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Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Latvia (RATIFICATION: 1992)

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Observation

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The Committee notes the observations of the Free Trade Union Confederation of Latvia (FTUCL) communicated with the Government’s reports.

Article 1(1)(a) of the Convention. Prohibited grounds of discrimination. Legislation. The Committee notes from the Government’s website that article 2 of the Law on Prohibition of Discrimination of Natural Persons – Economic Operators of 2012 was amended in 2021 to introduce article 2(2) expanding the prohibition on discrimination to also include “access to economic activity” including starting, expanding or equipping an economic activity or starting or expanding any other type of activity. It notes with regret that the Government did not seize this opportunity to prohibit discrimination based on colour and social origin with respect to self-employment, as requested by the Committee for several years. The Committee notes the Government’s repeated indication, in its report, that it has no plan to extend the list of prohibited grounds of discrimination, as the legal framework includes the ground of colour. The Committee notes the Government indications that the Ombudsman’s Office has not received any applications regarding discrimination against self-employed persons. The Committee reiterates its request to the Government to provide information on (i) any measures taken to ensure the protection of self-employed workers against discrimination on the grounds of colour and social origin, both in law and practice; and (ii) the application of section 2(1) of the Law on Prohibition of Discrimination of Natural Persons-Economic Operators in practice, including any violations detected or dealt with by the labour inspectorate or other competent authorities.

Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. The Committee notes the finding of the Central Statistical Bureau’s “Survey on Gender-Based Violence” conducted in 2021, that 11 per cent of women (5 per cent of men) disclosed having encountered some form of sexual harassment at work. According to the Survey, the most common experience of sexual violence in the workplace has been among women aged 18-29, where 15.5 per cent experienced sexual harassment over the course of their entire working life. The Committee also notes the information provided by the Government that during the reporting period the State Labour Inspectorate and the Ombudsman’s Office had not received any applications or complaints on sexual harassment in the workplace. The Committee notes the observation in the 2022 European Commission country report on gender equality, that the major problem on the issue of sexual harassment relates to the fact that sexual harassment cases are very rare, which testifies that this is still a latent problem. The victims of sexual harassment are unable or unwilling to bring their case before the justice system (Country report on gender equality, Latvia, 2022, page 18). The Committee again notes with regret that the Government did not provide information on the measures taken to raise awareness specifically about sexual harassment and the complaints mechanisms available. In light of the above, the Committee asks the Government: (i) to examine whether the applicable substantive and procedural provisions allow claims of discrimination to be brought successfully in practice, and to keep it informed of any development in this regard; (ii) to step up its efforts at raising awareness of workers, employers, and their respective organizations about sexual harassment at work and the legal procedures available; and (iii) to continue providing information on the number of complaints and cases of sexual harassment detected or dealt with by the labour inspectorate, the courts or any other competent authorities, as well as the penalties imposed and compensation awarded.

Article 2. Equality of opportunity and treatment of women and men. The Committee notes the measures adopted by the Government to reduce vertical and horizontal gender segregation in the labour market and combat gender stereotypes, including by improving women’s participation in non-traditional fields of study and professions, and adopting measures to achieve better conciliation between work and family responsibilities. It takes note for example: (1) the actions undertaken by the State Education Development Agency to combat stereotypes about occupations and sectors suitable for women and men, particularly through gender-responsive career days attended by 500,000 students so far; (2) the approval of the Plan for Promotion of Equal Rights and Opportunities for Women and Men for 2021–23 (the new plan for 2024–27 is in the process of development); (3) the 2022 amendments to the Labour Law to transpose the legal provisions of the European Union Directive (EU) 2019/1158 of the European Parliament and of the Council of 20 June 2019 on work-life balance for parents and carers; (4) the 95 awareness-raising measures implemented between 2020 and 2022 including in cooperation of the Employers' Confederation and the Free Trade Union Confederation of Latvia (FTUCL) to promote better work-life balance, equal share of care responsibilities between men and women, and flexible work organization all with the goal of promoting equal opportunities for women and men in the labour market; and (5) the FTUCL 2020 study on the practical application of legal provisions for balancing work and private life, the availability of work-life balance opportunities, and existing practice in collective agreements, and the resulting roadmap for trade union leaders at company level to ensure the implementation of practical work-life balance measures. The Committee notes the results of a 2022 survey of the Ministry of Welfare which showed the most frequently mentioned obstacles to use of parental leave at the workplace include problems with substitutability at work, the employer’s negative attitude, the lack of a supportive internal culture at the workplace, and fear of losing one’s job; and that about one-fifth of the respondents encountered prejudices or stereotypes in person or amongst their immediate social circle, mainly related to the involvement of men in childcare. The Committee notes from the Annex number 3 to the Governments report, the steady and sometimes increasing occupational segregation of women in sectors such as, education (82 per cent share of employment), human health and social work activities (86 per cent share), other service activities (82 per cent share), and accommodation and food service activities (72 per cent share). The Committee asks the Government to continue: (i) to strengthen its efforts to address vertical and horizontal gender segregation in the labour market and gender stereotypes, including by improving women’s participation in non-traditional fields of study and professions, and through addressing negative gender roles and stereotypes surrounding the roles and aspirations of men and women in the society in general; and (ii) to provide statistical information on the distribution of men and women, disaggregated by economic sector and occupation, both in the public and private sectors.

