Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

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

Other comments on C111

Observation

Direct Request

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Article 1(1)(a) of the Convention. Prohibited grounds of discrimination. Political opinion and social origin. In its previous comments, the Committee noted that the grounds of discrimination under the Employment Equality Act did not cover political opinion and social origin. The Committee notes the Government’s indication that there are no immediate plans to amend the equality legislation with regard to the protected grounds so as to include social origin and political opinion. It further notes that the Government does not provide any information on the manner in which protection from discrimination based on political opinion and social origin is provided in practice. While noting that the Government refers to the European Charter of Fundamental Rights of the European Union which prohibits discrimination on these two grounds, the Committee recalls that where legal provisions are adopted to give effect to the principle of the Convention, they should include at least all the grounds of discrimination specified in Article 1(1)(a), including political opinion and social origin. It also draws attention to the need to review continually the protection afforded by the national legislation to ensure that it remains appropriate and effective, particularly in light of the regularly changing context and newly emerging grounds (General Survey on fundamental Conventions, 2012, paragraph 853). In addition, the Committee notes the views expressed in 2005 by the Irish Human Rights Commission that there is a strong basis in human rights law for extending the grounds of discrimination under the Employment Equality Act to cover discrimination on the basis of political opinion. The Commission was also of the view that, even if difficulties persisted around the definition of socio-economic status (social origin), the national courts would be “in a position to apply this flexible concept in the appropriate manner” (Extending the Scope of Employment Equality Legislation, May 2005). In the light of the above, the Committee hopes that the Government will take the necessary measures to extend the protection against discrimination in employment and occupation to cover political opinion and social origin and asks the Government to provide information on any developments in this respect.

Article 1(1)(b). Additional grounds of discrimination. In its previous comments, the Committee noted that the Employment Equality Act covers a number of grounds beyond those expressly listed in Article 1(1)(a) of the Convention, such as marital status, family status, age, disability, sexual orientation and membership of the Traveller community. The Committee requests the Government to provide information on the measures taken to promote and ensure equality of opportunity and treatment in employment and occupation, with a view to eliminating discrimination based on marital status, family status, age, disability, sexual orientation and membership of the Traveller community, and to communicate any relevant administrative or judicial decisions.

Article 2. Measures to promote employment equality irrespective of race, colour and national extraction. The Committee notes from the Government’s report that a Workplace Diversity Initiative that aims to provide practical support to employers’ organizations and trade unions to enable them to promote diversity at the workplace is run by the Equality Authority. This initiative includes numerous awareness-raising activities, organized with and by employers’ and workers’ organizations as well as chambers of commerce, and the development of codes of practice, to work towards the integration of different cultures in the workplace across various sectors of the economy. While welcoming the various initiatives including those of the social partners, the Committee hopes that the Government will make every effort to ensure that the action taken and progress achieved to promote equality of opportunity and treatment, including with respect to migrant workers, will not be adversely affected by the economic situation, and requests the Government to continue to provide information on measures taken or envisaged to promote equality in employment irrespective of race, colour and national extraction, and on the impact thereof.

Gender equality in employment and occupation. The Committee notes that the Government’s report contains no reply to its previous request for information on the implementation of the measures envisaged under the National Women’s Strategy to promote women’s equality in employment and occupation. The Committee notes from the Annual Report of the Equality Authority for 2011 that out of the 132 case files processed under the Employment Equality Act, 31 were based on the ground of gender. It further notes that according to the study entitled Pregnancy at Work: A National Survey, co-published in June 2011 by the Equality Authority, up to 30 per cent of women reported unfair treatment during pregnancy and 5 per cent of women employed during their pregnancy reported that they were dismissed, made redundant or treated so badly that they had to leave their job. The Committee requests the Government to provide information on the measures taken to ensure gender equality in employment and occupation, within the framework of the National Women’s Strategy or otherwise, as well as any specific measures to address discrimination based on pregnancy in cooperation with employers’ and workers’ organizations.

Article 3(d). Employment under the direct control of the national authorities. The Committee notes the introduction by the Public Appointments Service (PAS) of a monitoring system based on an equality monitoring form, established in consultation with the Equality Authority, to be voluntarily completed by candidates to determine whether any of the selection tools used discriminate under the nine enumerated grounds of discrimination and, if so, modify the tools. The Committee also notes that the various initiatives undertaken between 2005 and 2007 to provide members of the Traveller community with employment and internship opportunities with local authorities were evaluated and found to have produced positive results in terms of jobs and training provided. The Committee notes, however, that in its concluding observations, the United Nations Committee on the Elimination of Racial Discrimination (CERD) points out “the poor outcomes in fields of … education, housing, employment for Travellers as compared to the general population” (CERD/C/IRL/CO/3-4, 10 March 2011, paragraph 13). The Committee requests the Government to provide information on the measures taken to ensure and promote equality of opportunity and treatment in public sector employment, including information on the employment and training of members of the Traveller community, and provide information on their impact. It further requests the Government to provide specific information, including statistics, on any action undertaken by public employers regarding the employment of men and women with disabilities and the results thereof.

Enforcement. Equality body. The Committee notes that the decision was taken in 2011 to merge the Equality Authority with the Irish Human Rights Commission to create the Human Rights and Equality Commission and a Bill has been submitted to Parliament to this end. It further notes that in its concluding observations, the CERD expressed “grave concern over disproportionate budget cuts to various human rights institutions … such as the Irish Human Rights Commission, the Equality Authority and the National Consultative Committee on Racism and Interculturalism” (CERD/C/IRL/LD/3-4, 10 March 2011, paragraph 11). Recalling the importance of the work accomplished by the Equality Authority to address discrimination and promote equality in employment and occupation, the Committee trusts that the Government will ensure that the Human Rights and Equality Commission, the mandate of which will be broader than that of the Equality Authority, has available the necessary means and resources, in both human and material terms, so that it can respond to the complaints alleging discrimination in relation to employment, undertake awareness-raising and research activities, make recommendations to the authorities and promote equality among the stakeholders concerned. Please also provide a copy of the relevant Act once adopted.