Solicitud directa (CEACR) - Adopción: 1995, Publicación: 83ª reunión CIT (1996)

The Committee notes the information contained in the Government's first report, and requests the Government to provide additional information on the following points.

1. Article 1, paragraph 1(b). The Committee notes that several grounds on which discrimination is prohibited are listed in addition to those explicitly covered by the Convention (language, property, descent, age and trade union activity). Please indicate whether these grounds should be considered to be covered by the Convention by virtue of this provision.

2. Article 1, paragraph 2. The Committee notes that article 35(2) of the Constitution allows for conditions and restrictions with regard to certain professions or activities to be imposed by law. The Committee recalls that such restrictions were imposed through Act No. 451/1991 of the Czech and Slovak Federated Republic (CSFR), referred to as the "Screening Act", which excludes a number of specified categories of people from a wide range of functions and occupations, mostly in public institutions, but also in the private sector. The persons liable to such exclusions are those who were holding certain specified positions or were affiliated with members, bodies or organizations of the former political system from 1948 to 1989. The Committee notes that this Act was taken over by Slovakia with the dissolution of the CSFR.

A committee set up under article 24 of the ILO Constitution in 1992 to examine Act No. 451/1991 as regards the CSFR was of the view that the exclusions established by the Act could be deemed inherent requirements of particular jobs - and therefore admissible under Article 1, paragraph 2 of the Convention - only in certain cases. It concluded that the Act constituted discrimination on the basis of political opinion, and recommended that the matter be referred to the Constitutional Court of the CSFR at the earliest date. That Court ruled on Act No. 451/1991 on 28 November 1992, ordering some amendments but not altering the substance of the Act.

The Committee requests the Government to provide information on the current status of Act No. 451/1991 in Slovakia and on any measures taken towards its repeal or amendment, and to provide copies of any other legislation or regulations allowing for conditions and restrictions under article 35(2) of the Constitution.

3. Article 2. In its report, the Government refers to a Programme Proclamation of the Government of Slovakia in January 1995 which provides for the enforcement of "principles" which are applied by all States based on the rule of law, inter alia, as regards protection from discrimination in employment and occupation. The Committee further notes that the Employment Act No. 1/1990 of the CSFR (amended by Act No. 450/1992 and now in force in Slovakia) states in its preamble that citizens are entitled to employment irrespective of their race, colour, sex, language, religion, political or other preferences, membership of political parties or allegiance to political movements, nationality, ethnic or social origin, property, health condition and age, and that according to section 3(2)(e) of the Act the relevant ministry in implementing state employment policy shall propose measures for the practical application of international Conventions in the field of employment to which the State is bound.

The Committee requests the Government to supply copies of the relevant parts of the Programme Proclamation, the most recent version of the Employment Act and any other legislation which relates to the proclamation of a policy on equality of opportunity in Slovakia. Further, it asks the Government to provide details of practical measures taken to promote the application of the Convention in the country's labour market policies.

4. The Committee notes with interest the establishment through Act No. 308/1993 of a National Centre for Human Rights. It asks the Government to provide a copy of the Act, and give details of the activities of the Centre where they relate to the promotion of equality of opportunity and treatment within the scope of the Convention.

5. The Committee requests the Government to provide detailed information (including statistics, where available) on the actual situation as regards access to vocational training and to employment and occupation of persons based on their race, colour, sex, religion, political opinion, national extraction or social origin.

6. Article 3(d). Please supply information on the policy designed to promote equality of opportunity and treatment in the public sector, including enterprises under national control.

7. Article 3(e). Please supply information on any measures taken to ensure that vocational training, vocational guidance and placement services take account of the principles of the Convention.

8. Discrimination on the basis of sex. Noting that section VII of the basic principles of the Labour Code provides for women to be guaranteed working conditions which enable them to take part in work "not only in consideration of their physiological capacities but especially in consideration of the role they play in society through motherhood, the upbringing of children and the care of them", the Committee asks the Government to provide details on any legislation or directives issued or envisaged to protect women from discrimination as regards hiring or promotion based on pregnancy, motherhood or "physiological capacity".

9. The Committee notes that the provisions in the Labour Code which create particular conditions for women workers include a prohibition from permitting a rest period of less than 11 hours for any woman, compared with a minimum of eight for men (section 90(2)); a prohibition from employing a pregnant woman or a woman taking care of a child under age one at any night-time or overtime work (section 156(3)); a prohibition from sending a pregnant woman or a woman taking care of a child under age one on work-related travel outside the locality of her workplace or residence and, until the child is eight, sending her on such travel without her consent or transfer her except at her request (the prohibitions related to night-time work, overtime work and travel apply to a man taking care of a child under age one only where he is single) (section 154(1) and (2)).

While appreciating that the above provisions are aimed at improving working conditions for women, the Committee asks the Government to indicate the effect of these measures on women's opportunities for hiring and promotion within professions where, for example, travel and overtime may be required. The Government may also wish to consider whether these provisions take sufficient account of the needs of families where the man has taken on family responsibilities or other child-care options are available. It asks the Government to inform it of any measures to ensure the regular review and revision of provisions of this nature in the light of the right of women to equality of opportunity and treatment in employment and occupation.

10. Discrimination on the basis of race, colour or national extraction. The Committee notes articles 33 and 34 of the Constitution which provide for the protection of certain rights of national minorities and ethnic groups in Slovakia. It would be grateful if the Government would explain the difference between these two terms. It requests the Government to provide details on any policies declared and pursued for the purpose of promoting equality of opportunity as regards occupational choice for national minorities and ethnic groups in Slovakia.