Demande directe (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

Article 1 of the Convention. Work and family responsibilities. The Committee notes with interest that the Gender Equality Act explicitly prohibits discrimination in relation to “balance between professional and private life” and that measures have been taken to promote the reconciliation of family responsibilities and work, such as awareness-raising campaigns of the advantages of sharing parental duties, and the development of pre-school institutions. The Committee requests the Government to provide information on the impact of such measures, as well as on any other measures taken to address the stereotypes on the roles and responsibilities of women and men in family and society.

Discrimination based on sex. Sexual harassment. The Committee notes that the Anti-Discrimination Act and the new Gender Equality Act of 2008 – like the Gender Equality Act of 2003 – both contain provisions prohibiting sexual harassment. It welcomes the fact that the new Acts provide for fines from 5,000 to 40,000 Croatian kuna (HK). The Committee notes that the Government’s report contains no information in reply to its request for information on further measures taken or envisaged to address sexual harassment at work in practice, including the possible issuance of a code of conduct, and any awareness-raising activities. The Committee therefore asks the Government once again to indicate whether such measures have been taken, or are envisaged, further to the adoption of the new legislation and to provide information regarding any cooperation with workers’ and employers’ organizations in this regard. It also requests the Government to provide information on the number of sexual harassment cases that have been handled by the Ombudsperson or the Office for Gender Equality, the sanctions imposed and remedies provided and on relevant judicial decisions issued.

Article 2. National policy to promote equality of opportunity and treatment in employment and occupation. The Committee reiterates its request for information on the status and the content of the draft National Strategy for the Suppression of all Forms of Discrimination in respect of employment and occupation, which was mentioned in the Government’s report of 2007.

Article 3(a). Cooperation with workers’ and employers’ organizations. The Committee notes that the Anti-Discrimination Act provides for consultation by the Ombudsperson with the social partners when preparing regular reports and issuing opinions and recommendations (section 15(1)). The Committee therefore requests the Government to provide information on any consultations held pursuant to the Anti-Discrimination Act and the issues addressed. Please also indicate any other cooperation with workers’ and employers’ organizations as regards discrimination in employment and occupation, including any training undertaken or envisaged among workers and employers and their organizations on the new anti-discrimination legislation.

Enforcement of anti-discrimination legislation. The Committee notes that, further to the adoption of the Anti-Discrimination Act, the Ombudsperson became the central anti-discrimination authority and the staff of the Office of the Ombudsperson had to undergo training in specialized seminars on discrimination issues. The Committee requests the Government:

(i)    to take the necessary measures to promote public awareness of the new anti-discrimination legislation and the procedures and mechanisms that can be invoked when discriminatory treatment occurs in employment and occupation;

(ii)   to indicate measures taken to assist victims of discrimination to bring discrimination cases; and

(iii)  to ensure that victims’ rights are protected once they have filed a complaint. The Committee further requests the Government to provide detailed information on the work of the Office of the Ombudsperson, in particular as regards the number, nature and outcome of the complaints received, including information on any mediations conducted and legal proceedings initiated.

The Committee also requests information on the action taken to address discrimination on all the prohibited grounds, including discrimination faced by the Roma community, including awareness-raising activities, surveys conducted and their results, opinions or recommendations issued, and their follow-up.

Enforcement. Labour inspection. The Committee understands, from the Government’s reply to its previous comments on the role of labour inspectors, that the State Inspectorate provides the Office for Gender Equality with data that are disaggregated by sex, on violations of labour legislation, such as illegal overtime and denial of the right to annual leave. The Committee wishes to point out that in its previous comments it referred to a possible role of labour inspectors in enforcing the anti-discrimination legislation, which includes detecting and addressing discrimination cases during their inspection visits, reporting them and imposing sanctions, as well as conducting awareness-raising activities and providing advice. The Committee requests the Government to clarify whether the labour inspectors conduct any monitoring and awareness-raising activities aimed at eliminating discrimination at work on any of the grounds prohibited by the national legislation, which would complement and reinforce the impact of the complaints-based mechanisms put in place by the Anti‑Discrimination Act and the Gender Equality Act.

Statistical information on cases of discrimination. The Committee notes that, according to section 14 of the Anti-Discrimination Act, judicial bodies shall keep records of court cases related to discrimination, and that the Ombudsperson, as well as the special Ombudspersons, shall collect data on discrimination cases within their competence. In addition, the Gender Equality Act provides that the Ombudsperson for Gender Equality shall collect statistical data on cases of sexual discrimination based on sex (section 19(2)(5)). The Committee requests the Government to provide recent statistical data on cases of discrimination with respect to all the grounds prohibited by the anti-discrimination legislation, handled by the above specialized bodies and the judicial authorities.