
Asif Ismayilov
Association of Young Azerbaijani Friends of

Europe
asif_ismayilov@yahoo.com
Matanet Azizova
Women Crisis Centre
wcc@online.az
Mehriban Zeynalova
Clean World NGO
meri@azintex.com
Tamam Djafarova
University Educated Womens Association
tjafarova59@mail.ru
Nigar Malikova
NRC, ICLA project, Information Officer
melikova_n@yahoo.com
WORLD BANK
10
Senior Gender Specialist, World Bank
11
Ms. Saida Bagirli
Operations Officer, World Bank
sbagirli@worldbank.org
12
Mr. Ramil Isgandarov
Local Consultant, World Bank
ramil@lawyer.com
13
Arunima Dhar
adhar@worldbank.org
14
Irina Akimoushkina
jsigov@aim.com
Georgia
NO.
ORGANIZATION
CONTACT INFORMATION
NGOs
1
Nina Tsikhistavi
Caucasus Womens Research and

cwn@access.sanet.ge
Consulting Network, member of State
Phone: (995 32) 999987
Commission of Gender Equality, Women
NGOs Coalition of Georgia
Institutional Machinery group, Advisor
of the Global Fund for Women
Nino Javakhishvili
Dynamic Psychology for Democracy

and Development, Advisory Council on
Gender Equality Attached to the Speaker
of the Parliament of Georgia, Women
NGOs Coalition of Georgia Women
and Education group
ninoj@ucla.edu
Womens Political Resource Center,

Advisory Council on Gender Equality
Attached to the Speaker of Parlament of
Georgia
wprc@wprc.ge
Single Parents Association, member of

State Commission of Gender Equality,
Women NGOs Coalition of Georgia
maiakuprava@yahoo.com
Lika Nadaraia
Maya Kuprava-Sharvashidze
Phone: (995 32) 384182
Phone: (995 32) 224018
Phone: (995 32) 986606
Annex 1: List of Participants: Videoconference Dialogue Series
49
NO.
ORGANIZATION
CONTACT INFORMATION
Women and Politics and Institutional

Machinery group
6
7
Elene Rusetskaia
Eka Sepashvili
Mari Meskhi
Womens Information Center, member of

State Commission of Gender Equality,
Women NGOs Coalition of Georgia
Institutional Machinery and Women
and Peacebuilding groups. Member of
the coordinating committee of the
regional network Women for Peace
wicmika@caucasus.net
Education and prosperity, TSU, Tblisi

State University
eka-sepashvili@yahoo.com
Expert on womens rights
meskh1@hotmail.com
Phone: (995 32) 952934
Phone: (99532) 953216
Mobile: (99577) 453106
Ketevan Tatarashvili
Article 42 of the Constitution (NGO)
office@article42.ge
Phone: (99532) 935322
10
11
Manana Mebuke
Jvania Irina
Ia Verulashvili
Union of Wives of Disabled and Missing

Soldiers, Women NGOs Coalition of
Georgia Women and Peacebuilding
group, Member of the coordinating
committee of the regional network
Women for Peace
dt_wife@yahoo.com
Association for Gender Development.

Member of the coordinating committee
of the regional network Women for
Peace
nani.chanishvili@access.sanet.ge
Phone: (99532) 356609
Phone: (99532) 998769
Womens Center, expert on womens

rights, domestic violence and human
trafficking, Women NGOs Coalition of
Georgia - Women and health group
grc@access.sanet.ge
Phone: (995 32) 233299
WORLD BANK
12
Senior Gender Specialist, World Bank
13
Astghik Grigoryan
astghikstar@yahoo.com
14
Irina Akimoushkina
Consultant
jsigov@aim.com
15
Inga Paichadze
External Relations Officer, Gender Focal

Point, World Bank, Georgia
ipaichadze@worldbank.org
50
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Endnotes
Kuehnast and Neehemias (2004).

