CEDAW

PART I

Land and people

The Republic of Lithuania is located on the eastern Baltic coast. It borders with Latvia to the north, Belarus to the east, and Poland and the Kaliningrad region of the Russian Federation to the south. Lithuania covers an area of 65,300 square kilometres. At the beginning of 1998 the population tottaled 3,704 thousand. The capital of Lithuania is Vilnius.

Average income per capita: in the 1st quarter of 1998, it was Lt 452, and average disposable income per capita was Lt 393.7.
GDP: in 1996, constituted Lt 31,569 million, and in 1997, Lt 38,201 million.
Rate of inflation has been decreasing in recent years: in 1994, it comprised 45.1 per cent, and in 1997, 8.4 per cent.
External debt: as of July 1, 1998, it comprised USD 1402,70 million.
Rate of unemployment: in 1997, it constituted 5.9 per cent, in April 1998, 6.9 per cent.
Literacy rate: According to the census of 1989, 99.8 per cent of the population from 9 to 49 years of age were literate.
Religion: the majority of the populations are Roman Catholic.
Ethnic composition of the population: according to the data of the beginning of 1997, Lithuanians comprised 81.6 per cent, Russians 8.2, Poles 6.9, Belarussians 1.5, Ukrainians 1.0, Jews 0.1 and other nationalities 0.7 per cent.
Life expectancy: in 1996, it was expected to be 65.0 for men and 76.1 for women.
Infant mortality: in 1997, 391 children under 1 year of age died, of them 210 in urban areas and 181 in rural areas. There were 10 deaths of children under 1 year of age to 1000 births (8.8 in urban areas, 12.9 in rural areas). There were 226 deaths among children aged 30 days, and 165 deaths were among those 7 days of age.
Maternal mortality: in 1997, 6 women died of complications during pregnancy, delivery and postnatal period. There were 0.8 deaths to 100 thousand women between 15 and 49 years of age.
Fertility rate: in 1997, 40 babies were born to 1,000 women 15-49 years of age. The total fertility rate (TFR) was 1.39.
Composition of the population by age and place of residence: at the beginning of 1998, children 0-14 years of age comprised 21 per cent, and persons 65 years of age and older 12.7 per cent of the total number of the population. Urban dwellers constituted 68.3 per cent, and rural dwellers 31.7 per cent.
Households headed by women comprised 45 per cent (the breadwinner is considered to be the person with the highest income).

General political structure

The name of Lithuania was mentioned in the historical annals for the first time in 1009. In the 13th century Lithuania emerged as a centralised medieval state. In 1385, Lithuania adopted officially the Roman Catholic faith and concluded a dynastic union with Poland, which turned into a commonwealth of two nations in 1568. Following protracted wars Lithuania and Poland were divided in three successive partitions - in 1772, 1793 and 1795 - among the Russian, Austro-Hungarian and Prussian empires. Almost the whole of Lithuania was incorporated into the Russian empire. In the 19th century Lithuania experienced a hard national and religious oppression by the Russian tsarist rule. The national liberation movement was gradually evolving in the struggle against this rule .

During World War I Lithuania was occupied by Germany (1915-18). On February 16, 1918 (Independence Day), the Lithuanian Council declared the Republic of Lithuania. During the twenty years of independence Lithuania attained significant results in the spheres of economy and culture. The Lithuanian State was recognised at the international level and became a member of the League of Nations.

In 1939, by the secret protocols of the Molotov-Ribbentrop pact, Stalin and Hitler divided Central Europe into spheres of influence. In 1940 the Soviet Union occupied and annexed Lithuania and declared the Soviet Socialist Republic of Lithuania. During World War II Lithuania was occupied by the Nazi Germany. The SS and Gestapo organised annihilation of the 250 thousand Lithuanian Jews. In 1944 the Red Army re-occupied Lithuania. Lithuanian guerrillas put up a resistance and continued their struggle up to 1953. The Soviet Union renewed the deportations of the population which began before the war. About 250 thousand inhabitants of Lithuania were deported to Siberia or the Arctic.

The Soviet power destroyed the traditional structure of Lithuania's market, expropriated private property, centralised the economy and incorporated it into the common economic space of the Soviet Union. Political democracy was eliminated, and the society was controlled by the Communist Party and the KGB which imposed strict censorship also on the cultural life of the country.

Most democratic states never recognised Lithuania's incorporation into the Soviet Union. Lithuanian prewar diplomatic missions continued their activities abroad up to 1991. The Lithuanian nation never lost its identity and hope to restore the state. In the first democratic elections in 1988, the Lithuanian reform movement Sàjûdis ("Movement") defeated the Communist Party. On March 11, 1990 the newly elected Lithuanian Supreme Council promulgated the restoration of the independence of the Republic of Lithuania. Seeking to halt Lithuania's self-liberation the Soviet Union imposed an economic blockade on Lithuania, and in January 1991 it made an unsuccessful attempt to take the state power over.

Iceland was the first to recognise Lithuania (February 12, 1991). After the failed coup d'etat in Moscow in August 1991, independence of Lithuania was ultimately recognised by the Soviet Union. On September 17, 1991 Lithuania joined the United Nations Organisation. In March 1993, Lithuania was admitted to the Council of Europe. On August 31, 1993 the Soviet troops were finally withdrawn from Lithuania. Since 1994 Lithuania has been participating in NATO's Partnership for Peace Programme. In 1995, it signed the Association Agreement with the European Union. Membership in NATO and the European Union are the pivotal foreign policy goals of the Republic of Lithuania.

The State of Lithuania is an independent democratic republic with the basic principles of a free market, the rule of law and democracy firmly established: a multiparty system has taken root, free and independent elections have become a norm of life, the Constitution and the laws are adhered to, human rights are respected, national minorities enjoy broad rights and are not discriminated, and the mass media enjoy freedom.

According to the Constitution adopted at the popular referendum on October 25, 1992, the powers of the State are exercised by the Seimas (Parliament), the President of the Republic and the Government, and the Judiciary.

The Seimas is the legislative institution in Lithuania. The Seimas consists of representatives of the People - 141 Seimas member who are elected for a four-year term on the basis of universal, equal and direct suffrage by secret ballot. After the restoration of independence, two elections to the Seimas took place, in 1992 and 1996. In the Seimas, members of parliament work in political parliamentary factions, standing committees and commissions. The Seimas considers and adopts amendments to the Constitution, passes laws, adopts resolutions concerning referendums, announces presidential elections of the Republic of Lithuania as well as local elections; establishes State institutions provided by laws, appoints and dismisses their chief officers; approves or rejects the candidature of the Prime Minister proposed by the President of the Republic; considers the programme of the Government, and decides whether to approve it or not; supervises the activities of the Government; imposes direct administration, martial law or state of emergency, announces mobilisation and adopts a decision to use the armed forces.

The President of the Republic is the head of the State. He represents the State of Lithuania. The President of the Republic is elected by the citizens of the Republic of Lithuania for a five-year term of office on the basis of universal, equal and direct suffrage by secret ballot. The same person may not be elected to the office of the President for more than two successive terms of office.

The President of Lithuania settles basic issues of foreign policy and conducts foreign policy in conjunction with the Government; upon approval of the Seimas appoints and dismisses the Prime Minister, authorises him to form the Government and endorses its composition; accepts resignation from the Government and ministers and may authorise them to act in a particular capacity; upon a proposal of the Prime Minister appoints and dismisses ministers; appoints and dismisses, according to the established procedure, state officers provided by law; in the event of an armed attack which threatens the sovereignty of the State or territorial integrity, adopts decisions concerning defence against such armed aggression, imposition of martial law, as well as mobilisation, and submits these decisions to the next sitting of the Seimas for approval; declares state of emergency according to the procedure and cases established by law, and submits this decision to the next sitting of the Seimas for approval; makes annual reports in the Seimas about the situation in Lithuania, domestic and foreign policy of the Republic of Lithuania; signs and promulgates laws adopted by the Seimas or refers them back to the Seimas. In executing the powers entrusted to him, the President issues acts-decrees.

