CMNT_TITLE

Article 1 of the Convention. Discrimination on the basis of race, colour and national extraction. The Committee notes with interest the adoption of the Equal Treatment in Employment and Occupation Law (No. 58(I)/2004) which transposes Directive 2000/78/EC and Directive 2000/43/EC by prohibiting discrimination in employment and occupation on the grounds of race, ethnic origin, religion or belief, age and sexual orientation. The Law defines and prohibits direct and indirect discrimination and harassment (article 2) of all persons in the public and private sectors with regard to access to employment, vocational training, terms and conditions of employment and membership in workers’ or employers’ organizations (article 4) and allows for affirmative action measures (article 9). Moreover, it sets out protection against victimization (article 10) and gives any person who considers himself or herself affected by a violation of the Law the right to institute civil proceedings, including before the Commissioner for Administration (article 11). The Committee also notes with interest that pursuant to article 16(5) of the Law any collective agreement or employment contract or business regulation which is contrary to the Law, will be cancelled to the extent that it is directly or indirectly discriminatory. The Committee asks the Government to provide information on the practical application of the Equal Treatment in Employment and Occupation Law, including through the competent judicial and administrative bodies, and the Commissioner for Administration.

The Committee is raising other and related points in a request addressed directly to the Government.