CMNT_TITLE

Repetition

Article 1(1)(a) of the Convention. Discrimination on the basis of sex. The Committee notes that section 2 of the Federal Labour Act, as amended on 30 November 2012, makes the substantive equality implied by access to the same opportunities, subject to “considering the biological, social and cultural differences of men and women”. In this respect, the Committee recalls that protection against discrimination applies to both men and women, although considerable inequalities exist to the detriment of women. In this context, the Committee emphasizes that women should have the right to pursue freely any job or profession and that stereotyped assumptions regarding women’s aspirations and capabilities, their suitability for certain jobs or their interest or availability for full-time work, continue to lead to the segregation of men and women in education and training, and consequently, in the labour market (see the General Survey on the fundamental Conventions, 2012, paragraph 783 et seq.). The Committee requests the Government to indicate the scope of application and the coverage of section 2 of the Federal Labour Act.

Article 2. National Development Plan. The Committee requests the Government to provide information on the specific measures adopted under the National Development Plan 2013–18 and their impact on the treatment of discrimination in employment and occupation, at least, in relation to each of the criteria laid out in the Convention. Please also provide information on affirmative action measures adopted in the framework of the Plan and on the application in practice of the Federal Act to prevent and eliminate discrimination.

Gender equality. In relation to the comments of the Revolutionary Confederation of Manual and Rural Workers (CROC) and the “Vanguardia Obrera” Workers’ Federation (FTVO) regarding the lack of clear anti-discrimination action and policies, the Committee notes the information provided on the measures, training and awareness-raising activities and programmes adopted by the Government in application of the Convention. In particular, the Committee notes the implementation of the “Steps towards employment equality at work” programme (previously “Equality of employment conditions: against segregation and sexual harassment”), under which all federated states adopted provisions punishing sexual harassment in their penal codes; agreements were concluded with the social partners at federated and national levels with a view to eliminating gender-based wage discrimination and occupational segregation; workshops were organized on employment equality; and technical assistance was provided for the implementation of activities on equality at the workplace. The Committee also notes the results of the implementation of the Gender Equity Model (MEG), under which certification was awarded to 1,615 organizations for compliance with the established criteria on gender equality, and the Responsible Enterprise for Families Award was granted to 477 organizations for the measures adopted with a view to reconciling family and work responsibilities. The Committee also notes that the gender perspective is a fundamental principle of the National Development Plan 2013–18. The Committee requests the Government to continue providing information on the specific impact of these programmes and measures, in particular regarding the labour market participation rate of women and the elimination of occupational segregation, as well as on the implementation of the National Development Plan 2013–18 and the National Programme for Equality of Opportunities and Non-discrimination against Women (2013–18).

Part III of the report form. Remedies for discrimination in employment and occupation and labour inspection. The Committee notes the Government’s indication that most of the 215 complaints made (on grounds of discrimination on the basis of pregnancy, sex, gender and race) to the National Council for the Prevention of Discrimination (CONAPRED) in the framework of the conciliation procedure established by the Federal Labour Act, were terminated because the defendant did not accept conciliation. Most of the complaints were forwarded to the competent labour authority. In the area of public administration, CONAPRED decided that it was not competent to intervene in the majority of the 64 complaints made. In this respect, the Committee requests the Government, taking into account the limited success of the conciliation procedure established within the framework of CONAPRED, to undertake a review of that procedure and to take measures with a view to modifying and adapting it so that it becomes a useful instrument for the prevention and resolution of complaints of discrimination. The Committee asks the Government to provide information on any developments in this respect. The Committee requests the Government to continue supplying information on the complaints made to CONAPRED, specifying the nature of the complaints and the action taken as a result. The Committee also requests the Government to provide information on the activities of the labour inspectorate in relation to the application of the Convention. Please also provide information on the training provided for labour inspectors on discrimination in employment.