The Government of the Republic of Lithuania consists of the Prime Minister and ministers. The Prime Minister is appointed and dismissed by the President upon the approval of the Seimas. He appoints and dismisses ministers upon the proposal of the Prime Minister. The Prime Minister, within 15 days from his appointment, presents to the Seimas the Government formed thereby and approved by the President, and submits its programme for consideration. After the Seimas elections or upon electing the President, the Government returns its powers to the President of Lithuania. The new Government is empowered to act after its programme has been approved by the majority of the Seimas members participating in the Seimas sitting.

The Government of the Republic of Lithuania administers the affairs of the country, protects the inviolability of the territory of the Republic of Lithuania, ensures State security and public order; implements laws and the resolutions of the Seimas on the implementation of laws, as well as the decrees of the President; co-ordinates the activities of ministries and other government institutions; prepares drafts of the national budget and submits it to the Seimas; implements the national budget, submits statements of the budget performance to the Seimas; prepares draft laws and presents them to the Seimas for consideration; establishes diplomatic relations and maintains relations with foreign states and international organisations; fulfils other duties entrusted by the Constitution and other laws.

The Republic of Lithuania is divided into 56 administrative units: 12 cities and 44 regions. The territorial administrative units provided by law are entitled to the right of self-government. This right is implemented through appropriate local government councils. Members of local government councils are elected for a three-year term of office by the residents of an administrative unit - citizens of the Republic of Lithuania - on the basis of universal, equal and direct suffrage by secret ballot. The procedure for the organisation and activities of self-government institutions is established by law.

In the Republic of Lithuania, the courts have the exclusive right to administer justice. The courts are independent. The Constitutional Court decides whether laws and other legal acts of the Seimas comply with the Constitution, and whether the acts of the President and of the Government comply with the Constitution and the laws. The status of the Constitutional Court and the procedure of the implementation of powers thereof is established by the Law on the Constitutional Court of the Republic of Lithuania. The court system of the Republic of Lithuania consists of the Supreme Court, the Court of Appeal, district and local courts.

State Control supervises the legality of the management and use of State property as well as the performance of the national budget. Citizens' complaints concerning abuse of official position or bureaucracy by state and local government officials (except judges) are investigated by the Seimas Ombudsmen. They have the right to recommend to the court to dismiss the officials at fault from their posts. The Seimas Ombudsmen's Office started functioning since March 31, 1995.

General legal framework within which human rights are protected

(a) terms of reference of national institutions on the issues of human rights

Following the existing laws, in the Republic of Lithuania all of its citizens as well as citizens of other sates and persons without citizenship (unless the laws of the Republic of Lithuania provide otherwise) have the right to legal defence against attempt on their life and health, personal freedom, property, honour and dignity and other rights and freedoms guaranteed to them by the Constitution and laws of the Republic of Lithuania, as well as legal defence against the actions or inaction of the state and government institutions and officials. Therefore, according to the laws of the Republic of Lithuania every interested person has the right to appeal to court in the procedure established by law in order to defend his right which was violated or disputed, or his legitimate interest. It should also be noted that in the Republic of Lithuania there is the Seimas Ombudsmen's Office which investigates into complaints against abuse of official position and bureaucracy by state and local officials. Recently a post of State Consultant on Human Rights was established within the Government.
(b) remedies available to a person who claims that his rights have been violated

The Courts of the Republic of Lithuania, as well as the arbitration may apply the following measures of legal defence: recognition of rights; restoration of the status which existed prior to the infringement of the law; a sentence to fulfil the duty in kind; recovering damages from the person who violated the law; other measures provided for in laws.
(c) protection of rights and freedoms referred to in the international human rights instruments in the legal system of the Republic of Lithuania

All the basic human rights are established in the Constitution of the Republic of Lithuania: Chapters II ("The Individual and the State"), III, IV and XIII and the Preamble. All persons falling under the jurisdiction of the Republic of Lithuania acquire basic rights and freedoms defined in the provisions of the Constitution. Specific ways of realisation of these rights are established by other laws of the country. At the same time the Constitution of the Republic of Lithuania (Article 145) stipulates that during martial law or state of emergency the rights and freedoms connected with a person's private life, property, inviolability of the dwelling, freedom of convictions, movement, association and meetings may be temporarily restricted.

(d) implementation of the human rights instruments in the legal system of Lithuania

The Republic of Lithuania is a party to the fundamental both universal and regional (i.e. Council of Europe) human rights documents.

Speaking about the implementation of the norms established in legal documents, it should be noted first of all that the system of co-ordination between international and domestic law which has been chosen by the Republic of Lithuania is based on the principle that international treaties are transformed in the State's legal system, i.e. are incorporated into it. The Constitution of the Republic of Lithuania (Part 3 Art. 138) stipulates that the international treaties ratified by the Seimas of the Republic of Lithuania are a constituent part of the domestic legal system. Following the laws of the Republic of Lithuania, the act of ratification grants a particular international legal document the powers superior to those of the laws of the Republic of Lithuania.*

However, as international treaties do not usually define ways of implementation of rights, legal responsibility for violations, terms of reference of appropriate national institutions, etc., national laws are applied in order to implement the human rights established in these (ratified) treaties.**

e) regarding direct application of the provisions of the international human rights instruments

As was noted before, international treaties (conventions) ratified by the Seimas become an integral part of the national law. This means that there are no obstacles for a direct application of the provisions of these treaties in the courts of Lithuania and other institutions conducting legal defence.

f) regarding an institution or national machinery with responsibility for overseeing the implementation of human rights

It should be noted that there is no special institution entrusted with the supervision of the process of human rights' enforcement in the Republic of Lithuania. Nevertheless, it is one of the goals of the Government's policy to guarantee human rights. Therefore, the supervision of human rights' enforcement in the Republic of Lithuania is pursued by government institutions, the Ministry of Justice in particular, and certain special institutions, like the Department of Regional Problems and National Minorities, Children's Rights Protection Service and others.

Information and publicity

International human rights instruments which Lithuania is a party to are translated into the Lithuanian language and published. When ratified by the Seimas they acquire the power of the law and their observance is guaranteed by the Government of the Republic of Lithuania.

PART II

Article 1 and 2

Unlike the Convention, the Lithuanian legal system does not provide for an official definition of the concept of "women's discrimination". However, several draft laws on equal opportunities have been prepared (currently they are under consideration in the Seimas and among the public) where this concept is clearly defined and corresponds with the definition of discrimination provided for in Article 1 of the Convention.

Requirements of Item (a) Article 2 of the Convention are fully implemented in Article 29 of the Constitution of the Republic of Lithuania: "All people shall be equal before the law, the court, and other State institutions and officers. A person may not have his rights restricted in any way or be granted any privileges, on the basis of his or her sex, race, nationality, language, origin, social status, religion, convictions, or opinions." The actual implementation of this provision of the Convention and of Article 29 of the Constitution is revealed in the following paragraphs of this report.

As there is no special law on equal opportunities, the country's legal system does not provide for a general ban or sanctions applicable in cases of women's discrimination, with the exception of Article 19 of the Constitution. However, certain special laws require to follow the principle of gender equality, especially in the realm of labour relations. Article 2 of the Law on Employment Contract passed on November 28, 1991, provides for equality for all employees, regardless of their sex, race, nationality, citizenship, political convictions, religious beliefs, or any other factors which do not affect their professional qualifications. Article 19 of the same law prohibits from refusing employment on the grounds stipulated in Article 2.

Article 30 of the Constitution stipulates that any person whose constitutional rights or freedoms are violated has the right to appeal to court.

The Law on the Seimas Ombudsmen, passed on January 11, 1994, stipulates that all persons whose rights were violated by the actions or inaction of officials have the right to appeal to an appropriate Ombudsman to have their violated rights defended according to the procedure established in Articles 15-26 of the Law on the Seimas Ombudsmen.

Implementation of Items (e), (f) and (g) Article 2 is given in the chapters below.

