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Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Lithuania (RATIFICATION: 1994)

Other comments on C111

Observation

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Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. The Committee previously noted that: (1) section 58 of the Labour Code provides that sexual harassment as well as other acts of discrimination, are considered to be severe breaches of labour duties for which an employer has the right to terminate an employment contract without notice and severance pay; and (2) section 6(1) of the Law on Equal Opportunities for Women and Men imposes a duty on employers to protect employees, including civil servants, and jobseekers, from harassment and sexual harassment. The Committee notes the Government’s statement, in its report, that, in 2018, the Office of the Equal Opportunities Ombudsperson adopted internal rules specifying concrete measures to protect employees from sexual harassment or harassment, which can also be used by other institutions and companies who want to ensure the dignity and equality of their employees at the workplace. The Committee however notes the Government’s indication that: (1) Labour Dispute Committees did not dealt with any dispute on sexual harassment; (2) between 2017 and 2019, nine complaints regarding sexual harassment at work were received by the Office of the Equal Opportunities Ombudsperson, of which it was suggested to stop the action in five cases; only one complaint was received in 2019; and (3) in, 2016 and 2017, no case of sexual harassment was detected by the State Labour Inspectorate, while in 2018 only one case of non-respect by the employer of its duty regarding harassment and sexual harassment was identified. In light of the persistent very low number of complaint or cases of sexual harassment, the Committee recalls that the absence or the low number of complaints regarding sexual harassment does not necessarily indicate that this form of sex discrimination does not exist; rather, it is likely to reflect the lack of awareness, understanding and recognition of this form of sex discrimination among workers and employers and their organizations, as well as the inadequacy of complaints mechanisms and means of redress (see 2012 General Survey on the fundamental Conventions, paragraph 790). In that regard, the Committee notes that, in its 2019 concluding observations, the United Nations (UN) Committee on the Elimination of Discrimination against Women (CEDAW) expressed concern about the inadequate handling of cases of gender-based violence against women, in particular sexual and domestic violence, by the investigating authorities, such as failure to complete the investigation or to move to criminal prosecution (CEDAW/C/LTU/CO/6, 12 November 2019, paragraph 22(c)). It further notes that, according to the 2019 European Commission country report on gender equality, there is no case law related to sexual harassment in the workplace, and that despite some individual efforts to organize social media campaigns, there is a general lack of perception of sexual harassment as a phenomenon, and the victims of possible harassment remain without public, legal and psychological support (page 14). The Committee asks the Government to provide information on: (i) the concrete measures taken, in particular in collaboration with workers, employers and their respective organizations, (ii) measures taken to prevent and address sexual harassment at work, in particular by raising awareness of section 58 of the Labour Code and section 6(1) of the Law on Equal Opportunities for Women and Men; and (iii) any case of sexual harassment and occupation dealt with by labour inspectors, Labour Dispute Committees, the Equal Opportunities Ombudsperson or the courts, as well as the sanctions imposed and remedies provided.

Article 1(1)(b). Additional grounds of discrimination. Disability. The Committee previously noted the adoption of Law No. XII-2470 on Employment, 2016; the National Social Integration Programme of the Disabled Persons for 2013–19; as well as of a vocational rehabilitation programme which provided for several subsidies and support measures for the employment and vocational rehabilitation of persons with disabilities. It notes the Government’s indication that, in December 2018, amendments were introduced to the Law on Equal Opportunities for Women and Men in order to establish the Commission for the Monitoring of the Rights of Persons with Disabilities, responsible for monitoring the implementation of the UN Convention on the Rights of Persons with Disabilities and make recommendations to improve the national legislation and public policies. The Committee notes the Government’s statement that 2,214 persons with disabilities participated in vocational rehabilitation services from 2015 to 2018. The Government adds that, from 2016 to 2018, discussions were held on the way to improve the quality and efficiency of vocational rehabilitation services. As a result, a booklet about quality standards for vocational rehabilitation was developed. The Committee notes that several projects were implemented, in the framework of the National Programme for the Social Integration of Persons with Disabilities for 2013–2019, such as: (1) a persons with disabilities’ day; and (2) the employment of people with disabilities in various craft society clubs where they can learn how to make various goods, and develop craft and artistic skills in social clubs. It further notes the Government’s indication that the Programme anticipates promoting greater employment of people with disabilities, in particular through: (1) active labour market policy measures including subsidized employment and employment by social enterprises; (2) enhancement of self-employment; and (3) vocational training and professional rehabilitation. The Government adds that it is anticipated that, consequently, the number of the persons with a disability in employment will increase by one fifth. The Committee notes that, in its 2019 concluding observations, the CEDAW expressed concern about the existence of multifold obstacles to employment for women with disabilities (CEDAW/C/LTU/CO/6, 12 November 2019, paragraph 42). It further notes, from the statistical information provided by the Government that, between 2017 and 2019, the Office of Equal Opportunities Ombudsperson received 22 complaints concerning discrimination on the ground of disability in employment. The Committee asks the Government to continue to provide information: (i) on the measures taken to promote equality of opportunity and treatment for persons with disabilities in order to enhance their access to vocational training and employment, as well as on their impact in practice; (ii) on the activities of the Commission for the Monitoring of the Rights of Persons with Disabilities implemented to that end, as well as on any recommendations made to improve the national legislation or public policies; and (iii) on the employment rate of persons with disabilities, disaggregated by sex and work environment (segregated work environment or open labour market).

