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Articles 1 and 2 of the Convention. Equality of opportunity and treatment for men and women. Legislation. The Committee notes with interest the amendments to Legislative Decree No. 198/2006 on equal opportunities between men and women, regarding the prohibition of discrimination and instruction to discriminate on the ground of sex, legal protection with respect to access to goods and services, and the right of representative associations and organizations to submit claims. It also notes the amendments to the Single Act on maternity and paternity providing for maternity and paternity leave in the case of adoption, and concerning rights of workers returning from maternity leave. The Committee further notes that the legislative Decree introducing Directive 2006/54/EC on the equal implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast) will involve comprehensive amendments to make existing legislation more structured and to clarify and specify the powers and functions of the equality bodies. The Committee requests the Government to provide information on the practical application of the new provisions on promoting equality of opportunity in employment and occupation, and to continue to provide information on further legislative developments regarding equality of opportunity and treatment between men and women in employment and occupation.
Public administration. The Committee recalls the Directive of 23 May 2007 regarding measures to implement the principle of equal opportunity between men and women in the public administration. It notes from the Government’s report that, out of the 24 administrations, 58 per cent had prepared a triennial plan to promote the access of women in sectors where they are under-represented, in accordance with section 48 of Legislative Decree No. 198/2006. The preparation of plans appeared to have been most successful among national social security institutions, while only three ministries and only three public universities had prepared a triennial plan. Some administrations have not adopted triennials plans, but have taken measures to identify specific affirmative action in their own area. The Committee further notes, from the 2006 data provided on the employment of women in public administration, that women were found to predominate in school teaching (79 per cent of the staff) and in the prison service (58.9 per cent of the staff); they also represented only 38.9 per cent of managerial staff. The Committee requests the Government to provide detailed information, including up-to-date statistics on employment since 2006, showing the impact of triennial plans and affirmative action measures on promoting access of women to sectors and posts in which they are under-represented. Please continue to provide information on the implementation of the abovementioned directive of 2007 and section 48 of Legislative Decree 198/2006, and to provide statistical information on the distribution of men and women in the various positions in the public administration.
Workers with family responsibilities. The Committee notes that section 9 of Act No. 53 of 8 March 2003, providing for subsidies for enterprises adopting measures to meet the needs of workers with family responsibilities, was amended with a view to extending the scope of persons covered and the actions eligible for funding. The Committee notes that demands for the financing of such projects have continued to increase and that, in 2007, 232 projects were submitted, of which 142 were ultimately approved; 292 projects were submitted in 2008. The Committee also notes that the majority of the projects continue to be implemented in the northern and central regions and that, in 2007 and 2008, women accounted respectively for 65 and 70 per cent of the beneficiaries (compared to 80 per cent in 2006). The Committee requests the Government to continue to provide information on the projects implemented in accordance with section 9 of Act No. 53 of 8 March 2003, and to indicate any measures taken to promote a more equal balancing of family responsibilities between men and women workers as well as a greater awareness of the subject at enterprise level, especially in southern regions.
Non-discrimination and equality of opportunity and treatment irrespective of race, colour, and national extraction (migrant workers). The Committee notes the information in the Government’s report regarding the complaints received in 2008 through the call centre of the Office for the Promotion of Equality of Treatment and Elimination of Discrimination based on Race and Ethnic Origin (UNAR). It notes that UNAR pursued 339 cases of discrimination or ethnic or racial harassment, and that the majority of the complaints originate from the centre-north of Italy, which, according to the Government, is due to the disparity between the industrialized and services-oriented centre-north and the areas in the south of Italy, characterized by a high number of migrant workers passing through and a significant number of foreign workers in an irregular situation. The Government further indicates that 39.4 per cent of foreigners who complain to the UNAR’s helpline originate from the African continent, 24.4 per cent from Eastern Europe, 12.3 per cent from South America and 5 per cent from Asia; the largest number of complaints (22.1 per cent) concern workplace discrimination. The Committee notes the Government’s indications that complaints regarding different treatment of immigrants mainly relates to difficulties in accessing the labour market (32.1 per cent), conditions of work (23.2 per cent) or bullying (19.6 per cent). According to the Government, fear of losing their job drives immigrants to put up with aggression and harassment of all kinds. The UNAR has encountered a worrying incidence of discriminatory acts against workers who, because of their ethnic or racial origin, are subjected to disadvantage and harassment.
The Committee notes the information in the Government’s report on the initiatives by the UNAR aimed at preventing racial discrimination, including sensitization campaigns and training courses, annual career forums on “Diversity in Work”, a tool kit on “Multiculturalism for the Firm”, and the pilot project in Triveneto (which ended, however, in 2006). The Committee also notes from the Government’s report on the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143), that some measures were taken in 2009 to render the UNAR more efficient and effective, such as the conversion of the call centre into a contact centre and the establishment of territorial anti-discrimination networks which should improve detection, monitoring and enforcement of cases of racial discrimination. The report also indicates that UNAR issued a public notice in October 2009 to promote positive action in order to prevent or compensate for disadvantages linked to racial and ethnic origin. The Committee further notes that the Department of Equal Opportunities and the National Statistics Institute are conducting during 2009–11 the first multipurpose survey on discrimination based on gender, sexual orientation and gender identity and ethnic origin. A new Memorandum of Intent between the UNAR and the social partners was concluded on 19 May 2010 concerning a programme of measures to combat racial discrimination in the workplace. The Committee requests the Government to indicate the specific results achieved by all the abovementioned measures taken to address racial and ethnic discrimination, including against foreign workers, and promote a diverse workplace free from racial and ethnic discrimination. The Committee also requests the Government to provide information on any affirmative action measures taken to address the disadvantaged position of certain groups of the population due to racial or ethnic discrimination, and detailed information on the results achieved. Please continue to provide information on the number and nature of the discrimination cases brought to UNAR’s attention, and those dealt with by the courts.
