Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

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

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

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 1, paragraph 1, of the Convention. Sexual harassment. The Committee notes with interest that, pursuant to the amendments to the Law on Equal Opportunities for Women and Men adopted on 18 December 2007, sexual harassment is now expressly included in the definition of discrimination contained in section 2(2) of the Law. It recalls that, under section 5 of the Law, employers are required to take appropriate measures to prevent sexual harassment of employees and it understands that, where an employer fails to comply with the obligation set out in this provision, the employees can refer the matter to the Equal Opportunities Ombudsperson. The Committee requests the Government to provide detailed information on the application of section 5 of the Law on Equal Opportunities for Women and Men in practice, including information on any cases referred to the Ombudsperson and the outcome thereof. Please also provide information on any measures taken or envisaged to prevent and eliminate sexual harassment at the workplace and on any complaints of sexual harassment lodged with the competent authorities.

Article 1, paragraph 1(b). Persons with disabilities. Noting the adoption of the National Programme for Social Integration of the Disabled, the Committee requests the Government to provide information on any measures taken under this programme to promote equality of opportunity and treatment in employment and occupation of disabled persons and their impact.

Article 1, paragraph 2. Inherent requirement of the job. The Committee notes from the Government’s report that under section 9 of the Law on Public Service a good command of the state language is required to be admitted to the position of civil servant. The Committee also notes that requirements regarding religion can be established for the staff of religious communities, societies and centres. The Committee further notes that under section 2(4) of the Law on Equal Opportunities for Women and Men a different treatment between men and women is not deemed to be discriminatory when a certain job can be performed only by a person of a particular sex where, due to the nature of a specific professional activity or the conditions of its fulfilment, the sex of the person is an essential (unavoidable) and determinant professional requirement. The Committee requests the Government to provide examples of cases where the abovementioned provisions have been applied and information on any relevant judicial or administrative decisions handed down in this regard. The Committee also again requests the Government to indicate any legal provisions establishing requirements regarding participation in political activities as mentioned in section 2(3) of the Act on Equal Treatment.

Article 2. Equality of opportunity and treatment irrespective of race, colour and national extraction. The Committee notes from the Government’s report that about 38 per cent of the Roma living in the country lack knowledge of the state language, which impairs their access to vocational training and employment, and that 75 per cent of the Roma pupils only acquire primary education. The Committee notes that under the Programme for the Integration of the Roma Community (2008–10) various measures have been envisaged for the purpose of promoting access to education of Roma children, offering targeted vocational training for the unemployed, providing teaching of the state language and offering labour market-related counselling. The Committee also notes that a Strategy for the Development of a Policy on National Minorities was approved in 2007, the main objectives of which are promoting the education of members of national minorities with a view to facilitating their integration in the labour market and supporting their efforts to retain their languages, customs and traditions. The Committee requests the Government to provide detailed information on the measures taken under the Programme for the Integration of the Roma Community and the Strategy for the Development of a Policy on National Minorities and their impact on promoting equality of opportunity and treatment in employment and occupation of minority groups, including the Roma. Please also indicate whether the groups concerned have been consulted in connection with the development and implementation of these initiatives. The Committee further reiterates its request for statistical information on the employment situation of the various ethnic groups existing in the country.

Equality of opportunity and treatment of men and women. The Committee notes the statistical data provided by the Government in its report concerning the distribution of men and women in the various positions of the civil service. It notes that, while women represent 72 per cent of the civil servants, only 0.78 per cent of them hold high-level positions. In this regard, the Committee notes the concerns expressed by the Committee on the Elimination of Discrimination against Women regarding the existence of significant vertical and horizontal occupational segregation between men and women in the labour market (CEDAW/C/LTU/CO/4, 18 July 2008, paragraph 20) and the discrimination suffered by vulnerable groups of women, including Roma women and migrant women, with respect to education and employment (paragraph 28). The Committee notes that under the second State Programme on Equal Opportunities for Women and Men (2005‑09) various measures have been taken to promote equality of opportunity between men and women in employment, including measures designed to foster the reconciliation of family and professional life, to change traditional stereotypes regarding women’s and men’s role in society, to enhance employment opportunities for women returning to the labour market after a long break and to increase women’s opportunities to start their own businesses. The Committee requests the Government to provide information on any measures taken or envisaged to address the horizontal and vertical occupational segregation between men and women in the labour market, including measures aimed at promoting women’s access to a wider range of jobs and providing them with a wider choice of educational and vocational opportunities. The Committee also requests the Government to indicate whether any specific measures are being taken or envisaged to promote equality of opportunity and treatment in respect of vulnerable groups of women. Please also continue to supply information on the implementation of the State Programme on Equal Opportunities for Women and Men and its impact on the application of the Convention.

Vocational training. The Committee notes the Government’s indication that no measures were taken to promote equal opportunities in respect of vocational training since the legislation in force does not provide for any discrimination in this regard, guaranteeing equal rights. The Committee considers that the absence of discriminatory provisions in itself does not ensure in practice the full application of the Convention. In this regard, it recalls that Article 2 of the Convention requires ratifying States to declare and pursue a national policy designed to promote equality of opportunity and treatment in respect of employment and occupation with a view to eliminating any discrimination in respect thereof and that this policy also needs to cover access to vocational training and education. The Committee therefore requests the Government to provide information on the specific measures taken to promote equality of opportunity and treatment in respect of access to vocational training, irrespective, in particular, of sex, race, colour, national extraction and social origin, with a view to achieving equal access to such training of all segments of the population. Please also provide statistical information on the number of women and men enrolled in vocational training courses, disaggregated, as far as possible, by ethnic origin.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Legislative developments. The Committee notes with interest the amendments to the Law on Equal Opportunities for Women and Men adopted on 18 December 2007, pursuant to which the burden of proof has been shifted from the alleged victim of discrimination to the person or institution against which a complaint is filed (section 2(1)). The Committee also notes that a second paragraph was added to section 9 of the Law providing that a workers’ or employers’ organization or any other legal persons may represent the alleged victim of discrimination in judicial or administrative procedures upon receiving his or her written consent. The Committee asks the Government to provide information on the number, nature and outcome of cases brought pursuant to the Law on Equal Opportunities for Women and Men, as amended.