Article 3

Legal measures to ensure the full development and advancement of women on the basis of equality with men are given in detail in the following chapters. It should be noted, though, that the general strategy for creating the legal system of Lithuania reveals earnest undertakings of the Government to implement the provisions of Article 3 of the Convention.

In order to ensure not only the equal rights of women but also their equal possibilities to participate in political, social, economic and cultural life, the Government of the Republic, by its Decision No. 1299 of November 8, 1996, endorsed the Lithuanian Women's Advancement Programme. This programme was developed by joint efforts of government and public organisations. The programme is targeted at ten essential areas: protection of women's human rights, women's economic and social status, women and environment protection, women's health, family planning, women and education, women in politics and administration, abuse and violence against women and girls, woman and the mass media, the system of statistics and gender differences. Several guidelines have been established to promote progress in these areas. For example, one of the main actions planned for the protection of women's human rights is the drafting of the law on equal rights and opportunities for men and women and a mechanism of supervision of its implementation. The policy pursued by the State towards the rights and opportunities of men and women is consistent and continuous and this is proven by the fact that, although the last elections were won by another political party, the women's advancement programme is continued.

A mechanism of the enforcement of equal rights and opportunities of men and women has been put in place to supervise the implementation of the Lithuanian Women's Advancement Programme. At present this mechanism is comprised of the institutions of three levels. At the Seimas level, these issues are within the jurisdiction of the Group of Women Parliamentarian and the Commission of Family and Child Affairs. At the Government level, the implementation of the Programme of Women's Advancement is within the jurisdiction of the State Consultant on Foreign Relations and Relations with NGOs, as well as the Department of Policy and Analysis of Children, Youth, Family and Equal Opportunities for Men and Women within the Ministry of Social Affairs. The Government formed a working group to develop a 1998-2000 action plan for the implementation of the Lithuanian Women's Advancement Programme (Resolution No. 208 of March 8, 1997). This group is headed by the State Consultant for Foreign Relations and Relations with NGOs. The position of the State Consultant on Human Rights was established within the Government of the Republic of Lithuania. At the level of non-governmental organisations, there are over 40 women's organisations and a women's information centre.

Article 4

No temporary special measures, as described in Part 1 Article 4 of the Convention, are applied. However, certain state institutions are already beginning to apply such measures. For example, Vilnius University introduced measures to protect women in the realm of scientific research (this is described in a greater detail in the comments on Article 10).

A broad description of special measures to protect motherhood is given in the comments on Article 11 of the Convention.

Article 5

The measures that should be taken in accordance with Article 5 of the Convention are of a social rather than political nature. Despite the fact that there are no constitutional or other legal acts which would establish an official religion, Lithuania is a Roman Catholic country. Therefore, any traditional or moral restrictions arising out of religious standards corresponding with the canons advocated by the conservative Roman Catholics, should not be considered as contrary to the goals of Article 5 of the Convention.

The Law on Holidays of the Republic of Lithuania exemplifies consolidation of the father's role in the family. Article 19 of the law grants equal rights to the mother and the father (as well as grandmother, grandfather or other relatives of the child who is actually bringing up the child) to the child care leave for children up to three years of age. On July 1, 1997 Article 20 of the Law on Holidays was supplemented by Part 2 which obligates employers to grant the child's father an unpaid leave of up to three months upon his request during the mother's maternity and childbirth leave or child care leave until the child reaches three years of age.

Article 6

In recent years in Lithuania, prostitution has become conspicuous phenomenon stemming from poor economic and social conditions. Trafficking in women has become a part of activities of local and international crime. The absence of a consistent policy towards this problem, non participation in international programmes (Lithuania has not acceded yet to the 1949 Convention On Combating Human Trafficking and Exploitation of Prostitution by Third Persons), and diverse attitudes of the public and political organisations towards this phenomenon made it difficult to create a legal regulatory system within this sphere. The negative influence was also induced by the mass media which, on the basis of the freedom of the press, often promote prostitution in an indirect way.

According to the laws of the Republic of Lithuania any behaviour which has typical features of prostitution is not punishable as a crime, and instead, according to Part 1 Article 182(1) of the Code of Administrative Violation of Law, contains indicia of administrative crime and incurs a fine of up to 500.00 Litas, or in case of a repeated crime a fine of up to 1,000.00 Litas or an administrative detention of up to 30 days. In 1996, on the basis of said article, 254 women were punished for engaging in prostitution, of them 18 were girls (in 1995, 165 and 15 respectively). The concept of prostitution itself is perceived as consistent actions by which material benefit is expected for sexual intercourse with a man. Cases whereby a woman is paid for sexual intercourse with a man do not contain indicia of the administrative crime. The subject of this crime is a female person of 16 years of age or over.

In 1996 in Lithuania, a complex preventive programme "Paslauga" (Service) was launched. It involves the police, the structural units of the Migration Department, health care institutions, other interested institutions and the mass media. 2357 persons (of them 125 underage persons) were identified and criminal proceedings instituted against them, and 116 women and girls were identified who engaged in prostitution. Criminal proceedings were instituted in two cases according to Article 242 of the Criminal Code for manufacturing and distribution of pornographic items.

Unlike the prostitution, procuration constitutes indicia of crime according to Article 239 of the Criminal Code and incurs a sentence of up to five years of imprisonment. Article 119 of the same Code provides for up to three years of imprisonment for coercing a woman into sexual intercourse, and Article 131 stipulates that unlawful imprisonment of another person incurs up to one year of imprisonment or correctional labour for the same period. However, both laws are not effective enough due to many shortfalls in the laws regulating the procedural actions of investigative institutions. Therefore, "suppression" and "measures" in the sense of Article 6 of the Convention are not adequately implemented in the legal system of Lithuania.

Cases of application of Article 239 of the Criminal Code are few. In 1996, 211 women who engaged in prostitution and 44 procurers were detained, criminal proceedings instituted in 32 cases. One of the obstacles preventing from applying this article is lack of clarity in its wording: it establishes criminal liability for operation of dens and procurement with conditions provided for gambling, debauchery or abuse of alcohol only if during the same year a disciplinary punishment was administered to the offender for the operation of the den, as well as in the case of procuration with self-seeking aims. The legal inefficiency in such cases is caused by the one-sided attitude of the investigative bodies. Usually such charges are dropped due to the absence of the indicia of crime or on other grounds.

Prostitution-related crimes are included into Chapter XXX of the newly drafted Criminal Code. This chapter singles out procuration for prostitution purposes (Article 313). Stricter penalties are imposed on those who procure a person for prostitution (this incurs a fine or arrest or imprisonment for up to 4 years), procure a child for prostitution (a girl), a person with psychic disorders, a person who is materially or formally dependent or has been put under his or her guardianship; also when procuration is made by deception or coercion (this is punished by imposing a fine or arrest or imprisonment for up to 4 years) organise and direct a prostitution business and engage in trafficking persons outside Lithuania or procure a person for prostitution outside Lithuania (punishable by arrest or imprisonment from 2 to 8 years). Article 317 explains the concept of procuration which is persuasion, incitement or another way of inclining or bringing persons together for illegitimate sexual intercourse, depraving actions or other way of satisfying sexual passion for self-seeking purposes.

The draft Criminal Code also contains several totally new articles. Article 314 provides for punishment of a person for establishing and operating a brothel (this incurs a fine or arrest or imprisonment of up to 4 years), Article 315 provides for liability for public demonstration or promotion of pornographic items (this incurs a fine or arrest or imprisonment of up to 2 years), Article 316 provides for a fine, arrest or imprisonment for up to 4 years for exploitation of children under 15 years of age for pornography.

Upon the adoption of this code by the Seimas, requirements of Article 6 of the Convention will be met.

