CMNT_TITLE

CMNT_TITLE

CMNT_TITLE

CMNT_TITLE

CMNT_TITLE

CMNT_TITLE

CMNT_TITLE

CMNT_TITLE

The Committee notes that on 5 September 2008 a communication on the application of the Convention was received from the Trade Union Confederation of Workers’ Commissions (CC.OO), which was forwarded to the Government on 18 September 2008. The CC.OO expresses concern at the negotiation of affirmative action measures in enterprises with fewer than 250 workers, because the Council on the Participation of Women has still not been established within the Ministry of Equality, and because many foreign women are having difficulty securing recognition of their right to enter the labour market owing to the fact that they work in the informal economy. The Committee will examine these matters together with any comments the Government may wish to make.

Legislative and administrative measures.  The Committee notes that the Government has adopted a series of legislative and administrative measures to promote equality. Regarding gender equality, it takes note of Basic Act No. 3/2007 of 22 March on effective equality between women and men. The Act transposes European Union Directive No. 2002/73/EC on equal treatment for men and women as regards access to employment, vocational training and promotion, and among other things amends the Workers’ Regulations laying down the right of workers’ representatives to receive information on the application of the principle of equal treatment at work, establishes the duty to negotiate measures to promote equal treatment, for inclusion in collective agreements, enhances protection against discriminatory dismissal, and contains provisions on reconciling family life and work. With regard to migrant workers, orders have been adopted (Nos TAS/3698/2006 and TAS/711/2008) to regulate the registration of non-community foreign workers in public employment services and employment agencies. As regards persons with disabilities, the Government has issued Royal Decrees Nos 1417/2006 and 1414/2006 on a system of arbitration to resolve complaints and on the application of Act No. 51/2003 on equality of opportunity for persons with disabilities. The Committee asks the Government to continue to provide information on these matters, including copies of the provisions of collective agreements setting out measures to promote equality, pursuant to Basic Act No. 3/2007, and on the practical implementation of the right of worker’s representatives to receive information on the application of the principle of equality at work. Please also provide information on the number and nature of complaints filed alleging discrimination in employment and occupation and the outcome thereof.

Discrimination based on race, colour, religion and national extraction. In its previous comments, the Committee requested information regarding the Spanish Observatory on Racism and Xenophobia which was established in 2003 and regarding the Council to Promote Equal Treatment and Non-discrimination with regard to racial and ethnic origin. The Committee once again notes with regret that the Government’s report does not contain the information requested on the activities carried out by the Council. The Committee once again asks the Government to provide information on the activities carried out by the Council to Promote Equal Treatment and Non-discrimination with regard to racial and ethnic origin and by the Observatory, including information on any proposals that may have been made and the action taken on them. The Committee also hopes that the Government will provide information on programmes and plans of action to promote equality of opportunity and treatment  with regard to racial or ethnic origin in employment; and on awareness-raising and educational programmes to promote better understanding and greater tolerance among the public, the competent authorities at all levels and in the working environment, in respect of persons belonging to minority groups, particularly migrants and nationals of non-European origin and the Roma people.

Statistical information. The Committee takes note of the statistical information sent by the Government. It would be grateful if the Government would continue to provide such information and would indicated the proportion of men and women in precarious employment.

Labour inspection. The Committee notes that according to the report, the Labour and Social Security Inspectorate 2008–10 has prepared a plan of action with a view to verifying that equality between men and women is effectively applied in enterprises, and that Instruction No. 2/2008 has been issued in this connection. The Committee requests the Government to provide information on the implementation of the plan of action.

The Committee also requests the Government to provide further information on the application of the Convention in practice and in particular to ensure that the information more directly responds to the Committee’s comments.

CMNT_TITLE

Discrimination based on race, colour, religion and national extraction.

1. In its previous comments, the Committee referred to serious incidents that had occurred in 2000 in the provinces of Murcia, Alicante and Almería affecting migrant workers of Moroccan extraction and it requested the Government to indicate the measures taken to raise public awareness and promote better understanding and tolerance towards persons belonging to minority groups. It also examined the issue under the Migration for Employment Convention (Revised), 1949 (No. 97), and in 2004 decided to pursue its examination of the matter in the more general framework of the measures to be taken by the Government in the context of Convention No. 111 to eliminate discrimination in employment on the grounds of race, colour, religion and national extraction.

2. The Committee notes the establishment in 2003 of the Spanish Observatory on Race and Xenophobia, which is a new body entrusted with carrying out studies and analyses, with the capacity to make proposals to combat racism and xenophobia. In 2003, the Committee referred to the Council to Promote Equal Treatment and Non-Discrimination with regard to Racial and Ethnic Origin.

3. However, the Committee notes that the Government’s report does not contain the information requested on the activities carried out by the above Council. The Committee hopes that the Government will provide information in its next report on the activities undertaken by the Council to Promote Equal Treatment and Non-Discrimination with regard to Racial and Ethnic Origin and by the Observatory, including the proposals that it has made and the action taken to give effect to them. The Committee also hopes that, in its next report, the Government will indicate in particular:

(a)   the number and nature of complaints for breaches of the provisions of the law dealing with discrimination in employment and occupation, and the outcome of such complaints;

(b)   the programmes and plans of action established to promote equal opportunity and treatment in employment with regard to racial or ethnic origin; and

(c)   any measures adopted in collective agreements in accordance with the law.

4. The Committee once again hopes that the next report will contain information on the awareness-raising and education programmes undertaken to promote among the public, all levels of the competent authorities and at work, a better understanding and greater tolerance towards persons belonging to minority groups, and particularly migrants, nationals of non-European extraction and the Roma.