Practical application. In its previous comments, the Committee noted the observations of the Lietuvos Darbo Federacija (LDF) indicating, among other things, that workers continue to experience discrimination on the basis of gender, age, sexual orientation and family status despite the fact that the Labour Code prohibits such treatment. Accordingly, the Committee urged the Government to take all necessary steps to ensure that the legislation is known, understood and observed in practice, and requested information on the measures taken to this end and on the number, the nature and the outcome of cases concerning discrimination in employment and occupation addressed by the competent authorities. The Committee notes from the Government’s report that in 2006 the National Antidiscrimination Programme for 2006–08 was launched with the objective of promoting the implementation of the legislation establishing the principle of non-discrimination and equal opportunities and of raising public awareness of the relevant provisions, the measures for protection and the possible manifestation of discrimination. The Committee also notes that a similar programme was drafted for the period 2009–11. The Committee requests the Government to provide detailed information on the measures taken to implement the National Antidiscrimination Programme and to submit a copy of the last annual report on its implementation. The Committee also requests the Government to indicate whether the draft programme for 2009–11 has been adopted and, if so, to provide information on its implementation. The Committee also reiterates its request for information on the number, nature and outcome of cases concerning discrimination in employment and occupation which have been dealt with by the competent authorities.

The Committee notes with regret that the Government’s report again contains no reply to its previous comments concerning discrimination on the basis of political opinion. It is therefore bound to repeat the relevant parts of its previous observation, which read as follows:

Discrimination on the basis of political opinion. The Committee recalls its previous comments regarding section 9(6)(3) of the Act on Civil Service of 8 July 1999 (No. VII-1316), which provided that former staff officers of the USSR State Security Committee shall not be eligible for the civil service. The Committee expressed concern that this provision could amount to discrimination on the ground of political opinion. The Committee requested the Government to confirm that the exclusion established under section 9(6)(3) of the Act on Civil Service had been abolished and to provide a copy of the Act as in force. The Government was also asked to indicate any additional grounds for non-eligibility that may have been adopted in any laws.

The Committee notes that the Government’s report contains no information concerning these matters. It nevertheless notes from the official translation published by the Seimas of the Act on Civil Service of 8 July 1999 (No. VII-1316), as amended on 23 April 2002 (No. IX-855), that section 9(6)(3) has been repealed, while the new section 9(3) states generally that persons shall not be eligible for the civil service in case this is provided for by other laws. The Committee also notes that restrictions not only in respect of access to employment in the civil service but also in the private sector are provided for in the Act on the Evaluation of the USSR State Security Committee (NKVD, NKGB, MGB, KGB) and the Present Activities of Former Permanent Employees of the Organization of 16 July 1998, which entered into force on 1 January 1999 (“SSC Act”). Section 2 of the SSC Act provides as follows:

For a period of ten years from the date of entry into force of this Act, former employees of the SSC may not work as public officials or civil servants in government, local or defence authorities, the State Security Department, the police, the prosecution, courts or diplomatic service, customs, State supervisory bodies and other authorities monitoring public institutions, as lawyers or notaries, as employees of banks and other credit institutions, on strategic economic projects, in security companies (structures), in other companies (structures) providing detective services, in communications systems, or in the educational system as teachers, educators or heads of institutions[;] nor may they perform a job requiring the carrying of a weapon.

(Judgement of 27 July 2004, in the case of Sidabras and Džiautas v. Lithuania, paragraph 24)

The Committee notes that the European Court of Human Rights, in its judgement of 27 July 2004, in the case of Sidabras and Džiautas v. Lithuania, held that the restrictions imposed under the SSC Act on the applicants to apply for private sector jobs violated their rights under article 14 (prohibition of discrimination) in conjunction with article 8 (private life) of the European Convention on Human Rights. Taking the Committee of Expert’s surveys and observations concerning similar situations into account, the Court held that section 2 of the SSC Act was a disproportionate measure. In the Court’s view, such a legislative scheme must be considered as lacking the necessary safeguards for avoiding discrimination and for guaranteeing adequate and appropriate judicial supervision of the imposition of such restrictions (paragraph 59). In the case of Rainys and Gasparavičius v. Lithuania (judgement of 7 April 2005), the Court reached the same conclusion in respect of the applicants’ dismissal from private sector jobs on the basis of their status as “former permanent employees of the SSC”.

The Committee also notes that the European Committee on Social Rights, in its 2006 conclusions concerning Lithuania, considered that the situation described above was not in conformity with the European Social Charter. That Committee concluded that while the measures in question served the legitimate purpose of protecting national security, they are not necessary and proportionate in that they apply to a large field of employment and not solely to those services which have responsibilities in the field of law and order and national security or to functions involving such responsibilities.

The Committee recalls that Convention No. 111 provides protection from discrimination in respect of access to employment and work in the public and private sectors. It recalls that requirements of a political nature can be set for a particular job but, to ensure that they are not contrary to the Convention, they should be limited to the characteristics of a particular post and be in proportion to its labour requirements. The Committee observes that the exclusions provided for under section 2 of the SSC Act apply broadly to employment in the public sector and to parts of the private sector rather than to specific jobs, functions or tasks (with the exception of the references to “lawyers or notaries”, and “teachers and educators or heads of institutions” in educational institutions). The Committee is concerned that these provisions appear to go beyond justifiable exclusions in respect of a particular job based on its inherent requirements as provided for under Article 1, paragraph 2, of the Convention. It recalls that in order to ascertain whether a distinction could be permissible under Article 1(2), careful examination of each individual case is required. For measures not to be deemed discriminatory under Article 4, they must be measures affecting an individual on account of activities he or she is justifiably suspected of, or proven to be engaged in, which are prejudicial to the security of the State. The application of such measures must be examined in the light of the bearing which the activities concerned may have on the actual performance of the job, task or occupation of the person concerned. The Committee also notes that in cases where persons are deemed to be justifiably suspected of or engaged in activities prejudicial to the security of the State, the individual concerned shall have the right to appeal to a competent body in accordance with national practice. As stressed in the Committee’s 1996 Special Survey, it is important that the appeals body is competent to hear the reasons for the measures taken against the appellant and to afford her or him the opportunity to represent her or his case in full (paragraph 129).