Article 7

The Lithuanian women voted for the first time in 1920 in the elections to the Constituent Seimas. During the same year the Provisional Constitution introduced equal suffrage of men and women and it was firmly established by the Lithuanian Constitution of 1922. At present Article 33 of the Lithuanian Constitution stipulates that: "Citizens shall have the right to participate in the government of their State both directly and through their freely elected representatives, and shall have the equal opportunity to serve in a State office of the Republic of Lithuania<.....>". Article 34 of the Constitution, Article 2 of the Law on the Seimas Elections, Article 3 of the Law on the Presidential Elections and Article 2 of the Law on Local Government Elections grant an active right to vote to the citizens who on the day of election are 18 years of age and over. Citizens who are declared legally incapable by court can not participate in elections. All the laws provide for the equality of vote of every person in all the electoral areas. The citizens are also granted a passive voting right and it is strictly forbidden to restrict it in any way on the basis of sex, nationality, religion or other criteria specified in Articles 56 and 78 of the Constitution, Article 3 of the Law on the Seimas Elections and Article 2 of the Law on the Local Government Elections.

The same conditions to exercise the voting right are provided for in the Law on Referenda. Article 2 of this law establishes the rights of the citizens who have reached the age of 18, to freely participate in a referendum. This right cannot be restricted on the basis of their sex, race, nationality, language, origin, social status, religion, convictions or beliefs.

The provisions of item (b) Article 7 of the Convention are embodied partly in Article 33 of the Constitution. The laws of the Republic of Lithuania do not provide for the measures of positive discrimination to increase women's representation in appropriate structures. However, there are no doubts about the actual implementation of Item (b) Article 7 of the Convention in the legal sense, therefore, the reasons underlying behind the low level of representation of women in the government are of different nature.

The latest parliamentary and local elections in Lithuania have elicited incremental women's representation both at the political and administrative levels. Elections to the Seimas of the Republic of Lithuania are conducted according to two systems: half of the Seimas members are elected in the multi-mandate electorial districts (70), and the rest (71) in one-mandate electorial districts. The last parliamentary elections took place on October 20, 1996. Twenty seven parties and political organisations participated in them. In the multi-mandate system there were 1241 candidates to the members of parliament, of them 264 (21.3%) were women, while in the single-mandate system there were 875 candidates, of whom 168 (19.2%) were women.

If compared with the 1992 elections, the number of women candidates has grown almost threefold: from 98 to 278 (women candidates were nominated in both single- and multi-mandate electorial districts). In 1992, there was not a single woman on the lists of 4 parties and organisations, while in 1996 there was only one party list with no female candidate enrolled. In 1992, no women were nominated as candidates in none of the 39 single-mandate electoral districts, while in 1996 only 3 of those districts had no female candidate. 15.8 per cent of the candidates entering the first one fifth of the party lists were women. Women were absent in the first one fifth of the list.of ten party lists (out of 24).

With the exception of three single-mandate electoral districts where no Seimas members have been elected so far, the part of women among the Seimas members has increased 2.5 times and comprises 18.1 per cent. The composition of candidates and elected Seimas members in 1992 and 1996 is presented in Table 1.

Table 1

1992 and 1996 COMPOSITION OF CANDIDATES TO THE SEIMAS AND SEIMAS MEMBERS BY SEX

Candidates Seimas members

Men Women Men Women

7th Seimas 732 98 131 10
88.2% 11.8% 92.9% 7.1%

8th Seimas 1071 278 113 25
79.4% 20.6% 81.9% 18.1%

In the new (8th) Government which was formed after the Seimas elections the number of women increased as well. Table 2 contains the composition of the Government at the level of ministers and deputy ministers.

Table 2

WOMEN AT THE TOP ADMINISTRATIVE LEVEL

Position 8th Government(May 1997) 7th Government
(October 1996)

Total Men Women Total Men Women

Prime Minister 1 1 - 1 1 -

Ministers 17 15 2 19 18 1

Deputy
ministers 58 46 12 54 51 3

We can see that women have made a considerable progress on the political arena of the country. The number of women candidates and those elected to local councils is also on the increase (Table 3).

Table 3

RESULTS OF LOCAL ELECTIONS, 1995 and 1997

Year Candidates to local councils Composition of local councils
Total Women Women, % Total Women Women, %
1995 7245 1759 24.3 1488 289 19.4
1997 6276 1884 30.0 1459 318 21.8

The laws of the Republic of Lithuania do not provide for quotas for women on election lists or in the administration system. At present only one political party, the Lithuanian Social Democratic Party, has introduced quotas for their election list. Under the Lithuanian Women's Advancement Programme efforts will be made to achieve a gender balance on party election lists and that representatives of one sex do not exceed two thirds of all the public commissions and committees formed by the Government. Plans are also underway to develop a programme for female candidates to high government offices.

Article 35 of the Constitution guarantees citizens the right to freely form societies, political parties, and associations, provided that the aims and activities thereof do not contradict the Constitution and laws. None of these laws provide for any discriminating measures preventing women from participation in non-governmental organisations or restricting women's rights in this sphere in any other way.

In recent years a number of women's organisations and a number of women participating therein has constantly been growing. Currently, in Lithuania, there are 45 registered women's organisations. They can be divided into two groups: the Women's Party and women's groups within political parties, and public women's organisations. There are women's groups in five largest political parties of Lithuania (in alphabetical order): Lithuanian Centre Union's Women's Section, Lithuanian Democratic Women's Group (within the Lithuanian Democratic Labour Party), Lithuanian Social Democratic Women's Union, Union of Women Conservatives (Homeland Union - Lithuanian Conservatives), and Women's Section of the Lithuanian Christian Democratic Party. The Lithuanian Women's Party participated in the last parliamentary and local elections. It received one mandate in parliamentary elections in the one-mandate electorial district, and 154 mandates in local elections. Its emergence have prompted other traditional parties to devote more attention to their women's organisations.

Public women's organisations are very diverse. Some of them act at the national level (17 organisations), others at regional or city level, or within other organisations (e.g., women study centres in universities). Some of these organisations have set a very clear goal of equal rights and opportunities, others direct their activities towards assisting women or uniting women on the basis of profession, interests, religion, nationality, etc.

Article 8

The diplomatic service of the Republic of Lithuania was formed only after Lithuania regained its independence. There are no restrictions on the basis of sex to represent the government at the international level or participate in the work of international organisations. The proportion of women who currently represent the country in international relations is presented in Table 4.

Table 4

WOMEN IN INTERNATIONAL REPRESENTATION (May 1997)

Total Women Women, %
On the diplomatic service 338 123 36
On the diplomatic service abroad 139 38 27
Heads of missions 40 3 7

Article 9

All provisions of Article 9 of the Convention are fully embodied in the laws of the Republic of Lithuania. Article 3 of the Law on Citizenship stipulates that citizens of the Republic of Lithuania have all socio-economic, political, and individual rights and freedoms that are provided and guaranteed by the Constitution of the Republic of Lithuania, and international agreements binding to the Republic of Lithuania.

Articles 1, 15 and 16 of the law establish a procedure and conditions for the acquisition of Lithuanian citizenship and none of these conditions are connected with any exceptions on the basis of sex. The issues of retaining citizenship which are regulated by Article 3 and 4 of this law should be treated in a similar manner. Marriage to a foreign national or to a person without citizenship, contracted by a man or woman who is a citizen of the Republic of Lithuania, as well as dissolution of such marriage may not by itself change the citizenship of either spouse (Article 5 of the law).

Chapter 4 of the Law on Citizenship provides for a procedure of the change of citizenship of children upon the change of parents' citizenship.

According to this chapter children's citizenship is agreed upon between both parents. If both parents acquire or lose the citizenship of the Republic of Lithuania, the citizenship of their children who are under 14 years of age changes accordingly (Article 23 of the law). If one of the parents acquires citizenship of the Republic of Lithuania, whereas the other retains citizenship of another state, the child of such parents may acquire citizenship of the Republic of Lithuania on the application of both parents. If parents of a child are divorced, the child may acquire the citizenship of the Republic of Lithuania upon a written request of one of the parents who has acquired the Lithuanian citizenship and with whom the child lives upon the decision of the court or with whom the child lives continually de facto. If one of the parents acquires citizenship of the Republic of Lithuania, whereas the other parent remains a person without citizenship, the child of such parents may acquire citizenship of the Republic of Lithuania on the application of the parent who has acquired citizenship of the Republic of Lithuania (Article 24 of the law).

