CMNT_TITLE

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Brazil (RATIFICATION: 1965)

Other comments on C111

Observation

Direct Request

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Article 2 of the Convention. National equality policy. In its previous comments, the Committee requested the Government to provide information on the action taken by the National Committee for Equality of Opportunities on the Basis of Gender, Race, Ethnic Origin, for Persons with Disabilities and to Combat Discrimination; the Secretariat for Women’s Policies and the Secretariat for Policies to Promote Racial Equality, established in the context of the 2008–11 Plan, and the activities undertaken by the National Coordinating Unit for the Promotion of Equality of Opportunity and the Elimination of Discrimination at Work. In this regard, the Committee notes the Government’s indication that the action undertaken focused on combating inequality in relation to the rights of women, black and indigenous persons, persons with disabilities, the elderly, lesbians, gays, bisexuals and transsexuals (LGBT), as well as persons suffering from intimidation and sexual harassment, among other victims of discrimination in employment and occupation. Activities were also undertaken in support of the social dialogue bodies existing in the Ministry of Labour and Employment, and particularly the Tripartite Commission for International Relations (CTRI), the Tripartite Committee for Equality of Opportunity and Treatment, Gender and Race at Work (CTIO), the Quadripartite Commission for the Strengthening of Minimum Wages, the Standing Joint Tripartite Commission (CTPP) and the National Immigration Council (CNIG). The Committee nevertheless observes that, although extensive and detailed information has been provided on the objectives of these bodies, the Government’s report contains only brief indications on the specific activities undertaken by them (with the exception of the activities carried out by the Secretariat for Women’s Policies, which are examined below) and on their impact on the eradication of discrimination and the integration of the workers who are most exposed to discrimination in the labour market. The Committee emphasizes in this respect that the application of the Convention can only be measured by the effectiveness of the national policy and the results achieved, for which purpose up-to-date information is required (see General Survey on fundamental Conventions, 2012, paragraph 734). The Committee refers in this regard to Article 3(f) of the Convention. The Committee once again requests the Government to provide up-to-date information on the specific activities and measures adopted by all the bodies referred to above in the context of the national equality policy, the results achieved, including information on the outcome of the evaluation of the implementation of these activities carried out by the National Committee for Equality of Opportunities.

Territorial/sectoral training plans (PLANTEQ) and youth programmes. The Committee notes the extensive information provided by the Government on education and training plans and the indication that a series of such plans are devoted to women domestic workers. The Government indicates that in 2010 vocational training was provided to 154,544 workers selected from the most vulnerable groups, of whom 64.51 per cent were women. The Government indicates that the aim of these plans is to achieve the integration of 30 per cent of these workers into the labour market. The Government is also planning to extend training to women in prison. The Committee further notes a range of programmes for the vocational training and education of young persons. These programmes have varying objectives, ranging from school attendance by young persons to their integration into the urban and rural labour market. The Committee requests the Government to continue providing information on the participation and labour market integration rates of women, persons of African origin and indigenous persons as a result of the Territorial/sectoral training plans (PLANTEQ) and the various programmes for youth. The Committee further requests the Government to provide information on the progress achieved in the context of the Brazil Gender and Race Programme.

Promotion of equality of opportunity and treatment for men and women. With regard to the National Plan I for Policies for Women implemented in 2009 and 2010, the Government indicates that there was a gender equality mainstreaming in public policies, which resulted in a rise in the employment rate of women from 50.7 percent in 2003 to 52.4 per cent in 2007. The Government adds that at least half of the beneficiaries of training plans were women and that micro-credits have been granted principally to women; loans have been granted to over 400,000 rural women workers; equal number of property titles were issued to families benefitting from the agrarian reform; and activities were undertaken to train and raise the educational level of women domestic workers; and vocational and trade union training has been provided for 350 women. The Government adds that in the context of the programme “Consortium for Youth” implemented between 2003 and 2007, some 215,000 young persons were trained, of whom 65,000 were integrated into the labour market and 55 per cent were young women. Finally, in the context of the Economic Solidarity Programme, efforts are made to promote the economic and financial autonomy of women, with the registration up to 2007 of 22,000 solidarity-based economic undertakings with significant participation by women. With regard to the implementation of the Pro Equity Gender Programme, which focuses on encouraging public and private organizations to adopt measures with a view to eliminating discriminatory practices, the Government indicates that during the period 2009–10 a total of 58 organizations received the certification label. With reference to the implementation of National Plan II for Women’s Policies, the Government indicates that it constituted the basis guiding the action of the Secretariat for Women’s Policies. The action carried out included in particular: the training of 56,043 women in programmes to promote economic autonomy through integration into the labour market; the adoption of women’s policy plans in 33 per cent of states; 84 educational campaigns for women on equality issues; the establishment of 14 working groups and supervisory bodies and of a support network for women victims of violence. The Committee requests the Government to continue providing information on the implementation and impact of both the National Plan II for Women’s Policies and the Pro Equity Gender Programme.