The Committee considers that the broad exclusion of “former permanent SSC employees” from work in the private and public sectors is not sufficiently well-defined and delimited to ensure that it does not lead to discrimination in employment and occupation based on political opinion. The Committee is concerned that the operation of this scheme may have deprived a considerable number of workers of their human right to equality of opportunity and treatment in employment and occupation. While noting that the scheme provided for under the SSC Act is due to expire on 1 January 2009, the Committee urges the Government to revise the provisions concerned and, in doing so, to have recourse to the indications provided by the Committee in its General Survey of 1988 on equality in employment and occupation, in particular paragraphs 126, and 135–137, and of paragraphs 192–202 of the Special Survey of 1996.

The Committee requests the Government to provide information on the measures taken to bring the legislation concerned into conformity with the Convention. It also requests the Government to provide detailed information on the practical application of the SSC Act, including information on the following:

(a)   the number of persons that are considered “former permanent SSC employees” and the number of such persons that have been dismissed from private or public employment or who had their application rejected;

(b)    the procedural protections of appellate review available to affected persons, and information on the outcome of any administrative or judicial decisions relevant to the application of these provisions; and

(c)    any measures taken or envisaged to remedy the situation of persons excluded from employment and occupation as a result of national law and practice that is contrary to Lithuania’s international obligations.

The Committee is raising other points in a request addressed directly to the Government.

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

1. Article 1(1) of the Convention. Sexual harassment. The Committee notes from the Government’s report that only a very low number of complaints concerning sexual harassment are currently being received by the competent bodies but that a number of initiatives are being carried out to raise awareness of the issue. The Committee requests the Government to continue to provide information on the measures taken to prevent and eliminate sexual harassment at work, including on the extent to which complaints of sexual harassment are being brought.

2. Article 1(2). Inherent requirement of the job. The Committee requested the Government to indicate any legal provisions establishing requirements regarding language and political activities as mentioned in section 2(3) of the Act on Equal Treatment. It also requested the Government to provide information on the practical application of point 7 of section 2(3) of the Act, indicating any cases in which this exceptions clause has been applied. The Committee requests the Government to provide this information in its next report.

3. Article 2. Equality of opportunity and treatment irrespective of race, colour and national extraction. The Committee regrets that the Government’s report contains no information in reply to the Committee’s previous comments on this matter. It notes the concerns expressed by the Committee on the Elimination of Racial Discrimination regarding the very high unemployment rate among members of the Roma community (Concluding Observations of 7 March 2006, CERD/C/LTU/CO/3, paragraph 20). The Committee urges the Government to provide full information on the measures taken to promote equality of opportunity and treatment in employment and occupation of all ethnic groups, particularly the Roma, including measures taken or envisaged to overcome gaps concerning training and education and to promote tolerance and respect between all groups of society. The Committee further requests the Government to provide full information on the employment-related measures implemented under the national action plans concerning minorities, including indications whether any positive action is being taken with a view to promoting equality, as well as detailed statistical information on the employment situation of the various ethnic groups.

4. Equality of opportunity and treatment of men and women. The Committee notes that, according to the Government, the implementation of the 2003-2004 State Programme on Equal Opportunities for Women and Men has led to positive results. According to a 2006 European Union report, Lithuania has the highest number of female managers in Europe, with 42 per cent of managers at all levels being women. In 2006, a survey of the position of women in small and medium-sized enterprises is being carried out. Educational attainment of women remains higher than that of men, but their unemployment rate is slightly higher. The Committee requests the Government to continue to provide detailed information concerning the measures taken to promote gender equality at work and in the labour market, including regarding the implementation and impact of the measures provided for under the Second Programme on Equal Opportunities for Women, 2005-09. Please provide the results of the abovementioned survey as well as statistical information, disaggregated by sex, indicating the position of men and women in the labour market.

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

1. Practical application. The Committee notes the observations dated 31 August 2004 received from Lietuvos Darbo Federacija (LDF) concerning the application of the Convention, which were forwarded to the Government on 25 October 2004. According to the LDF, workers continued to experience discrimination based on gender, age, sexual orientation and family status despite the fact that the Labour Code prohibits such treatment. The LDF also states that most of the unemployed were older persons and that employers frequently inquire into the family situation of workers, a practice particularly affecting women. The Committee observes that Lithuania has adopted a number of legal provisions implementing the Convention and it urges the Government to take all necessary steps to ensure that the legislation is known, understood and observed in practice. It requests the Government to provide information on the measures taken to this end, as well as indications as to the number, nature and outcome of cases concerning discrimination in employment and occupation which have been addressed by the competent authorities.

2. Discrimination on the basis of political opinion. The Committee recalls its previous comments regarding section 9(6)(3) of the Act on Civil Service of 8 July 1999 (No. VII-1316), which provided that former staff officers of the USSR State Security Committee shall not be eligible for the civil service. The Committee expressed concern that this provision could amount to discrimination on the ground of political opinion. The Committee requested the Government to confirm that the exclusion established under section 9(6)(3) of the Act on Civil Service had been abolished and to provide a copy of the Act as in force. The Government was also asked to indicate any additional grounds for non-eligibility that may have been adopted in any laws.