Roma population. The Committee notes from the Government’s report that specific programme agreements were signed with the regional administrations most affected by the presence of the Roma population, under which it is proposed to use apprenticeship and vocational training, vocational information, guidance and support services and training of Roma culture mediators in order to develop guidance, information and work support. Activities will also involve awareness raising in the workplace. Measures have also been adopted to promote educational inclusion for Roma children. The Committee further notes the launching by UNAR of the Dosta Campaign aimed at dispelling stereotypical and prejudicial attitudes towards the Roma, Sinti and travellers’ communities. The Committee requests the Government to supply detailed information on the specific activities undertaken under the social inclusion programmes for the Roma, and on the results achieved with respect to improving their access to employment and occupation, and participation in education and training programmes. Please also provide information regarding any developments with respect to a draft law on the protection of the Roma and the possibility of including Roma minorities among the minorities safeguarded by Law No. 482/1999 on Linguistic and Historical Minorities, referred to in the Committee’s previous direct request.
Article 5. Special temporary measures. With respect to the promotion of affirmative action within the meaning of section 43 of Legislative Decree No. 198/2006, the Committee notes that in July 2008 the National Committee for the Implementation of the Principle of Equality of Opportunity and Treatment between Men and Women (National Equality Committee) elaborated a programme setting out the types of affirmative action projects it is intended to implement. During 2008, the National Equality Committee examined 682 applications for financing, submitted by a wide range of actors, and approved 41 affirmative action projects. The Committee further notes that a Memorandum of Intent was signed between the Department of Equal Opportunities and the National Law Council aimed at promoting equal opportunities in the legal profession, including developing affirmative action with a view to providing equal opportunities in access to and pursuit of professional activities. The Government indicates that much of the action undertaken will be extended to other liberal professions. The Committee requests the Government to supply additional information on the type of affirmative action projects that have been approved, as well as on the results achieved under the programme of the National Equality Committee. Please also provide information on the implementation of the memorandum aimed at promoting equal opportunities in the legal profession, and any activities extended to other liberal professions.
Articles 1 and 2 of the Convention. Equality of opportunity and treatment for men and women. Legislation. The Committee notes the adoption of Legislative Decree No. 198 of 6 April 2006 enacting the Act on Equal Opportunities between Men and Women which consolidates previous legislation on the subject, including legislation specifically concerning gender equality at work, that is now contained in Part III of the Act. The Committee also notes that the transposition of Directive 2006/54/CE on equal opportunity and treatment between men and women in employment and occupation is currently under discussion. The Committee requests the Government to continue to provide information on any further legislative developments regarding equality of opportunity and treatment between men and women in employment and occupation.
National policy. The Committee notes that under the Act on Equal Opportunities between Men and Women, the National Committee for the Implementation of the Principle of Equality of Opportunity and Treatment between Men and Women shall elaborate a general goal-setting programme encompassing positive action aimed at eliminating gender discrimination in education, training, access to work and promotion, as well as overcoming job segregation based on gender through both the promotion of diversification in education and training and the participation of women in sectors and positions where they are under-represented. The Committee requests the Government to supply information on the adoption and implementation of these programmes, including information on the extent to which the Commission for Equal Opportunities between Men and Women, public and private employers, training centres, and trade unions have participated in promoting positive action in accordance to section 43 of the Act.
Public administration. The Committee recalls its previous comments regarding section 7 of Legislative Decree No. 196/2000 providing that the public administration must prepare triennial plans to promote the access of women in sectors where they are under-represented. It notes that this provision was incorporated into section 48 of the abovementioned Act on Equal Opportunities between Men and Women (Legislative Decree No. 198 of 6 April 2006). Section 48 also provides that public administration institutions recruiting or promoting male employees shall adequately motivate their choice. The Committee notes that according to the findings of the working group established to assess the implementation of this provision, only 25 per cent of the administrative institutions covered by the survey – involving only 13 regional and 55 provincial institutions – adopted an action plan. In most cases, action plans focused on the promotion of a greater harmonization between work and life. However, the Committee notes that women are still under-represented in senior positions and although women employed in the public administration amount to 54 per cent of the total employees, they only receive 29 per cent of the total remuneration paid. In this regard, the Committee notes that, on 23 May 2007, a directive regarding measures to implement the principle of equal opportunity between men and women in the public administration was issued jointly by the Ministry for Reforms and Innovations in Public Service and the Ministry for Equal Rights and Opportunities. This directive calls for the adoption of positive measures to address current gender imbalances, including promoting women’s training, the collection of statistical information on the distribution of men and women in the various positions, and sensitization campaigns aimed at overcoming traditional stereotypes on women’s role in society. The Committee requests the Government to continue to provide information on the adoption and implementation of triennial action plans in the public administration, notably the results so far achieved in promoting equality of opportunity and treatment between men and women workers. It also requests the Government to supply information on the implementation of the abovementioned directive and to provide the statistical information on the distribution of men and women in the various positions in the public administration.