Equality of opportunity and treatment irrespective of race, colour, national extraction or social origin. Roma. The Committing notes from the Governments report, the data of the State Employment Agency (SEA) indicating that the number of unemployed Roma decreased at the end of 2022 compared to the previous year (from 608 to 524 persons). It further notes that in 2022, 321 unemployed Roma were recipients of SEA support measures; most often in paid temporary public works (212), subsidized workplaces (33), non-formal education (including the Latvian language) training, measures to increase competitiveness, and summer employment for students. In 2022, 179 unemployed Roma people found work, which is slightly more than in the previous year (173), but still less than at the pre-pandemic level (247 in 2019). The Committee notes the information provided by the Government that at the end of 2022, 473 unemployed Roma (90 per cent of all unemployed Roma) had a low level of education (primary education or education lower than basic education). In this regard, it notes that at the end of 2022, the SEA initiated a new training programme for the unemployed with basic education entitled “Support for persons with low reading and writing skills”. It notes that 14 educational institutions were approved for the implementation of the measure, but that the programme is delayed due to low participation. The Committee notes the various projects undertaken by the State Education Development Agency to improve the professional competence and competitiveness of adults, including Roma men and women and to expand learning opportunities to employed persons with a low level of education. The Committee welcomes the detailed information and statistics about the participation in active labour market policy measures and regarding the “Latvian Roma Platform” implemented by the Ministry of Culture from 2016–25 as a mechanism for coordination and implementation of the Plan for the Implementation of Measures of the Roma Strategic Framework for 2022–23. It notes that development of the new 2024–27 Plan is underway. The Committee notes that in 2021, the Cabinet of Ministers approved the Education Development Guidelines 2021–27 which includes such measures as to provide a sufficient number of teachers and support staff for children in need due to different circumstances; and to support and involve Roma pupils in education. The Committee notes that from 2017–23 the State Education Quality Service has implemented the European Social Fund project “Support to Reduce Early School Leaving” involving 599 education institutions and 37 state vocational education institutions and that within the project, an individual support plan is created for each student (43,334 students so far) exposed to the risk of early school leaving, including many Roma children. Support includes, inter alia, compensation for public transportation, meals, accommodation, and individual learning items. The Committee notes the various programmes for youth and adults aimed promoting inclusion and reducing discrimination including for Roma people, such as the National Youth Policy Program, Project No. 9.1.4.4./16/I/001 “Promoting Diversity”, and the “Motivation program for people who have faced obstacles getting involved in employment or education because of their gender, nationality or disability”. The Committee notes that a study from the Ombudsman’s Office, “Situation of Roma in Latvia” (2021/2022) was undertaken which included recommendations. The Committee asks the Government to provide information on the results of all the measures taken to ensure Roma people can access equal treatment and opportunity in education, training and employment, in the framework of the National Identity, Civil Society and Integration Policy Implementation Plan for 2022–23, the Plan for the Implementation of Measures of the Roma Strategic Framework for 2022–23 and the National Youth Policy Program and the Motivation program for people who have faced obstacles getting involved in employment or education. It asks the government to provide information on the findings, recommendations and measures adopted related to the study of the Ombudsman, “Situation of Roma in Latvia” (2021/2022); and the measures to combat stereotypes and stigma against Roma in the general population. Finally, it also asks the Government to provide statistical data on the participation of Roma in education, professional and vocational training courses, as well as in the labour market.

