Québec

Preliminary Remarks

  1. In 1997, Canada submitted its Core Document Forming Part of the Report of States Parties to the United Nations. This document includes information on the country's general political structure and legal human rights protection framework. In the context of this report and to add to its usefulness, additional details are provided on justice and immigration.

  2. Justice in Canada is a shared jurisdiction. The provinces have full jurisdiction over property and civil law. However, Québec law differs substantially from that in other provinces; while Québec civil law is governed primarily by the provisions of the Civil Code, the other Canadian provinces rely on British common law.

  3. With regard to criminal law, the Canadian Parliament has exclusive jurisdiction over the establishment of offences and penalties. Québec is responsible for enforcing the Criminal Code within its boundaries, and is also empowered to institute provincial penal offences.

  4. In addition, Québec has exclusive jurisdiction over the administration of justice, which includes the creation, maintenance and organization of civil and criminal courts, as well as the establishment of applicable civil procedure. Jurisdiction over criminal procedure is vested in the federal Parliament.

  5. Immigration is also a shared jurisdiction. However, over the years and more particularly since 1971, Québec has acquired additional powers through the conclusion of agreements on the selection of immigrants wishing to settle in Québec. Categories for which Québec is responsible include refugees selected abroad, other persons in distress and independent applicants. Québec still cooperates with the federal government on family reunification and refugee status recognition, but is solely responsible for settling immigrants within the province.

Introduction

  1. In accordance with Article 18 of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), the Government of Québec hereby submits its contribution to the Fifth Report, which deals with the measures adopted between April 1,1994, and March 31, 1998, and discusses progress made.

  2. The Committee is asked to note that the articles mentioned below (the "Québec Context") refer to information contained in the section on Québec's contribution to Canada's Fifth Report on the Convention on the Elimination of All Forms of Discrimination Against Women.

  3. The Québec Context -- The period in question coincides with the election of a new government, which decided to pursue the province's 1993 policy on the status of women La politique en matière de condition féminine. Un avenir à partager (reference: Canada's Fourth Report, paragraphs 343-346). To the policy's four strategies (financial independence for women, respect for women's physical and psychological integrity, elimination of violence against women, recognition and appreciation of the collective contribution of women), the government, on April 29, 1997, added a fifth -- the role of women in regional development.

  4. This new strategy advocates that women in Québec be both active partners in and beneficiaries of changes brought about by the current regionalization process. This process is aimed at making political power more accessible to Québec residents. Since an increasing number of responsibilities will be assumed by local and regional authorities, it is paramount that women be represented in equal numbers on these bodies, and that their situation and interests be taken into account.

  5. As the time line for the policy is 10 years, three implementation phases were planned. In 1997, as Phase II, the government adopted the 1997-2000 Action Plan for Women Throughout Québec [Program d'action 1997-2000 pour toutes les Québécoises], an adaptation of the Beijing Platform for Action to the realities, values and priorities of Québec society and the special concerns of the province's women. The program is the result of extensive deliberation and consensus-building conducted with 35 departments, government and paragovernmental organizations, and partners from civil society, primarily women's NGOs and female university researchers. It is a fulcrum, an anchor, and a support structure that incorporates the goal of gender equality into the government's daily, ongoing activities, mainly in the area of reducing socioeconomic disparities. The program provides a framework for action by Québec on the status of women until the turn of the century, and comprises three mobilization projects, 43 sector-based measures and 15 local and regional measures.

  6. The three mobilization projects that constitute the pillars of the Action Plan are so called because they address important, urgent problems for women and involve the concerted action of several departments and agencies. These projects are as follows:

  7. a project geared toward institutional and political action -- "Introducing Gender-based Analysis in Government Practices" (Article 3)


  8. a project dealing with an urgent social problem -- "Preventing Early Pregnancies and Providing Support for Teenage Mothers" (Articles 10(f) and 12(1))

  9. a project that focuses on the future of women in the economic sphere -- "Supporting Progress by Québec Women in the Sciences and Technological Innovation" (Articles 10(a) and 11(1)(c))

  10. The 43 sector-based measures, involving 22 government departments and agencies, are centred around eight themes that combine the 12 key fields from the Beijing Platform for Action:
  1. The 15 local and regional measures have been implemented to support both axes of the fifth strategy, which is aimed at providing a role for women in regional development -- i.e., the equitable representation of women in local and regional government and the consideration of the interests and situation of women by those authorities (Article 7).

  2. Over the period in question, two major events also influenced action taken on the living conditions of Québec women: the "Bread and Roses" march organized in June 1995 by the Québec Federation of Women, which focused public attention on female poverty and gave rise to certain social economy infrastructures (Article 11); and the Summit Conference on the Economy and Employment held in the fall of 1996, which resulted in the establishment of the Anti-Poverty Fund [Fonds de lutte contre la pauvreté par la réinsertion au travail] (Article 11) as a complement to the Independent Community Action Fund [Fonds à l'action communautaire autonome] created in 1995 (Article 1).

  3. Three main policies reaffirmed the government's intention to improve the living conditions of Québec women in three key areas: violence (Article 1), the family (Article 11(2)), and health (Article 12).

  4. 1998 marked the 25th anniversary of the Council on the Status of Women, which for a quarter century has guided and accompanied the efforts of Québec women toward equality, greater rights, and better social, economic, political and cultural conditions.

  5. To complete the information in this report, Québec has submitted the documents listed in Appendix 1.

  6. In the area of legislative action between 1994 and 1998, Québec passed or amended more than 60 acts affecting the rights and living conditions of women. The seven main pieces of legislation are: the Act to Facilitate the Payment of Support (S.Q. 1995, c.18, s. 13); the Pay Equity Act (S.Q. 1996, c. 43, s. 11); An Act to Amend the Civil Code of Québec and the Code of Civil Procedure as Regards the Determination of Child Support Payments (S.Q. 1996, c. 68, s. 13); the Act to Amend the Act Respecting Labour Standards as Regards Annual and Parental Leave (S.Q. 1997, c. 10, s. 11(2)); the Act to Institute, Under the Code of Civil Procedure, Pre-Hearing Mediation in Family Law Cases and to Amend Other Provisions of the Code (S.Q. 1997, c. 42, s. 5(b)); the Act to Amend the Taxation Act and Other Legislative Provisions of a Fiscal Nature (S.Q. 1998, c. 16), which provides in particular that child support payments are tax exempt (s. 13); and the Act to Extend the Effect of Certain Provisions of the Act Respecting the Practice of Midwifery Within the Framework of Pilot Projects (S.Q. 1998, c. 26, s. 12(2)).

Article 1

  1. Several measures taken to implement Article 1 of the Convention on the Elimination of All Forms of Discrimination against Women have been mentioned in previous reports. Section 10 of Québec's Charter of Human Rights and Freedoms meets the requirements of the Convention by making it illegal to discriminate based on factors such as sex, pregnancy, sexual orientation or marital status.

  2. In Québec, as elsewhere in Canada, conjugal violence is a criminal offence. In December1995, the government announced a multi-sector policy on this issue, entitled "Prevent, Detect and Stop Spousal Violence," as well as a cross-sector action plan containing 57 commitments.

  3. In developing this policy, which focuses not only on women but also on children because of how the latter are affected by violence, Québec drew heavily from the Declaration on the Elimination of Violence Against Women, adopted December 1, 1993 by the United Nations General Assembly.

  4. In its definition of conjugal violence, the policy includes psychological, verbal, physical and sexual abuse, as well as attempts at economic domination. Violence does not result from a loss of control; rather, it is a means chosen to dominate another person and assert power over that person. It can be experienced inside or outside of marriage, at any time of life.