One of the typical features of the legal system of the Republic of Lithuania in this sphere is the possibility to declare the citizenship invalid if a person has committed an exceptionally serious crime against the Republic of Lithuania, as well as in the event of acquiring citizenship of another state, employment as a state official in another state without the permission of the competent bodies of the Republic of Lithuania, and in cases of crimes against humanity and genocide. Apart from this, the laws allow to renounce citizenship. However, in none of these cases the citizenship of children 14 years of age and over does not change without their written consent.

In case a dispute arises between parents with regard to their children's citizenship, this question should be settled in the procedure established by Chapter 5 of the Law on Citizenship which does not grant any advantages to any of the parents on the basis of sex.

Article 10

In the Republic of Lithuania education and its support at the national level is becoming one of the key principles in the realm of gender equality. It is considered particularly important to minimise the financial factor as an obstacle forcing women to terminate their studies. At present with the exception of higher education, education at all levels is free of charge. In the meantime, a system of loans and benefits and allowances for students with children is being developed to be applied mostly in the institutions of higher education. Given the economic realities, it is obvious that the existing system needs substantial improvement, and female students with children should be provided with asssitance given to overcome the barriers in the labour market.

The universities of Lithuania are relatively autonomous and may initiate positive discrimination towards any sex or offer equal opportunities to both men and women in the sphere of education. From the legal point of view sex discrimination has been eliminated in education, except for a few isolated cases. Women can not study in the Roman Catholic seminaries that are regulated by the canon law.

Article 41 of the Constitution provides for free education of persons under the age of 16. The same article stipulates that everyone has an equal opportunity to attain higher education according to their individual abilities. The implementation of this article is envisioned in Article 33 of the Law on Science and Studies which provided for equal right of all members of the society to education according to individual competence and abilities. Article 35 of the same law establishes equality for all in becoming scholars and obtaining a scholarly degree.

Educational institutions, upon the consultation with the Ministry of Education, have the right to set forth conditions for the admission of students. In their activities all the schools of higher education follow their statutes endorsed by the Seimas or the Government. These statutes must conform with the laws and most of these statutes contain provisions which are close to the ones established in Article 41 of the Constitution. For example, the statutes of the Academy of Art, adopted in 1992, stipulate that every person admitted to study or teach in the Academy has equal academic opportunities irrespective of sex, race, citizenship, convictions or nationality.

The Law on Education of the Republic of Lithuania and other laws relevant to education treat men and women equally. A breakdown of students' composition by sex underscores the equallity. In 1996, among the students at all level of education, women made up 50.5 per cent in total. Girls comprised, respectively, 50.3 per cent in schools of secondary education, 38.8 per cent in vocational training schools, 65.3 per cent in high schools, and 56.3 per cent in institutions of higher education. This trend has been dominating for many years and at present, on average, the level of education of women is higher than that of men.

Solely the studies at the university level, i.e. studies for bachelor and master degrees may raise concern. In the wake of the education system reform a two-level system was introduced in universities (bachelor and master courses). It has been observed that the proportion of women on the master's course was diminishing if compared with bachelor studies. Even fewer women continue their studies for a doctor's degree. Therefore, there is a smaller number of female with doctor's degree than that of men (31 per cent), while a number of female habilitated doctors is even smaller, only 10 per cent. The major cause of this sutuation is that the beginning of an academic career often coincides with childbearing and child upbringing, on the other hand, up to now universities have not encouraged women to pursue an academic career. Nevertheless, there have been changes in recent years. For example, the Rector of Vilnius University, taking account of the unequal situation of sexes, issued Decree No. R-28 of April 6, 1997, providing for temporary measures to ensure that 40-50 per cent of top university positions were occupied by women. The Rector ordered to favour those women who can write or were writing a thesis for a habilitated doctor's degree by providing them with a longer paid academic leave, giving a priority for publishing their work, and in competitions for top academic and administrative posts, with other conditions being equal, giving preference to women.

As sports events became commercial, this have had a very negative impact on women's participation in them, although this is not the case with physical training. In Lithuania, physical training is a part of comprehensive education described above, therefore, its regulation in the sense of non-discrimination corresponds with the trends as required in the Convention. The sports which are becoming dependent on the sponsorship of commercial circles, do suffer in this regard, as most sports attract more attention when participants are men and not women.

Article 11

Right to work is guaranteed by Article 48 of the Constitution of Lithuania: "Every person may freely choose an occupation or business, and shall have the right to adequate, safe and healthy working conditions, adequate compensation for work, and social security in the event of unemployment."

Article 19 of the Law on the Employment Contract of the Republic of Lithuania (November 28, 1991) stipulates that the employer is prohibited from refusing employment on the grounds of sex, race, nationality, citizenship, political convictions, attitude towards religion or other circumstances of no relevance to the professional capabilities of the employees.

Article 3 of the Law on the Support of the Unemployed of the Republic of Lithuania (December 13, 1990) guarantees the implementation of the right to work by declaring that citizens may exercise their right to work by addressing employers directly or through labour exchanges. The same article stipulates that citizens can freely choose not to work. This provision of the law obligates the employer upon employment of a person to apply the same criteria to both men and women.

Article 48 of the Constitution of Lithuania stipulates that every person may freely choose an occupation or business. Article 49 of the Constitution establishes that every person have the right to rest and leisure, as well as to annual paid holidays. The provisions of the Constitution are explicated in the laws. Article 6 of the Law on the Support of the Unemployed stipulates that the state guarantees its citizens (irrespective of their sex):
1. free services of vocational counselling and information about vacant jobs;
2. free services of labour exchanges in looking for employment;
3. free vocational training in case of unemployment;
4. in case of unemployment, a possibility to do public work or the work supported by the Employment Fund;
5. unemployment benefits.

Article 8 of the law establishes a list of citizens who are given additional employment guarantees. This list includes women with children under 14 years of age. This does not mean, though, that a woman has to raise children alone. Additional guarantees are given through the national programmes prepared by the Lithuanian Labour Exchange, as well as through territorial programmes of population employment prepared in conjunction with local governments. Such programmes have to be approved by the central government bodies or local governments. The aim of these programmes is first of all to protect people from unemployment. Upon the proposal of labour exchanges, municipalities establish annual quotas of new jobs of up to 5 per cent of the total number of the working force of a company. If additional expenses are required for creating new jobs or their adaptation when employing a jobless person upon the recommendation of the labour exchange, the employer receives from the Employment Fund a single compensation of up to 12 minimal monthly salaries for one working place.

The Law on Holidays (December 17, 1991) gives the employees the right to vocational training irrespective of their sex. Article 23 of this law stipulates that employees should be granted holidays to prepare for and take entrance examinations to colleges and institutions of higher education (three days for each examination). Employees who study successfully in educational institutions should be granted study holidays according to the certificates-invitations of these institutions to finish and defend graduation theses (thirty calendar days); to prepare and take regular examinations (three days for each examination); to prepare and take tests (two days for each test). Time spent in transit may not be counted as part of the holiday period. According to the Law on Holidays, study holidays are intended for special purposes, therefore they are not calculated into annual holidays. Employees who are taking entrance examinations for colleges and institutions of higher education with directives of enterprises should be paid no less than the average wage by these enterprises for the granted holidays. The issue of remuneration for the period of studies for employees who take entrance examinations and study on their own initiative should be settled in the collective agreement or upon agreement of the parties.

Article 48 of the Constitution guarantees the right of every person to adequate compensation for work. This is one of the basic principles of the labour law. This constitutional provision is elaborated in the Law on Remuneration of Work (January 9, 1991). Article 1 of this law stipulates that the remuneration for work of every employee depends on the labour demand and supply on the labour market, amount and quality of work and results of the activities of the enterprise. This law forbids to reduce remuneration on the basis of sex, age, race, nationality and political convictions.