3. The Committee notes that the Government’s report contains no information concerning these matters. It nevertheless notes from the official translation published by the Seimas of the Act on Civil Service of 8 July 1999 (No. VII-1316), as amended on 23 April 2002 (No. IX-855), that section 9(6)(3) has been repealed, while the new section 9(3) states generally that persons shall not be eligible for the civil service in case this is provided for by other laws. The Committee also notes that restrictions not only in respect of access to employment in the civil service but also in the private sector are provided for in the Act on the Evaluation of the USSR State Security Committee (NKVD, NKGB, MGB, KGB) and the Present Activities of Former Permanent Employees of the Organization of 16 July 1998, which entered into force on 1 January 1999 (“SSC Act”). Section 2 of the SSC Act provides as follows:

For a period of ten years from the date of entry into force of this Act, former employees of the SSC may not work as public officials or civil servants in government, local or defence authorities, the State Security Department, the police, the prosecution, courts or diplomatic service, customs, State supervisory bodies and other authorities monitoring public institutions, as lawyers or notaries, as employees of banks and other credit institutions, on strategic economic projects, in security companies (structures), in other companies (structures) providing detective services, in communications systems, or in the educational system as teachers, educators or heads of institutions[;] nor may they perform a job requiring the carrying of a weapon.

(Judgement of 27 July 2004, in the case of Sidabras and Džiautas v. Lithuania, paragraph 24)

4. The Committee notes that the European Court of Human Rights, in its judgement of 27 July 2004, in the case of Sidabras and Džiautas v. Lithuania, held that the restrictions imposed under the SSC Act on the applicants to apply for private sector jobs violated their rights under article 14 (prohibition of discrimination) in conjunction with article 8 (private life) of the European Convention on Human Rights. Taking the Committee of Expert’s surveys and observations concerning similar situations into account, the Court held that section 2 of the SSC Act was a disproportionate measure. In the Court’s view, such a legislative scheme must be considered as lacking the necessary safeguards for avoiding discrimination and for guaranteeing adequate and appropriate judicial supervision of the imposition of such restrictions (paragraph 59). In the case of Rainys and Gasparavičius v. Lithuania (judgement of 7 April 2005), the Court reached the same conclusion in respect of the applicants’ dismissal from private sector jobs on the basis of their status as “former permanent employees of the SSC”.

5. The Committee also notes that the European Committee on Social Rights, in its 2006 conclusions concerning Lithuania, considered that the situation described above was not in conformity with the European Social Charter. That Committee concluded that while the measures in question served the legitimate purpose of protecting national security, they are not necessary and proportionate in that they apply to a large field of employment and not solely to those services which have responsibilities in the field of law and order and national security or to functions involving such responsibilities.

6. The Committee recalls that Convention No. 111 provides protection from discrimination in respect of access to employment and work in the public and private sectors. It recalls that requirements of a political nature can be set for a particular job but, to ensure that they are not contrary to the Convention, they should be limited to the characteristics of a particular post and be in proportion to its labour requirements. The Committee observes that the exclusions provided for under section 2 of the SSC Act apply broadly to employment in the public sector and to parts of the private sector rather than to specific jobs, functions or tasks (with the exception of the references to “lawyers or notaries”, and “teachers and educators or heads of institutions” in educational institutions). The Committee is concerned that these provisions appear to go beyond justifiable exclusions in respect of a particular job based on its inherent requirements as provided for under Article 1(2) of the Convention. It recalls that in order to ascertain whether a distinction could be permissible under Article 1(2), careful examination of each individual case is required. For measures not to be deemed discriminatory under Article 4, they must be measures affecting an individual on account of activities he or she is justifiably suspected of, or proven to be engaged in, which are prejudicial to the security of the State. The application of such measures must be examined in the light of the bearing which the activities concerned may have on the actual performance of the job, task or occupation of the person concerned. The Committee also notes that in cases where persons are deemed to be justifiably suspected of or engaged in activities prejudicial to the security of the State, the individual concerned shall have the right to appeal to a competent body in accordance with national practice. As stressed in the Committee’s 1996 Special Survey, it is important that the appeals body is competent to hear the reasons for the measures taken against the appellant and to afford her or him the opportunity to represent her or his case in full (paragraph 129).

7. The Committee considers that the broad exclusion of “former permanent SSC employees” from work in the private and public sectors is not sufficiently well-defined and delimited to ensure that it does not lead to discrimination in employment and occupation based on political opinion. The Committee is concerned that the operation of this scheme may have deprived a considerable number of workers of their human right to equality of opportunity and treatment in employment and occupation. While noting that the scheme provided for under the SSC Act is due to expire on 1 January 2009, the Committee urges the Government to revise the provisions concerned and, in doing so, to have recourse to the indications provided by the Committee in its General Survey on equality in employment and occupation of 1988, in particular paragraphs 126, and 135-137, and of paragraphs 192-202 of the Special Survey of 1996.

8. The Committee requests the Government to provide information on the measures taken to bring the legislation concerned into conformity with the Convention. It also requests the Government to provide detailed information on the practical application of the SSC Act, including information on the following:

(a)   the number of persons that are considered “former permanent SSC employees” and the number of such persons that have been dismissed from private or public employment or who had their application rejected;

(b)   the procedural protections of appellate review available to affected persons, and information on the outcome of any administrative or judicial decisions relevant to the application of these provisions; and

(c)   any measures taken or envisaged to remedy the situation of persons excluded from employment and occupation as a result of national law and practice that is contrary to Lithuania’s international obligations.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the observations from the trade union Lietuvos Darbo Federacija (LDF) dated 31 August 2004, which have been sent to the Government for comment. It will consider these observations together with the Government’s next report and any observations the Government may make in reply.

