Observación (CEACR) - Adopción: 2006, Publicación: 96ª reunión CIT (2007)

1. Discrimination on the ground of sex. Recalling its previous observation concerning the access of women to the police academies and to employment in the police force, the Committee thanks the Government for providing the text of Presidential Decree No. 90 of 2003. It notes that the Decree amends the requirements for admission to the police academies contained in Presidential Decree No. 4 of 1995. Section 2(1)(f) of Decree No. 4, as amended by Decree No. 90, reads as follows: “They (men and women) shall be at least 170 cm tall without shoes.” Further, Decree No. 90 introduces new athletic performance requirements that apply equally to men and women candidates. The Committee notes that the new admission requirements, particularly the height requirement, are likely to be more difficult for women to comply with than men, and thus may amount to indirect discrimination on the ground of sex, except if they could be justified under Article 1, paragraph 2, of the Convention which allows for certain distinctions, exclusions or preferences in respect of a particular job within the police force based on the inherent requirements thereof. The Committee, therefore, reiterates its previous request to the Government to provide information on the practical impact of the admission requirements established in Decree No. 90 of 2003 on the admission of women to the police academies and their employment in various jobs in the police force, including information on the number of women and men admitted to the police academies since the entry into force of Decree No. 90, as compared to the previous situation, when a specific limiting quota for women had been applied. The Committee further requests the Government to indicate whether the new admission requirements have been challenged in court and, if so, to indicate the results of such proceedings. With reference to its previous comments, the Committee also requests the Government to clarify whether the quota system concerning women’s admission to the fire brigade has been abolished and whether similar restrictions of women’s employment continue to exist in any other area of public employment.

2. Articles 2 and 3. Measures to promote and ensure gender equality in employment and occupation. In its previous comments the Committee was able to note a number of initiatives and programmes to promote women’s equal access to vocational training and employment and requested the Government to supply information on the effectiveness of these activities in addressing occupational segregation by gender. With respect to the application of the Convention in the public service, the Committee requested the Government to indicate the measures taken or envisaged to promote the access of women to higher graded jobs and to assist them in reconciling their work and family responsibilities, and to provide up to date statistical information on the participation of men and women in public service employment that would enable the Committee to assess the progress made in promoting women’s equal access to civil service employment at all grades. Noting that the Government’s report contains no reply to these comments, the Committee reiterates its request to the Government to provide the information requested. Recalling the obligation to report on the action taken in pursuance of the national policy to promote equality of opportunity and treatment and the results secured by such action (Article 3(f)), the Committee also hopes that the Government’s future report will contain full information on the measures taken to promote and ensure gender equality in employment and occupation, and the impact of such measures.

3. Discrimination based on other grounds. Legislative developments. The Committee notes with interest the adoption of Law No. 3304/2005 on the application of the principle of equal treatment regardless of racial or ethnic origin, religious or other beliefs, disability, age, or sexual orientation, which is intended to implement European Union Directives 2000/43/EC and 2000/78/EC. The new legislation, inter alia, requires private and public employers to respect the principle of equal treatment in employment and occupation. Under the legislation, the Ombudsperson is responsible for promoting the principle of equal treatment in public employment, including through the examination of complaints, while the Labour Inspectorate is responsible for dealing with violations in private sector employment. The Government’s report states that the Labour Inspectorate is mandated to inform workers of their rights, to undertake investigations on its own motion, and to examine complaints. Violations of the principles of equal treatment are an administrative offence (section 17 of Law No. 3304/2005) and subject to fines. Finally, the Committee notes the Government’s indication that the Labour Inspectorate must include a special chapter on equal treatment in its annual activity report. The Committee requests the Government to provide detailed information on the implementation and enforcement of Law No. 3304/2005. It particularly wishes to receive information on the activities carried out by the Ombudsperson and the Labour Inspectorate, including a copy of the equality sections of future annual labour inspection reports, as well as indications as to the number, nature and outcome of any complaints processed or investigations undertaken. The Committee also asks the Government to provide information on any cases regarding equality of opportunity and treatment in employment and occupation dealt with by the courts under the new legislation.

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