The system of social protection is applied to employed, previously employed and unemployed persons, irrespective of their sex. Article 3 of the Law on the Basics of the State Social Care System of the Republic of Lithuania (October 23, 1990) stipulates that social care is applied in the cases provided by the laws to the following persons:
1. persons who have reached the retirement age or who are younger that established by law cannot work by their profession;
2. invalids and persons who have temporarily lost working capability;
3. families who lost their breadwinner;
4. persons who require treatment, medical preventive treatment, and rehabilitation;
5. families with small children;
6. persons who have temporarily lost their job;
7. persons who require state support.

This law and relevant legal acts regulate the procedure of application of social protection measures which is not discriminatory with regard to women. The social insurance system which consists of pension insurance, sickness and motherhood insurance, health insurance, insurance against unemployment, insurance against accidents at work, establishes that persons who work under contracts of employment are subject to compulsory insurance, irrespective of their sex, as well as persons who are members in elected institutions, work as partners in economic partnerships, agricultural companies or co-operative organisations and who receive remuneration for work. Compulsory insurance is also applied to the owners of individual personal enterprises, persons who work independently, farmers and underage members of their family who work on the farm, irrespective of their sex. The State funds the insurance of certain groups of persons (servicemen, fathers and mothers who raise children of 1-3 years of age at home, etc.). With adoption of the Law on the State Social Insurance (May 21, 1991), the Law on the Pensions of the State Social Insurance (July 18, 1994) and amendments to them, it was sought to ensure equal rights to men and women. All persons are entitled to social care, irrespective of their sex, who cannot care for themselves having reached the retirement age, or younger persons who because of their age can no longer work by their profession, or are invalids, or persons who have temporarily lost their working capability. The social insurance system guarantees the right to social insurance benefits, irrespective of the sex of the insured persons, to those persons who had an insurance policy for a period of time established by the law and were paying premiums of the size provided for in the law. The size of premiums depends on the persons' taxable income or the field of activities, e.g. if those persons work independently, are farmers or persons insured by the State or other persons, irrespective of their sex. The size of social insurance benefits (including additional sums for the spouse or a dependant) depends on the size of the social insurance premiums and, in certain cases, on the period of payment of the premiums. The size of social benefits depends on the proportion of the persons' (of his family's) income to the income supported by the State, or, in some cases, on the rate of benefits established by the State, irrespective of the sex of the receiver of the support.

Positive discrimination with regard to women in the field of working age which was earlier applied upon the recommendation of the European Union, is now gradually eliminated, and the limit of the working age is gradually extended to reach the working age established in the European Union.

Article 53 of the Constitution stipulates that the Sate takes care of people's health and guarantees medical aid and service in the event of sickness.

In ensuring safe working conditions, an important role is played by the Law on Labour Safety of Persons (October 7, 1993). Article 3 of this law stipulates that employees are entitled to work under safe conditions, irrespective of the type of the enterprise, its profitability, working place, working environment, nature of work, citizenship, race, nationality, sex, age, social origin, and political or religious convictions. Articles 14, 15, 24 and 33 of this law established the cases whereby a special health care should be set up for employees. Article 62 of the law stipulates that women have the right to choose full-time or part-time employment to do the work which is not harmful either to her own or her children's health. Article 63 of the same law stipulates that pregnant women who have submitted a medical statement, must have their work load reduced or be transferred to another work which is not harmful to their health, paying the average salary but not less than the one paid before. If it is not possible to transfer a pregnant woman to a working place less harmful to her health or until the settlement of the issue of the transfer of the pregnant woman for an easier work or that which is not harmful to her health, she must be released from work and paid an average salary for all the days she has been released from work.

Pregnant women and women with children under 3 years of age may not work overtime and at night, and they may work on week-ends or holidays or be sent on business trips only upon their consent. A woman who has children under 1.5 years of age and are therefore unable to work, is transferred to another work upon her own request, paying her the average of the previously paid salary until the child reaches 1.5 years of age. In addition, part from the general break for relaxation and a meal, she is given at least 30 minute breaks no less than every three hours to feed her baby. Upon the request of the mother the breaks for feeding the baby can be joined into one and added to the break for relaxation and a meal or transferred to the end of the day (shift) thus shortening the working day (shift) respectively. These breaks are paid for on the basis of the average salary. Women with children of 3-14 years of age or disabled children under 16 years of age cannot be given overtime work or be sent on business trips if they do not give their consent. Women with children under 14 years of age, if there exists such a possibility, have a priority right to choose the working shift.

Article 64 of the Law on Labour Safety of Persons stipulates that women under 40 years of age may not be given work which can harm their reproductive functions. The work which may not be given to women, women under 40 and pregnant women for health reasons, as well as harmful and dangerous factors of the working environment are defined by the Government of the Republic of Lithuania. Article 46 of the law stipulates that an employee and the employer may agree on a part of the day or part of the week work. The employer must draw up a timetable for a part of the working day or a part of the working week, if this is requested by: a pregnant woman, a women with a child under 14 or a disabled child under 16 years of age. The part-time work does not restrict the person's labour rights. This provision was elaborated by the Government of the Republic in its Resolution of January 9, 1995 which endorsed "The Procedure of Establishment of a Part of the Day or Part of the Week Working Time". Articles 4-6 in the Law on Labour Safety of Persons established that collective agreements and contracts of employment may provide for other more favourable arrangements of a part-time work for employees. Part 4 of Article 47 which provides for the watch at an enterprise or at home, stipulates that pregnant women, persons under 18 and invalids may not be appointed to this work. Women with children under 14 years of age may be appointed to be on guard only upon their consent.

The Law on Holidays establishes types of holidays, as well as the minimum duration, and the procedure and conditions for granting and remunerating holidays. Citizens of the Republic of Lithuania working under employment contract or on the basis of partnership at an enterprise, institution or organisation on the territory of Lithuania as well as at enterprises beyond the boundaries of Lithuania which are under the jurisdiction of the Republic of Lithuania, regardless of their type of ownership, are entitled to holidays. According to the Law on Holidays both men and women are entitled to the holidays defined in Article 4 of the law. The annual holiday is calendar days granted to employees so that they are able to rest and renew their ability to work while leaving the work place (post) and being paid an average wage. Annual holidays may be minimal or extended (Article 5). The duration of the minimal annual holiday is 28 calendar days. Mothers who raise children alone or have a disabled child under 16 must be granted annual holidays of 35 calendar days. Extended holidays are granted to employees of certain categories approved by the resolution of May 15, 1992 of the Government of the Republic.

Holidays for the first working year may be granted after six months of uninterrupted work in the enterprise but no later than the end of the working year. When the length of uninterrupted work is less than six months, holidays may be granted to women, upon their request, either before maternity leave or directly after it (Article 8). Pregnant women and women who have a child (children) who is either under 14 years of age or disabled may choose the time of the annual holiday after six months of uninterrupted work at one enterprise. Upon their request, men whose wives are granted maternity leave may be granted holidays during the wife's holiday. The Law on Holidays provides for purposive holidays like maternity leave and child care leave. Women should be granted maternity leave for the period of 70 calendar days before childbirth and 56 calendar days after it (in the event of complicated childbirth or birth of two or more children the period is extended to 70 calendar days). Maternity leave should be calculated for the period and granted to the woman in full, regardless of the number of days actually used before childbirth. Benefits established by the Law of the Republic of Lithuania on State Social Insurance are paid for the length of the maternity leave. Article 19 of the Law on Holidays stipulates that upon her request, a mother should be granted child care leave until the child reaches 3 years of age. Upon the family's decision, leave should be granted to the father, grandmother, grandfather or other relatives of the child who actually brings up the child. Leave may be taken either in full or in parts, and persons entitled to this leave may alternate turns. Benefits established by the State are paid for the period of leave, and the working place (post) is kept for the person, except in the event the enterprise is completely liquidated.