5. Finally, the Committee asks the Government to provide fuller information in its next report on the application of the Convention in practice and, in particular, to provide information more closely related to the comments made by the Committee.

CMNT_TITLE

1. Legislative and administrative measures and agreements. The Committee notes with interest that during the period covered by the report, legislation, agreements and other measures have been adopted which contribute to the application of the principle laid down in the Convention. These include: (1) Royal Decree No. 1600/2004 of 2 July 2004, developing the basic organic structure of the Ministry of Labour and Social Affairs and establishing within the Ministry the General Secretariat for Equality Policies to which the autonomous Institute for Women is attached; (2) the Declaration for Social Dialogue, concluded on 8 July 2004 by the Government and the social partners, which establishes that “the Government and the social partners, through the means available to them, shall seek concerted solutions to promote the employment integration of women and improve their conditions of work”; (3) the inter-federal agreement on collective bargaining, 2005 (ANC 2005), concluded on 4 March 2005 and extended on 26 January 2005, which promotes the inclusion in collective bargaining of practical action to eliminate direct and indirect discrimination; (4) the agreement of the Council of Ministers to adopt measures to promote equality between women and men (Order No. PRE/525/2005 of 7 March), adopting a series of measures to advance the various forms of action which contribute on a daily basis to reducing inequality, such as, for example, the provision that 60 per cent of the actions covered by the National Plan of Action for Employment shall target women and the adoption of measures in the public and private sectors to promote women’s employment; and (5) the Plan for Gender Equality in the General State Administration of 4 March 2005, containing affirmative action measures, and the National Reform Programme of 2005 which, in the section on “market and social dialogue”, envisages the formulation of a Bill on equality between men and women. The report also refers to the preliminary draft of the Organic Act on equality between men and women, which was sent by the Council of Ministers on 3 March 2006 to the preliminary advisory bodies prior to being forwarded to Parliament, and which contains measures promoting the application of the Convention.

2. Information on the application of the Convention in practice and on equality between men and women. The Committee, while noting with interest the measures referred to above, observes that the report contains little information on the application of the Convention in practice. The Committee once again hopes that the next report will contain information on the practical results obtained through these measures. It would particularly appreciate receiving statistics showing developments in:

(a)   women’s activity rates (activity rate, unemployment rate, percentage of women among the long-term unemployed);

(b)   the proportion of women among workers in precarious employment and in part-time work; and

(c)   the distribution of women by vocational qualifications, sector of employment, level of post and remuneration.

The Committee is raising other points in a request addressed directly to the Government.

CMNT_TITLE

Promotion of equality between men and women

1. The Committee notes the information supplied by the Government in response to the previous direct request. It notes in particular the fourth Plan for Equal Opportunities for Men and Women, for the period 2003-06; the chapter on equal opportunities for men and women in the inter-confederational agreement on collective bargaining; the Institute for Women’s programmes to promote women’s participation in the labour market; and the National Action Plan for Social Integration, for the period 2003-05.

2. The Committee hopes that the next report will contain information on the practical results obtained by these measures. It would particularly appreciate receiving statistics showing developments in:

-  women’s activity rates (activity rate; unemployment rate, percentage of women among the long-term unemployed);

-  proportion of women among workers in precarious employment and in part-time work; and

-  the distribution of women by occupational qualification, sector of employment, level of post and remuneration.

3. The Committee also requests the Government to indicate whether it has conducted, or plans to conduct, an evaluation of the effectiveness of the existing framework to promote equal opportunities and treatment in employment for women, and of the main difficulties still to be overcome. The Committee notes in this connection that the report contains little information on the distribution of family responsibilities between men and women and the measures taken to facilitate balancing of family and occupational responsibilities. It hopes that the next report will indicate the measures taken or envisaged in this area.

CMNT_TITLE

1. Discrimination based on race, colour, religion and national extraction. In its observation of 2002, the Committee requested the Government, in view of these serious incidents that had occurred in 2000 in the provinces of Murcia, Alicante and Almeria affecting immigrant workers of Moroccan extraction, to indicate the measures taken with a view to raising public awareness and promoting tolerance towards minority groups and encouraging their integration in the economic and social life of the country.

2. The Committee notes that in reply to that observation, the Government merely repeats the information supplied in 2001 in the report on the Migration for Employment Convention (Revised), 1949 (No. 97), to the effect that a number of bodies have been established to deal with immigration policy and that a new programme has been adopted to regularize and coordinate immigration. No information has been provided on specific measures taken in order to raise public awareness and to promote tolerance towards minority groups.

3. The Committee notes, however, that the last report mentions other important new initiatives to combat discrimination. In particular, Act No. 62/2003 of 30 December 2003 establishes, in Chapter III, a series of measures to apply effectively and in practice the principle of equal treatment and non-discrimination particularly in respect of racial or ethnic origin, religion or belief, disability, age and sexual orientation. It introduces the notion of indirect discrimination into Spanish law and treats harassment on the above grounds as discrimination. It shifts the burden of proof where there is a clear presumption of discrimination on these grounds. It allows positive action in order to prevent and compensate disadvantages experienced by certain groups and the inclusion in collective agreements of measures to combat all forms of discrimination and to prevent harassment. The Act also sets up a Council to Promote Equal Treatment and Non-Discrimination with regard to Racial and Ethnic Origin. The Council’s mandate is to assist the victims of discrimination and forward their complaints, to conduct studies and publish reports on the subject and to promote measures that can help to eliminate discrimination.

4. The Committee notes these measures with interest. It hopes that the next report will contain information on their application in practice, including:

-           the number and nature of complaints of breach of the provisions of the law dealing with discrimination in employment and occupation, and the outcome of such complaints;

-           programmes and plans of action to promote equal treatment in employment with regard to racial or ethnic origin;

-           any measures adopted under collective agreements pursuant to the Act; and

-           the activities of the Council to Promote Equal Treatment and Non-Discrimination with regard to Racial and Ethnic Origin.