  5. The policy, which was developed in partnership with the government, paragovernmental organizations, the community, universities, special interest groups and experts, is based on the need to decompartmentalize and consolidate government action in the area of conjugal violence and make it more effective, as well as to bring about a common understanding of the problem.

  6. "Prevent, Detect and Stop Spousal Violence" focuses on four aeas of intervention: prevention, detection, specially targeted services, and coordinated psychosocial, legal and correctional measures. The policy is based on the need for society as a whole to become involved in the effort to eliminate conjugal violence.

  7. The first area, prevention, is based on the promotion of gender equality among both children and adults; the school system is thus called on to play a major role.

  8. The second area, detection, is aimed at providing all establishments and agencies concerned with the means to systematically detect conjugal violence, despite the reservations generally expressed by victims.

  9. The third area, specially targeted services, emphasizes services that are adapted to meet the needs of particular target groups, such as women who live in remote areas, disabled women, elderly women, Aboriginal women, female immigrants, and lesbians, as well as gays and men who have been abused by their spouses.

  10. The fourth and last area proposes more effective and efficient psychosocial, legal and correctional measures.

  11. The 57-commitment action plan has already been implemented. One of the main measures involves local and regional coordination and joint action. Since 1995, more than 800 people from the fields of education, health and social services, justice, public safety and the community sector have participated in the work of various regional and subregional consultation committees.

  12. The policy has also resulted in the conclusion of a number of detection, referral and intervention protocols between local and regional conjugal violence resources. In the police, judicial and correctional sector, measures aimed at improving victim protection have been adopted. Now, for example, when police officers are called to a scene involving domestic violence, they systematically seize all firearms. Private areas have been reserved for victims of conjugal violence at all courthouses in Québec and, where justified by volume, a single courtroom has been reserved for cases of spousal violence. Files are given to specialized prosecutors who follow through on cases from start to finish, and victims are informed if their attackers have been released, are on a day pass, or are out on parole.

  13. Work on a prevention and awareness campaign on violence against women began in 1997, and involves government and community partners. The campaign emphasizes the promotion of gender equality among children and provides information on less well-known forms of violence, such as psychological abuse. The first phase of the campaign was launched in December 1998.

Statistics

  1. According to the last available police statistics for Québec, dating back to 1997, 11,559 women have called on the police to report a problem of conjugal violence. Young women are more likely to be the targets of violence. Very young women (18-24 years) seem particularly vulnerable to male violence. The most common charges are assault (7,877), threats (2,143) and criminal harassment (1,057). According to the last major survey on violence toward women conducted by Statistics Canada in 1993, 25 percent of Québec women 18 years of age and over, who were married or living common law have been subjected to conjugal violence, as compared with 29 percent of women nation-wide.

Support Services

  1. The services available to female victims of conjugal violence were described in Appendix 1 of Québec's contribution to Canada's Fourth Report (pp. 80-82).

  2. In 1998, the 27 establishments belonging to the Fédération des ressources d'hébergement pour femmes violentées et en difficulté du Québec provided shelter to 2,984 women and 2,423 children. The average length of stay was 20 days. Telephone consultation was provided to 10,761 shelter residents, 12,556 non-residents, and 10,970 former residents. A total of 6,890 referrals and 88,762 other services were also provided by telephone. As for on-site services, 40,368 interventions and interviews were carried out with shelter residents, 4,417 with non-residents, 3,956 with former residents, 8,718 with child residents, 663 with child non-residents, and 221 with former child residents.
  3. Establishments belonging to the Regroupement provincial des maisons d'hébergement et de transition pour femmes victimes de violence conjugale, for their part, provided shelter for 3,633 women and 3,233 children in 1997-98. They also responded, by telephone or on site, to 55,524 requests for assistance from non-residents.

Financial Resources

  1. As part of the Community Organization Support Program [Soutien aux organismes communautaires], regional health and social services boards allocated some $21.3 million in 1995 to 98 women's shelters and the two provincial shelter associations. In 1998, the amount was $23.3 million. Over and above this sum, $2.2 million was granted in 1997-98 to agencies working with violent spouses -- double the figure injected in 1995. While three such resources were subsidized by the Department of Health and Social Services in 1985, thirty-one received funding in 1998.

  2. Until 1995, the 10 years of dependence imposed by the Act Respecting Immigration to Québec (R.S.Q. 1994, c. I-O.2) made female immigrants extremely vulnerable to all forms of violence. In the fall of 1995, however, Québec amended the Regulation Respecting the Selection of Foreign Nationals to reduce the spouse's sponsorship from ten to three years, thus reducing that dependence.

  3. In cooperation with community partners, the Department of Citizen Relations and Immigration (MRCI) has provided training on conjugal violence to staff from immigrant orientation and training centres, front-line workers, and socioeconomic assistance officers.

  4. It is impossible to provide statistics on this specific group, because police statements, in accordance with Québec's non-discriminatory practices, do not take into account factors related to race or ethnic origin when reporting offences involving violence.

  5. A multi-sector task force established in 1994 submitted its report entitled Les agressions sexuelles : STOP [Sexual Assault: STOP] in June 1995.

  6. To follow up on the report, the government set up an interdepartmental action plan, the principal measures of which target the adoption of public strategy on sexual assault, the establishment of specialized police teams where necessary, as well as teams of Attorney General's prosecutors who specialize in sexual assault cases, and the improvement of victim services.

  7. To assist it in its endeavours, the government struck an advisory committee made up of representatives from the various communities concerned with the problem. The committee's policy paper focused on the promotion of gender equality among young people, prevention of sexual assault, detection, and psychosocial, legal and correctional measures.

  8. While the policy paper was being developed, work was conducted to meet specific needs: the medico-legal kit used by physicians during examinations of sexual assault victims was updated; a protocol for victims was established for health care institutions; and a medico-legal guide for medical staff was prepared.

  9. Two reviews of the literature were made to shed light on the phenomenon of teenage sex offenders and to better identify the impact of psychosocial and legal intervention on child sexual assault victims. A pilot project to improve the uniformity of data collected on conjugal violence and sexual assault is also being conducted.

Support Services

  1. The main support services for female sexual assault victims are offered by sexual assault centres (CALACSs). In 1998, 22 such centres existed in Québec, 17 of which belonged to the Regroupement québécois des CALACS.

  2. These centres provide support for women and teenage girls who have been sexually assaulted: in 1995-96, for example, they helped more than 2,586 women. Their work consists in informing victims of the recourse available to them, helping them deal with the after-effects of a recent or past assault (individual follow-up, support groups) and the fact they have been assaulted, helping them regain control over their lives, and providing moral support during the legal process.

  3. Another important aspect of the mission of these centres is prevention and public awareness. CALACSs are working to change the conditions that encourage sexual assault. On average, they reach some 9,000 people annually via their awareness and prevention activities.

  4. Other resources also offer support and services to sexual assault victims, including: hospital emergency rooms, local community service centres (CLSCs), private consultation services, crime victims' assistance centres and the crime victims' compensation service.

Financial Resources

  1. In 1998, CALACSs received approximately $2.7 million in grants through the Community Organization Support Program, which is administered by the regional health and social services boards.

Statistics

  1. According to data gathered by the Canadian Centre for Justice Statistics, in 1997, Québec posted the lowest rate of sex crimes in all of Canada. The Québec rate was 58 offences per 100,000 inhabitants; the Ontario rate, the only other coming in at below 100, was 89 per 100,000 inhabitants. The figure for Saskatchewan was 183, and that for the Northwest Territories, 947.

