Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Ireland (Ratification: 1999)

Other comments on C111

Observation

Direct Request

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Articles 1(1)(b) and 2 of the Convention. Discrimination based on disability and equality of opportunity and treatment. In its previous comments, the Committee asked the Government to identify the measures taken to address discrimination based on disability and their impact in promoting the employability of disadvantaged groups in the labour market. In its report, the Government refers to the revised National Disability Inclusion Strategy 2017–21, developed after a consultation process with interested parties. The Committee notes that the National Disability Inclusion Strategy aims to: (i) improve access to employment for people with disabilities; (ii) improve their conditions at work; and (iii) facilitate the return to work of those who so choose after they have become disabled. It notes that each measure contained in the Inclusion Strategy has a designated body responsible for its implementation and supervision and a timeframe for action. The Government further indicates that under the new Comprehensive Employment Strategy for People with Disabilities 2015–24, an interdepartmental working group was charged with examining the range of barriers to the employment of persons with disabilities. The Committee notes, from the Employment Strategy, that following a consultation process, the interdepartmental working group identified the main perceived barriers to employment from the perspective of both the workers and the employers and it also established a three-year action plan, with 80 time-bound commitments, to be implemented and monitored in line with “key performance indicators”. While taking due note of the programmes put in place to address discrimination based on disability, the Committee notes that the Government’s report does not provide information on the results of the measures implemented so far. It recalls the importance of providing information on the impact of measures adopted in order to allow it to assess their effectiveness. Further, the Committee notes, that the Committee on Economic, Social and Cultural Rights (CESCR), in its concluding observations of July 2015, expressed its concern at the disproportionately high rates of unemployment among persons with disabilities (E/C.12/IRL/CO/3, paragraph 16). The Committee asks the Government to continue to provide information on the concrete steps taken to address discrimination based on disability and to promote equality of opportunity and treatment in employment and occupation, including under the National Disability Inclusion Strategy 2017–21 and the Comprehensive Employment Strategy for People with Disabilities 2015–24. It also asks the Government to provide information on the impact of such measures, for example by providing detailed statistics on the number of persons with disabilities who were able to enter the workforce or return to employment after being affected by disability, and the number of people who benefited from these measures. In this regard, the Committee once again refers to its comments under the Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159).

Article 2. Gender equality. In its previous report, the Committee asked the Government to provide information on the steps taken to promote equality of opportunity and treatment between men and women in employment and occupation as well as on the impact of such measures. The Committee once again takes due note of the extensive information provided by the Government, including the Mid Term Review 2013 and the Progress Report of 1 May 2015 on the National Women’s Strategy. It notes the Government’s indication that the new National Women’s Strategy (the NWS 2017–20) was developed after a public consultation process, and that it builds on the lessons learned from the previous one. The NWS 2017–20 is based on the recognition that, despite all efforts so far, women continue to be under-represented in leadership roles. It therefore sets out as its main objectives: (i) the advancement of women in leadership at all levels, and (ii) gender equality in decision-making. The Committee also notes with interest, the Government’s indication that the Paternity Leave and Benefit Act 2016 introduced two weeks paid paternity leave and paternity benefit and that the Government plans to consolidate maternity, adoptive, parental and carer’s leave into one piece of legislation: the Family Leave Bill. However, the Committee also notes from section 6 of the Adoptive Leave Act 1995 that adoption leave is granted only to “an employed adopting mother (or sole male adopter)”. The Committee recalls that when legislation or other measures reflect the assumption that the main responsibility for family care lies with women or excludes men from certain rights and benefits, it reinforces and prolongs stereotypes regarding the role of women and men in the family and in society. The Committee considers that, in order to achieve the objective of the Convention, measures to assist workers with family responsibilities should be available to men and women on an equal footing (see General Survey of 2012 on the Fundamental Conventions, paragraph 786). The Committee therefore asks the Government to use the opportunity provided by the consolidation of the parental leave legislation into the Family Leave Bill to amend section 6 of the Adoptive Leave Act so as to ensure that any adoptive parent is entitled to take leave, not only adopting mothers or sole male adopters. It also asks the Government to continue to provide information on the steps taken to promote equality of opportunity and treatment between men and women in employment and occupation, and on the impact of such steps, including under the National Women’s Strategy 2017–20.

Equality of opportunity and treatment irrespective of race, colour and national extraction. The Committee notes the Government’s indication that following a comprehensive consultation process it has developed the National Traveller and Roma Inclusion Strategy. It notes that this Inclusion Strategy establishes, among its strategic themes: employment and anti-discrimination, and sets out specific actions to be taken to increase employment opportunities for Travellers and Roma people. The Government also states that the Department of Justice and Equality has obtained funding of €3 million to support Traveller initiatives and that this money will support the advancement of the Inclusion Strategy. The Committee notes, however, that the CESCR expressed concern at the disproportionately high rates of unemployment among travellers and Roma people (E/C.12/IRL/CO/3, paragraph 16). The Committee asks the Government to continue to provide information on the specific steps taken or envisaged, including in the context of the National Traveller and Roma Inclusion Strategy, to promote equality of opportunity and treatment for the members of the traveller community, and on the results achieved by, for example, providing statistics on the number of travellers and Roma people who have benefited from the above-mentioned strategies or who have entered the workforce. Noting that the Government’s report is silent on this issue, the Committee asks it to provide information on the specific steps taken to promote equality of opportunity and treatment in employment and occupation based on race, colour and national extraction, including with respect to migrant workers, and on the results achieved.

Enforcement. The Committee recalls that developments were underway to merge the Human Rights Commission and the Equality Commission into one new institution, the Human Rights and Equality Commission, and that it had asked the Government to state how it would ensure its effectiveness in promoting equality in employment and opportunity. The Committee therefore notes with interest the adoption of the Irish Human Rights and Equality Commission Act 2014 and the Workplace Relations Act 2015, which establish the Irish Human Rights and Equality Commission (IHREC) and the Workplace Relations Commission (WRC), respectively. The Government indicates that the IHREC is tasked with providing information and advice to persons who feel that they have been discriminated against, whether in the employment or non-employment sphere. It further indicates that the IHREC has its own budget of €6.299 million per annum and reports directly to the Oireachtas (Parliament) on expenditure. It also states that the WRC is responsible for investigating or mediating claims of unlawful discrimination under the equality legislation, with its core services including inspection of employment rights compliance and provision of information. Nonetheless, the Committee notes, from the concluding observations of the Committee on the Elimination of Discrimination Against Women (CEDAW) of March 2017, that the IHREC is not sufficiently resourced if it is to effectively undertake its expanded mandate, particularly with regard to women’s rights and gender equality (CEDAW/C/IRL/CO/6-7, paragraph 16). The Committee asks the Government to provide information on the steps taken or envisaged to ensure that sufficient funds are allocated to the IHREC and the WRC in order for these bodies to function effectively, and to identify what steps are taken to ensure that their mandates and responsibilities do not overlap. It also asks the Government to provide information on the activities of the Commissions aimed at promoting equality of opportunity and treatment in employment and occupation. Noting the absence of information provided in this regard, the Committee once again asks the Government to provide details of the outcome of the discussion with the United Nations Deputy High Commissioner for Human Rights regarding the budget cuts and the impact on the various human rights institutions.