Workers with family responsibilities. The Committee recalls its previous comments on section 9 of Act No. 53 of 8 March 2003, providing for subsidies for enterprises adopting measures to meet the needs of workers with family responsibilities, such as flexible working time and training to facilitate the reintegration of workers after a career interruption. The Committee notes from the Government’s report that demands for the financing of such projects steadily increased from 2001 to 2006. In 2006, 205 project proposals were received and 99 were ultimately approved and a subsidy was provided. The Committee also notes that these projects were mainly implemented in the northern and central regions (about 70 per cent of the financed projects) and more than 80 per cent of the workers benefiting from them were women. The Committee requests the Government to continue to provide information on the projects implemented in accordance with section 9 of Act No. 53 of 8 March 2003. The Committee also encourages the Government to take adequate measures to promote a more equal balancing of family responsibilities between men and women workers as well as a greater awareness of the subject at enterprise level, especially in southern regions, and to provide information in this regard.
Sexual harassment. The Committee notes that on 20 March 2007, the Supreme Court delivered a ruling on sexual harassment holding that a worker sexually harassing a colleague can be legitimately dismissed. As regards the codes of conduct on sexual harassment applicable to the employees of the Ministry of Labour and the Ministry of the Interior, the Committee notes that both codes establish internal complaints procedures. The Committee requests the Government to continue to provide information on relevant case law concerning sexual harassment as well as on any complaints and disciplinary action taken in the application of the codes of conduct.
Equality of opportunity and treatment irrespective of race, colour, religion and national extraction. The Committee notes the Government’s indication that during the reporting period the Office for the Promotion of Equality of Treatment and Elimination of Discrimination based on Race and Ethnic Origin (UNAR) carried out a number of initiatives aimed at preventing racial discrimination, including sensitization campaigns, conferences, seminars and competitions addressed to primary and secondary schools, as well as awareness-raising programmes focusing on existing legislation. The Committee also notes that conciliation undertaken by the UNAR, under section 7 of Legislative Decree No. 215/2003, contributed to ending discriminatory practices and, in some cases, could also address the adverse effects stemming from them; the UNAR also assisted victims of discrimination to bring complaints before the courts. The Committee requests the Government to continue to provide information on the sensitization activities and legal assistance carried out by the UNAR and the outcome thereof, including information on the nature of the cases brought to the UNAR’s attention. The Committee also requests the Government to provide information on the initiatives taken by the associations that have legal standing in racial discrimination cases.
Recalling the high level of discrimination experienced by Moroccan workers in obtaining jobs as highlighted by an ILO International Migration Paper (Paper No. 67-1, ILO, 2004)), the Committee notes that on 8 July 2007, the Governments of Italy and Morocco signed an Executive Protocol to the 2005 Bilateral Agreement on Employment. The Protocol stipulates, among other things, that training courses and Italian language teaching shall be organized in Morocco for candidates for the Italian labour market. The Committee also notes from the Government’s report that the immigration population, currently amounting to approximately 4.7 per cent of the Italian population as a whole, also includes workers from countries such as Romania, Albania, China and the Ukraine. The Committee notes the concerns expressed by the Committee on the Elimination of Racial Discrimination over the situation of undocumented migrant workers, especially from Africa and Eastern Europe, who are increasingly reported facing serious violations of human rights, including debt bondage (CERD/C/ITA/CO/15, March 2008, paragraph 17). Drawing the Government’s attention to the continuing need to take adequate measures to protect all migrant workers, including undocumented migrant workers, from discriminatory practices in employment and occupation based on race, colour, religion, or national extraction, the Committee requests the Government to indicate the measures taken or envisaged in this respect.
The Committee notes from the Government’s report that a draft law on the protection of the Roma is currently under consideration. Further, the possibility of including Roma minorities among the minorities safeguarded by Law No. 482/1999 on Linguistic and Historical Minorities is being discussed. The Committee requests the Government to supply information on any further developments in this regard. Please also indicate the measures taken or envisaged to promote a greater participation of Roma people in the labour market, including measures aimed at improving their access to education and training programmes.
Parts III to V of the report form. Please provide statistical information on the distribution of workers in the labour market disaggregated by sex and, to the extent possible, by race, colour and national extraction, as well as information on the monitoring activities carried out by labour inspectors.
1. Article 1 of the Convention. Prohibition of discrimination. Legislation. The Committee notes the Government’s full report and the attached legislation and statistical data. It also notes the communication from the National Coordination for Women of the Italian Confederation of Workers’ Unions (CISL). The Committee notes with interest the adoption of Legislative Decree No. 145 of 5 May 2005, transposing into national legislation Directive No. 2002/73/CE of the European Parliament and of the Council on equal treatment for men and women as regards access to employment, vocational training and promotion and working conditions, which unifies the legislation in respect of equality in the world of work and fills a void relating to harassment. In this respect, it notes the indication by the CISL that the above legislation provides a better definition of direct and indirect discrimination and introduces the concept of harassment into the Italian legal system.