  2. In 1995 in Québec, 2,833 sexual assaults against women were reported to the police. According to Statistics Canada, only 14 percent of women report an assault.

  3. In the area of collective advocacy, the Independent Community Action Office [Secrétariat à l'action communautaire autonome] was created in 1995 to administer the Independent Community Action Fund [Soutien à la défense collective des droits], which receives 5 percent of all public casino receipts. The Office's annual budget rose from $9 million in 1995 to $11 million in 1997.

  4. The Office has changed its programs in order to allocate part of its budget to rights advocacy and promotion agencies. In 1996-97, almost one quarter of the budget for the Collective Advocacy Program was split among 17 regional women's group coordination committees throughout the province.

Article 2(b)

  1. Over the period in question, 687 of the 3,529 files opened by the Commission des droits de la personne et de la jeunesse du Québec, Québec's Human and Youth Rights Commission, dealt exclusively with complaints of discrimination or harassment against women based on sex or pregnancy. As for complaints of discrimination and harassment based on sex, pregnancy or marital status (especially in the employment sector) that reached the courts, the situation is as follows for the period discussed by the report: 33 are awaiting judgment, 4 have resulted in a decision, and 13 were settled out of court.

Article 2(c): Protection of Women's Legal Rights

  1. Since January 1990, Québec's Human Rights Tribunal has been empowered to determine the merits of complaints of discrimination or exploitation. Given that most decisions rendered by this body concern the employment sector, some of those rendered during the period in question will be discussed under Article 11(2)(a).

Article 2(e) and (f)

  1. Like many other Western societies, Québec society is now multicultural. This new ethnic diversity has led to a series of disagreements and competing claims that constitute a challenge for any society seeking to call itself a democracy. With respect to women's rights, multiculturalism can have its own complications. A controversy surrounding the Muslim headdress (or "hijab") in schools led the Québec Human Rights Commission to conclude, in a study paper entitled Le pluralisme religieux au Québec: un défi d'éthique social [Religious Pluralism in Québec: A Social and Ethical Challenge], that prohibiting the veil in public institutions was incompatible with the Charter of Human Rights and Freedoms, and also that a private religious school could not require teachers of another religion to wear clothing associated with the institution's official religion. As a result, the private school in question made the hijab optional for its non-Muslim staff. In order to shed light on the issue, the Department of Education published a guide on religious diversity, and the Council on the Status of Women issued a document entitled Diversité culturelle et religieux; les enjeux pour les femmes [Cultural and Religious Diversity: A Study of the Stakes for Women], as well as a notice on women and diversity, Droits des femmes et diversité. Both publications were widely distributed in 1997.

  2. In Québec, the value placed on gender equality is enshrined in legislation that applies to all and cannot be overridden, even in the name of cultural and religious differences. In 1979, in its Convention on the Elimination of All Forms of Discrimination against Women, the United Nations recognized that culture and religion are often invoked to restrict the rights of women.

  3. The women's movement has been divided on this question -- for some, wearing the hijab represents a manifestation of female servitude, while for others its prohibition involves the risk of marginalizing the young women who wear it, thus jeopardizing their integration into society and even their access to education.

Article 2 - Links to Convention and other sections
FED | NF | NS | NB | ON | MB | AB | BC | NT

Article 3: Measures to Ensure the Advancement of Women

  1. In May 1997, the Government of Québec adopted the 1997-2000 Action Plan for Women Throughout Québec, in which it followed up on commitments made during the UN Fourth World Conference on Women (Beijing, 1995), in particular by means of a mobilization project involving gender-based analysis (GBA) in government practices. The measure is intended to produce a simple, effective tool that can eventually be applied to any government action liable to have a different effect on women and men.

  2. As defined in Québec, GBA "is a process that is intended to discern, at the creation and development stage, the particular effects of a policy, program or other measure on women and men affected by its adoption, taking into account their different socioeconomic and cultural circumstances."

  3. Work conducted since September 1997 has shown that there is no universal method of gender-based analysis. Each country and government must develop its own approach, taking into account the specific characteristics of its social, political, economic and legal organization, as well as its culture and values. GBA is a framework that can be used to shed light on any differential consequences based on gender that a given measure will have. The use of the method involves an examination of factors that lead to discrepancies between the economic, social and cultural situation of women and men, as well as the availability of data broken down according to sex.

  4. GBA was implemented by the Québec government in 1997-98, after the following steps had been conducted:
  1. This initial phase demonstrated the vital importance of support from the highest level of government. Accordingly, Québec obtained the backing of its premier and the entire government for the project, and made the Treasury Board Secretariat and Executive Council Office jointly responsible for its implementation.

  2. Thanks to the financial participation of the public, private and institutional sectors, the women's movement in Québec was able to purchase a building (called the "La Maison Parent-Roback" in honour of two union and social action pioneers) to house 10 national and regional women's federations (representing 1,200 groups across the province), a feminist publishing house, and a documentation centre specializing in women's issues and popular education. The province has allocated $107,000 to support this project.

Article 3 - Links to Convention and other sections
FED | NF | NS | NB | ON | MB | SK | AB | BC | NT | YK

Article 4: Temporary Special Measures

  1. With regard to access to employment opportunities, the program on equal employment opportunities for women in the public service (1992-1997) has been extended pending a report from the Treasury Board. The percentage of women in all job categories has grown, even though the total number of government employees has shrunk considerably-- representing 44.2 percent of regular employees in April 1994, women accounted for 48.4 percent in March 1998.

Percentage of Women in Québec's Public Service, by Job Category

Job Category April 1, 1994 (%) March 31, 1998 (%)
Professional staff 16.7 20.4
Training staff 29.7 32.8
Technical staff 38.7 40.7
Office staff 42.4 48.4
Peace officers 11.7 14.5
Labourers 2.0 2.4

Source: Treasury Board, L'effectif de la fonction publique du Québec, 1998.

  1. Proportionately, representation of women in the supervisory category rose from 14.1 percent in 1994 to 17.5 percent in 1998 at the upper management level, and from 16.7 percent to 20.4 percent at the middle management level. Despite this progress, however, the figures failed to meet program objectives.

  2. In the area of employment equity in the construction industry, in implementing a remedial plan developed by Québec's Construction Commission, the government adopted major regulatory provisions to promote women's access to the construction industry, and maintain and increase their numbers in this sector.

  3. Since November 1997, the Regulation Respecting Placement of Employees in the Construction Industry has ensured that available, qualified women are referred to employers in a given region on a priority basis. The Regulation Respecting the Issuance of Competency Certificates has also been amended. Now, an apprentice competence certificate can be issued to a woman upon confirmation that an employer is prepared to hire her, without the need for a guaranteed number of hours worked; this provision also facilitates renewal of both the apprenticeship certificate and the occupation competence certificate.

  4. These changes have had a marked impact on women's access to the construction industry, but the maintenance and increase of their numbers are not yet significant. Individuals in charge of implementation feel the program should remain in place for 10 years; realistically speaking, therefore, the objective of incorporating and keeping 2,000 women in the industry could be realized by the year 2005.

  5. Contract obligation is a measure that requires companies with 100 or more employees that obtain government contracts or grants of $100,000 or more to establish an equal employment opportunities program for women, visible minorities and Aboriginals.

  6. Of the 154 firms subject to the Contract Obligation Program at December 31, 1997, 92 had submitted an initial report by December 1998, enabling the Human and Youth Rights Commission to establish a basis for analysis. Although these years were characterized by a considerable shrinkage in the labour market (a 7.5 percent reduction in staff of the companies concerned and a 4.9 percent cut in jobs from categories targeted by the Program), female personnel rose 3.4 percent. There was a considerable increase in women in management and professional positions (varying from 1 percent to 13 percent, depending on the sector involved) and supervisory posts (from 2 percent to 18 percent).