5. The Committee again expresses the hope that the next report will contain information on the awareness-raising and education programmes undertaken to promote, among the public, all levels of the competent authorities and at work, better understanding and greater tolerance towards persons belonging to minority groups, particularly immigrants and nationals of non-European extraction, and Roma/Gypsies. The Committee refers the Government in this connection to its observation on Convention No. 97 in which it examines the communication from the Moroccan Democratic Federation of Labour alleging aggression against Moroccan workers in Spain - evidence of the need for vigorous action to combat racist and xenophobic ideas.

6. The Committee hopes that the Government’s recent initiatives, particularly the creation of the Council to Promote Equal Treatment and Non-Discrimination with regard to Racial and Ethnic Origin will be an incentive to the collection of statistical and other data showing how members of minority groups fare on the labour market which can be used to formulate effective policies for these minorities and evaluate the policies’ practical outcomes.

The Committee is raising other points in a request addressed directly to the Government.

CMNT_TITLE

The Committee notes the very detailed information provided by the Government in its report and the annexes to the report.

1. The Committee notes with interest the entry into force of Act No. 12/2001 adopting urgent measures to reform the labour market with a view to increasing and improving the quality of employment. It notes that the Act envisages a series of measures intended to increase stable employment, with a broadening of the categories of women who can benefit from incentives for permanent contracts, either full time or part time. It also notes Act No. 39/1999 to promote the reconciliation of work and family life for women workers, to which the Committee will refer in its comments on Convention No. 156. The Committee also notes the various legislative measures adopted to promote the integration of persons with disabilities into the labour market.

2. The Committee notes the information provided on the employment programmes carried out in 2000 by the Institute for Women. It also notes the intention to strengthen the action of existing procedures to ensure the application of the principle of equality, with the objective of coordinating policies on equality of opportunity with the aim of attaining the average level of women’s employment in the European Union. The Committee requests the Government to provide information on the activities and studies undertaken by the Observatory of Equality of Opportunities for Men and Women in so far as they relate to equality in employment and occupation.

3. The Committee notes that, according to the statistics compiled by the Institute for Women, a total of 59.29 per cent of students with university degrees are women, although this figure falls to 26.27 per cent for technical university courses, with 57.92 per cent of women with degrees having followed courses in law and social science. The Committee requests the Government to provide information on the vocational guidance programmes offered to young persons, avoiding stereotypes and archaic approaches leading to an occupation or profession being reserved for persons of a specific sex.

4. The Committee also notes the precariousness of women in employment, taking into account the high rate of part-time work by women in comparison with men. The Committee requests the Government to provide information on the influence of "family responsibilities" in leading women to opt for this type of employment.

5. The Committee notes with interest the rulings issued in 1999 and 2000 by the Supreme Court, the higher courts and the Constitutional Court relating to the principle of non-discrimination on grounds of sex in employment and occupation, with particular reference to the ruling which found that the encouragement of men to seek a job in an enterprise was a discriminatory practice, despite the fact that there was no inequality of treatment in the selection process, since discrimination had already been perpetrated indirectly, with more men than women applying for the job.

6. The Committee notes the concern expressed by the Committee for the Elimination of Discrimination against Women (CEDAW) in 1999 (document A/54/38, paragraphs 236-277) at the situation of Spanish women on the labour market. In its report, CEDAW emphasizes that the employment rate of women is one of the lowest in Western European countries, that women continued to be inadequately represented in jobs corresponding to their educational level, that the unemployment rate of women is almost double that of men, that women earn on average approximately 30 per cent less than men and that the promotion of part-time work does not resolve the long-term structural issues raised by the double burden borne by women of paid and unpaid work. The Committee observes that the situation has not improved significantly in recent years. The Committee notes that, according to the statistics compiled by the Institute for Women: (a) the activity rate of women continues to be very much lower than that of men, irrespective of their level of training (39.8 per cent in 2000 and 40.36 per cent in 2001, while the rate for men was 63.8 and 64.19 per cent, respectively); (b) of the total employed population in 2001, only 37.86 per cent were women; (c) the unemployment rate of women is considerably higher than that of men (20.5 per cent in 2000 and 18.65 per cent in 2001, compared with 9.7 and 9.08 per cent, respectively). The Committee requests the Government to continue providing information on the activities undertaken by the Institute for Women and other bodies (including the equality organizations of the Autonomous Communities and the Sectoral Conference for Women) with a view to promoting equality of opportunity and treatment in employment and occupation for women, particularly with regard to access to employment.

7. With regard to the activities of the labour inspectorate in relation to discrimination in conditions of work and access to employment, the Committee notes the information provided by the Government that, while the number of interventions increased significantly in 1999 and 2000 in relation to 1997 and 1998, the number of infringements reported is similar. The Committee requests the Government to continue providing statistical information on the infringements reported with regard to equality in employment and occupation on the grounds covered by the Convention. The Committee also requests the Government to indicate in future reports the grounds on which discrimination has occurred, and not just to confine itself to indicating that discrimination occurred "in respect of the conditions of other workers", or "discrimination in access to employment in respect of other workers".