2. Article 2. Equality of opportunity and treatment in relation to race and national extraction. The Committee notes that, under the terms of section 7 of Legislative Decree No. 215, the Office for the Promotion of Equality of Treatment and the Elimination of Discrimination based on Race and Ethnic Origin (UNAR) was established in November 2004. The terms of reference of the Office are to assess the effectiveness of protective measures, promote equality of treatment to eliminate all forms of discrimination on the basis of race or ethnic origin, and raise public awareness in relation to racial integration. The Committee also notes that, in accordance with the new provisions, persons considering themselves to be victims of discrimination may take legal action on an individual basis or through associations or entities active in the field of combating discrimination. The UNAR will provide immediate assistance to persons considering themselves to be victims of such discrimination and will accompany them in their legal action. The Committee requests the Government to keep it informed of the practical action taken by the UNAR during the period covered by the next report and the results achieved, as well as on the nature and outcome of discrimination cases based on one of the grounds established by the decrees, examined by the courts or settled through conciliation.
3. The Committee notes that, according to the Government’s report, acts of discrimination have been committed in respect of young migrants, particularly of Moroccan nationality, and that these are not isolated cases. Discrimination is increasing in small and medium-sized enterprises and is higher in the catering sector (52.2 per cent) than in commerce (33.8 per cent). The Committee notes Decision No. 19378 of May 2005 of the Fifth Penal Section of the Court of Cassation which confirms the conviction by the Court of Appeal of Turin, according to which the term “Moroccan”, even when referring to a person of that origin, may cause injury in the context in which it is said and constitutes an indication of racial discrimination. The Committee requests the Government to continue providing information on the measures adopted to promote access to employment of migrants of Moroccan origin, the Roma and other ethnic minorities, and the impact in practice of such measures.
4. Equality of opportunity and treatment for men and women. By virtue of section 7 of Legislative Decree No. 196/2000, the public administration has to prepare triennial plans to promote the access of women in sectors in which they are under-represented. In the context of the network of equality councillors, a working group has been set up to carry out research, including an analysis of the types of plans adopted by the public administration at the regional, provincial and communal levels. The Committee requests the Government to provide the findings of this study, including, in so far as possible, information on the measures adopted in the context of the plans, their impact, the progress achieved and any difficulties encountered. With reference to point 5 of the previous direct request, the Committee notes that the above working group will carry out research into the impact of recent labour market reforms in terms of equality of opportunity and treatment and to ensure that women are not disadvantaged in their contractual conditions by reason of their sex. Please provide this study with the next report.
5. Workers with family responsibilities. The Committee notes that section 9 of Act No. 53 of 8 March 2003 introduces flexible working time, particularly in relation to caring for children. Subsidies have been established for enterprises adopting measures such as the following: (a) allowing working parents to benefit from flexible hours of work; (b) providing training to facilitate the reintegration of workers following career interruptions; and (c) permitting the replacement of a self-employed worker or the head of an enterprise by another self-employed worker or entrepreneur. In 2001-04, a total of 342 projects were submitted, of which 166 were accepted for financing. It also notes that the great majority of these projects made use of flexibility with a view to reconciling family responsibilities and work. The Committee requests the Government to continue providing information on this subject.
6. Sexual harassment. The Committee notes that Legislative Decree No. 145/2005, referred to above, unifies protection against discrimination based on sex and in relation to sexual harassment. Please provide copies of court decisions relating to sexual harassment. Please also provide information on the application of the codes of practice on sexual harassment applicable to employees of the Ministry of Labour and the Ministry of the Interior.
1. Article 1 of the Convention. Sexual harassment. The Committee notes that sexual harassment is implicitly covered by existing legislation concerning sex discrimination It also notes that draft Law No. 4817 on sexual harassment has not been adopted but that a number of other relevant legislative initiatives remain under review in Parliament. The Committee invites the Government to continue to provide information on the progress made in adopting specific legislation on sexual harassment and on the application in practice of existing relevant legislation, including court decisions and information on cases brought by or with the assistance of the equality adviser in accordance with Legislative Decree No. 196/2000. Please also provide information on the application of the codes of conduct on sexual harassment applicable to the employees of the Ministry of Labour and the Ministry of the Interior.
2. Prohibition of discrimination. The Committee notes that on 9 July 2003 the Government adopted Legislative Decree No. 215 concerning equal treatment regardless of race and ethnicity and Legislative Decree No. 216 concerning equal treatment of persons regardless of religion or belief, disability, age and sexual orientation. These two Decrees are intended to transpose European Community Directives Nos. 2000/43 and 2000/78, respectively, in accordance with the 2001 European Community Act (Act. No. 39 of 1 March 2002). The Committee notes that both Decrees aim to eliminate discrimination in employment and occupation in accordance with the Convention, both in the private and public sectors. In addition, Decree No. 215 covers areas such as social protection, health care, welfare benefits and education more generally. The Decrees contain definitions of direct and indirect discrimination and harassment as well as exception clauses. The Committee also notes that both Decrees require that action to promote equality should take into account the different impact discrimination has on men and women. The Government is requested to provide information in its future reports on the implementation in practice of Legislative Decrees Nos. 215 and 216, including information on the work and achievements of the new equality office established under section 7 of Decree No. 217, as well as information on the nature and outcome of discrimination cases concerning the grounds covered by the Decrees brought before the courts or settled by way of conciliation.
