Observation (CEACR) - adoptée 2002, publiée 91ème session CIT (2003)

The Committee notes with interest the amendments made by Act No. 21 of 14 June 2002 to the Equal Status Act, No. 45 of 9 June 1978, inserting section 1(a) which sets out the obligation of authorities, employers, employers’ organizations and trade unions to actively promote gender equality at all levels of society. It notes that in their annual reports enterprises must include information on the actual measures taken and/or envisaged to promote gender equality. The Committee notes that section 3 prohibits direct and indirect discrimination and that direct discrimination is defined as treating men and women differently due to their gender and placing women in an unfavourable position due to pregnancy or childbirth, or treating men or women workers less favourably in cases where they avail themselves of the various types of leave granted to a specific gender. Indirect discrimination is defined as any action appearing to be neutral, but which in practice has the effect of treating one gender less favourably than the other gender. Section 3(a) of the Equal Status Act permits differential treatment to promote gender equality, as well as protective legislation for women in respect of pregnancy, childbirth and breastfeeding and section 8(a) of the Equal Status Act prohibits sexual harassment. It notes that employers are responsible for both preventing and putting an end to sexual harassment at the workplace. Finally, the Committee notes that under section 16 the burden of proof for direct or indirect gender discrimination is placed on the employer. Noting that the statutory measures strengthen the protection against sex discrimination, the Committee would be grateful if the Government would provide information in future on the application and enforcement of the Equal Status Act and its impact in practice on equality between men and women in employment and occupation.

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