CMNT_TITLE

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Türkiye (RATIFICATION: 1967)

Other comments on C111

Observation

Direct Request

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The Committee notes the observations of the Turkish Confederation of Employer Associations (TISK) and the Confederation of Turkish Trade Unions (TÜRK-IS), which were attached to the Government’s report.

Legislative developments. The Committee notes that the Act on the Committee on Equality of Opportunities for Women and Men entered into force in March 2009, that the Committee concerned is mainly responsible for protecting and improving women’s rights; it debates bills and submits reports on them but also considers claims concerning gender discrimination. Moreover, the Committee has the competence to examine social issues, conduct awareness-raising activities, and organize local, national, and international meetings, panels and symposiums. Please provide information on the bills examined and the activities organized by the Committee on Equality of Opportunities for Women and Men and their impact.

Articles 1 and 2 of the Convention. Equality of opportunity and treatment in employment and occupation irrespective of race, colour and national extraction. The Committee regrets that once again the Government provides no information on the situation in employment and occupation of non-Muslim minorities, as well as Turkish citizens of Kurdish and Roma origin. In this respect, the Committee notes that in its concluding observations, the United Nations Committee on Economic, Social and Cultural Rights expressed its concern about the absence of a broad legislative framework for the recognition of all minorities, including Kurds and Roma, and the protection of their rights (E/C.12/TUR/CO/1 of 12 July 2011). The Committee further notes the conclusions of the European Commission against Racism and Intolerance concerning this issue (ECRI CRI(2011)5 paragraphs 110 to 113 and 118 and 119). The Committee recalls the importance of adopting measures to promote tolerance and coexistence among religious, ethnic and national minorities and highlights the need for an adequate legal framework as well as enforcement mechanisms to address the situation of the different minority groups with respect to their access to employment and occupation as well as to training and education. The Committee requests the Government to provide information on the steps taken so as to ensure that the existing legal framework covers all minorities, particularly non-Muslims and Turkish citizens of Kurdish and Roma origin, against discrimination in employment and occupation. Please also provide information on the awareness-raising campaigns planned or carried out together with proactive measures adopted to analyse and address the situation of these minorities.

Sexual harassment. Recalling that neither sections 24 and 25 of the Labour Code nor section 105 of the Penal Code, provide a definition of the term “sexual harassment”, the Committee requests the Government to provide information regarding how the meaning and scope of this term has been interpreted and applied, including through judicial decisions. The Committee also requests the Government to indicate how many of the numerous convictions under 105 of the Penal Code relate to cases of sexual harassment at the workplace. Please also provide information on any measures taken to prevent and address sexual harassment in employment and occupation.

Employment restrictions. The Committee again requests the Government to provide detailed information on the cases in which the employee’s age, sex or health is considered incompatible with employment in a specific establishment pursuant to section 79 of the Labour Code.

Statistical information. The Committee welcomes the detailed statistical data provided on employment and education levels of men and women. The Committee encourages the Government to continue to collect and analyse detailed statistics disaggregated by sex on the employment of men and women in the public and private sectors since 2009, and their levels of education, with a view to assessing the progress made in promoting equality of opportunity and treatment of men and women in employment and occupation.