CMNT_TITLE

In its previous comments, the Committee referred to discrimination in employment and occupation on grounds of race, colour, religion and national extraction. While noting the information provided by the Government in its report on the measures adopted by the Labour and Social Security Inspectorate to resolve the problems which had arisen in the agricultural sector with regard to foreign workers in the provinces of Murcia, Alicante and Almería, the Committee notes that no information was supplied on awareness-raising measures and the promotion of social integration of minorities. The Committee therefore once again requests the Government to provide information on the measures that have been taken with a view to raising public awareness of the problem of discrimination on grounds of race, colour, religion and national extraction, as well as any affirmative action taken or envisaged to promote the integration of Moroccan workers and other minorities and ethnic groups into the social and economic life of Spain. The Committee trusts that the Government will take the necessary measures to guarantee tolerance, understanding and respect by the population for these groups and that it will provide detailed information on such measures in its next report. The Committee also requests the Government to provide information on the statistical surveys undertaken in the labour market with a view to analysing the impact of its policy on the situation experienced by Moroccan workers and other minorities in the various sectors of the economy, their access to vocational guidance and training measures, their admission to employment, their conditions of work and their distribution at the various occupational levels.

In addition, the Committee is addressing a request directly to the Government on other matters.

CMNT_TITLE

1.  The Committee notes the communication presented by the General Workers’ Union (UGT) dated 20 January 2000. It also notes the communication of the Democratic Confederation of Labour (CDT) of Morocco, dated 29 February 2000. The Committee notes the Government’s reply, dated 20 September 2000, to the CDT’s communication. The Committee will address only those issues relevant to the application of Convention No. 111 in this comment.

2.  Discrimination on the basis of sex.  The UGT’s comments indicate that, while the situation of women in the Spanish labour market has improved, women are still disadvantaged, particularly in respect of access to employment and equality of remuneration. The Committee invites the Government to submit any response it may deem appropriate to the UGT’s comments, which the Committee will examine at its next session.

3.  Discrimination on the basis of race, colour, religion and national extraction.  The CDT communication describes the events that took place during the month of February 2000 in El Ejido (Province of Almería, in the autonomous region of Andalusia), in which Moroccan workers residing in the region were attacked and beaten. The communication states that most of these workers are employed in the agricultural sector, working in greenhouses where the temperature may reach up to 50 degrees Celsius and where their exposure to pesticides leaves them with pulmonary and skin diseases. In general, the Moroccan workers in this region are neither insured nor do they have work papers, and they can be found residing in ghettos, living in makeshift cardboard or plastic shelters. The injuries suffered by this group of workers and their living and working conditions as described in the CDT’s comments, as well as the Government’s reply to those comments, are set forth in detail in the Committee’s comments on the Migration for Employment Convention (Revised), 1949 (No. 97).

4.  The Committee notes that, following the events that took place in El Ejido, representatives of immigrant associations, employers’ and workers’ organizations signed an Agreement on 12 February 2000, according to which the central Government, the autonomous government of Andalusia, and the employers’ and workers’ organizations undertook to take certain steps to, among other things, re-house and compensate the workers injured due to the events described, launch a programme for the construction of low-cost housing, regularize those workers that were undeclared and without working papers, establish information centres to provide assistance to foreign workers, develop intercultural programmes designed to promote the social integration of the immigrants, and create a permanent committee, composed of the parties to the Agreement, to monitor the execution of the measures agreed upon.

5.  In its reply to the CDT communication, the Government indicates that, at a meeting on 10 April 2000, the permanent committee found that the Agreement had been complied with overall, although it acknowledged that certain measures still remained to be implemented. Thus, the committee was dissolved by consensus, and the Board for the Social Integration of Immigrants in Almería was charged with the task of ensuring that those steps still not implemented were in fact carried out. The Government lists the measures taken in compliance with the Agreement, including finding housing for those workers whose housing was destroyed, payment of compensation for damages sustained, the regularization of most of the migrant workers from Morocco or elsewhere, the effective application of the collective agreement for the agricultural sector, and the investigation by the authorities of the events that took place in El Ejido.

6.  The Committee expresses its concern with regard to the events described. It considers that these events, to the extent that they have an impact on employment and occupation opportunities and conditions of work, involve acts of discrimination on the basis of race, colour, religion and national extraction as covered by the Convention. The Committee recalls that appropriate national legislation that is in conformity with the Convention is a necessary, but not sufficient condition for the effective application of the principles of the Convention. Recalling furthermore that the prohibition of discrimination is not enough to eliminate it in practice, the Committee notes that the effective struggle against discrimination in employment and occupation may take the form of measures such as affirmative action programmes, public awareness-raising campaigns, the establishment of relevant institutional bodies with promotional, advisory or monitoring functions and, in accordance with Article 2 of the Convention, the formulation of a national policy declared and applied with the aim of eliminating discrimination based on all of the grounds prohibited by the Convention. The Committee requests the Government to supply information on all measures adopted to guarantee equality of opportunity and treatment to workers of foreign extraction, including Moroccans, in respect of access to employment and occupation, vocational training and conditions of employment, as well as to promote the practical application of the principle of non-discrimination. The Government is also requested to supply information on all measures taken to raise public awareness of the problem of discrimination on the basis of race, colour, religion and national extraction and to promote the integration of Moroccan workers and workers of other minorities and ethnic groups in Spanish society and economic life.

CMNT_TITLE

1. The Committee requests the Government to provide information in its next report in respect of the measures adopted to ensure equality of opportunity in matters of employment and vocational training to the Rom (Gypsy) minorities and other minorities in the country who are disadvantaged in the labour market.

2. In regard to its earlier comments, the Committee reiterates its request to the Government to supply information on any measures adopted or envisaged to promote women's access to education and training. Furthermore, the Committee again requests the Government to inform it of the reasons for the decrease in the number of young women admitted to educational institutions.