Article 4 - Links to Convention and other sections
FED | NF | NS | NB | ON | SK | BC | NT

Article 5(a)

  1. Québec's Department of Citizen Relations and Immigration (MRCI) has helped promote the province's values on gender equality through host, socioeconomic integration and "francization" programs, the latter being aimed primarily at female immigrants.

  2. Annual awards by the Minister of Education (Responsible for Youth) are intended to recognize the work of those who have developed high quality instructional material. The competition has been held at the college level for 20 years, and was launched at the university level in 1997. One of the categories highlights the promotion of gender equality and comes with a prize of $3,000 for each recipient.

Article 5(b)

  1. The 1997 Act to Institute, Under the Code of Civil Procedure, Pre-Hearing Mediation in Family Law Cases (S.Q. 1997, c. 42) provided for the establishment of a family mediation program beginning in September 1997. Family mediation is defined as a means of conflict resolution in a context of family breakdown by which an impartial mediator helps the spouses negotiate an equitable agreement that is concluded with the free, informed consent of both parties. The main goal of mediation is to arrive at a viable agreement, outside the legal sphere, that meets the needs of each family member. If there is a dispute, therefore, couples with children participate in an information session on mediation before being heard by the court. The parties may then decide to continue the mediation process. Couples are entitled to a maximum of six free mediation sessions to reach an agreement on custody, visiting and outing rights, support payments and division of family assets.

  2. Exceptions to the process may be made if one of the spouses is under duress, or on other serious grounds such as conjugal violence.

  3. In matters of family law, Québec recognizes the joint responsibility of parents toward their children in all cases, which means that the equal interests and obligations of both mother and father are taken into account in settling disputes.

Article 5 - Links to Convention and other sections
|FED | NF | NS | NB | ON | MB | SK | AB | BC | YK | NT

Article 7: Women in Politics and Public Life

  1. At the municipal level, the number of women in elected positions continues to grow slowly. The percentage of women mayors rose from 8.9 percent to 9.4 percent between 1994 and 1997, while that of female municipal councillors increased from 19.5 percent to 21.7 percent (see Appendix 2).

  2. On the provincial political scene, 18.4 percent of Members of the National Assembly in 1994 were women; this figure rose to 20.0 percent in 1997. For the same years, the percentage of female government ministers rose from 19.0 percent to 22.7 percent (see Appendix 2).

  3. In the school system, after the elections of November 20, 1994, 53 percent of women chaired school boards and 46.4 percent were board members, making for gender parity in these positions.

  4. With the movement towards regionalization, new local and regional structures have gradually sprung up during the 1990s. On regional development councils, women represented 15.2 percent of board members in 1994, whereas in 1997 the figure was 18.0 percent. Women on regional health and social services boards accounted for 33.8 percent of board members in 1994; in 1997 the rate stood at 36.9 percent (see Appendix 2). In 1997, women represented 41.1 percent of board members in establishments responsible for delivering health care and social services at the local level.

  5. In the public service, representation of women in executive positions rose significantly between April 1994 (21.8 percent) and March 1998 (28.5 percent). In particular, there was an increase in the number of female deputy ministers (from 14.3 percent to 27.6 percent), as well as assistant and associate deputy ministers (from 12 percent to 25.7 percent). Overall, women now represent one quarter of all executive positions, and are on the way to accounting for one third, thanks to the government's firm determination in this regard (see Appendix 3).

  6. There have also been gains with regard to the presence of women on the bench. In total, the proportion of female judges was 11.8 percent in 1994, while in 1997, the figure stood at 16.1 percent. In the municipal courts the ratio rose from 6 percent to 11 percent; in the Court of Québec, from 12 percent to 18 percent, and in the Superior Court, from around 12 percent to 18 percent. The proportion of women judges in the Court of Appeal has held steady at 25 percent (see Appendix 4).

Article 7 - Links to Convention and other sections
FED | NF | NS | NB | MB | AB | BC | NT

Article 8: Women as International Representatives

  1. Québec participated in all steps of the Fourth World Conference on Women (Beijing, China, September 1995). The province's contribution took the following shape:

  1. Between 1994 and 1998, the Secrétariat à la condition féminine [Secretariat on the Status of Women] participated in other international events dealing with various related themes:

  1. Québec's participation at the Beijing Conference highlighted the benefits of discussions with other governments with innovative or complementary strategies on women's issues, or with administrations that hope to take advantage of our knowledge in this area. The experience also emphasized the need for closer monitoring of international trends and an evaluation of their repercussions on our own policies.

  2. Accordingly, between 1996 and 1998, Québec sent task forces to Morocco, France and Tunisia, and signed an agreement with the latter for afive-year (1998-2002) cooperative program on women's rights and living conditions.

  3. From April 1994 to March 1998, the Office of the Status of Women hosted 23 delegations from as many different countries -- in particular Thailand, Japan, Belgium, Russia, Haiti, Benin, Rwanda, Tunisia and Morocco, all of which were interested in discussing women's issues.

  4. The Department of International Relations, which is involved in the 1997-2000 Action program, has undertaken to:

Article 8 - Links to Convention and other sections
FED | NS

Article 10: Education

  1. In the fields of education and training, the number of women with degrees in Québec continued to rise between 1994 and 1998 at all levels; in fact, women even constituted the majority of students at the college and undergraduate and graduate university levels.

Article 10(a): Access to Studies

  1. However,the breakdown by sex varies greatly according to field of study. There is an over-representation in traditional areas such as the social sciences, health, education and the arts, and an under-representation in the applied sciences, especially engineering, computer sciences, physics and data processing (see Appendices 5 and 6).

  2. In order to ensure that women are on the cutting edge of major economic trends, have access to well-paid jobs with a future, and participate fully in the knowledge-based economy, the government has undertaken a project aimed at supporting and sustaining the progress made by Québec women in science and technology. This is one of the three mobilization projects that form part of the 1997-2000 Action Plan for Women Throughout Québec.

  3. To carry out this project, an interdepartmental committee was struck in the spring of 1997. The committee is composed of departments and agencies that, by reason of their mission, are more directly involved with the problem and the approaches envisaged. The committee is to submit a government action plan designed to improve the situation.

  4. With regard to non-traditional occupations, the Department of Education has implemented various measures to enhance the career choices open to girls and women. In 1995, in cooperation with the business community and other sponsoring departments, the Department restored the "Chapeau, les filles!" competition, in which scholarships from $500 to $1,000 are awarded to regional winners who then become eligible for a number of provincial awards, such as paid internships and training periods abroad. Winners' names are announced at a public ceremony, which helps eliminate resistance to careers in non-traditional trades and occupations.

Article 10(e): The Same Opportunities for Adult and Functional Literacy Programs

  1. Thanks to a financial contribution of $300,000 (spread out over two years) from Québec's Department of Culture and Communications through the Information Highway Fund, the NetFemmes project was implemented in 1997-1998. The project goals included creating a website that is both a resource centre and a meeting place, and training women to use new information and communications technologies. NetFemmes is spearheaded by the Centre de documentation sur l'éducation des adultes et la condition féminine, in partnership with seven provincial women's groups numbering several thousand members, and the Regroupement québécois des chercheures féministes, an organization of more than 100 female researchers from the university, community and government sectors.

Article 10(g)

  1. In 1998, the Department of Municipal Affairs published a study paper entitled Les jeunes et l'activité physique, Situation préoccupante ou alarmante? [Young People and Physical Activity: Cause for Concern or Alarm?] for physical education teachers and sports instructors working with young people. The document pays particular attention to the situation of girls.