Sexual harassment. The Government indicates that all programmes and activities for women include components intended to combat sexual harassment at the workplace, as well as procedures to make complaints by telephone or the Internet. The Government adds that there exist special delegations for women and that the Secretariat for Women’s Policies encourages victims to make complaints so that the appropriate measures can be taken, although it acknowledges a certain reticence by victims in view of their fear of reprisals. According to the Government, this situation is changing as a result of awareness-raising and information campaigns. The Committee requests the Government to continue providing information on the measures adopted with a view to affording adequate protection against sexual harassment for both men and women workers and their impact on its prevention and elimination. The Committee asks the Government to provide information on the complaints lodged concerning sexual harassment and their outcome. The Committee further requests the Government to indicate whether the Bill on equality and the eradication of discrimination contains provisions regarding sexual harassment. The Committee refers the Government to its general observation of 2002 and invites it to ensure that the elements raised by the Committee in that observation are reflected in the new legislation.

Sexual orientation. The Committee notes that the Government is engaged in drawing up a national plan for lesbians, gays, bisexuals and transsexuals (LGBT) with a view to improving their social integration and their insertion into the labour market in the context of the programme Brazil without Homophobia, which has been in force since 2004. The objectives of the plan include eliminating violence and discrimination against persons on the ground of their sexual orientation and facilitating complaint procedures for victims of discrimination due to their sexual orientation. The Committee requests the Government to indicate whether the National Plan for LGBT has already been adopted and, if so, the measures that have been taken in that context and their impact on the integration of LGBT workers into the labour market and on their working conditions.

Real or supposed HIV status. The Committee notes the adoption of Act No. 1246, of 28 May 2010, providing guidance to enterprises concerning HIV and AIDS, which prohibits any test concerning the sero-positive status of employees at the time of admission to employment and when changing jobs. The Committee requests the Government to provide information on the implementation of this Act and on any complaints of violations of the prohibition to carry out HIV tests, and their outcome.

Persons with disabilities. The Committee notes the Government’s indication that during the period 2009–11, as a result of the direct action of the labour inspection services, 52,129 workers with disabilities entered the labour market, representing 11.2 per cent fewer than the corresponding number for the 2007–09 period. The Government adds that in the context of the National Pilot Project of Incentives for the Training of Persons with Deficiencies, which is operational in 22 federal states, the integration of 3,651 apprentices into the labour market was achieved. The Committee also emphasizes the information concerning collective agreements containing clauses to promote the employment of workers with disabilities. The Committee requests the Government to continue providing information on the measures adopted with a view to the training and labour market integration of workers with disabilities, and on the awareness-raising measures for workers’ and employers’ organizations on this matter in both the public and the private sectors.

Article 3(a). Cooperation with the social partners. The Committee notes the numerous training activities undertaken in cooperation with trade unions targeting the various sectors of the population (and particularly the PLANTEQ). The Committee also notes the Government’s indications on court rulings setting aside clauses in various collective agreements (concerning remuneration, health insurance, working conditions, etc.) which were considered discriminatory. The Committee requests the Government to continue providing information on the latest action taken in cooperation with trade unions, and particularly on the impact of the measures adopted in the context of the 2009–11 Plan of Action of the Tripartite Committee on Equality of Opportunity and Treatment in terms of promoting equality in employment and occupation. The Committee further requests the Government to provide information on the collective agreements concluded and the clauses that have been found to be discriminatory by the judicial authorities, as well as those which give effect to the principles of the Convention.

Parts III–V of the report form. The Government indicates that during the period 2009–11 there was only a single action by the labour inspection services relating to differences in pay between men and women. The Government also provides information on the establishment of the Labour Discrimination Registration System, which makes it possible to lodge complaints over the Internet, and also indicates the action taken on the complaint and its outcome. Statistical reports are also drawn up on the consultations and measures adopted in this respect. The Government provides statistical data on the complaints lodged for sexual harassment and discrimination at work on the ground of race. The Committee requests the Government to provide information on the training provided to labour inspectors on discrimination in employment and occupation with a view to being able to detect and address cases of discrimination at the workplace. It also requests the Government to continue providing information on the complaints made through the Labour Discrimination Registration System and their follow-up, as well as any court rulings relating to the application of the Convention.