Kuehnast and Neehemias (2004).
3
Note a difference between women NGOs and NGOs working in
the area of womens equality.
4
World Bank 2002a; Republic of Armenia (2003).
5
World Bank 2003a.
6
UNAIDS, available at http://www.unaids.org/en/Regions_
Countries/Countries/armenia.asp. Last accessed on April 30,
2006.
7
American Bar Association/Central European and Eurasian
Law Initiative (2002).
8
International Fund for Agriculture Development (IFAD),
gender profile, available at http://www.ifad.org/gender/
cen/profiles/arm.htm. Last accessed on April 30, 2006.
9
The official rate differs depending on the source: The official
female labor participation rate in 2001 was 62.4 percent, or 88
percent of the male participation rate. Differences also exist
between official and survey estimates: The participation rate of
men exceeded that of women by over half in 2001 (73.2 versus
48.2 percent), compared to over one-third in 1999 (69.2 versus
51.1 percent).
10
IFAD (2004).
11
USAID (2006).
12
13
14
In 1998, 66 percent of the migrants were males, according to
Shahinian (2001).
15
On November 27, 2005, the referendum in Armenia approved
the Amendments to the Constitution. The new Constitution
came into force shortly thereafter.
16
IFAD (2004).
17
World Bank (2003).
18
19
World Bank. 2003a.
20
USAID (2006).
2
21
Interview with Jemma Hasratyan of the Association of
Women with University Education and Nora Hakobyan of the
Womens Republican Council.
22
Interview with Jemma Hasratyan of the Association of
Women with University Education and Nora Hakobyan of the
Womens Republican Council.
23
Article 28, Constitution, 2005.
24
Articles 28 and 29 of the Constitution, 2005.
25
The Law of the Republic of Armenia on Foundations,
Article 3.
26
The Law of the Republic of Armenia on Public Organizations.
Article 3.
27
Art. 12 of the Law on NGOs.
28
29
30
Art. 16 of the Law on Value-Added Tax (VAT),
Governmental Resolution No. 66, 2003.
31
BBC Monitoring (2004).
32
OSI (2006).
33
The reproductive age for women is considered 1544 for the
survey estimates, and 1549 for the official estimates. See
Centers for Disease Control and Prevention and ORC Macro
(2003).
34
World Bank (2006).
35
World Bank (2003b).
36
UNFPA (2002).
37
State Statistical Committee of Azerbaijan Republic (2003).
38
UNFPA (2002). See also UNDP (2002). and OSI (2006).
39
UNDP (2002).
40
OSI (2006).
41
State Statistical Committee (2003).
42
World Bank (2003b).
43
The legal provisions concerning the registration of NGOs in
Azerbaijan are explained below.
44
The Law of the Republic of Azerbaijan on Non-Governmental
Organizations (Public Organizations and Funds), Article 2.
45
The Law of the Republic of Azerbaijan on Non-Governmental
Organizations (Public Organizations and Funds), Article 2.
46
The Law of Azerbaijan Republic on State Registration of
Legal Entities, Article 15.
58
47
International Center for Not-for-Profit Law and OSCE, Baku
office (2002).
48
Ismailzade (2004).
49
Republic of Georgia (2003).
50
State Department for Statistics of Georgia (2003).
51
52
53
State Department of Statistics.
54
CDC and ORC Macro (2003). The reproductive age for
women is considered 15 to 44 for the survey estimates, and 15 to
49 for the official estimates.
55
Republic of Georgia (2003).

57
58
59
Georgian Constitution, Article 26, Paragraph 3.
60
The Civil Code of Georgia, Article 30.
61
The Civil Code of Georgia, Article 30.
62
Civil Code, Georgia, Article 31.
63
Tax Code, Georgia, Article 47.
56
Endnotes
59

Assessing The Enabling Governance Environment To Promote and Enforce Women S Rights in The Southern Caucasus

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Assessing the Enabling

Funded by the Norwegian/Dutch Fund for Gender Mainstreaming (GENFUND)

2. The Enabling Environment for Promoting Womens Rights in Armenia

Human Capital Dimensions of Gender Equality

3. The Enabling Environment for Promoting Womens Rights in Azerbaijan

Human Capital Dimensions of Gender Equality

4. The Enabling Environment for Promoting Womens Rights in Georgia

Human Capital Dimensions of Gender Equality

5. Key Issues of Womens Equality Addressed by Women's NGOs

Human Development Issues

Conclusions and Recommendations

Annex 1. List of Participants: Videoconference Dialogue Series

The Governance Environment for Womens Rights in the Southern Caucasus

The project was funded by the Norwegian/Dutch

World Bank, Azerbaijan), Antony Cholst (Lead

Acronyms and Abbreviations

American Bar Association/Central European and Eurasian Law Initiative

After the collapse of the Soviet Union, Armenia,

weak enforcement mechanisms and lower

civil society, and in NGOs. 1 However,

health, human trafficking), but also in public policy,

The Governance Environment for Womens Rights in the Southern Caucasus

have not yet been properly addressed. The

in the area of women rights and equality 3 comprise

in terms of access to productive resources, and their

The Governance Environment for Womens Rights in the Southern Caucasus

Human Capital Dimensions of

Table 1. Indicators of Human Capital

Access to reproductive and health services

Contraceptive prevalence rate (2000)

Adolescent (1519) fertility rate (200005)

Source: World Bank.

Access to Economic and

Table 2. Indicators of Access to Economic and

Annual growth rate of the female-to-male

Source: World Bank

region. 9 Women earn about 30 percent less than

male out-migration is very high. 14 Women are

Status and Protection under

The Governance Environment for Womens Rights in the Southern Caucasus

Table 3. The Legal Dimensions of Gender Equality in Armenia

Comments & Implications for Womens Rights

The Enabling Environment for Promoting Womens Rights in Armenia

1. Equality before law

Article 39 of the Constitution guarantees the right to education for every

Enforcement of this provision remains weak. Women

Nationality and Citizenship

The Law on Citizenship, Article 3, grants equal citizenship rights to both

Article 6 of the Law on Citizenship states that the marriage of an

No special provision is found on gender differences

Article 30 of the Constitution guarantees universal suffrage to any citizen

According to the Decree of the Government of Armenia

Comments & Implications for Womens Rights

4. Eligibility to run for

Article 35 of the Constitution guarantees the right to marry to men and

2. Legal consent for

Article 1 of the Family Code states that while establishing marriage,

According to Article 13 of the Family Code, marriage is terminated

Notwithstanding these provisions, womens political

Comments & Implications for Womens Rights

spouses, and marriage is terminated by the court on the basis of written

The Enabling Environment for Promoting Womens Rights in Armenia

In case of mutual consent of both spouses on dissolution of their