Demande directe (CEACR) - adoptée 2015, publiée 105ème session CIT (2016)

Convention (n° 111) concernant la discrimination (emploi et profession), 1958 - Paraguay (Ratification: 1967)

Autre commentaire sur C111

Observation

Demande directe

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Article 1(1)(a) of the Convention. Grounds of discrimination. The Committee has been referring for several years to the omission of the criterion of national extraction from the prohibited grounds of discrimination set out in section 9 of the Labour Code. Although section 6 of the Labour Code provides that, in the absence of legal provisions or clauses of the employment contract applicable to controversial cases, they shall be resolved in accordance with the provisions of the applicable Conventions of the International Labour Organization, the Committee recalls that there is a need for comprehensive legislation containing explicit provisions defining and prohibiting direct and indirect discrimination on at least all of the grounds set out in the Convention, and in all aspects of employment and occupation, in order to ensure the full application of the Convention (see General Survey on the fundamental Conventions, 2012, paragraph 854). The Committee requests the Government to provide information on any complaints of discrimination received on the grounds of national extraction. The Committee further requests the Government to take the necessary measures for the inclusion, when it is next planned to amend the Labour Code, of national extraction as one of the prohibited grounds of discrimination envisaged in section 9 of the Labour Code.

Articles 2 and 3. National policy. Promotion of equality between women and men. The Committee takes note of Act No. 5115/13 of 2013, which divides the Ministry of Justice and Labour into two Ministries, one for Justice and the other for Labour and Social Security. The Committee notes that section 3 of the Act provides that one of the objectives of the new Ministry of Labour and Social Security is to plan, direct, coordinate, implement, supervise and evaluate national and sectoral policies relating to fundamental rights from a gender perspective. The Committee also notes the adoption of the Paraguay National Development Plan 2030, which provides for the promotion of social inclusion through the elimination of discrimination and the promotion of gender equality. The Government indicates in its report on the application of the Equal Remuneration Convention, 1951 (No. 100), that the Ministry for Women is responsible for gender policies, and particularly the IIIrd National Plan for Equality of Opportunity for Women and Men 2008–17. However, the Committee notes that the Government has not provided specific information on the implementation of the Plan, nor on the Decent Work Country Programme in relation to the application of the Convention. Recalling the importance of following up the implementation of plans and policies in terms of their results and effectiveness, the Committee requests the Government to provide specific information on the measures adopted in the context of the plans referred to above and on the evaluation carried out by the Ministry of Labour and Social Security and the Ministry for Women on their impact on the promotion of equality of opportunity for men and women in employment and occupation, and the difficulties encountered.

Sexual harassment. The Committee has been referring for several years to the need to adopt provisions on sexual harassment at work, as sexual harassment is only referred to in section 133 of the Penal Code, and the Labour Code only provides in section 84 for the possibility for workers to end the employment relationship in the case of violence by the employer. In this regard, the Committee notes the information provided by the Government on the preparation of the guide on sexual harassment and harassment at work in the public service, which refers to both quid pro quo and hostile working environment sexual harassment. The Committee notes that, in the context of the application of Convention No. 100, the Government has provided statistical data on the number of complaints of harassment at work made by men and women (four and ten respectively during the period 2013–14), but does not indicate the proportion of the complaints which relate specifically to sexual harassment. The Government has not provided information on the specific measures adopted in the private sector to prevent and address sexual harassment. The Committee recalls that the existing legal provisions are not sufficient to address sexual harassment at the workplace. Indeed, the Committee recalls that addressing sexual harassment only through criminal proceedings is not sufficient, due to the burden of proof and the fact that the full range of behaviour that constitutes sexual harassment in employment and occupation is not taken into account. Similarly, legislation under which the sole redress available to victims is the possibility of the termination of the employment relationship, as a form of compensation, this does not afford sufficient protection to victims, as it basically punishes victims and could dissuade them from seeking redress (see General Survey on the fundamental Conventions, 2012, paragraph 792). The Committee requests the Government to consider the possibility of adopting legislation specifically addressing sexual harassment at work (both quid pro quo and hostile working environment harassment), in the public and private sectors, containing a definition of the scope of the liability of employers, supervisors and co-workers and, where possible, clients or other persons connected with the performance of work. The Committee also requests the Government to continue providing information on the awareness-raising measures adopted in the public and private sectors.

HIV and AIDS. The Committee notes with interest the adoption of Act No. 3940 of 14 December 2009 which contains provisions prohibiting discrimination based on HIV and AIDS and pressure or compulsion to undergo HIV tests as a requirement for access to employment, promotion or retention in employment. The Committee requests the Government to provide information on the application in practice of this provision and, particularly, on the complaints lodged and prosecutions initiated for violations of these provisions.

Supervision and enforcement. The Committee requests the Government to continue providing statistical information on complaints of discrimination and the failure to give effect to the legislation respecting the application of the Convention, including complaints of discrimination on grounds of gender and sexual harassment.