3. Article 2. Equality of opportunity and treatment on the grounds of race and national extraction. The Committee notes the Government’s statement that there was no discrimination in law against the Roma and that the principle of equal treatment on the basis of race and ethnic origin was being given full effect in line with Legislative Decree No. 215/2003. Further, the Government appears to suggest that the real difficulty with regard to this ethnic minority is related to their integration into the economic and social life of the country as a whole. In response, the Committee would like to emphasize that the absence of discriminatory provisions in law and even the existence of specific anti-discrimination legislation does not mean the absence of discrimination in practice in accordance with the Convention. While measures in the areas of education, health and housing, as reported by the Government, may contribute to the realization of equality of opportunity and treatment in employment and occupation, it will still be necessary for the Government to take more specific and proactive measures to ensure equal access to employment and equal terms and conditions of employment. The Committee encourages the Government to consult and cooperate with workers’ and employers organizations, as well as representatives of the Roma themselves, in order to develop a policy and implement strategies and programmes promoting equal employment opportunities for Roma men and women, including through building mutual tolerance and understanding. The Committee also requests the Government to provide information on the measures taken to promote the access to employment of other ethnic minorities, such as Moroccans, as well as statistical information of the position of ethnic minorities in the labour market.
4. Equality of opportunity and treatment of men and women. The Committee notes from the statistical information provided by the Government that women’s overall participation rate continued to increase between 1999 and 2002. With regard to management positions female participation increased from 31.5 to 33.3 per cent during that period. However, the Committee notes that women remain markedly underrepresented in upper management positions in the public service with no progress made since 2000. The Government is also requested to continue to provide information on any other measures taken to further strengthen women’s position in the labour market and to continue to provide statistical information on women’s participation in private and public employment, including statistical data disaggregated by level of responsibility, and occupation. Noting that in 2003 the Network of Equality Advisers adopted a programme to promote women’s access to positions of responsibility, the Committee would appreciate receiving more detailed information on this programme and on the nature, content and results of the affirmative action projects, which have emerged within this framework.
5. The Committee notes that recent labour market reforms are aimed at making employment more flexible by introducing new forms of contracts, such as job sharing or project contracts, and by making it easier to resort to part-time work. The Government expects that these reforms would increase women’s possibilities to join the labour market, because these new forms of contracts would make it easier to reconcile work and family responsibilities. The Committee requests the Government to supply information on the measures taken to assess the impact of these reforms on women’s and men’s equality of opportunity and treatment in employment and occupation and to ensure that women are not disadvantaged on the basis of sex in the terms and conditions of their contracts. Noting the measures being taken to promote a more equal sharing of family responsibilities between men and women, the Committee would like to recommend that the Government consider the ratification of the Workers with Family Responsibilities Convention, 1981 (No. 156).
The Committee notes the information contained in the Government’s report. It requests the Government to provide further information in its next report on the following points.
1. The Committee notes the statistical data in the Government’s report on women’s participation in the labour market. It notes that the presence of women increased at all levels of responsibility, in particular the number of women managers increased from 26.8 per cent in 1993 to 31.5 per cent in 1999. However, it notes that women in the national, local and regional government administrations are still under-represented in positions of decision-making authority, with only 10.3 per cent representation in Parliament, 17.4 per cent in Government and under 10 per cent of representation at the local level. Therefore, the Committee asks the Government to supply information on the measures taken or envisaged to promote the presence of greater numbers of women in managerial and supervisory positions in the government administration. Further, the Committee notes the statistical data on employment disaggregated by sex and sector of activity. The Committee hopes that the Government will continue to provide this data in its future reports disaggregated also by level of responsibility.
2. The Committee notes that the draft Law No. 4817 on sexual harassment has not yet been adopted. It asks the Government to provide information on the status of this draft law and to provide a copy once it has been adopted. The Committee notes that the jurisprudence in sexual harassment cases comes from a combined reading of the Constitution and section 2087 of the Civil Code, defining the employer’s personal contractual responsibility, and section 2043, establishing the employer’s extra-contractual responsibility. The Committee asks the Government to provide a copy of any court decisions concerning sexual harassment cases. Please also refer to the general observation of 2002 on Convention No. 111.
3. The Committee notes the information in the Government’s report on the increased use of "atypical" contracts, that differs from permanent full-time work in duration, working time, contribution levels and remuneration. The Committee notes that women have a higher rate of employment in these types of contracts than men and that the gap is growing. It also notes that self-employment is growing faster for women than for men. The Committee asks the Government to indicate the measures to promote women’s participation in permanent full-time jobs and to ensure that women are not disadvantaged in their terms and conditions of contracts based on sex.
4. Recalling that the coverage of the Convention extends also to vocational training, the Committee once again hopes the Government will supply information on equality of opportunities and treatment in vocational training programmes.
5. The Committee notes with interest Decree No. 196 of 2000 that establishes a network of equality advisers at national, regional and provincial level, with promotional and supervisory functions of the principle of equality between women and men in the labour market. The Committee would appreciate receiving further information on the measures taken and the impact of section 7 of the new Decree on affirmative actions.