1. Article 1(1) of the Convention. Sexual harassment. Recalling its 2002 general observation, the Committee notes that under section 5(5) of the Act on Equal Opportunities of Women and Men, the employer must take appropriate measures to prevent sexual harassment of employees. Sexual harassment is defined as offensive verbal or physical conduct of a sexual nature towards a person with whom work, business and other relations of subordination exist. The Committee notes that both men and women have lodged complaints regarding sexual harassment with the Equal Opportunities Ombudsman. Noting the Government’s emphasis on awareness raising and policies on sexual harassment at the enterprise level, the Committee requests the Government to provide information on any steps taken to promote such measures. Please also continue to provide information on the manner in which sexual harassment is addressed by the competent public authorities, including the number and outcomes of complaints.

2. Prohibition of discrimination. The Committee notes that under the new Labour Code (Act No. IX-926 of 4 June 2002) those covered by the Code are to be treated equally irrespective of their gender, sexual orientation, race, national origin, citizenship and social status, religion, marital and family status, age, opinion or views, political party or public organization membership, and factors unrelated to the employee’s professional qualities (section 2(4)). The Committee also notes that the Act on Equal Treatment (Act No. IX-1826 of 18 November 2003) prohibits direct and indirect discrimination in private and public employment on the basis of age, sexual orientation, disability, racial or ethnic origin, and religion or belief. Under the Act, complaints concerning such discrimination can be brought before the Equal Opportunities Ombudsman. Finally, the Committee notes that definitions of direct and indirect discrimination have been included in the Act on Equal Opportunities of Women and Men. The Committee requests the Government to clarify whether the grounds of "social status" and "opinion or views" referred to in section 2(4) of the Labour Code cover the grounds of social origin and political opinion as listed in the Convention. The Government is also requested to provide information on the practical application of section 2(4) of the Labour Code, including through the competent administrative and judicial bodies.

3. Article 1(2). Inherent requirements of the job. The Committee notes that under section 2(3) of the Act on Equal Treatment the requirement to know the state language (point 2) and prohibitions of taking part in political activities (point 3) established by law are not considered to constitute direct discrimination. Differential treatment is also considered lawful when "a certain human characteristic is the usual and decisive professional requirement, and the aim is lawful and the requirement is appropriate" (point 7). The Committee requests the Government to indicate any legal provisions establishing the requirements mentioned in points 2 and 3 of section 2(3). With regard to point 7, the Committee hopes that in respect to employment and occupation, this provision will be applied in conformity with Article 1(2) of the Convention under which any distinction, exclusion or preference in respect to a particular job shall not be deemed to be discrimination only if it is based on the inherent requirements thereof. Please provide information on the practical application of point 7 of section 2(3) of the Act on Equal Treatment, indicating cases in which it has been applied.

4. Article 2. Equality of opportunity on the basis of race, colour, and national extraction. The Committee notes with interest the Government’s efforts to assess the levels of tolerance towards members of ethnic and social groups through a survey conducted in November 2003, which showed that there is a high degree of intolerance of members of the Roma minority. The Committee also notes the employment data for the different national minorities, disaggregated by sex, which indicates substantially higher unemployment rates of Lithuanians of Russian and Polish origin as compared to other Lithuanians. Roma continue to face difficulties in entering the labour market due to their lack of training and education, as well as the negative attitudes towards this group in society. According to the Government, unemployment is the main cause of poverty experienced by this group. Noting the various measures taken by the Government in the context of the Programme for the Roma Integration into Lithuanian Society, the Committee requests the Government to continue to provide information on such measures, including on the results achieved, as well as information on the enforcement of the Act on Equal Opportunities with regard to discrimination against the Roma. Please also continue to provide information on the application of the Convention in respect to the other minority groups, including statistical information.

5. Equality of opportunity and treatment of men and women. The Committee notes with interest Lithuania’s ratification of the Workers with Family Responsibilities Convention, 1981 (No. 156), which was registered on 6 May 2004. The Committee also notes the various measures taken to promote women’s equal access to employment, such as training programmes on business organization and skills training, as well as public awareness-raising measures to combat stereotypes regarding women’s role in society that impact negatively on their employment. The Committee requests the Government to continue to provide information on the measures taken to promote equality of opportunity and treatment of men and women in employment and occupation, as well as information on the results achieved, including statistical information on the level of men’s and women’s participation in the different sectors, occupations, and levels of responsibility. Recalling its previous comments regarding the currently lower retirement age of 62.5 years for women as compared to 65 years for men, the Committee notes the Government’s indication that this issue may be re-examined in the future in light of social and economic conditions and budgetary considerations.

6. Equality of opportunity on the basis of political opinion. The Committee recalls its previous comments regarding section 9(6)(3) of the Act on Public Service of 1999 which provided that former staff officers of the USSR State Security Committee shall not be eligible for the civil service. The Committee had expressed concerns that this provision could amount to discrimination on the grounds of political opinion. In this regard, the Committee notes from the Government’s report that section 9(3) of Act on Public Service as in force as of 1 July 2002 contains a list of grounds on which entry in the civil service can be refused which does not include the provision previously contained in section 9(6)(3). Noting that new section 9(3) provides, inter alia, that additional grounds for non-eligibility for the civil service may be laid down in other laws, the Committee requests the Government to confirm that the exclusion established under former section 9(6)(3) of the Act on Public Service has been abolished and to provide a copy of the Act as in force; and to indicate any additional grounds for non-eligibility that may have been adopted in any laws.

7. Article 5. Special measures. Recalling its previous comments concerning Order No. 18/12 of 13 January 1998 of the Ministry of Social Security and Labour and the Ministry of Health Care approving a list of jobs prohibited for women before, during and after confinement for childbirth, the Committee notes that the Government has approved a new list of such jobs on 19 March 2003. Please provide the text of the legal Act containing the list in question.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the information contained in the Government’s report.