  2. Upon entering high school in Québec, only 46 percent of girls regularly engage in physical activity, as compared with a figure of 68 percent for boys. On average, teenage girls aged 12-17 spend barely four hours a week in physical activity, as compared to nine hours for boys the same age.

  3. The study paper gave rise to a major two-year (1998-2000) awareness campaign aimed at countering inactivity and obesity in young women. Kino-Québec, an agency of the Department of Municipal Affairs, will work with the Fédération des éducateurs et éducatrices physiques enseignants du Québec and the Québec Student Sport Federation in this endeavour.

Article 10 - Links to Convention and other sections
FED | NF | NS | NB | ON | MB | SK | AB | BC | NT | YK

Article 11: Employment

  1. In Québec's labour market, women are growing as an economic force, not only as qualified workers but as entrepreneurs. Since 1992, the participation rate of women has remained relatively constant at 54 percent.

  2. From 1994 to 1997, the unemployment figure for women dropped slightly from 11.3 percent to 10.8 percent, continuing to come in at below that for men, which stood at 11.9 percent. However, the length of unemployment rose. For women, the average unemployment period went from 24.8 weeks to 27.8 weeks, although this number still remained below the average figure for men, which was 34.5 weeks in 1997.

  3. Women still work in a restricted number of sectors. In 1996, almost 25 percent of the female labour force was concentrated in only five occupations-- secretary, sales clerk, cashier, accounting clerk and nurse. This concentration is much less noticeable among men (12 percent). Furthermore, the five main jobs occupied by women are generally less well paid than those dominated by men.

  4. At the same time, between 1994 and 1997, there was a growth in the number of women in more unstable jobs, such as part-time employment, temporary or contract employment, and self-employment.

  5. Between 1994 and 1997, an increasingly large proportion of the female labour force occupied part-time jobs, with more women, proportionally, in this type of work. In 1997, 27.3 percent of jobs occupied by women were part time, as compared with 25.6 percent in 1994. In contrast, the situation for men remained steady at a conspicuously lower rate of 10 percent.

  6. From 1994 to 1997, self-employment figures continued to rise. Women represented almost one-third of the self-employed and accounted for the increase in this type of work in the same proportion. The status of self-employed women is similar to that of their salaried counterparts: that is, proportionally more women occupy part-time jobs and earn less income than their male peers (70 percent of women, as compared with 28 percent of men, earn less than $10,000 per year). It is estimated that 43 percent of self-employed women work part time, while this is true for only 14.3 percent of self-employed men. Average income for all women for whom self-employment constitutes a main business or secondary activity is 40 percent below that for men in the same situation, and this discrepancy increases progressively with age.

  7. A committee established by the Department of Employment and Solidarity and the Department of Labour to examine the problem of self-employment submitted its report in November 1997. The government then pursued its deliberations by creating two working subcommittees, one on the status of self-employment and taxation, and the other on support for entrepreneurship, employment and job development.

  8. Close on the heels of the 1997-2000 Action Plan for Women Throughout Québec, a government task force on female entrepreneurship was established in April 1997. This task force filed its report, entitled Entreprendre au féminin [Enterprising Women], in November of the same year. The report's recommendations are aimed primarily at facilitating access to financing, networking and information for female entrepreneurs. To implement those recommendations, the Department of Industry, Commerce, Science and Technology made administrative changes at the regional level in order to help women take advantage of Department services. The government also announced the creation of a consulting group on entrepreneurship to advise it on the best measures to be taken in this regard.

  9. Despite an unfavourable economic climate, the number of businesses run by women has climbed dramatically. In 1994, approximately one firm in three was run by a woman; in 1991, the ratio was one in four. Over that period, the job growth rate in companies run by women was 13.6 percent. In 1994, these undertakings accounted for 358,200 jobs. However, female entrepreneurs are still found mainly in the traditional service sector.

  10. Access to credit is one of the main difficulties experienced by female entrepreneurs. There are marked discrepancies in this area between female and male entrepreneurs, and research has shown that companies run by women borrow from financial institutions less often than those run by men. Also, when female entrepreneurs apply for financing, they are turned down much more often than men (23 percent versus 14 percent). Financial institutions ask women who own businesses to put up a guarantee, security or collateral more often than their male counterparts (74 percent as compared with 64 percent). Women are also more likely to be required to have their spouse co-sign a loan (25 percent) than men (13 percent), and they often pay higher interest.

  11. Given these facts, in 1998 the Department of Industry and Commerce produced a video entitled Prêt pour un prêt in an effort to facilitate meetings with bankers. This tool comes with a plain language guide filled with examples that illustrate concepts and make financial jargon more understandable, enabling users to properly word their applications and prepare for negotiations.

  12. With regard to labour standards in the province of Québec, the hourly minimum wage rose from $6 on October 1, 1994, to $6.80 on October 1, 1997, a 13 percent increase in three years. Over the same period, the hourly rate for tip-earners went from $5.28 to $6.05, a hike of approximately 15 percent. These increases constitute a major gain for women since, in March 1998, the latter represented 61 percent of the province's 137,000 minimum-wage earners.

  13. Working conditions for live-in domestics have also improved. Between 1994 and 1997, minimum weekly compensation rose from $233 to $264, and the normal work week was reduced from 53 to 49 hours. Furthermore, since February 1, 1998, employers can no longer require live-in domestics to pay room and board, thus improving the working conditions of these employees even more.

  14. On November 21, 1996, the Government of Québec passed the Pay Equity Act (S.Q. 1996, c. 43), which came into effect on November 21, 1997.

  15. The purpose of the Act is to "redress differences in compensation due to the systemic gender discrimination suffered by persons who occupy positions in predominantly female job classes." It applies to any private or public sector firm with 10 or more employees.

  16. This legislation contains detailed provisions for implementing the pay equity process; it provides for employee participation and stipulates how to establish a pay equity program for companies with 50 or more employees.

  17. The Commission de l'équité salariale [Pay Equity Board] established under the Act puts a variety of tools at the disposal of employers to aid them in their endeavours. Employers have until November 21, 2001, to determine if adjustments in compensation are required, and until November 21, 2005, to pay such adjustments (in equal annual instalments). In the long run, it is hoped that the Pay Equity Act will make it possible to eliminate that portion of the wage gap, up to half, due to systemic discrimination (the other part being attributable to such factors as women's seniority, experience, lower educational level and lower unionization rate). Between 1995 and 1997, the last three years for which statistics are available, the ratio of average earnings for Québec women working full time year round varied at around 75 percent of that for men.

  18. Over the past 20 years, in the wake of economic recessions and market and industry changes, the spectre of poverty has continued to haunt Québec despite sustained government efforts to mitigate the problem. Certain population groups are more likely than others to become and remain poor. In this regard, the status of women continues to be of concern. In 1996, according to Statistics Canada's after-tax low-income cutoff (LICO) figures(1) (1992 base), about 42.1 percent of women under 65 living alone were below the low-income cutoff point, as compared with 36.2 percent of men. This discrepancy is exacerbated for people 65 and over, with the respective rates being 47.7 percent and 27.4 percent. The proportion of female single parents under the low-income cutoff is estimated to be 41 percent.

  19. The last Canadian Census, which took place in 1996, showed that single-parent families accounted for 16 percent of all families in Québec, and 82 percent of those were headed by women (after a breakup, women are most often given the custody of children). Between 1991 and 1996, however, there was a slight increase in the number of single-parent families headed by men (see Appendix 7).