Article 20 of the law sets forth a very important provision stipulating that upon the request of mothers who are bringing up children under 14 years of age, annual unpaid holidays of up to 14 calendar days should be granted at a time agreed upon by the parties. Mothers bringing up disabled children under 16 years of age should be granted annual unpaid holidays for up to 30 calendar days at a time agreed upon by the parties. Apart from this, Article 25 of the law provides for general rules of granting unpaid leave. Thus, unpaid leave due to domestic circumstances and other important reasons may be granted to women in the procedure established in the collective agreements or upon agreement of the parties. Longer holidays and holidays of other types, additional privileges in choosing the time of holidays, and the pay for the duration of the leave higher than that guaranteed by the Law on Holidays may be established in collective agreements.

Similarly to the provisions of the Convention, the laws of Lithuania forbid to dismiss women from work on the grounds of pregnancy or child care. Article 140 of the Criminal Code stipulates that refusal to employ or dismissal from work of a woman on the ground of her pregnancy, as well as refusal to employ or dismissal from work on the ground of breast feeding incurs correctional labour of up to one year. The laws forbid to dismiss from work on the ground of marriage. This would violate Article 139 of the Criminal Code which provides for punishments for deliberate disregard of labour laws. Article 41 of the Code of Administrative Violation of Law of the Republic of Lithuania establishes an administrative liability (a fine imposed on employers or a person authorised by them) for violations of labour laws. Article 35 of the Law on the Contract of Employment stipulates that employers are prohibited from terminating, at their own initiative and own will, employment contracts with a pregnant woman. Likewise, employers are prohibited from terminating, at their own will, employment contracts with women who have children under 3 years of age.

Maternity leave is provided for in Article 39 of the Constitution. This article provides for paid maternity leave before and after childbirth. This provision is elaborated in Article 18 of the Law on Holidays which provides for a maternity leave for the period of 70 calendar days before childbirth and 56 calendar days after it (in the event of complicated childbirth or birth of two or more children the period is extended to 70 calendar days).

Measures under Item c) of Article 11 of the Convention are still to be undertaken, nevertheless it should be noted that the general political and social changes in the country are directed towards these goals.

To add to the information provided in the comments on Part 1 Article 11 of the Convention, it should be noted that a list of work that women are prohibited to do has been drafted, taking into account unhealthy and dangerous environmental factors. The draft was prepared on the basis of the requirements of the European Union directives. At present the draft list is under consideration and later it will be submitted to the Government of Lithuania.

Article 12

The provision to take all appropriate measures to eliminate discrimination against women in the field of health care, can be considered implemented in the sense of gender equality to the extent the existing conditions of the health care system allow in Lithuania. None of the provisions of the 1994 Law on the Health Care System give discriminatory advantages to any of the sexes, although the law does not provide for special provisions to eliminate discrimination of sexes. In Lithuania, every person is entitled to the same measures of health protection, including, but not limiting to, the measures offered in private family planning clinics and state medical institutions.

A woman's health depends on a sound physical shape and psychic state. Health is a deciding factor in women's capability to participate in all spheres of public and private life. It depends on the economic environment, social and political guarantees.

Apart from Item 5 Article 132 of the law, Article 53 of the Constitution stipulates that the people of Lithuania must have guarantees to an adequate, accessible and appropriate health care. Article 19 of the Law on the Health Care system guarantees free health care ((free) health care supported by municipalities) to pregnant women (Item 2), as well as women with children under 1 year of age (Item 3). Mother and child health care services are accessible to all women. They are all taken care of by a professional staff. Most hospitals have started the "baby-friendly hospitals" campaign which encourages mothers to breast feed their babies and a contact between mother and child immediately after delivery.

These provisions are implemented by various normative acts issued by the Ministry of Health and by allowing to receive free medicine (e.g., the decree of May 7, 1991, amended on December 12, 1994, regarding free dispensation of medicine at the chemist's shops upon prescriptions) and introducing other measures by allocating funds for treatment from the state, municipal or social care budgets.

In pursuance of the Programme for Improvement of the Nutrition of Babies and Children under 3 years of age, endorsed by the Government of the Republic of Lithuania by Resolution No. 1108 of November 9, 1995, plans are underway to promote breast feeding in Lithuania and to prolong the duration of breast feeding. If there is no such possibility, babies receive adapted baby milk, i.e. which is close to mother's milk in composition and nutritional value. One of the realistic ways of providing babies and children with quality food of local origin is to develop their production in Lithuania. Only dietetic and medicinal food products should be imported. However, such baby food is too expensive for the Lithuanian families. Only 38.4 % of the interviewed families can afford them. According to the opinion poll of 1995/96, after mothers stopped breast feeding, 22.9 % of them gave home-made baby food to their babies, 7.8 % gave pure cow milk, 3.8 % prefered Lithuanian baby milk produced of cow milk , 2.0 % gave cow milk bought in shops, and 2,8 % gave cow milk diluted with water. 26.5 % of the polled mothers wished to have a possibility to buy cheaper baby milk, 23.5 % wished more types of baby milk, 1.4 % wished more types of Lithuanian-made baby milk, and 7.5 % would have favoured baby milk produced in special centres preparing baby food. Although production of Lithuanian baby milk has been unprofitable, the Ministry of Health set up a commission to examine the current situation (Resolution No. 171, April 14, 1997) and to come up with a decision which would be rational from the point of view of health.

Reproductive health depends of the physical and psychic state as well as the state of sexual health. Equal relations of men and women in sexual relations and in childbearing demand mutual respect, consent and responsibility. The right to give life depends on the recognition of the right of all couples and persons to decide with responsibility when and how many children they want to have. The birth rate in 1995 by the mother's age: total fertility rate was the highest in the age group 20-24 years of age, but it was lower than in 1993.

Abortions present one of the most acute problems for women. Although termination of pregnancy is not considered a method of family planning, it is still practised on a wide scale.

Abortions in 1995, in total: 37,655.
40.53/1000 women of childbearing age (15 - 49 years of age) .
Artificial abortions, in total 31,273.
33.7/1000 women of childbearing age (15 - 49 years of age).
The structure of abortions:
spontaneous - 12.8 %;
at the will of a woman - 82.6 %;
at the indication of medical doctors - 0.5 %;
other cases - 4.1 %.
Abortions to 100 births: 15 - 49 year old women to 1000:
1994 - 71.85   1994 - 32.49
1995 - 76.40   1995 - 37.07
Infant mortality in 1995:
12.4 to 1000 live born. 6.9 still born to 1000.
The structure of infant mortality, %:
inborn anomalies   - 33.5 %;
state of the perinatal period - 42.4 %.

The Ministry of Health of the Republic of Lithuania has prepared and carries out the Mother and Child Health Programme. This programme consists of several major projects:

1. In Lithuania, the Programme for the Prevention of Perinatal, Neonatal and Inborn Anomalies commenced in 1993. Pregnant women, women at child-birth and new-born babies are offered a three-level programme of perinatal care.
2. Programme of Healthy Nutrition for Children Under 3 years of age.
3. Programme for the Prevention of Chronic Diseases.
4. Programme of Immunopreventive Drugs.
5. Programme of Children's Psychic Health.
6. Healthy Living Programme.
7. Programme for the Prevention of Tooth Caries in Children.
8. Family Planning Programme. The aim of this programme is to improve and develop a sphere of woman's health, reproductive health. In this programme most attention is devoted to the family planning in young families and the training of professional staff for family planning centres.

Currently, in Lithuania only two programmes, the Programme of the Prevention of Perinatal, Neonatal and Inborn Anomalies and the Programme of Immunopreventive Drugs, receive full financial support: Funding of other programmes remains insufficient.

The Lithuanian AIDS Centre was established in 1990. Its main task is to examine and treat all the people who have contracted venereal diseases. In 1995-96 alone, 7200 persons approached the Centre for assistance. Such a large number of the patients of the Centre can be explained by the mass media efforts at the public awareness and the favourable conditions, e.g. anonymous centres. As of January 1, 1997 there were 32 people diagnosed HIV in Lithuania, 3 of these persons have AIDS. Since 1990 five persons have died of AIDS.