3. The Committee also notes with interest the information supplied by the Government on the decisions of the Supreme Court, the Constitutional Court and other higher courts of justice regarding the principle of equality of remuneration between men and women and non-discrimination based on sex as well as the annulment of the dismissal of workers absent on maternity leave. The Committee requests the Government to continue providing information on the decisions of the Spanish courts in regard to the Convention, including decisions on the principle of non-discrimination on the grounds of the other criteria contained in the Convention.

4. The Committee notes the information supplied by the Government on the activities of the Labour and Social Security Inspectorate on the subject of discrimination in 1997 and 1998, in connection with access to employment and with working conditions, listing the acts and offences identified with respect to women workers, disabled workers and other workers. The Committee hopes that the Government will continue to supply detailed information on the subject. The Committee requests the Government to continue supplying information on these measures, including offences reported by the Labour and Social Security Inspectorate and decisions applying the legislation in question.

5. The Committee requests the Government to send it copies of the new Employment Action Plan, the IVth Community Action Programme, the Spanish Government's IIIrd Plan for Equality of Opportunity between Men and Women, cited in the Government's report. In addition, the Committee requests the Government to continue supplying information on its activities in this area.

6. The Committee notes with interest the various measures taken by the Government to promote employment for disabled people, as well as Royal Decree 4/99 of 8 January, which increases the subsidy given for permanent, full-time engagement of this category of workers and Act 66/1997 of 30 December 1997 which sets out the obligation for enterprises having more than 50 permanent workers to reserve 2 per cent of the jobs in the total workforce for disabled workers.

CMNT_TITLE

1. The Committee notes the detailed information supplied by the Government in its report. In regard to non-discrimination based on sex, the Committee notes with interest the large number of measures taken by the Government to foster the integration of women into the labour market, such as the new laws to encourage recruitment of women to permanent posts, providing incentives for social security and incentives of a fiscal nature which give employers the right to receive a reduction of their social security contributions. It notes in particular Act 64/97 of 26 December 1997, which promotes the hiring on permanent, full-time contracts of women belonging to the long-term unemployed in professions or occupations in which they are under-represented, granting the employer a 60 per cent reduction in social security contributions for 24 months after the engagement. The Committee would be grateful if the Government would supply information in its next report on the effect these measures have had on women's situation in the Spanish labour market.

2. The Committee also notes with interest that Act 50/1998 of 30 December has introduced sexual harassment into section 96 of the Act on the Status of Workers as a new type of serious offence in labour matters when it occurs within the ambit covered by the authority of the company's management. It also notes that Organic Law 11/99 of 30 April has modified section 1984 of the Penal Code which includes sexual harassment as a violation of workers' rights, when it occurs in the framework of the labour relationship.

3. The Committee notes the Government's reply to the comments made by the General Workers' Trade Union (UGT) in 1997. The Government indicates that its entire policy in regard to equality of treatment and opportunity between men and women in employment and occupation is designed to promote sociocultural change in Spain, facilitating application of the Convention. In this context, the Committee notes the Government's statement in its report to the effect that the promotion of equality of treatment and opportunity between men and women is an essential part of the 1998 Employment Action Plan (Revised) and that, in accordance with the Treaty of Amsterdam (section 3(2)), the Government's intention is that equality between men and women will be embodied in all its policies and all its plans and projects. The Committee would be grateful if the Government could provide information on the positive action taken to promote sociocultural change in the country, which encourages participation of Spanish women in the labour market, particularly with regard to the sharing of family responsibilities. With reference to specific labour inspection measures for the purpose of eliminating discrimination on the grounds of sex, the statistics sent by the Government show that, in 1998, there were slightly less than half the number of inspections on discrimination against women which were carried out in 1997. The Committee requests the Government to explain the reasons for this significant decrease.

The Committee is sending the Government a direct request on various matters.

CMNT_TITLE

The Committee refers to its observation in respect of the Convention and requests the Government to provide additional information on the following points.

1. In its previous observation of 1995, the Committee had noted that the number of young women under 25 years of age who attend educational institutions had fallen from 50.8 per cent in 1990 to 41.3 per cent in 1994. The Committee again requests the Government to provide reasons for this decrease and to continue to provide information with regard to access of women to education and training and any measures adopted or envisaged to increase aid to young women who wish to attend educational institutions.

2. The Committee requests the Government to provide information in respect of the measures adopted to ensure equality of opportunity in matters of employment and vocational training to the Roma minority and other groups of persons who are in a situation of economic and social exclusion.

CMNT_TITLE

1. The Committee notes the detailed information provided by the Government in its last report in respect of the application of the Convention, which was received in 1997 and not examined at the time due to the examination of the representation, submitted by the General Confederation of Labour of Argentina (CGT), and the information provided by the General Workers' Trade Union (UGT) of 22 January 1998. The Committee also notes the report of the Governing Body Committee established to examine the representation by the CGT submitted in 1997 under article 24 of the ILO Constitution concerning the question of the practice of dentistry in Spain by Argentinean dentists with Argentinean diplomas (document GB.272/7/3). The Governing Body Committee concluded that there had been no violation in law and in practice of Convention No. 111 in this respect.

2. In its previous comment, the Committee had noted the adoption of new legislation promoting non-discrimination on the grounds of gender and had requested the Government to provide information on the application in practice of the new legislation. The Committee notes the detailed information provided by the Government concerning the importance it places on the active policy to promote equality between men and women in social matters. The Committee also notes with interest that under sections 53.4 and 55 of the new text of the Workers' Statute, adopted by Royal Legislative Decree No. 1/1995, governing termination of employment contracts for objective or disciplinary reasons, discrimination constitutes a basis for nullifying the dismissal. It also notes the recent insertion of section 184 into Organic Act No. 10/1995 respecting the Penal Code of 23 November which lays down that sexual harassment is an offence (thus classifying sexual harassment among the list of offences against workers' rights, under section 314 of the Penal Code, which includes acts of serious discrimination against a person and failure to re-establish equality upon request or administrative sanction).