  20. Access to employment represents the best individual means of fighting poverty, provided that the income earned is sufficient and stable. Accordingly, any action that improves labour market integration for women helps them ward off destitution and achieve economic independence, while at the same time contributing toward the fight against social injustice.

  21. The Québec government, aware of the seriousness of the situation, took several initiatives at the Summit Conference on the Economy and Employment in October 1996, in particular by establishing the Anti-Poverty Fund and providing support for the development of a social economy, in response to requests from women's groups.

  22. At the October 1996 Summit, union, management and community groups suggested that a gesture of solidarity be made toward the poorest of the poor, and reached a consensus on the creation of a special $250 million fund. This Anti-Poverty Fund, to be allocated over three years, is made up of equal contributions from individuals and companies, including financial institutions. The Act to Establish a Fund to Combat Poverty Through Reintegration Into the Labour Market (S.Q. 1997, c. 28) was given assent by the National Assembly on June 12, 1997. For the first fiscal year, ended March 1998, women were the recipients of 29 percent of all jobs created by Fund-related projects. If forestry development projects are excluded, that figure rises to 64 percent. Women represented 51 percent of training program participants and 39 percent of those involved in job integration activities and private enterprise internships.

  23. In June 1995, the "Bread and Roses" Women's March against Poverty Coalition submitted nine demands to the government, one of which was for a social infrastructure program. At the conclusion of the march, a policy and coordinating committee on social economics made up of representatives from women's groups was formed to advise the government on encouraging stable jobs in related fields. In May 1996, a report was filed and regional social economy committees were established to examine viable projects.

  24. Province-wide, the Summit Conference on the Economy and Employment provided an impetus for the social economy through financial support for a number of specific projects. By March 1998, thanks to this initiative, 2,629 jobs had been created and 611 had been consolidated (no gender-based data on job distribution are yet available for this first year).

  25. In 1997, concrete measures were taken to promote access to employability development, training and labour force integration for female income security recipients and single parents whose youngest child had reached the age of 5. Between May 1, 1997 and April1, 1998, 2,884 of these women took advantage of the measures in question, as part of a process based on action adapted to their needs and involving the cooperation of community and institutional agencies.

  26. In an effort to develop a specific strategy for under-employed groups, the Québec Government has provided financial and technical support for a number of different advisory committees. The Comité aviseur Femmes [Advisory Committee on Women] was established in November 1996 to optimize the government's ability to act on women's issues. Integrating women into the labour force and keeping them there involves special considerations and demands a specific approach. The Committee, which reports to Employment Québec, includes women from all areas of the province who work in local and regional development.

  27. As part of the reform of public housing assistance for low-income families, especially single-parent families, the Québec government, in 1997, adopted certain strategies and an action plan. This reform resulted in:

  1. With respect to the fight against poverty, it is important to mention the basic issue of access to housing free from discrimination based on any of the criteria in the Québec Charter of Human Rights and Freedoms. The Human and Youth Rights Commission has made impressive legal gains in this regard that have particular significance for women. In a case brought before the Commission on behalf of a social assistance recipient who had been refused housing, the Human Rights Tribunal concluded that, since the landlord had not bothered to inquire as to the woman's actual ability to pay rent, the complainant had been discriminated against on the basis of her social condition (Commission des droits de la personne et des droits de la jeunesse du Québec v. J.M. Brouillette Inc. (1996), 23 C.H.R.R. D/495). Furthermore, Québec courts have recognized that the refusal to let a dwelling on the pretext that, for example, three people should not occupy a 4½-room unit, constitutes a discriminatory practice because it prevents access by families with children, thus constituting indirect discrimination based on age (of the children) (Desroches v. Commission des droits de la personne and des droits de la jeunesse, [1997] R.J.Q. 1540 (C.A.)).

Article 11(1)(e)

  1. The Act Respecting Prescription Drug Insurance and Amending Various Legislative Provisions (S.Q. 1996, c. 32) was passed in 1996. The new drug insurance plan gives everyone in Québec reasonable economic access to prescription medication. Almost 1.5 million Québeckers who previously did not have enough coverage benefitted from this insurance when it came into effect in January 1997. The plan entitles every Québec resident registered with the provincial health insurance board to basic pharmaceutical service and drug coverage.

  2. As part of the initiatives taken to stimulate job creation in the social economy sector, a mechanism facilitating the payment of individuals working in the home care field -- the service employment paycheque -- was implemented in 1997. The goal of this measure was to reduce paperwork for the disabled and dependent seniors, provide a social safety net for home care workers, and reduce the incidence of unreported work in the social economics sector. Because of the type of home care eligible under the program (housekeeping, direct patient care, child care, etc.), the safety net for many female home care workers should become stronger, as employers -- i.e., the disabled and dependent seniors -- are now obliged to pay employer contributions to the Québec Pension Plan and Employment Insurance.

  3. In October 1996, Québec's Workers Compensation Board, in cooperation with the Social Affairs Sector of the Association pour la santé et la sécurité du travail [Occupational Health and Safety Association], launched a project aimed at preventing injuries related to daycare work.

  4. The project consisted of gathering complete data on daycare personnel, conducting an awareness campaign on "How to Live in a Child's World" [Comment vivre dans le monde des petits], and developing prevention tools (brochure, video, poster, newsletter). These tools, which were distributed to 1,200 daycares, are aimed at more than 10,000 daycare workers, 98 percent of whom are women.

  5. In 1996, 532 daycare staff received Workers Compensation benefits; for the same year, 28,500 days of work were lost because of absences stemming from a work accident or occupational illness, for an average length of 54 days per incident.

Article 11(2)(a)

  1. During the period from April 1, 1994 to March 31, 1998 inclusively, the main legal decisions rendered in the employment sector by the Human Rights Tribunal bore on the application of s. 10 (discrimination on the grounds of sex or pregnancy) and s. 10.1 (sexual harassment) of Québec's Charter of Human Rights and Freedoms. Of the 17 cases in question, six dealt with sexual harassment, five with discrimination on the grounds of pregnancy, one with sexual discrimination, three with both sexual discrimination and sexual harassment, and two with discrimination and harassment based on sex, age and social condition. Of these complaints, the Tribunal allowed ten and dismissed seven (see Appendix 8).

Article 11(2)(b) and (c)

  1. In June 1997, the Government of Québec published the Livre blanc des nouvelles dispositions de la politique familiale [White Paper on New Elements of the Family Policy]. This policy was designed to facilitate a reconciliation of parents' family and professional responsibilities, provide financial assistance for low-income families, develop early childhood education services, and support maternity and paternity. The policy's three main areas of action are: tax reform and family allowances, educational and early childhood services, and maternity and parental leave benefits.

  2. With regard to educational services, since September 1997, the government has offered full-time Kindergarten to all children in the province. Although attendance is optional, 99 percent of 5-year-olds attend Kindergarten.

  3. With respect to early childhood services, in September 1997, the Department of Child and Family Welfare (MFE) turned existing non-profit daycares and child care agencies into a network of early childhood centres providing services for children four years and under. In 1997-98, these services were available at a cost of $5 per day, and free of charge for parents on social assistance, for children in that age group. The MFE also allocated $205.7 million in operating grants to early childhood centres and $28.3 million to commercial daycares.

  4. As of March 31, 1998, the MFE had injected almost $2.5 million into the creation of new early childhood education spaces, representing an increase of 80 percent over the budget for the previous year. Part of that sum, or approximately $650,000, went toward new spaces for 4-year-olds from disadvantaged homes in the Montréal area. An amount of $92.9 million was also paid out as tax relief and child care assistance for low-income families.

  5. Also at the same date, the Department of Child and Family Welfare was offering a total of 82,302 child care spaces, either in daycares or private homes, and the Department of Education provided 92,721 children with school daycare.