1. The Committee would be grateful to receive detailed information on the measures taken by the Office of the Equal Opportunities Ombudsman concerning public awareness raising, promotion of implementation and enforcement of the Equal Opportunities Act on all grounds of discrimination set out in the Convention. Please also provide information on the number, nature and outcome of the cases handled by the Office, and the Labour Inspectorate, which relate to discrimination in employment and occupation. Noting the establishment of a permanent Inter-Ministerial Commission on Equal Opportunity for Men and Women (Concluding Observations of the Committee on the Elimination of Discrimination Against Women, A/55/38, paragraph 121), the Committee would also like to receive information on the mandate and activities of this new body.

2. The Committee notes the clarifications provided by the Government as to the rationale for the exceptions of certain provisions permitting differential treatment of men and women from the scope of the Equal Opportunities Act. Regarding section 2.2(5), which concerns work that can only be performed by persons of a particular sex, the Committee notes that a list of such jobs has not been drawn up yet. The Committee hopes that section 2.2(5) will be applied narrowly based upon the inherent requirements of the job. The Committee notes from the report that sections 2.2(1) and 2.2(4) provide for maternity-related protection for women. In this connection, the Committee notes that the Government plans to amend the provisions concerning maternity protection under the Law on Equal Opportunities and the Law on Safety and Health at Work, as well as Order No. 18/12 of the Ministry of Social Security and Labour and the Ministry of Health Care. Recalling its previous comment that the list of jobs prohibited for women before, during and after confinement as approved by Order No.18/12 is a very extensive list, the Committee reiterates its suggestion that the Government should envisage a review of this list in order to ensure that the types of jobs prohibited are really restricted to those involving a risk for the health of the foetus and the future mother. Referring to section 2.2(3), which permits the setting of different retirement ages for men and women, the Committee notes that the retirement age for women has been gradually raised since 1995 and that now, pursuant to section 18 of the State Social Insurance Pensions Act, the retirement age will be 60 years for women and 62.5 years for men as of 1 January 2009. The Committee also notes that the obligatory state social insurance period for old-age pension shall be 30 years for men as of 1999 and will be the same for women as of 2004. Noting the Government’s indication that the earlier retirement age for women had been provided in consideration of their maternity functions, the Committee would be grateful if the Government would explain why, while the obligatory insurance period for men and women is being harmonized, a difference of 2.5 years in the retirement ages for men and women is being maintained. In light of the detrimental impact on women that an obligatory early retirement age can have on income levels and career paths, the Committee also requests the Government to indicate whether the earlier retirement age for women is optional or compulsory.

3. With reference to its previous comments relating to equality of men and women in the labour market, the Committee notes that the measures planned under the programme to increase employment for the years 2001-02 adopted by the Government in May 2001, include assistance for women returning to work after maternity leave, entrepreneurial training for women and the establishment of childcare institutions. The Committee also notes the measures taken to promote employment of unemployed women with children under 14 years of age. The Committee requests the Government to provide information on the implementation and achievements of the abovementioned programme for 2001 02. The Government is asked to provide the Committee with statistical information on the situation of women in the labour market, including unemployment, participation in the various levels of education and the different economic activities and occupational groups, and the quality of participation. Please also provide information on the training programmes provided to women by the Labour Exchange Offices, including the fields of training and the numbers of women having received training and successfully integrated into the formal labour market.

4. The Committee notes the information provided by the Government as regards the employment situation of the various minority groups living in Lithuania, including the Roma community. The statistics reveal that members of minority groups are more likely to be unemployed than others. The Committee notes the Government’s statement that the economic activity of certain groups is lower due to language barriers, ethnic peculiarity, and their concentration in economically and socially less developed areas. According to the Government it was noted that members of minority communities are less educated which hampers their integration into the labour market. The Committee notes that the programme for increasing employment 2001-02 aims, inter alia, at ensuring equal opportunities for all persons as regards access to employment, irrespective of their sex, nationality, race, disabilities and other conditions. The Committee also notes that the Government has adopted a programme concerning the integration of the Roma community into society for the years 2001-05. Among other measures, this programme will include the development of vocational training opportunities for Roma people. The Committee hopes the Government is taking positive measures in addition to training and employment-creation programmes to promote equal access to education, training institutions and jobs for the various members of minority groups. The Committee requests the Government to keep it regularly informed of the different stages of implementation of these programmes and on the results achieved. The Committee reiterates its request to provide information on the policy measures taken in regard to access to employment and occupation without discrimination based on religion.

5. The Committee notes with some concern that article 9(6)(3)of the Law on Public Service of 1999 provides that the former staff officers of the USSR State Security Committee (NKVD, NKGB, MGB, KGB), pursuant to the stipulations of the Law on the Assessment of the USSR State Security Committee and the current activities of staff officers of this organization, shall not be eligible for the civil service. The Committee brings to the Government’s attention that this provision could amount to discrimination on the grounds of political opinion and requests the Government to provide, in its next report, detailed information on its application in national practice, including the reasons for the automatic non eligibility provision and the designation of the particular staff officers as well as the number of persons concerned. Please also provide a copy of the Law on the Assessment of the USSR State Security Committee and the current activities of staff officers of this organization. The Committee must also recall its previous comments concerning the application of Article 4 of the Convention. The Committee requests the Government once again to provide information on any legislative or administrative measures and national practice regarding the right of appeal available to persons concerned.

6. The Committee requests the Government once again to inform it of the status of the draft Labour Code on which the Office made comments in 1999.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the information contained in the Government's report.

1. With reference to its observation, the Committee notes with interest the adoption of the Men's and Women's Equal Opportunities Act of 1 December 1998. It would be grateful to receive information on the measures taken with respect to promotion and public awareness in regard to the application of this Act in practice as well as the activities of the Ombudsman responsible for application of the Act, including complaints brought before him.

