Demande directe (CEACR) - adoptée 2006, publiée 96ème session CIT (2007)

1. Discrimination based on national extraction. The Committee notes that section 9 of the Labour Code enumerates the criteria for discrimination laid down in the Convention, with the exception of “national extraction”. It also notes that section 6 of the Labour Code provides that, in the event of a dispute, in the absence of applicable legal provisions or clauses of employment contracts, the dispute shall be resolved in accordance with, among other sources, the provisions of the Conventions of the International Labour Organization applicable in Paraguay, which could be interpreted as meaning that the above criterion for discrimination omitted from section 9 is covered in practice. The Committee requests the Government to confirm whether the criterion of national extraction is considered to be a prohibited ground for discrimination and to provide information on any complaints of discrimination based on that criterion.

2. Discrimination on the basis of sex. The Committee notes the “II National Plan for Equality of Opportunity between Women and Men, 2003-07”, attached to the Government’s report. It also notes that the Government indicates as follows: in 2001 women represented 38.7 per cent of the economically active population; the unemployment rate of women (17.9 per cent) is almost double that of men (9.5 per cent); there are marked differences between the income levels of men and women and there is a low percentage of women in decision-making positions in the public sector relative to men; in view of the increase in the number of women heads of households (25.3 per cent in 2001, rising to 27.6 per cent in 2003 in urban households), the precarious employment of women has resulted in these households being the most vulnerable to poverty. Illiteracy affects women more than men and, despite the fact that among women with more years of education the labour participation rate is above 80 per cent, this rising participation in the labour market does not ensure their well-being, as stereotypes, prejudices and forms of discrimination persist which are an obstacle to their development.

3. Article 2. The Committee notes that the National Plan referred to in the previous point is coordinated by the Women’s Secretariat of the Office of the President of the Republic, which has now built up a significant inter-institutional network for the mainstreaming of the gender perspective. In particular, it notes the initiative to compile statistics on employment and access to economic resources disaggregated by sex and to maintain an up to date databank on the comparative economic situation of women and men, as well as the indicators envisaged to monitor the achievement of the objectives established by the Plan. The Committee requests the Government to provide information on the results and impact in practice of the implementation of the National Plan referred to above, and to provide the statistical data obtained during the process relating to the application of the principle set out in the Convention. It also requests the Government to continue providing information on the measures adopted or envisaged to prevent the horizontal and vertical segregation of women in employment and occupation, including providing access to greater education and skills opportunities to gain access to better paid jobs.

4. Article 3(a). From the information provided by the Government in its report on the Equal Remuneration Convention, 1951 (No. 100), the Committee notes the dissemination and awareness-raising activities undertaken by the National Tripartite Commission to Examine and Promote the Labour Participation of Women (CTIO). The Committee notes that copies of the evaluation and monitoring schedule for the CTIO Plan of Action for the years 2002-04 and the Plan of Action 2005-06 were not attached to the report. The Committee trusts that the Government will provide information in its next report on any other activities carried out by the CTIO to contribute to reducing discrimination against women in labour matters.

5. Inspection, monitoring and complaints. The Committee notes the Government’s indication that the measures of recourse available to victims of labour discrimination consist of complaints to the Labour Administration Authority and the ordinary courts, and that compliance with labour legislation is enforced by the Inspection and Monitoring Service. Moreover, from the information provided by the Government in its report on Convention No. 100, the Committee notes the existence of complaints procedures at the level of the Secretariat of Labour for discrimination and failure to comply with the labour legislation protecting women workers, and that a plan is being formulated to improve the current complaints system. The Committee requests the Government to provide information on the complaints system referred to above, its application, results and supervision, as well as the envisaged plan to improve the system.

6. Sexual harassment. The Committee requests the Government to provide information on the legislation and any other measures adopted in relation to sexual harassment, to which the Committee referred in its general observation of 2002.