  6. The new family allowance has replaced or modified certain programs previously in effect. Since September 1997, the allowance has varied in accordance with family status (single- or two-parent family), family income and number of children, and represented a sum of $407.2 million for the period from September 1, 1997 to March 31, 1998.

  7. Family allowances are not the only source of financial assistance provided by the Government of Québec -- several tax provisions are also available.

  8. In 1997, the Act Respecting Labour Standards (S.Q. 1997, c. 10) was amended to extend parental leave from 34 to 52 weeks.

Article 11 - Links to Convention and other sections
FED | NF | NS | NB | ON | MB | SK | AB | BC | YK

Article 12: Health

  1. In the area of women's health in November 1996, the Department of Health and Social Services (MSSS) published Derrière les apparences [Beyond Appearances], a monograph on the health and living conditions of women that takes Santé Québec 1987 survey data, the findings of other specialized studies, and the results of the social and health survey conducted by Santé Québec in 1992-93, and puts them all into perspective. The work discusses developments in women's health and living conditions as well as women's own health concerns.

  2. The most significant finding of the surveys was the impact of social and economic conditions on health. Poor women -- i.e., single parents and elderly women living alone -- are seriously at risk from several health viewpoints. Certain key times of life, such as adolescence and old age, also seem more difficult and stressful for women. Even more significant, perhaps, are the numerous links between social status, health profile and behaviour.

  3. The MSSS has developed a 1997-2000 action plan on women's health, wellness and living conditions that contains a number of measures designed to improve women's health and well-being. This action plan gives priority to evaluating the impact of network developments on families, relatives and workers, with the focus primarily on service organization changes and their consequences for caregivers and workers, who are mainly women. Related research projects are currently being planned or conducted.

  4. The MSSS has also established the following measures to facilitate the task of caregivers:

  1. These services are used 85 percent by women. A three-year, $5-million recurring budget has been allocated to reduce call waiting time and increase response capabilities.

Article 12(1)

  1. In Canada, Québec has the highest number of cases of AIDS among women and children. It is estimated that between 50 and 60 new cases are diagnosed annually among Québec women, most of whom are between 25 and 40 years of age. At December 31, 1996, 466 cumulative cases of AIDS had been reported among women in the province. Data on risk factors show that 29 percent of cases of AIDS in adult Québec women are associated with heterosexual contact as the presumed source of infection.

  2. In June 1997, the Department of Health and Social Services announced Phase IV of its Strategy for Combating AIDS, 1997-2002 [Stratégie québécoise de lutte contre le sida, 1997-2002]. This phase will involve the consolidation and optimization of measures that have achieved positive results and the adoption of practices that meet the needs of vulnerable groups. Action will be geared toward three priority areas: prevention, basic and clinical research, and the organization of care and services.

  3. In May 1997, the Department announced the implementation of a program aimed at significantly reducing the transmission of HIV from mother to child by means of an effective, currently available treatment.

  4. The goal of the program is to ensure that all pregnant women and those trying to become pregnant are provided with pertinent information on HIV antibody tests and zidovudine therapy (ZDV or AZT). All pregnant women will be given the opportunity by their physician to take such a test, free of charge and on a voluntary basis.

  5. In Québec in 1996, according to estimates on the detection of breast cancer:

  1. The Québec Breast Cancer Screening Program launched in October 1997 is open to all women aged 50-69. These women are urged to have a screening mammogram every two years. The program's objective is to reduce deaths due to breast cancer among Québec women in this age group (a population of some 750,000) by at least 25 percent over 10 years. The program will be implemented gradually in accordance with the specific needs, resources and problems of each region. An annual budget of $1.75 million has been allocated for the various activities involved, especially regional implementation.

  2. In 1994, 29 percent of high school students smoked, as compared with 19 percent in 1991. This increase is especially notable among girls at all high school levels, whereas among boys the increase in prevalence is less significant.

  3. A 1996 survey on smoking among young people showed that the habit was still on an upswing. Thirty-eight percent of all respondents said they smoked regularly or occasionally, with girls outnumbering boys 43 percent to 33 percent.

  4. In 1994, in an effort to mount an effective campaign against smoking, Québec's Department of Health and Social Services designed and distributed an action plan centred on three main areas: prevention, protection for non-smokers and cessation. The plan is based on internationally recognized principles and strategies.

  5. To properly understand Québec's specific situation as concerns early pregnancy, one must statistically place the phenomenon in a wider context. The rate of early pregnancies in Québec has long been lower than that in the rest of Canada. In the under-18 age group, the Canadian rate was 25.2 per 1,000 in 1980 and 25 per 1,000 in 1993. In Québec, the figure was 12.2 per 1,000 in 1980 and reached a ceiling of 19.8 per 1,000 in 1993. On the international front, at the end of the 1980s, Québec's rate for women in the 15-19 age group was 37 per 1,000, close to that of Sweden (35 per 1,000); the rate in the United States was 97 per 1,000.

  6. A number of variables may explain the rise in the pregnancy rate among women under age 18 in Québec between 1980 and 1992. First, Québec has historically had a low early pregnancy rate because of strong condemnation from Catholic institutions. Second, the province witnessed a marked increase in the number of sexually active young people and a decrease in the average age at which sexual relations first occurred. Third, the fertility rate among teenage girls from poor homes is significantly higher; the difficult economic climate of the past few years may thus have been a contributing factor. Fourth, sex education services provided by the health and social services network and educational system have reached a plateau, if not declined.

  7. The latest available statistics also show that the pregnancy rate among girls under 18 has stabilized, and even started to decline. For 1993, 1994 and 1995, the rate was 19.8, 19.0 and 18.5 per 1,000, respectively. This downward trend may be due in particular to the use of contraceptives such as condoms and the pill.

  8. However, this reduction is found mainly among 16- and 17-year-olds; the rate for girls under age 15 appears to still be climbing (4.4, 4.6 and 5.4 per 1,000 in 1993, 1994 and 1995, respectively).

  9. Although the situation is less alarming in Québec than elsewhere, the government nonetheless decided that, given the often dramatic consequences of early pregnancy, it was essential to take action to prevent such pregnancies and support teenage mothers. Accordingly, the problem is one of the priorities of the 1997-2000 Action Plan for Women Throughout Québec. A committee of representatives from the various government departments concerned was established and given a mandate to develop government-wide strategies and an action plan. The committee's goal is basically to promote joint action and coordination in all sectors.

Article 12(2)

  1. The perinatal policy of the Department of Health and Social Services addresses the fact that needy pregnant women and future parents make such little use of the perinatal services offered by CLSCs. A pilot project was therefore carried out in 1995 in three areas of Québec (Eastern Townships, Laurentians, Montréal-Centre) to evaluate the possibility of having Labour-Québec centres and CLSCs cooperate in referring pregnant income security recipients to perinatal services provided by CLSCs and community agencies. The evaluation report, which was published in 1996, allowed the project to be extended to all areas of the province, an operation scheduled over three years.

  2. According to 1995 MSSS statistics, approximately 30 percent of the some 27,000 women who obtain an elective abortion each year must travel to another health and social services region to obtain this service. About one third of all elective abortions are conducted at women's health care centres and specialized clinics that do not receive funding from the health network. These organizations must charge between $150 and $550 for expenses other than doctor's fees, for an average of $350 per abortion. In February 1996, the Department of Health and Social Services announced its family planning strategy, which comprised two priority objectives: a reduction in pregnancies among girls under 18, and improved access to family planning services, in particular abortions, in all areas of the province. Once these strategies had been adopted, regional health and social services boards began developing their own action plans to implement the two objectives.