General observation on discrimination based on race, colour and national extraction adopted in 2018. The Committee notes the numerous measures taken by the Government to combat discrimination based on national extraction, such as for example the inclusive participation foreseen in the Guidelines for the Development of a Cohesive and Active Civil Society 2021–27 which provides for engagement of all national minorities; the planned educational and awareness-raising measures for employers on the principles of diversity and equal opportunities in practice; that the development of an e-learning programme in foreseen, which will include at least six modules covering the following grounds for non-discrimination: gender, age, disability, ethnicity, religion and is aimed at policy planning and implementing specialists; the independent assessment of the implementation of the Action Plan for the Reduction of Racism and Anti-Semitism for 2023; and the development of the next Action Plan for the Reduction of Racism and Anti-Semitism (2024–27). It further notes that, in 2021, the Ministry of Culture updated the Statutes of both the Advisory Committee of Ethnic Minority Organization Representatives, and the Advisory Council for the Promotion of Participation of Roma; both advisory bodies are involved in decision-making process and policy planning process. The Committee asks the Government to continue to provide information on the measures undertaken to reduce discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers and to facilitate their participation in education, vocational training programmes and access to a wider range of employment opportunities. It requests the Government to provide information on the findings of the independent assessment of the implementation of the Action Plan for the Reduction of Racism and Anti-Semitism for 2023. The Committee also asks the Government to provide statistical data on the participation of ethnic and racial minorities in education, professional and vocational training courses, as well as in the labour market.

Enforcement. The Committee notes the statistical information provided in the Governments report, in particular that the State Labour Inspectorate (SLI) received 73 applications in 2022 related to discrimination provisions in the Labour Code, and that the SLI imposed administrative penalties in 10 cases, mostly related to unequal pay or benefits. It notes that the Ombudsman’s Office received 19 applications of alleged violations of equal treatment in employment in 2022. The Committees notes that no applications were brought on the grounds of ethnic or national origin, race, language, property status, or sexual orientation during the 2020–22 reporting period, nor on sexual harassment in the workplace or equal pay. The Committee notes the awareness-raising and training measures undertaken by the SLI and Ombudsman during the reporting period. For example, the Government indicates that: (1) the SLI organizes, twice a year, internal training on compliance with Labour Law issues related to discrimination and the application of equal rights principles for all newly hired employees; (2) the Ombudsman provided an opinion to the Latvian Association of Young Scientists regarding possible discrimination of women-scientists on the grounds of pregnancy, limiting their possibilities to take pregnancy related leave; (3) the Ombudsman recommended to the Ministry of Health to develop amendments to the regulations for the recertification of medical practitioners in order to eliminate indirect discrimination based on gender; and (4) a number of trainings and seminars were attended by judges from 2020–23 on EU anti-discrimination law and EU gender equality law. The Committee welcomes the information provided on the work of the SLI and Ombudsman. However, it notes the low number of claims of discrimination brought to these institutions. The Committee recalls where no cases or complaints, or very few, are being lodged, this is likely to indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals (see 2023 General Survey “Achieving Gender Equality at Work”, paragraph 870). In that respect, the Committee notes the Concluding Observations of the United Nations Committee on Economic, Social and Cultural Rights that the Ombudsman’s Office lacks sufficient resources to fully exercise its mandate, including with regard to investigating and resolving complaints of discrimination (E/C.12/LVA/CO/2, 30 March 2021, paragraph 6). It further notes the observation of the EU Country Report on Non-Discrimination, Latvia (2022), that a three-month time limit in filing discrimination complaints before the courts in employment cases may be a significant barrier for victims of discrimination and that there continues to be no national coordination on non-discrimination issues. The EU Country report also observed that since 2004, case law has remained limited concerning discrimination on grounds of race/ethnic origin (zero cases), disability (3 cases), age (3 cases), religion (zero cases), and sexual orientation (zero cases); that the average amount of moral compensation awarded in known discrimination cases is EUR 1 428, which cannot be considered effective, proportionate and dissuasive; and that cases of forward-looking remedies, such as orders to ensure future compliance remain rare (EU Country report on Non-Discrimination, Latvia, 2022, page 98). The Committee asks the Government to provide information on any measures taken or envisaged to: (i) enhance the capacity of labour inspectors, Ombudsman and other relevant authorities to identify and address issues of discrimination in employment and occupation; and (ii) consider undertaking a study as to legal and practical obstacles workers face in accessing means of redress in cases of discrimination. It also asks the Government to continue to provide information on any cases of discrimination detected or dealt with by the labour inspectorate, the Ombudsperson, the courts or any other competent authorities, as well as the sanctions imposed, and remedies provided.