6. The Committee once again requests the Government to supply information on any measures taken or envisaged to secure the application of the principles of equal opportunity and treatment in employment occupation and training on all the grounds set forth in Article (1)(1)(a) of the Convention. In particular, in light of the comments of the Committee on the Economic, Social and Cultural Rights (CESCR) that express concern for the "situation of the Roma, that are discriminated against, especially in the workplace" (E/C.12.1/Add.43 of 23 May 2000, paragraph 10), the Committee asks the Government to provide information on any measures that have been taken to correct such de facto inequalities in the labour market. Please also supply information on any measures undertaken to prohibit discrimination and promote equality in practice based on race, national extraction or religion in employment and vocational training, including research, analysis, awareness raising and any enforcement actions.
The Committee notes with interest the information contained in the Government's report.
1. The Committee notes the specific information supplied concerning the national legislation enacted to give effect to the principle of equality of opportunity and treatment of men and women in the workplace, as well as the statistical data provided concerning the participation of women in the Italian labour market. The Committee notes from the report that, at the end of 1997, 22 per cent of workers in government administration were women. However, women in the national, local and regional government administrations remained underrepresented in positions of decision-making authority. In the light of the Government's statement that the influx of women into government departments in recent years has been in percentages above 50 per cent, the Committee requests the Government to supply information concerning the measures taken or envisaged to promote the presence of greater numbers of women in managerial and supervisory positions in the government administration. The Committee further requests the Government to provide more comprehensive statistical data in its next report showing the distribution of men and women in the various occupations and at the different ranks in the various government departments at the national, regional and local levels.
2. The Committee notes from the report that marked differences persist between the north and south of Italy with respect to the situation of women. The Committee would therefore be grateful if the Government would supply information on any measures taken or contemplated to: (1) promote greater participation of women in the labour market, particularly in managerial and supervisory positions and in non-traditional jobs and occupations; (2) secure their equal access to employment and vocational training; and (3) promote a change in traditional societal attitudes in southern Italy concerning the roles of men and women in respect of work and family responsibilities.
3. The Committee notes with interest the information supplied in the Government's report regarding its first equal opportunity policy, which targets women and is aimed at promoting their participation in the Italian labour market. The Committee would be grateful if the Government would continue to provide information on all measures taken to promote the principle of equal opportunity in employment and occupation in respect of gender. Further, the Committee requests the Government to supply information on any measures taken or envisaged to secure application of the principles of equal opportunity and treatment and non-discrimination on all of the grounds set forth in Article 1(1)(a) of the Convention.
4. The Committee notes from the Government's report that five draft laws are currently under consideration by the Senate and the Chamber of Deputies, aimed at safeguarding the personal dignity of employees and protecting them from sexual harassment in the workplace. The Committee would be grateful if the Government would provide the text of the draft law(s) once adopted.
5. The Committee requests the Government to indicate whether it has taken any measures to promote the application of the Convention on the grounds of race, national extraction, colour or religion.
1. The Committee notes with interest the information contained in the Government's detailed report and annexes in reply to its previous direct request concerning practical measures taken to implement the national policy on elimination of employment discrimination and promotion of equal opportunities and treatment in the context of the national legislation in favour of women.
2. The Committee notes from the Government's report that the bill aimed at preventing sexual harassment at the workplace continues its progress through Parliament but has not yet been adopted. It looks forward to receiving information on the adoption of the text, and a copy of the Act, once adopted.
The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
1. The Committee notes the adoption of Act No. 223 of 1991 concerning collective dismissals, labour mobility and the rotation of workers in the wage guarantee fund, which stipulates that the selection of workers to be laid off shall be based, inter alia, on collective agreements concluded with trade unions or, in the absence of such agreements, taking account of the following factors: family responsibilities, length of service, technical production and organizational requirements and, according to the Government, in compliance with the principle of non-discrimination. The Committee requests the Government to indicate the manner in which family responsibilities are taken into account in the selection process and the manner in which non-discrimination is guaranteed so as to ensure that dismissals and other conditions of work are based on factors irrespective of race, colour, sex, religion, national extraction, political opinion or social origin in conformity with the Convention.
2. The Committee notes from the Government that, while the percentage of women in the labour force is increasing and their percentage of the unemployed is decreasing, the percentage of women in management is very low. The Committee requests the Government to indicate any measures that are being taken in addition to those provided under Act No. 125 of 1991 on positive action to promote equality between women and men in access to high-level posts, access to vocational training and retraining, terms and conditions of employment and security of employment and to indicate the results of those measures including statistical information.
3. The Committee again requests the Government to supply information on policies and programmes that have been established with a view to promoting equality of opportunity and treatment in respect of access to employment and particular occupations, access to training and retraining, terms and conditions of employment and security of employment on the basis of race, colour, national extraction and social origin.
The Committee notes with interest the agreement of 23 July 1993 concluded by the Government and the trade unions on the national income and employment policies, collective bargaining and support for the production system which, inter alia, demonstrates their support for the adoption of positive measures to promote equality of opportunity between men and women by fully applying Acts Nos. 125/91 and 215/92, providing more funding for their application and integrating them with other legislative and contractual means of action.
1. The Committee notes that the issuing of a decree to establish measures (such as tax credits and criteria for obtaining concessions) for the implementation of the Act on Affirmative Action for Women in Entrepreneurial Activity (No. 215 of 1992) was suspended when the Commission of the European Union initiated formal proceedings for breach of the European Union Treaty with regard to the Act's assistance to new companies. As the proceedings were concluded in 1993 essentially in favour of the Act, the Government reports that the regulations are expected to be issued shortly. The Committee asks the Government to provide details on the implementation of the legislation in its next report.