  3. In December 1997, the Conseil d'évaluation des projets-pilotes, a multi-disciplinary agency established under the Act Respecting the Practice of Midwifery Within the Framework of Pilot Projects (S.Q. 1990, c. 12), submitted its recommendations to the two government ministers concerned. The main recommendations were that:

  1. In the spring of 1998, the Government of Québec undertook to follow up on the report and gave the Québec Professions Board a mandate to consult the stakeholders on a model for exclusive practice for midwives.

Article 12 - Links to Convention and other sections
FED | NF | NS | NB | ON | SK | AB | BC | NT | YK

Article 13: Economics and Social Life

  1. According to 1994 data, nearly 50 percent of marriages end in divorce. The consequences of such breakups are numerous. At the economic level alone, in 1994, 60 percent of single-parent families lived in poverty, as compared with 13 percent of two-parent families. Women and children are particularly affected, as 82 percent of all single parents are women.

  2. The factors behind this state of affairs include spousal failure to pay regular child support and insufficient support amounts.

  3. In 1995, Québec passed the Act to Facilitate the Payment of Support (S.Q. 1996, c. 18). This legislation created a universal system of child support collection by the Department of Revenue, which then pays the custodial parent. The Act also respects the independence of the individuals involved: the court can, under certain conditions and if it is convinced that both parties have consented freely, exempt the non-custodial parent from the obligation to pay child support to the Minister of Revenue.

  4. Despite the corrective measures required to reduce administrative delays, the system has proven satisfactory, allowing for an increase in voluntary child support payments from 45 percent to 74 percent, according to the Auditor General's Report, 1997-1998.

  5. Once the Act had come into effect, a follow-up committee was established to evaluate the program, make recommendations on how to rectify the situation, where applicable, and develop indicators to monitor results. The committee is to submit a report to the government by December 1, 2000, five years after the Act came into effect.

  6. Since January 1, 1998, child support payments ordered by the court in the case of divorce or separation, inter alia, have been indexed in keeping with the terms of the judgment, or, failing this, automatically on January 1st of every year, in accordance with the annual pension index. Annual indexation makes it possible to maintain the real monetary value of child support.

  7. Before May 1, 1997, federal and provincial tax legislation obliged custodial parents to include child support in the calculation of their income, even though non-custodial parents could deduct support paid. This tax treatment was the subject of a dispute before the courts.

  8. In June 1995, the Supreme Court recognized the legal validity of the tax rules in question. However, given public pressure and the problems generated by the tax treatment concerned, the government decided to make child support tax exempt -- i.e., to no longer require custodial parents to declare it as taxable income or allow non-custodial parents to deduct it from their income.

  9. This measure became effective on May 1, 1997, and applies to any judgment or written agreement concluded after April 30, 1997, that provides for the payment of child support or revises the amount of such support after that date.

  10. Giving child support tax exempt status means that the custodial parent (in most cases, the parent with the lower income), not the non-custodial parent, is able to make greatest use of tax advantages.

  11. The insufficiency of child support amounts is another factor in the poverty of women and children after a marriage breakdown. Accordingly, the Québec government developed a model for determining child support payments that came into force on May 1, 1997, at the same time as the federal model.

  12. Under the new system, the support amount is calculated in accordance with the income of both parents, the number of children involved, the nature of the custodial arrangement and certain additional expenses, where applicable (medical costs, etc.)

  13. However, the court may, if it is of the opinion that the amount of the payment determined under the model would result in undue hardship for one of the parents, or if the parents come to some other agreement that meets the child's needs, set support at a level other than that which would normally apply.

  14. The rules for determining child support adopted in 1997 reduce ambiguity and the likelihood of contingencies and confrontations by setting forth specific criteria and rates governing particular situations, thus resulting in more rapid settlement of disputes and less stress between parties. The Québec model also affirms the joint responsibility of parents toward their children, and makes support a top priority with respect to any expenses over and above the non-custodial parent's basic needs.

  15. The Department of Justice, which is responsible for enforcing the model, is to submit a report within three years of its coming into force, that is, by May 2000.

  16. In Québec, both the provincial and federal government collect income taxes. Québec is the only provincial government in the country to have its own tax collection system. Like the federal government, Québec treats individuals as tax units and enforces "progressive taxation," a system under which taxpayers with a greater ability to pay are more heavily taxed. The Québec system thus encourages the independence of individuals within the same household and a certain redistribution of the wealth of average- and high-income earners to those less affluent. Québec has also implemented several tax measures (deductions and tax credits) that are adapted to its particular aims and recognize certain special situations, such as the additional costs assumed by families with children.

  17. Since January 1998, with the coming into effect of the tax reform for individuals, the tax burden on Québeckers has been reduced by approximately $500 million. Measures under the reform include a reduction in personal income tax, especially for low-income earners, and the promotion of labour force integration for low-income earners. If one considers that women generally earn less than men (Article 11) and that their participation in the work force is often influenced by taxation, the reform should have positive benefits for this half of the population.

  18. The reform also completes the initiatives implemented under the new family policy (Article 11(2)) by improving financial support to families via the tax system. Income for couples with children and single parents will increase as a result of this reform. Tax assistance for families with children is aimed primarily at recognizing the additional costs involved in meeting the basic needs of children (tax credit for dependent children), encouraging parents to join the work force (child care expense credit), and reducing the tax burden on low-income families (reduced income taxes for families).

Article 13 - Links to Convention and other sections
FED | NF | NS | NB | ON | MB | SK | AB | BC | YK

Article 14: Rural Women

  1. In the area of agriculture, although girls have more years of schooling than boys, they are still not perceived as andidates for taking over the family business. The Department of Agriculture, Fisheries and Food is continuing to encourage the next generation of women farmers, awarding special mention to parents who support their daughters in this area of endeavour and granting scholarships to women enrolled in vocational dairy farming diploma programs. These measures seem to be producing conclusive results: the number of women 40 years and under designated to take over the family farm rose from 142 in 1995 to 422 in 1997.

Article 14 - Links to Convention and other sections
FED | NS | NS | NB | MB | ON | MB | SK | BC | YK

Articles 15 and 16: Legal Rights and Women and the Family

  1. In Québec, gender equality is fully ensured in law. One of the key moments that marked this process was in 1964, when the province put an end to the legal incapacity of married women.

  2. In 1975, the Charter of Human Rights and Freedoms officially prohibited, for the first time, any type of gender-based discrimination. The Charter was amended in 1982 to add pregnancy and harassment, and particularly sexual harassment, as prohibited grounds of discrimination.

  3. In the early 1980s, an in-depth reform of family law improved legal protection for married women by recognizing their complete equality to exercise their civil rights, stipulating, in particular, that spouses have joint responsibility for the moral and material direction of the family and the exercise of parental authority. The reform also provided protection for the family residence by introducing a new remedy -- the compensatory allowance -- in case of separation, divorce or death.

  4. Lastly, 1989 saw the passage of the Act to Amend the Civil Code of Québec and Other Legislation in Order to Favour Economic Equality Between Spouses. The Act deals with the division of family assets following a marriage breakdown; such assets consist primarily of family residences, household furniture, motor vehicles used for family travel, contributions made during the marriage by each spouse to the Québec Pension Plan, and benefits accrued during the marriage under a retirement plan. These basic reforms were followed by a variety of other measures, notably those relating to employment contained in the Pay Equity Act (S.Q. 1996, c. 43).

Article 15 - Links to Conventionand other sections
FED | NS | NB | AB | BC

Article 16 - Links to Conventionand other sections
FED | NF | NS | NB | MB | AB | BC

Appendices