3. The Committee also notes with interest the various decisions handed down by the Constitutional Court following appeals (amparo) for protection, in respect of the alleged violation of the principle of equality in matters of remuneration and non-discrimination on the ground of sex, as well as the sentences issued by the Supreme Court and other courts which nullify the dismissal of workers who have taken maternity leave and which pronounce on inequality of remuneration and sexual harassment. Finally, the Committee notes the Government's statement with regard to the activities of the Labour and Social Security Inspectorate in matters of discrimination in employment and occupation during 1995 and 1996, and the list of proceedings and violations registered concerning discriminatory practices against female, disabled and other categories of workers.

4. The Committee also notes the comments made by the UGT, to the effect that discriminatory practices in employment and occupation for reasons of sex will only be completely eradicated when the Government adopts legal and other measures designed to accelerate the socio-cultural exchange in the division of family responsibilities. The UGT further pointed to the need, above all, for specific inspection measures to prevent discrimination in matters of remuneration (working women's wages are 20 to 30 per cent less than their male counterparts) and access to employment, promotion and advancement, areas in which women are seriously discriminated against. The Government has not submitted comments on these points. The Committee hopes that the Government will communicate detailed information in respect of the measures taken in this regard.

CMNT_TITLE

The Committee notes that the Governing Body at its 270th Session (November 1997) declared receivable a representation made by the General Confederation of Labour of Argentina (CGT), under article 24 of the ILO Constitution, alleging non-compliance by Spain with the Convention. In accordance with its usual practice, the Committee is postponing its comments on the application of the Convention pending the Governing Body's adoption of the conclusions and recommendations of the tripartite committee appointed to examine the matter.

CMNT_TITLE

The Committee notes the information provided in the Government's reports, in particular the detailed description of the various programmes initiated by the Government within the framework of the integrated plan for the promotion of employment and vocational training opportunities for women, including the Plan for Equal Opportunities for Women II (1993-95), NOW (New Opportunities for Women) and the Sofia Network (Red Sofia).

1. The Committee notes that the process of promulgation of the Bill (Draft Labour Health Act) to replace the Decree of 26 July 1957 concerning industries and occupations prohibited to women has been interrupted by the national general elections. The Committee requests the Government to keep it informed of the adoption of this Bill and to provide a copy of the new Act once it has been promulgated.

2. The Committee notes the information provided on the various measures undertaken to guarantee equality of opportunity to employment and vocational training opportunities to the Roma (gypsy) minority, and other socially and economically marginalized groups. In particular, it notes Order No. 3 of August 1994 for the creation of Entrepreneurial Initiative Centres to evaluate and facilitate the self-employment of young members of the Roma minority and the programmes against poverty and social exclusion of the General Directorate of Social Action. It requests the Government to continue to provide information in this regard.

CMNT_TITLE

The Committee notes the information in the Government's reports, in particular the attached judgements of the Constitutional Court in favour of promoting equality for women workers in face of various discriminatory acts.

1. The Committee also notes the observations submitted by the General Union of Workers (UGT) alleging continuing discrimination in employment against women, young workers engaged under the new form of apprenticeship contract (contratos de aprendizaje) and persons infected with the HIV virus. The Committee asks the Government to reply to these comments, which were transmitted to it on 3 August 1995.

2. The Committee notes with interest the adoption of new legislation promoting non-discrimination on the ground of sex, in particular Act No. 11 of 19 May 1994, which amends previous legislation including the Workers' Statute. Act No. 11 of 19 May 1994 prohibits discrimination in occupational classification and promotion, and modifies section 28 of the Workers' Statute to incorporate the principle of equal pay for work of equal value. In addition, it notes that Act No. 4 of 23 March 1994 on parental and maternity leave provides economic benefits to those companies which allow their workers to take leave up to a period of three years from the birth of a child and from the time of adoption; and that Act No. 42 of 30 December 1994 on fiscal, administrative and social measures to promote employment provides economic benefits to enterprises engaging women workers (for example, section 44 establishes the programme for the development of employment for 1995 to encourage enterprises engaging women in professions or occupations where they are under-represented and to allow the conversion of temporary contracts to indefinite ones; and section 40 amends the terms of temporary contracts thereby facilitating the access to jobs of women workers). Noting that women accounted for 59.8 per cent of all temporary contracts entered into under the new system in 1994, the Committee requests the Government to provide information on the application in practice of the new legislation in relation to equality of access to employment between men and women.

3. The Committee notes from the statistics provided in the reports that there is an increase in the number of women entering the labour force, and that a greater number of women over the age of 25 years is now enrolled in educational institutions. However, it notes that the number of women under 25 who have gained access to educational institutions has decreased from 50.8 per cent in 1990 to 41.3 per cent in 1994. The Committee requests the Government to explain this decrease which was not apparent for male students of the same age group, and to continue to provide information on the access of women to education, training and employment, including any measures taken or contemplated to increase the attendance of young women in educational institutions.

4. The Committee is addressing a request directly to the Government on other points.

CMNT_TITLE

With reference to its previous direct requests, the Committee notes the information contained in the Government's report, including the attached legislative texts and judicial decisions concerning wage discrimination on the basis of sex.

1. The Committee notes the detailed information provided on the programmes undertaken by, inter alia, the Women's Institute and the Industrial Organization School and the National Employment Institute (INEM) with the Ministry of Social Affairs, to promote access to employment and vocational and professional job training for women workers. The Committee would be grateful if the Government would continue to supply information on these programmes, including statistical data on the results achieved, or on any other activities designed to promote equality of opportunity and treatment in employment and occupation for women.

