CMNT_TITLE

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Cyprus (RATIFICATION: 1968)

Other comments on C111

Observation

Direct Request

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Article 1(1)(a) of the Convention. Prohibited grounds of discrimination. Social origin. Recalling that the ground of social origin is not included as a prohibited ground of discrimination in the equality legislation, the Committee notes that the Government reiterates that protection against discrimination based on social origin is guaranteed in the Constitution, and that incidences of discrimination on the basis of social origin have never been reported in Cyprus. The Committee recalls that section 28(2) of the Constitution provides that “every person shall enjoy all the rights and liberties provided for in this Constitution without any direct or indirect discrimination against any person on the ground of his community, race, religion, language, sex, political or other convictions, national or social descent, birth, colour, wealth, social class, or on any other ground whatsoever, unless there is express provision to the contrary in this Constitution”. The Committee recalls, however, that such general constitutional provisions, while important, have generally not proven to be sufficient in order to address specific cases of discrimination in employment and occupation. The Committee also recalls that the absence of complaints is not an indicator of the absence of discrimination in practice but is likely to indicate the lack of an appropriate legal framework, the lack of awareness of rights, and the lack of confidence in or absence of practical access to procedures (see General Survey on fundamental Conventions, 2012, paragraphs 850 and 870). The Committee asks the Government to take steps to include, in its equality legislation, provisions specifically prohibiting discrimination in employment and occupation on the ground of social origin, and requests the Government to provide information on any practical measures taken or envisaged to prevent and address discrimination on the basis of social origin.

Article 1(1)(b). Additional grounds of discrimination. Persons with disabilities. The Committee notes with interest the adoption of the Law on the Employment of Persons with Disabilities in the Wider Public Service (Law No. 146(I)/2009), which reserves 10 per cent of the vacant posts in the public service for persons with disabilities. It also notes the establishment in 2009 of the Department for Social Inclusion of Persons with Disabilities, which is responsible for designing and implementing the policy relating to vocational training and employment of persons with disabilities, and its vocational rehabilitation schemes. The Committee asks the Government to provide information on the practical application of the Law on the Employment of Persons with Disabilities in the Wider Public Service (Law No. 146(I)/2009), including statistical information. It also asks the Government to provide detailed information on the function and mandate of the Department for Social Inclusion of Persons with Disabilities.

Sexual harassment. The Committee notes the Government’s indication that from July 2008 until the end of 2010, 102 complaints concerning sexual harassment were submitted to the Department of Labour’s equality inspectors, and 16 cases of sexual harassment in the workplace were submitted to the Equality Authority from June 2009 to July 2011. The Government indicates that 100 out of 102 complaints submitted to the Department of Labour’s equality inspectors were filed by female third-country nationals working as domestic workers, as part of the complaints process to enable them to change employers. The Government also indicates that only two of the 100 complaints were found to be admissible, and the majority of them were considered inadmissible, withdrawn or the complainant did not appear for the proceedings. The Committee asks the Government to provide information on any measures taken or envisaged to address specifically sexual harassment against domestic workers, as these workers are particularly vulnerable to such harassment, and to ensure effective protection of workers seeking judicial or administrative remedies. It also asks the Government to continue to provide information on the number and outcomes of sexual harassment cases dealt with by the Department of Labour’s equality inspectors, or the courts, as well as on practical measures taken to prevent and eliminate sexual harassment in the workplace, including through training and awareness raising.