2. The Committee notes the information supplied by the Government regarding initiatives taken by individual companies within or beyond Act No. 125 of 1991 to promote equality between men and women in access to high-level posts, access to vocational training and retraining, terms and conditions of employment and security of employment. Noting that a recent private sector study on problems encountered by women managers found that only 5% of managers are women, the Committee asks the Government to inform it of any new measures introduced to correct the current imbalance between men and women in high-level posts, and the evaluation of the measures taken in this area, including, where available, statistics.
3. The Committee notes that measures to implement the guidelines of the Commission of the European Union entitled "How to combat sexual harassment" are being outlined by the Government in consultation with the social partners. The Committee also notes the submission to the Senate by the Senate Labour Commission of a Bill aimed at preventing sexual harassment in the workplace. The Bill will, inter alia, define sexual harassment as any type of behaviour with sexual connotations which is unequivocally unwanted, provide for recourse in the case of such harassment to the emergency procedure under section 15 of Act No. 903 of 1977 on equality between men and women in the workplace, and, with reference to Act No. 125 of 1991 and the recourse available under that Act, equate sexual harassment with direct or indirect discrimination. The Committee would be grateful if the Government would provide information in its next report on the adoption of the Bill, as well as supply a copy of the final text in a working language of the ILO, if possible.
4. The Committee notes the Government's comments on the scope of Act No. 223 of 1991 concerning collective dismissals, labour mobility and the rotation of workers in the wage guarantee fund, and its reference to statistics emanating from the General Directorate for Employment. The data show that the proportion of women workers on the mobility lists (compiled for purposes of assisting in dismissals and redeployment) is higher than that of men, despite the lower employment rate for women. A further study carried out by the Institute for Worker's Occupational Training supports the above-mentioned finding and, moreover, points out that fewer women than men are taken off the lists to return to the labour market. Noting that the study ascribes this situation to "concomitant causes, such as the selectivity of demand, the structure of objective opportunities, the discriminatory attitudes and types of behaviour of employers", the Committee asks the Government to indicate the manner in which the principle of non-discrimination based on all the grounds of the Convention is guaranteed in practice in the selection process.
5. As the Government's report contains no information on policies and programmes that have been established with a view to promoting equality of opportunity and treatment in respect of access to employment and particular occupations, access to training and retraining, terms and conditions of employment and security of employment on the basis of race, colour, national extraction and social origin, the Committee is obliged to repeat its earlier request for details on this subject.
The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:
1. Further to its previous direct requests, the Committee notes with interest the adoption of the Act on Affirmative Action for Women in Entrepreneurial Activity (No. 215), dated 25 February 1992, which promotes the creation of enterprises staffed and managed predominantly by women in the agricultural, crafts, commercial and industrial sectors, and the development of cooperative societies and companies in which women make up the majority of partners or at least two-thirds of the directors, through the provision of incentives, credit and financing arrangements and the establishment of a Committee on Entrepreneurial Activity by Women in the Ministry of Industry. The Committee would be grateful if the Government would provide information on the implementation of the legislation and the results achieved in the various activities provided for under the Act. 2. The Committee also notes with interest the information given by the Government on the implementation of Act No. 125 of 10 April 1991 on positive action for the attainment of equality between men and women at work. It notes in particular that pursuant to the Act, 49 affirmative action programmes submitted by companies have already been approved and are under way, and that the National Committee for the Application of the Principles of Equality between Men and Women Workers and the Board of Inquiry have become fully operational. The Committee requests the Government to indicate the criteria upon which programmes are approved under the Act, and the results achieved in terms of the goals and timetables set in the various programmes to attain equal opportunity and treatment in the workplace between men and women. It hopes that the Government will continue to provide information on the activities of the National Committee and the Board of Inquiry and will communicate the findings of the report scheduled to be prepared in 1992 on the position of men and women workers based on information submitted by private and public enterprises under section 9 of Act No. 125. 3. The Committee recalls that a number of collective agreements have included special clauses designed to promote equality of opportunity and treatment between men and women, establishing joint committees to that end and prohibiting sexual harassment. The Committee would be grateful if the Government would supply information on the implementation of those clauses in practice and on the activities of the joint committees.
The Committee hopes that the Government will make every effort to take the necessary action in the very near future.
The Committee notes the information provided in the Government's report and the attached documentation.
1. Further to its previous direct requests, the Committee notes with interest the adoption of the Act on Affirmative Action for Women in Entrepreneurial Activity (No. 215), dated 25 February 1992, which promotes the creation of enterprises staffed and managed predominantly by women in the agricultural, crafts, commercial and industrial sectors, and the development of cooperative societies and companies in which women make up the majority of partners or at least two-thirds of the directors, through the provision of incentives, credit and financing arrangements and the establishment of a Committee on Entrepreneurial Activity by Women in the Ministry of Industry. The Committee would be grateful if the Government would provide information on the implementation of the legislation and the results achieved in the various activities provided for under the Act.