2. With reference to the Bill aimed at replacing the Decree of 26 July 1957 concerning industries and occupations prohibited to women workers, the Committee notes from the Government's latest report that the Bill (Draft Labour Health Act) is currently at an advanced stage in the procedure and an agreement has been reached with the most representative trade union confederations. The Committee once again requests the Government to supply a copy of the new Act once it has been promulgated.

3. The Committee notes the information supplied on the progress achieved to guarantee to the Roma (gypsy) minority access to employment and training, evidenced by the number of courses and the number of students belonging to the Roma minority that have benefited from the programmes included in the National Vocational Training and Integration Plan (FIP Plan) for vocational training of socially marginal persons and ethnic minorities. The Committee would be grateful if the Government would continue supplying information on further measures that have been implemented or are contemplated to guarantee the Roma minority equal access to employment and training.

CMNT_TITLE

Referring to its previous comments, the Committee notes the detailed information supplied by the Government in its report and the attached documentation. The Committee also notes the observations submitted by the General Union of Workers (UGT), which the Government transmitted in its report together with its own comments.

1. The Committee notes with interest the adoption of new legislative measures designed to enforce standards of non-discrimination in employment, particularly section 96 of the Labour Procedure Act (promulgated by Legislative Decree No. 521 of 27 April 1990), which reverses the burden of proof by requiring defendant employers to demonstrate a reasonable, objective and sufficiently proven justification for the measures taken and their proportionality in cases where it appears from the allegations that there exist elements of discrimination on the ground of sex. It requests the Government to provide information on the application in practice of the new procedure.

2. The Committee notes from the latest statistics provided that women have improved their situation in the labour market relative to men. It requests the Government to continue supplying information on all progress achieved with regard to women in the labour market.

3. The Committee nevertheless again notes the concern expressed by the UGT over the persistence of discrimination against women. In particular, the UGT observes that, irrespective of ability and training, women are still denied promotions to certain posts traditionally held by men; they are subjected to discrimination on account of maternity (employers dismiss women or do not renew their contracts on account of pregnancy, and in certain situations, employers offer temporary workers employment for an indefinite period if they relinquish their maternity rights); they still earn lower wages than those of men in the same occupational category and are employed in lower categories with low pay. The Committee notes that, in response to the UGT's comments, the Government places emphasis on the procedures of redress available to victims of such discrimination. It also notes in this respect that the statistical data supplied by the Government on labour inspection activities for the enforcement of legal provisions are general and do not specify the activities and infractions relating to the principle of equal opportunity and treatment in employment.

The Committee notes the grievance procedures available and requests the Government to continue to provide information on court cases concerning discrimination where these procedures are used. It also requests the Government to provide information on the measures taken by the labour inspectorate to provide disaggregated statistics so as to show its efforts in enforcing the legislation prohibiting discrimination in employment based on sex and promoting the observance of the principle of equality of opportunity in employment, along the lines of cooperation and sensitization set out in Article 3(a) of the Convention.

4. The Committee notes that the UGT also expresses concern over the lack of remedial procedures for the victims of sexual harassment in the workplace, who are overwhelmingly women, and that in response thereto, the Government refers to Act No. 3 of 3 March 1989, which amends section 4(2)(e) of the Workers' Charter of 1980 to afford workers protection against verbal offences or physical conduct which are sexual in nature.

The Committee requests the Government to provide information on the complaints procedures available under the Workers' Charter in the event of allegations of conduct implying sexual harassment, as well as information on any other measures to protect persons against retaliatory action when they complain to the competent authorities or initiate legal action to enforce their rights in this respect.

5. Regarding the comments made in 1989 by the Trade Union Confederation of Workers' Commissions that workers of colour and workers of Muslim origin in the Catalan region of Maresme and in Ceuta and Melilla were subject to lower conditions of employment than other Spanish workers, the Committee notes the statistics supplied on the number of inspection visits carried out and violations found in 1991, as well as the creation of a programme aimed at eliminating racism and xenophobia through sensitization campaigns. The Committee asks the Government to continue supplying information on other measures that have been taken to ensure that, in practice, workers of colour and those of Muslim origin who have acquired Spanish nationality are not subject to any discrimination in employment in accordance with the Convention.

6. The Committee notes the comments provided by the UGT and the Government's response on the situation of foreign workers employed legally and residing in Spain. It refers to the observation it is making in this respect under Convention No. 97.

7. The Committee notes the comments of the UGT on the non-observance of the Act on social integration of the disabled, which reserves for disabled workers at least 2 per cent of the jobs in enterprises employing more than 50 workers. It also notes the statement that workers infected with the HIV virus are discriminated against and are subject to dismissal or non-renewal of their contracts; in certain enterprises, HIV tests are made without a person's knowledge or consent, in order to refuse employment to persons who are HIV positive. In due course, the Committee will deal with the comments concerning the employment of disabled persons in the framework of Convention No. 159, which has been recently ratified by Spain. As regards the allegations of discrimination against persons infected with the HIV virus, the Committee notes the Government's reply that such discrimination would be contrary to article 14 of the Constitution, which states the general principle of equality before the law, and to section 4(2)(c) of the Workers' Charter, which prohibits any discrimination on grounds of physical, mental or sensory handicap if the worker has the necessary skills to do the job or engage in the employment in question. Such discrimination would be prosecuted by the labour inspectorate.

