CMNT_TITLE

Repetition

Article 2 of the Convention. Equality of opportunity and treatment for men and women in employment and occupation, including in respect of education and vocational training. With regard to the public sector, the Committee welcomes the Government’s indications concerning the setting up of “gender and equity units” run by women in all ministries and the implementation of the “More young people and women in the administration” programme. The Committee recalls its previous comments underlining the high illiteracy rate among women, the persistently low enrolment rate of girls at all levels of education, the very low percentage of women teachers, the burden of rules and customary practices in relation to the status of women, the persistence of sociocultural constraints, women’s limited access to resources and credit, and the concentration of women in the informal economy at the lowest levels. It also recalls that the objectives of the national gender policy adopted in 2011 included the promotion of gender equality in law and practice in legal instruments, access to and control of resources and the equitable sharing of income between men and women, and the strengthening of the entrepreneurial skills of men and women, by means of priority actions. The Committee requests the Government to continue providing information on the specific measures adopted as part of the national gender policy, or in any other appropriate framework, with a view to promoting equality between men and women in employment and occupation, on the specific activities of the “gender and equity units”, and on the results achieved in this regard. The Government is also requested to provide information on the results achieved in the context of the “More young people and women in the administration” programme, indicating the number of men and women admitted to the public service and the level of the posts to which they have been recruited.

Articles 2 and 3. Formulation of a national equality policy without discrimination on grounds other than sex. The Committee notes the Government’s reference to article 8 of the Constitution (equality of human beings before the law; equal rights for men and women; prohibition of discrimination on the basis of sex, origin, birth, race, ethnic extraction, language, and political, philosophical or religious beliefs or opinions) and to section 3 of the Labour Code (equality of opportunity and treatment irrespective of origin, race, sex, religion or philosophy). The Committee wishes to draw the Government’s attention, firstly, to the fact that section 3 of the Labour Code does not include all the grounds of discrimination in the Convention in respect of which the Government is obliged to implement a national equality policy under Article 2; secondly, to the fact that the implementation of a national equality policy presupposes the adoption of a range of specific measures, which often consist of a combination of legislative and administrative measures, collective agreements, public policies, affirmative action measures, dispute resolution and enforcement mechanisms, specialized bodies, practical programmes and awareness raising (see 2012 General Survey on the fundamental Conventions, paragraph 848). The Committee once again requests the Government to provide information on any measures taken or envisaged to promote equality of opportunity and treatment in employment and occupation with a view to eliminating any discrimination on the grounds other than sex specified in Article 1(1)(a) of the Convention (namely race, colour, religion, political opinion, national extraction or social origin).

Article 5. Restrictions on the employment of women. The Committee recalls that, under the terms of section 231(5) of the Labour Code, the list of types of work prohibited for women or pregnant women or the special protection conditions from which they shall benefit in the performance of such work are to be established by ministerial order. The abovementioned section also establishes the prohibition of, or the application of specific protection measures to, types of work likely to harm the reproductive capacity of women. In its previous comments, the Committee emphasized that any protection measure applicable to the employment of women has to be rigorously proportional to the nature and scope of the protection sought and be limited to maternity protection if it is to be compatible with the principle of equality. It also indicated that provisions relating to the protection of persons working under hazardous or difficult conditions should be aimed at protecting the health and safety of both men and women at work, while taking account of gender differences with regard to specific risks to their health. The Government indicates in its report that it will take account of the Committee’s comments when drawing up the abovementioned ministerial orders. While noting this information, the Committee requests the Government to examine this question in the light of the principle of equality between men and women, taking account of improvements in working conditions, technological developments and changing mentalities, and to provide information on any regulations adopted in this respect. In this regard, the Committee also requests the Government to clarify whether Order No. 1392/MASE/DNTLS/90 of 15 May 1990 concerning the work of women and of pregnant women is still in force and whether it is planned to revise it or to adopt a new legislative text pursuant to section 231(5) of the Labour Code adopted in 2014.

Prohibition of night work of women. The Committee recalls that section 136(1) of the Labour Code prohibits night work by women in factories, manufacturing, mines and quarries, construction sites, workshops and their annexes, except in managerial posts or posts of a technical nature involving responsibility, or under specific conditions. The Committee notes the Government’s indication that the proposal to revise the prohibition of night work by women will be raised the next time that the Labour Code is revised. With regard to the prohibition of night work, the Committee once again refers the Government to its comments on the application of the Night Work (Women) Convention (Revised), 1948 (No. 89), and draws the Government’s attention to the provisions on this subject contained in the: (a) Protocol of 1990 to the Night Work (Women) Convention (Revised), 1948; and (b) the Night Work Convention, 1990 (No. 171), and the Safety and Health in Mines Convention, 1995 (No. 176), and the corresponding recommendations. The Committee once again invites the Government, in consultation with the social partners and in particular women workers, to review the prohibition of night work by women in the light of the principle of gender equality and technological developments, based on an examination of the supplementary measures that would be necessary to ensure that men and women have access to employment on an equal footing, including measures to improve health protection for men and women, appropriate means of transport and adequate safety measures, as well as social services and other measures to facilitate the balance between work and family responsibilities.