2. The Committee would also be grateful to receive clarification on the application of certain provisions of this Act on equality. It notes in particular that section 2.2, which defines discrimination within the meaning of the Act, excludes certain types of measures from its scope. In regard to safety measures applicable only to women, and work which is specific to a person of one or other sex as laid down in section 2.2(4) and (5), it requests the Government to provide detailed information on the measures envisaged by these provisions or to supply examples. Section 2.2(3) permits the setting of different retirement ages for men and women as a non-discriminatory measure. The Committee would be grateful to know the reasons for this measure which it considers could in fact constitute discrimination against men or women. Finally, section 2.2(1) concerns special measures for the protection of pregnant women, or after confinement, or breastfeeding. Under Article 5 of the Convention, special measures of protection or assistance designed to take into account the particular needs of persons are not deemed to be discrimination. In connection with this provision, however, noting that Order No. 18/12 of 13 January 1998 of the Ministry of Social Security and Labour and the Ministry of Health Care approving the list of jobs that should be prohibited for women before, during and after confinement, contains a very extensive list, the Committee suggests to the Government that it should envisage a review of this list in order to ensure that the types of job prohibited are really restricted to those involving a risk for the health of the foetus and the future mother.

3. Article 2 of the Convention. The Committee notes that, according to the statistics attached to the Government's report with respect to the rate of higher education attendance by subject and by sex, there is relatively equal distribution between the sexes in higher education. It also notes the statistics concerning the active population by branch of economic activity and by occupation which show that rates for men and women are fairly close. The Committee notes the policy of promotion of equality between the sexes and, in particular, the 1998-2000 programme for the promotion of Lithuanian women. It requests the Government to keep it informed on the implementation of this programme, particularly in the field of employment. The Committee requests the Government to pursue its endeavours to achieve real equality between men and women on the labour market.

4. The Committee requests the Government to send with its next reports information concerning the national policy measures implemented or envisaged for the purpose of promoting by methods appropriate to national circumstances and customs equality of opportunity and treatment in regard to employment and occupation, without discrimination based on race, national extraction and religion.

5. Article 3(a). The Committee notes the establishment of a Tripartite Board of the Republic of Lithuania and of tripartite public commissions. It requests the Government to supply with the next report further information on the activities and competence of these bodies in regard to the application of the Convention.

6. Article 4. This Article provides for an exception permitting any measures affecting an individual who is justifiably suspected of, or engaged in, activities prejudicial to the security of the State not be considered as discrimination. The exception set out under Article 4 applies only to the exercise of an activity which may be prejudicial to the security of the State and requires that this activity should be proved or that relevant and specific presumptions result in justifiable suspicion. The Committee hopes that this explanation will enable the Government to provide the information requested in regard to the application of this Article.

7. Part III of the report form. The Committee draws the Government's attention to the information requested in Part III of the report form concerning the authorities entrusted with the application of the legislation and administrative regulations adopted for application of the Convention. In this regard, it notes the Government's indication under Article 3(d) that application of the labour laws is supervised by the State Labour Inspection and that implementation of the Men's and Women's Equal Opportunities Act is under the supervision of controllers specially appointed for that purpose. It requests the Government to supply if possible with its next reports information on the methods by which supervision of this application is ensured.

8. The Committee requests the Government to inform it of developments in the adoption of the new draft Labour Code on which the Office recently made comments.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the information provided in the Government's report.

The Committee notes with interest the adoption of Act No. VIII-947 of 1 December 1998 on equality of opportunities between men and women, which entered into force on 1 March 1999 with the aim of ensuring enforcement of equality of rights between women and men in access to employment, remuneration and employment conditions, including the prevention of sexual harassment. It also notes that this Act establishes the post of an ombudsman responsible for monitoring the application of the Act, and also the principle of equality between men and women. The Committee is addressing a request regarding other questions concerning the practical application of this Act directly to the Government.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes the information provided by the Government in its report. It thanks the Government for the explanation given which answers its previous direct request concerning Article 4 of the Convention. It also notes the attached statistical data on the participation of women in employment generally (1991-96) and in particular sectors of activity (1995).

1. Further to its previous direct request, the Committee notes the Government's statement that the additional grounds on which discrimination is prohibited in the national Constitution and other legislation (language, age, citizenship and disability) have not been specified in accordance with Article 1, paragraph 1(b), as coming within the scope of the Convention. The Government further states that neither the text of the Convention nor the report form clarifies the type of declaration that is expected and the ILO Handbook of Procedures relating to international Labour Conventions and Recommendations has not included Article 1, paragraph 1(b), in the list of declarations to accompany ratifications or to extend obligations under a Convention. As no specific mechanism is provided for concerning the means of extending the grounds of discrimination under the Convention, the Committee observes that the Government might consider notifying its intention in this regard by means of a statement to this effect in its next report or by addressing this question in a letter to the Office.

2. The Committee notes with interest the information on the promotion of equality provided in the Government's reports on the application of the Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159), and the Human Resources Development Convention, 1975 (No. 142). Further to its previous comment, the Committee also notes that the term "nationality" in the Constitution and other legislation includes the concept of "national extraction". In future reports, please provide information on the programmes initiated to implement, in practice, the objectives of the national policy to promote equality of opportunity and treatment on all of the grounds of the Convention. Please also furnish copies of any relevant studies or surveys pertinent to the application of the Convention.

3. The Committee notes that in recent years, the women's movement has become more organized and stronger and that more than 30 women's organizations have been created, including the Women's Party. It also notes that, in the context of the follow-up to the Fourth World Conference on Women (Beijing, 1995), a programme for women's advancement was elaborated, which is being implemented by a group set up by the Government. According to the report, the reinforcement of this Programme by the Government will accelerate improvements in the situation of women. The Committee requests the Government to provide copies of the programme for women's advancement, together with more detailed information on the body entrusted with its implementation. Please also provide specific information on the measures being recommended or taken in pursuance of the programme.

4. Referring to its previous direct request, the Committee asks the Government to furnish particulars on the jobs prohibited to women pursuant to section 64 of the Labour Protection Act, 1993.