2. The Committee also notes with interest the information given by the Government on the implementation of Act No. 125 of 10 April 1991 on positive action for the attainment of equality between men and women at work. It notes in particular that pursuant to the Act, 49 affirmative action programmes submitted by companies have already been approved and are under way, and that the National Committee for the Application of the Principles of Equality between Men and Women Workers and the Board of Inquiry have become fully operational. The Committee requests the Government to indicate the criteria upon which programmes are approved under the Act, and the results achieved in terms of the goals and timetables set in the various programmes to attain equal opportunity and treatment in the workplace between men and women. It hopes that the Government will continue to provide information on the activities of the National Committee and the Board of Inquiry and will communicate the findings of the report scheduled to be prepared in 1992 on the position of men and women workers based on information submitted by private and public enterprises under section 9 of Act No. 125.
3. The Committee recalls that a number of collective agreements have included special clauses designed to promote equality of opportunity and treatment between men and women, establishing joint committees to that end and prohibiting sexual harassment. The Committee would be grateful if the Government would supply information on the implementation of those clauses in practice and on the activities of the joint committees.
The Committee asks the Government to supply practical information on those aspects of the national policy for the promotion of equality (as specified in Article 2 of the Convention) that relate to the criteria other than sex on which discrimination may be based, namely race, colour, religion, political opinion, national extraction and social origin.
1. With reference to its previous direct request, the Committee has taken note with interest of Act No. 125 of 10 April 1991 on positive action for the attainment of equality between men and women at work, and of its implementing Decrees. The Act aims at promoting the employment of women and establishing equality between men and women at work, in particular through the adoption of measures of positive action to eliminate de facto obstacles to the attainment of equal opportunity. It makes it possible for undertakings and agencies that adopt positive action projects to be reimbursed for certain expenditures incurred through the implementation of such projects; makes it an obligation for private and public undertakings employing more than 100 persons to report every two years on the distribution of men and women on the staff; provides for the establishment in the Ministry of Labour of a National Committee for the Application of the Principles of Equal Treatment and Equal Opportunity for Male and Female Workers; and provides for reversal of the burden of proof borne by the defendant when the plaintiff produces precise and consistent facts such as to warrant the presumption that there is a situation of discrimination on the basis of sex.
The Committee would be grateful if the Government would transmit with its next report information on the implementation of Act No. 125; on the activities of the bodies established by the Act, in particular the National Committee for the Application of the Principles of Equal Treatment and Equal Opportunity for Male and Female Workers; and on the way section 4 (concerning actions at law) has been utilised in practice.
2. The Committee has noted with interest from the information supplied concerning the application of Convention No. 100 that in the course of the latest round of collective bargaining, a number of collective agreements have included special clauses designed to promote equality for women and establishing joint committees to that end. The Committee asks the Government to supply information on the implementation of those clauses in practice and in particular on the activities of the joint committees.
3. The Committee has also noted with interest that a number of collective agreements recently concluded - for example in the footwear, textile and clothing, and leather industries - contain a clause on the personal dignity of the workers which prohibits sexual harassment and prescribes a procedure for dealing with cases of such harassment. The Committee asks the Government to supply, if possible, information on the way such clauses are applied in practice.
1. The Committee notes with interest the information supplied by the Government in its reports (which were received in June and November 1989) in reply to the Committee's previous comments. It has also examined the report of the Ministry of Labour and Social Insurance for 1986, which was supplied by the Government, and which deals with the situation regarding the implementation of Act No. 903 of 9 December 1977 respecting equality of treatment between men and women in employment.
2. The Committee notes from this report that the participation of women in the employment market continued to increase during the period under consideration, but that most of them are employed in jobs in the tertiary and service sectors and that their participation rate in jobs in the industrial and agricultural sectors has remained stable or has decreased. The report also shows that there has been an increase in the unemployment rate which has particularly affected women workers due to the technological changes that have occurred in certain sectors, and which has reduced the opportunities for women to find jobs in these sectors. The report indicates in this connection that the situation is more serious in the southern regions of the country where the number of women in employment was 1,801,000 in 1986 as against 5,102,000 in the north. The Committee hopes that the Government will continue to make efforts to promote the principle of equality of opportunity and encourage the access of women to the employment market, particularly through a system of vocational guidance and training that is adapted to the new technologies. The Committee would be grateful if the Government would supply information on any progress achieved in this area and particularly on the implementation of the planned reform of the present system, to which the Government refers in its reports on the Human Resources Development Convention, 1975 (No. 142). The Committee also requests the Government to continue supplying information on the implementation of Act No. 903 of 1987 and to supply, as soon as possible, the reports of the Ministry of Labour and Social Insurance for 1987 and 1988.
3. The Committee also notes with interest the new legislative measures taken during the period covered by the report and the restructuring of the two national committees on equality of opportunity for men and women, operating respectively under the Ministry of Labour and Social Insurance and the Prime Minister's Office. The Committee notes with interest the activities of these committees to encourage the effective promotion of the principle of equality of opportunity and treatment for men and women, particularly as regards employment, and hopes that the Government will continue to supply information on any new measure that is taken by these committees and the results obtained.
4. The Government also indicates that draft legislation providing for positive measures to achieve equality between men and women is in the process of being adopted and that this legislation will combine the opinions of various political tendencies for the effective promotion of employment for women and the elimination of all discriminatory practices. The Committee hopes that this draft legislation can be adopted in the near future and that the Government will supply a copy of the final version when it is adopted.
5. The Committee notes the Government's explanations concerning the requirement of an absence of any criminal convictions for applicants to the public service and the case law on this point and it hopes that the Government will be able to supply copies of judicial decisions, where appropriate, which establish this case law.