Promotion of gender equality in the labour market. The Committee welcomes the increased protection against dismissal on the grounds of pregnancy and childbirth until three months after the end of maternity leave, provided under section 4(1)(a) of the Protection of Maternity Law as amended by Law No. 70(I)/2011. With regard to vocational training, the Committee notes the Government’s indication that the women’s participation rate in initial training programmes offered by the Human Resources Development Authority (HRDA) has significantly increased during the last five years (52.7 per cent in 2011). It also notes the Government’s indication that the comprehensive system evaluating the impact of the programme of the HRDA has been set up, and that five evaluation studies conducted by independent consultants include data on women’s participation rate in the human resources schemes, the system and the action plan, including the scheme for economically inactive women. It further notes the information on the implementation of the Flexible Forms of Employment Project and on the number of women that have benefited from the schemes, and that a new subsidy scheme was developed aimed at promoting flexible forms of employment among groups with low employment participation including long-term unemployed and inactive women, as well as the results thereof since June 2010. The Government indicates that results of the survey according to which 49.3 per cent of participants in one programme were found to be employed, show that the programme of the HRDA achieved its objective to minimize the impact of the economic crisis. The Committee notes, however, that the participation rate of women (67.4 per cent for the group of 15–64 years of age in 2010) in the labour market, continues to be lower than that of men (81.7 per cent for the age group of 15–64 in 2010), and that according to the statistical information provided by the Government on the number of men and women in employment by economic activity and sex for 2008–09, women remain concentrated in a limited range of occupational groups. The Committee therefore asks the Government to provide the following:

(i) information on the measures taken or envisaged to assess the effectiveness and impact of women’s participation in the training programmes offered by the HRDA in promoting the actual labour market participation of women;

(ii) information on the specific measures taken to ensure that women have access to employment in a wider range of occupational groups and to posts of responsibility, including through affirmative action measures; and

(iii) comprehensive and up-to-date statistical information on the position of men and women in the labour market.

Equality of opportunity and treatment irrespective of race, colour or national extraction. The Committee notes the Government’s indication that no complaints relating to race and ethnic origin have been submitted to the Ministry of Labour and Social Insurance. It also notes the Government’s indication that in order to improve knowledge and awareness among ethnic and national minorities about the anti-discrimination and equality legislation, the Equality Authority has organized exhibitions on the subject of discrimination or diversity. The Committee once again asks the Government to supply information on the specific measures taken to promote equality of opportunity and treatment in employment and occupation of ethnic groups that are disadvantaged in the labour market. It also asks the Government to indicate any studies or research conducted to analyse the situation of the different groups in the labour market, in particular third-country nationals, Turkish Cypriots and members of national minorities, especially Roma and Pontian Greeks, with a view to eliminating any discrimination against them on the grounds of race, national extraction and colour. Please also provide information on the activities to improve knowledge and awareness among ethnic and national minorities about the anti-discrimination and equality legislation, specifically with regard to equality irrespective of race, colour or national extraction, as well as existing mechanisms and procedures for complaints, and assistance to victims of discrimination.

Inherent job requirements. The Committee recalls its previous comments on the schedule relating to section 4(2) of the Law on Equal Treatment of Men and Women in Employment and Vocational Training, which excludes certain occupations from the Law’s provisions concerning access to employment, vocational training and self-employment. Noting that the Government’s report does not contain any information in this regard, the Committee once again asks the Government to provide information regarding the outcome of the review by the Labour Advisory Board of the schedule relating to section 4(2) of the Law on Equal Treatment of Men and Women in Employment and Vocational Training, and in particular, paragraph 4 of the schedule. Please also provide information on the practical application of section 4(2) of the Law, including information on the facts and outcomes of any related cases dealt with by the competent authorities.

Judicial and administrative decisions. The Committee notes the Government’s indication that from June 2009 to May 2011, 103 complaints were submitted to the Equality Authority in relation to gender, and 14 were found to be admissible. The Committee asks the Government to indicate the reasons for the relatively low rate of admissibility of the complaints submitted to the Equality Authority. The Committee also asks the Government to provide information on the practical application of Law No. 39(I) of 2009 (Amendment) regarding Equal Treatment between Men and Women in Employment and Vocational Training, Law No. 40(I) of 2009 (Amendment) concerning Equal Treatment of Men and Women with respect to Social Security Professional Schemes, Regulation No. 176/2009 concerning Independent Assistance to Victims of Discrimination, as well as section 5(3)(b) of the Laws of 2002 to 2009 on Equal Treatment in Employment and Occupation, and the Protection of Maternity Law as amended by Law No. 70(I)/2011, including the number and details of judicial and administrative decisions, as well as complaints dealt with by the labour inspectors and the Equality Authority. Please also provide a copy of the guide on “non-discrimination on the grounds of age in the field of employment and occupation” and the “manual on matters of sex discrimination in employment and vocational training”, which were not attached to the Government’s report.