5. Please furnish copies of the amendment of 16 January 1997 (Amendment No. VIII-75) to section 29(1) of the Employment Contracts Act, 1991 -- which extends the reasons for which an employment contract may be terminated at the initiative of the employer -- and provide information on the measures being taken to ensure that the application in practice of this new provision does not give rise to discrimination within the scope of the Convention.

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

The Committee notes the information provided by the Government in its first report on the application of the Convention. It would be grateful if the Government would provide detailed information in its next report, particularly on the following points:

1. Article 1 of the Convention. The Committee notes from the Government's report that article 29 of the 1992 Constitution provides for equality of all persons before the law and forbids the restriction of rights or the granting of privileges on the basis of sex, race, nationality, language, origin, social status, religion, convictions, or opinions. It also notes the provisions of the Employment Contract Act, 1991, which includes among the general principles governing labour relations, the guarantee of equality for all employees, regardless of their sex, race, nationality, citizenship, political convictions, religious beliefs or any other factors not affecting their professional qualifications (item 6 of section 2); those of section 19 which prohibit an employer from refusing employment on those grounds; and those of section 29 making it illegal for an employer to dismiss an employee on the basis of political conviction, religious views, nationality, citizenship or other factors not related to professional qualifications. In addition, the Committee notes the anti-discrimination provisions of other legislation, including the Act on the Social Integration of the Disabled, 1991, the Act on Ethnic Minorities, 1989, and the Labour Protection Act, 1993. The Committee would be grateful if the Government would furnish the information requested under paragraph 1(a) of the report form adopted by the Governing Body for the Convention concerning the actual situation in the country regarding vocational training, employment and occupation of persons according to the grounds specified in the Constitution and legislation. Information might be supplied, for example, on the participation rate of these different groups of persons in education at all levels, in employment generally and in particular occupations and at different levels of responsibility and influence.

2. The Committee would be grateful if the Government would indicate whether the term "nationality" in the Constitution and other legislation corresponds to the criterion of "national extraction" used in the Convention, and how it has been interpreted by the courts.

3. The Committee notes that several grounds on which discrimination is prohibited in the Constitution or in other legislation are listed in the Government's report in addition to those explicitly covered by the Convention (language, age, citizenship and disability). Please indicate whether these grounds should be considered to be covered by the Convention by virtue of Article 1, paragraph 1(b) and if so, please give particulars of the consultations which have taken place in this regard with the employers' and workers' organizations and other appropriate bodies.

4. Articles 2 and 3. In addition to the constitutional and legislative provisions cited, the Committee notes from the report the statement that all people have an equal opportunity to receive vocational education, employment and occupation. In this connection, the Committee refers to paragraphs 157 to 162 of its 1988 General Survey on equality in employment and occupation which underline the importance of adopting a national policy which states clearly that its purpose is to promote equality of opportunity and treatment by eliminating all distinctions, exclusions or preferences in law and in practice, on all of the grounds covered by the Convention, in all fields of employment and occupation. The declaration of a national policy also implies that programmes to implement its objectives should be, or should have been, set up and applied. It therefore appears that the policy should go beyond a citation of legal provisions. In the light of these indications, the Committee requests the Government to supply information on the positive measures being taken or contemplated in pursuance of this policy, including details on the steps taken for the effective elimination of discrimination on the grounds set forth in the Constitution and legislation and on the results achieved by such measures, with regard to all aspects of vocational training, access to employment and to particular occupations and terms and conditions of employment. Please supply copies of any reports, studies, statistics or other relevant documents which illustrate the changes that may have occurred. The Committee also requests the Government to indicate the measures taken to obtain the cooperation of employers' and workers' organizations and other appropriate bodies (such as women's organizations) and to describe the form of any such cooperation.

5. The Committee notes from the national report to the Fourth World Conference on Women (Beijing, September 1995), entitled "Women in Lithuania" that even though great progress has been made since 1989 in the revision and adoption of legislation based on the principle of gender equality, there remains a considerable gap between the legal situation and actual practice. According to that report, although women constitute 54 per cent of the total labour force, there is a high degree of occupational segregation according to traditional perceptions of gender roles, with women comprising the majority of workers in the lowest socio-economic job categories. In the context of calling for special measures to combat the feminization of poverty, the report suggests the need to provide women with favourable opportunities to compete equally in the labour market, but conceded that this could be hindered by the prevailing patriarchal attitudes. It is also suggested that the present situation could be facilitated by the establishment of a special institution to defend, promote and implement gender equality. The Committee requests the Government to provide information on any measures taken or contemplated to address the obstacles to gender equality outlined in the national report. It also asks the Government to indicate whether consideration has been given to strengthening the role and functions of the State Counsellor on Women's Issues or to creating other specialized machinery for the promotion of gender equality.

6. Article 4. Noting that the report makes no reference to the practical application of this Article, the Committee requests the Government to provide information in its next report on any legislative or administrative measures and on the national practice governing the employment and occupation of persons suspected of, or engaged in, activities prejudicial to the security of the State. Please also indicate whether, and if so what, special procedures govern the right of appeal of the persons concerned.

7. Article 5. The Committee requests the Government to furnish particulars on the jobs prohibited to women pursuant to section 64 of the Labour Protection Act and to provide details on the consultations carried out with the representative employers' and workers' organizations in this regard. Please state why the measures in question are considered necessary. The Committee requests the Government to provide information on the success of the measures to promote the employment of disabled people contained in the Act on the Social Integration of the Disabled. Please also furnish information on any special measures of protection or assistance introduced to meet the particular employment requirements of any other group of persons.

8. Points III and IV of the report form. The Committee requests the Government to provide information on any training given to the authorities responsible for ensuring the implementation of the relevant legislation, particularly with respect to the ways in which direct and indirect discrimination is manifested. Please also state in future reports whether courts of law or other tribunals have given decisions involving questions of principle relating to the application of the Convention.