Article 13

Equal rights to receive bank loans and other types of financial credits (Item (b) Article 13 of the Convention) are guaranteed by Article 46 of the Constitution. This article stipulates that Lithuania's economy is based on the right to private ownership, freedom of individual economic activity and initiative. The Civil Code and the Law on Commercial Banks do not provide for any restrictions on allocating financial credits to women. Generally speaking, in order to describe the civil law of Lithuania against the background of the issues under discussion, it should be noted that in civil laws both concepts, that of "man" and "woman", are defined as "natural persons" separating them from the "legal persons". This ensures an equal legal treatment of persons of both sexes. However, Item (b) Article 13 of the Convention must given a special emphasis in the system of civil laws of the Republic.

Article 42 of the Constitution which corresponds Item (c) Article 13 of the Convention, guarantees equal rights to make use of the cultural properties and achievements of science of the Republic and does not provide for any restrictions on the basis of sex. The existing restrictions to participate in sports events which hardly correspond with the meaning of the Convention, were mentioned before in the comments of Item (g) Article 10 of the Convention.

Article 14

In respect of rural women, in spite of Article 29 of the Constitution, which stipulates that a person may not have his rights restricted in any way or be granted any privileges on the basis of his or her social status, the difference between the legal possibilities and the economic status still remains. The legal system of the Republic of Lithuania does not provide for special regulations of the conditions of life of the rural population, except the legal and economic measures to promote the implementation of the agricultural reform.

Article 15

Provisions of equality of man and woman before the law are fully implemented in Article 29 of the Constitution which states that all people are equal before the law, the court, and other State institutions and officers. A person may not have his rights restricted in any way or be granted any privileges, on the basis of his or her sex, race, nationality, language, origin, social status, religion, convictions, or opinions.

The implementation of provisions of part 2 of Article 15 of the Convention has already been discussed in the comments on Article 13. In addition, it should also be noted that Article 8 of the Lithuanian Civil Code provides for equal conditions to all the citizens of Lithuania who are 18 years of age and over, to enjoy civil capability. Therefore, every person who is 18 years of age and over has equal rights to conclude deals and dispose of his of her property. Except the cases of limited capability related with the abuse of narcotics, toxic substances or alcohol and psychic disorder when this is proven and recognised by the court.

Article 48 of the Civil Code stipulates that all deals with the aims that are contrary to the goals and interests of the society are considered null and void. Apart form this, Article 47 of the Civil Code stipulates that deals which do not conform with the provisions of laws are invalid.

Article 32 of the Constitution guarantees the same rights to every citizen and provides for the right of every person to move and choose their domicile in Lithuania freely and leave Lithuania at their own will. The Constitution also stipulates that these rights may not be restricted except as provided by law and if it is necessary for ensuring State security or protecting the health of the people, or to administer justice. Thus, the understanding of equality in the meaning of Article 15 of the Convention may be considered as being in conformity with the laws of Lithuania.

Article 16

Article 38 of the Constitution declares that marriage is contracted by a free agreement between man and woman. The same right is ensured by Article 4 of the Marriage and Family Code which stipulates that no direct or indirect restriction of rights, direct or indirect granting of privileges in contracting marriage and in family relations is allowed on the basis of origin, social and property status,<....>, sex, education or other circumstances.

The right freely to choose a spouse and to enter into marriage only with their free and full consent is guaranteed on the basis of the provisions which were discussed in the section on the implementation of Article 16 (a) of the Convention. Article 15 of the Marriage and Family Code also stipulates that the main condition for contracting marriage is the consent of both persons getting married who have reached the age established by law.

Apart from the provisions mentioned above, Article 21 of the Marriage and Family Code stipulates that the property acquired by the spouses in marriage is their common joint property and must be used only upon mutual consent. Article 19 of the Code establishes directly that in marriage the spouses enjoy equal rights.

Cancellation of marriage is possible in the event of death of one of the spouses or upon the request of one of the spouses or of both of them. According to the Marriage and Family Code, both spouses have equal rights either during the marriage or after its cancellation:

1. to choose and retain the surname before or after marriage (Article 18);
2. dispose of or use joint property (Article 21);
3. dispose of and use the property of the spouse if during marriage it was improved to a considerable extent (Article 22);
4. demand for a division of the property acquired in marriage (Article 23);
5. demand for material support from the spouse after the dissolution of marriage (Article 28).

Article 19 of the Marriage and Family Code stipulates that spouses decide together the issue of bringing up children and other issues of family life. Article 64 of the Code stipulates that spouses have equal rights and duties in bringing up their children after the marriage has been dissolved. Apart form this, according to Article 57 of the Code, the same duties also arise to parents who have not contracted marriage. It should be noted that in the country's legal system the concept "mutual consent" includes the following:
1. Selecting children's name and surname;
2. Deciding children's place of residence;
3. Children's upbringing within the limits established by law.
Article 20 of the Code establishes equal duties of parents regarding child alimony during marriage and after its dissolution.

The implementation of provisions of item (e) of Article 16 of the Convention is a problem of morality and upbringing rather than an object of legal regulation. Therefore, it has not been singled out in the legislation. However, measures of indirect influence in this realm are established by the laws which regulate equal rights of men and women in the spheres of education and family planning. Nevertheless, the right of women to decide on the number of children should be one of the major categories of equality from the gender point of view. In order to broaden possibilities for women to choose means of family planning, sexual education is being incorporated into secondary school curriculum as a compulsory subject, family planning centres are funded by State, etc. But still, in many families abortions are practically considered as a family planning measure.

Guardianship, wardship, trusteeship and adoption of children:

1. Adoption

According to Article 110 of the Marriage and Family Code, in the relations of adoption, persons who reach the age of 18 have equal rights irrespective of their sex.

2. Guardianship and care

Article 150 of the Marriage and Family Code stipulates that every person may be appointed a guardian at the age of 18, except the groups of persons whose are on the list provided in Part 2 of this article. These groups include the persons who were recognised by the court as incapable or with limited capacity; persons who were deprived of paternity rights by a court decision; persons convicted for avoiding to pay alimony for adolescents; persons who had been foster-parents if the adoption was annulled due to the inappropriate fulfilment of duties by the foster-father (-mother); as well as persons who were dismissed from the duties of a guardian for inappropriate fulfilment of duties they were entrusted with. Therefore, neither Article 150 of the Code, nor its other provisions limit the rights of women to be guardians. Another proof of this statement is the provisions of Articles 172-160 of the Marriage and Family Code stipulating property and non-property rights of these persons irrespective of their sex.

3. Representation

In the legal system of Lithuania, relations of representation are regarded as an institution of the civil law and are thus regulated by appropriate provisions of the Civil Code. Their conformity with the Convention was discussed in the comments on Article 11.

All the rights listed in item (e) of Article 16 of the Convention are repeated in the same manner in Article 18 (the right to choose a surname) and Article 20 (the right to choose an occupation and profession) of the Marriage and Family Code.

The implementation of rights is discussed in item (c) above.

Article 16 of the Marriage and Family Code stipulates that, a marriage is possible between the persons who reach 18 years of age. However, Part 2 of the same article stipulates that in exceptional cases, by the decision of the boards of regional, city and other administrative units, persons under the specified age are allowed to marry. In practice this happens when a child is born or a medical institution confirms pregnancy. Therefore, a conclusion can be made that the minimal marriageable age as required by the Convention, is not regulated by laws.

In addition, in accordance with Article 38 of the Constitution, marriages contracted in the Church are also recognised. The Constitutional Court, by its decision of April 21, 1994, acknowledged that Part 2 Article 6, Article 11 and Part 2 Article 12 of the Marriage and Family Code which established a compulsory marriage registration at civil registries violated the Constitution and declared them invalid as of November 2, 1992, the day of the adoption of the Constitution. Taking account of the cases of misunderstanding regarding inappropriate registration of marriages at confessional institutions, the contradiction between this provision and the Convention is obvious and requires a clearer legal definition.

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