Noting that by virtue of section 4(2)(c) of the Workers' Charter, physical handicap has been determined as a ground of discrimination, as envisaged in Article 1, paragraph 1(b), of the Convention, the Committee would be grateful if the Government would indicate the measures which have been taken or are envisaged to ensure that article 14 of the Constitution and section 4(2)(c) of the Workers' Charter are observed in respect of persons who are HIV positive or infected with AIDS. Please indicate whether specific laws or regulations have been adopted particularly in regard to testing and preventive measures, and whether special guidance has been given to employers and to the labour inspectorate. Please communicate information on the results of the work of the labour inspectorate in this regard and copies of any relevant court decisions.

CMNT_TITLE

1. With reference to its previous comments, the Committee notes that the Bill which will replace the Decree of 26 July 1957 respecting industries and occupations prohibited to women workers, is currently at the stage of consultation with the social partners. The Committee requests the Government to supply a copy of the new Act once it has been adopted.

2. As regards the measures that have been adopted or are contemplated to guarantee the gypsy minority access to employment and training, the Committee notes the Government's statement that, within the framework of the programme for the vocational training of socially marginal persons and ethnic minorities, included in the National Vocational Training and Integration Plan (FIP Plan), vocational training courses are provided for workers belonging to the gypsy minority throughout the national territory. The Committee also notes the statistics on the number of courses and the number of gypsies who have benefited from the above vocational training. The Committee hopes that the Government will continue to supply information on the progress achieved in this respect.

CMNT_TITLE

The Committee notes the information supplied by the Government in its report. It also notes the comments submitted by the General Union of Workers (UGT), which the Government transmitted with its report without comments of its own.

1. With reference to its previous observation, the Committee also notes the detailed information supplied by the Government concerning the position of women in the labour market. It notes, in particular, the statistics on the development of the active population by sex and age group for the period 1985-89, in which a steep increase can be observed (23.6 per cent) in the number of active women and the activity rate of women. The Government adds that the spectacular increase in the number of active women explains the decrease in unemployment among women. The Committee requests the Government to continue supplying information on all progress achieved as regards the situation of women in the labour market.

2. The Committee nevertheless notes the concern once again expressed by the UGT at the persistence of discrimination against women. The UGT quotes the example of enterprises which pay women lower wages than those of men in the same occupational category, which only employ women in lower categories, reject applications for jobs from women, or which dismiss women workers when they become pregnant or when they denounce the sexual harassment of which they are the victims. The Committee notes that, in one of the cases quoted by the UGT, the labour inspectorate intervened. It requests the Government to indicate any measures that have been taken to strengthen labour inspection activities in order to apply the legal provisions prohibiting any discrimination in employment with regard to women.

3. With regard to Coloured workers and workers of Muslim origin in the Catalan region of Maresme and in Ceuta and Melilla which, according to the comments made by the Trade Union Confederation of Workers' Commissions in 1989, were subject to lower conditions of employment than those of Spanish workers, the Committee notes the information supplied by the Government on the legislation respecting the employment of foreign workers and the requirements for the acquisition of Spanish nationality. It would be grateful if the Government would indicate the measures that have been taken to ensure - for example, by means of inspection visits - that, in practice, Coloured workers and those of Muslim origin who have acquired Spanish nationality are not subject to any discrimination in employment, in accordance with the Convention. With regard to the treatment of foreign workers, the Committee refers to its comments concerning the application of the Migrant Workers (Revised) Convention, 1949 (No. 97).

CMNT_TITLE

With reference to its observation, the Committee also reminds the Government of the matters raised in its previous direct request:

1. The Committee notes that the preparatory technical work has commenced for a new Decree to replace the Decree of 26 July 1957 respecting industries and jobs prohibited to women.

The Committee requests the Government to supply a copy of the new Decree once it has been adopted.

2. The Committee notes the collaboration agreement signed between the Spanish Association for the Integration of Gypsies and the National Employment Institute with the objective of the integration of gypsy citizens into the world of work.

The Committee requests the Government to continue supplying information concerning the results achieved through the implementation of the collaboration agreement and on any other measure that has been adopted or is envisaged to guarantee the gyspy minority access to employment and training.

CMNT_TITLE

In its previous observation, the Committee noted that, in its communication dated 7 February 1989, the Trade Union Confederation of Workers' Commissions (CC.OO.) alleged that the measures that should have promoted the employment of women had been a failure, given that the unemployment rate for women is 27.5 per cent, as against 15.09 per cent for men. Furthermore, according to the comments made by the same organisation, there are situations in which discrimination occurs on grounds of colour and race, particularly in the Catalan region of Maresme, where coloured workers receive wages that are much lower than those of other workers, and in Ceuta and Melilla, where the same situation applies to Muslim workers.

The Committee notes the observations communicated by the Government in reply to the above comment. Nevertheless, the Committee finds that the Government's observations do not reply to the above points. The Committee therefore hopes that in its next report the Government will supply detailed information on the matters raised by the CC.OO.s, and in particular on:

(a) the measures that have been taken to promote the employment of women and to ensure that restructuring measures do not prejudice their security of employment, nor their opportunities of access to employment disproportionately as compared with men;

(b) the discriminatory situations that may exist in the Catalan region of Maresme and in Ceuta and Melilla against coloured workers and Muslim workers.

In this connection, the Committee notes that the CC.OO.'s communication refers to two categories of workers. The first of these consists of migrants of foreign nationality who, due to the fact that they have no work permits, receive lower wages and are dismissed when they are no longer necessary; the situation of these workers falls under the provisions of the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143), which has been ratified by Spain. The second category consists of workers "of Muslim origin who were born in the cities under Spanish sovereignty", to whom the Government issues a statistical card that is equivalent to a work permit. The Committee requests the Government to indicate whether the latter category of workers are of Spanish nationality and, if so, the measures which have been taken or are envisaged to prevent any discrimination on grounds of national extraction, in accordance with the Convention.