Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

Articles 1 and 2 of the Convention. Legislative developments. The Committee notes with interest the entry into force, on 18 August 2006, of the General Equal Treatment Act and the Soldiers Equal Treatment Act, which have been adopted with a view to implementing recent European directives concerning the principle of equal treatment. The Committee notes that the General Equal Treatment Act prohibits direct and indirect discrimination against employees based on race or ethnic origin, sex, religion or world view (Weltanschauung), disability, age or sexual orientation. The Act also prohibits harassment on any of these grounds and sexual harassment. The Committee notes with interest that the new legislation not only prohibits discrimination in employment and occupation but also establishes an obligation for the employer to take the measures necessary to protect employees from discrimination, including through preventative measures (section 12) such as information and training for staff concerning equal treatment, and to provide appropriate procedures to address cases of discrimination. The Committee also notes the establishment of the Federal Non-Discrimination Office within the Federal Ministry for Families, Older Persons, Women and Youth. The Non-Discrimination Office has a broad mandate that includes awareness raising, research, legal advice, mediation and reporting to Parliament. The Committee requests the Government to provide in its future reports information on the practical application of the new legislation, including relevant administrative or judicial decisions and regarding the activities of the Non-Discrimination Office.

The Committee is addressing a request directly to the Government.