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

1. Article 1 of the Convention. Inherent requirements of the job. The Committee notes the Government’s response to its previous direct request indicating that the provisions of the Act Implementing the Principle of Equal Treatment allowing “objectively and reasonably justified treatment or restrictions” or a provision, criterion or practice that is “objectively justified by a legitimate aim …”, are to be interpreted strictly, and in conformity with the Convention. The Committee requests the Government to keep it informed of any court decisions dealing with the interpretation of the relevant provisions of the Act Implementing the Principle of Equal Treatment.

2. Article 2. National equality policy. With respect to its previous comment regarding the low level of reported cases of discrimination and the need for awareness raising, the Committee notes the information provided by the Government regarding the activities that have taken place in this regard. In particular, the Government points to a round table undertaken within the scope of the European Union campaign “For Diversity: Against Discrimination”, as well as the dissemination of information brochures on sexual harassment at the workplace, and regarding non-discrimination and the Advocate of the Principle of Equality. The Committee notes with interest the extensive awareness-raising initiative regarding discriminatory advertisements for employment, which has had a significant measurable impact, with violations in this area decreasing from 74 per cent of advertisements to 27 per cent. The Committee requests the Government to continue providing information on awareness-raising activities and the results thereof.

3. Equal opportunities between women and men. The Committee notes from the Government’s report on the application of the Equal Remuneration Convention, 1951 (No. 100), that the Office for Equal Opportunities considers that differences in wages by sex and level of qualification result primarily from horizontal segregation, since women are often employed in sectors with lower wages, while men are concentrated in the sectors characterized by higher wages. The Office for Equal Opportunities also points to vertical segregation, since men with the same level of professional qualifications as women often hold higher level, and thus higher paid, jobs than women. The Committee also notes that a specific goal enumerated in the Periodical Plan for the Implementation of the National Programme (2006-2007) is to reduce vertical and horizontal segregation through monitoring the accessibility to educational areas where girls or boys are in the minority. The Committee requests the Government to provide information on the specific measures taken or envisaged to reduce vertical and horizontal occupational segregation and the results achieved.

4. Representation of women in public decision-making. The Committee notes the adoption of the Act Amending the Local Elections Act, and the Act Amending the National Assembly Elections Act. According to the Government’s report, the former requires candidate lists to have at least 40 per cent of each sex, and both women and men must be represented in the upper half of the list. The Act Amending the National Assembly Elections Act, adopted in July 2006, has similar requirements. The Government also indicates the provisions of the Decree on criteria for respecting balanced representation of women and men, to which the Committee referred in its previous direct request. This Decree, which has been in force since September 2004, provides for balanced representation in the composition of a wide range of bodies under the control of the State. The Government indicates, however, that the Decree provides for exceptions to the minimum representation of 40 per cent of each sex for justified objective reasons, and such exceptions are often provided to the benefit of men in the areas of finance, business, transport and defence, and for the benefit of women in areas related to family, social affairs and education. The Committee notes that the exceptions to the minimum representation provided under the Decree appear to be granted in a manner that reinforces stereotypes regarding which sectors are most appropriate for men or women. The Committee requests the Government to provide information on the practical application of the Act Amending the Local Elections Act, and the Act Amending the National Assembly Elections Act and their impact on increasing the proportion of women in public decision-making. The Committee also again requests information on the results achieved pursuant to the Decree on criteria for respecting balanced representation of women and men, and on any measures taken or envisaged to ensure that the exception provision is used restrictively, and not in a manner that reinforces stereotyped views of the sectors appropriate for women or men.

5. Parts III and IV of the report form. The Committee notes from the Government’s report the interaction between the Advocate of the Principle of Equality and the competent inspection service regarding complaints of discrimination. The Committee notes that again there have been no court decisions involving questions relevant to the Convention, though some violations of the relevant provisions of the Employment Relations Act were identified by the labour inspectorate (from January 2004 to December 2005). The Government indicates that while few violations are reported by workers, inspectors are contacted anonymously by telephone for advice due to alleged discriminatory treatment. The Committee notes that this was particularly evident with respect to sexual harassment, where only one violation was identified, as the women who contacted the inspectors did not want to file an official report since those purported to have harassed them were usually their superiors. The Government reports that, according to the labour inspectors, the prohibition of discrimination is difficult to monitor and it is difficult to identify violations since the victim needs to be willing to report the violation and witnesses need to come forward, which they are afraid to do since it may expose them to further action by the employer. The Committee also notes that, under the Periodic Plan for the Implementation of the National Programme (2006-2007), the labour inspectorate is to increase the attention given to the implementation of the Employment Act with respect to equal treatment and equal opportunities for women and men, and to report thereon. The Committee requests the Government to continue to provide information on any court decisions relevant to the implementation of the Convention, as well as any complaints reported to the labour inspectors and the outcome of such cases and complaints. The Committee also looks forward to receiving information on the specific activities undertaken in the context of the Periodic Plan for the Implementation of the National Programme (2006-07), and in particular any impact on the work of the labour inspectors.