Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes the Government's report in reply to its previous comments, and the tables attached.

1. Discrimination on the basis of political opinion. In a previous report, the Government stated that the question of enshrining in a legal text the prohibition of any discrimination in respect of employment and occupation on the basis of political opinion had been submitted for examination to the competent authorities. The Committee notes that the Government's most recent report does not give any information on the results of this consultation and states that there has been no new legislation relating to the application of the Convention. The Government affirms once again the non-discriminatory nature of the legislation. It cites section 7(2) of the Basic Act concerning the State under which the State guarantees all its citizens equal opportunities and the right to work through laws which ensure justice for all and which describes the non-discriminatory nature of appointments to posts in the civil service and of the employment placement services under the control of the Labour Administration. The Committee points out, however, that the constitutional provision cited is in the general nature of a declaration of principle and should be accompanied by legislative and regulatory texts laying down, in particular, the sanctions applicable for any infringement recorded. Administrative and practical measures should also be taken with a view to promoting application of the policy of equality of opportunity and treatment, in accordance with Article 2 of the Convention. The Committee would be grateful if the Government would communicate in its next report the results of the consultation on the question of adopting a legal text or other evidence of a national policy to prohibit any discrimination in respect of employment and occupation.

2. Discrimination on the basis of sex. With regard to access by women to the legal professions, which was raised in the previous direct request, the Committee notes the Government's statement that the legislation contains no obstacle in this regard. It also notes the indication that, firstly, female law students are few in number and, secondly, not all law students are necessarily destined for the legal professions. The Committee wishes to stress, however, to the Government the need to formulate, in an explicit and unequivocal manner, a non-discriminatory policy in this sphere and to implement specific incentives for female students to envisage greater diversification regarding the choice of their future occupation in order to promote changes in the practice, in accordance with the objectives of the Convention. The Committee noted furthermore, in previous comments, the growing and sometimes majority presence of women in various university branches. Noting the statement in the Government's report that it was concerned to encourage women's access to employment, it hopes that the Government will not fail to continue making efforts with a view to diversifying teaching for girls in the same way as for boys. The Committee requests it to supply in its next report information on all legislative, regulatory or administrative measures taken with a view to establishing favourable conditions to attract women to occupations in the judiciary and other traditionally male professions and occupations.

3. With regard to the authorization provided for in section 82 of the Act respecting the Public Service under which it is possible to terminate the employment of pregnant nurses at the fifth month of pregnancy, the Committee notes the Government's explanation stressing that this provision is optional and justifying it because it is intended to protect the interest of both patients and pregnant nurses. The Committee once again draws to the Government's attention the fact that such a measure is discriminatory within the meaning of the Convention, as was affirmed in its 1996 Special Survey on equality in employment and occupation (paragraph 38) in the following terms: "The discriminatory nature of distinctions based on pregnancy, confinement and related medical conditions is demonstrated by the fact that, by definition, they can only affect women." Consequently, the Committee cannot insist too strongly on the need to repeal section 82 of this Act as soon as possible with a view to putting an end to such a contradiction between legislation and the Convention. A text which is not discriminatory on the basis of sex would be one which takes into account the particular situation of pregnant nurses in regard to their health and that of the unborn child, and prescribes a temporary transfer of that person to a job more compatible with her state of pregnancy or a temporary lightening of her tasks. The Committee expresses once again the firm hope that the Government will indicate in its next report the legislative and practical measures adopted to eliminate the discrimination against nurses imposed by section 82.