Article 1(2). Inherent requirements of the job. The Committee previously noted that: (1) section 9 of the Law on Civil Service requires a good command of the state language to be admitted to the position of civil servant; (2) requirements regarding religion can be imposed for the staff of religious communities, societies and centres; and (3) section 6(5) of the Law on Equal Opportunities for Women and Men provides that a different treatment between men and women is not deemed to be discriminatory when a certain job can be performed only by a person of a particular sex where, due to the nature of a specific professional activity or the conditions of its fulfilment, the sex of the person is an essential (unavoidable) and determinant professional requirement. The Committee notes with regret the repeated lack of information provided by the Government on the implementation of these provisions. It further notes the Government’s indication that no statistical information is available on the number and positions of persons from national minorities recruited as civil servants since adoption of the Law on Civil Service. Recalling that the concept of inherent requirements must be interpreted restrictively so as to avoid undue limitation of the protection provided by the Convention, the Committee again asks the Government to: (i) indicate how it is ensured that language requirements do not in practice deprive ethnic minority groups of equality of opportunity and treatment in respect of their employment in the civil service; and (ii) provide examples of cases where the sex of a person or his or her religion has been considered to be an inherent requirement of a particular job, under national legislation or in practice.

Article 2. National equality policy. Referring to its previous comments regarding the adoption of an Inter-institutional Action Plan for the Promotion of Non-discrimination for 2015–20, the Committee notes that such plan was formally discontinued at the end of 2016 and replaced in May 2017 by an Action Plan for the Promotion of Non-discrimination for 2017–2019. In that regard, it notes the Government’s statement that the action plan for 2017–2019 includes several measures which aim at improving the legal framework, the inter-institutional cooperation, as well as public awareness, education and research on non-discrimination and equal opportunities, including in collaboration with the Office of the Equal Opportunities Ombudsperson, in order to reduce discrimination in the labour market. The Government adds that, in 2018, the Ombudsperson launched a website on equality plans for employers and carried out a number of activities to promote equal opportunities in the labour market. Furthermore, in 2019, an initiative called “Wings of equal opportunities” was launched to reward companies and organizations for their proactive work in the field of equal opportunities. The Committee asks the Government to: (i) continue to provide information on the concrete steps taken, in particular in the context of the Action Plan for the Promotion of Non-discrimination for 2017–2019 or any similar plan adopted as a follow-up, in order to effectively promote equality of opportunity and treatment in employment and occupation, with respect to all of the grounds covered by the Convention, and address discriminatory practices; and (ii) provide information on any assessment made of the impact of such actions.

Enforcement. The Committee notes the Government’s indication that a checklist on equal rights for women and men in employment was developed by the State Labour Inspectorate to assist labour inspectors. The Government adds that the State Labour Inspectorate also organized educational seminars and consultations regarding gender equality in employment. The Committee notes the Government’s indication that in 2016 and 2017 no violation was found by the State Labour Inspectorate, whereas seven violations were identified in 2018 regarding the lack of implementation of equal opportunities policies. Furthermore, between 2017 and 2019, the Office of the Equal Opportunities Ombudsperson received 196 complaints alleging discrimination in employment, for which violation was detected in 43 cases. The Committee asks the Government to continue to provide information: (i) on any measures taken or envisaged to promote the enforcement of the principles of the Convention; and (ii) on any cases of discrimination in employment and occupation dealt with by labour inspectors, Labour Dispute Committees, the Equal Opportunities Ombudsperson or the courts, as well as the sanctions imposed and remedies provided.