Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Legislative developments. Equality between men and women. The Committee notes with interest that with a view to harmonizing its legislation with the Directive 2006/54/EC of the European Parliament and the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast), the Government has further improved its national legislative framework on equality between men and women. It notes in particular Law No. 39(I) of 2009 (Amendment) regarding Equal Treatment between Men and Women in Employment and Vocational Training, Law No. 40(I) of 2009 (Amendment) concerning Equal Treatment of Men and Women with respect to Social Security Professional Schemes, and Regulation No. 176/2009 concerning Independent Assistance to victims of Discrimination. The new legislation enhances the protection afforded to victims of discrimination, provides for out-of-court protection of victims of sex discrimination, independent aid for victims of discrimination by the Gender Equality Committee on Employment and Vocational Training and includes provisions regarding the shifting of the burden of proof to the respondent. The Committee asks the Government to provide information on the practical application of the legislative framework providing for equality of opportunity and treatment between men and women in employment and occupation, including judicial and administrative decisions, and complaints dealt with by the labour inspector services and the Equality Authority, as well as the conclusions reached.

Prohibited grounds of discrimination – Social origin. With respect to the prohibited ground of social origin, which is not covered by the equality legislation, the Committee notes the Government’s indication that protection against discrimination based on social origin is enshrined in the Constitution. The Government adds that the ground of social origin was not considered in the context of legislative developments because no complaints have been submitted to date to the competent authorities. Recalling that under the Convention, measures must be taken to address all the grounds listed in Article 1(1)(a), the Committee trusts that due consideration will be given to including in its equality legislation provisions specifically prohibiting discrimination on the ground of social origin, and requests the Government to provide information on any practical measures taken or envisaged to address any discrimination that may occur on the basis of social origin.

Sexual harassment. The Committee notes the Government’s confirmation that the equality legislation and code of practice cover both quid pro quo and hostile environment sexual harassment. It also notes the information on the sexual harassment claims handled by the Equality Authority, as well as its involvement in training activities in this area. The Ministry of Labour and Social Insurance has also undertaken particular action, including training of its labour inspectors, to combat sexual harassment. Please continue to provide information on the number and outcomes of sexual harassment cases dealt with by the competent authorities, as well as on practical measures taken to prevent and eliminate sexual harassment in the workplace, including through training and awareness raising.

Inherent job requirements. The Committee notes that no cases have been submitted regarding the practical application of section 4(2) of the Law on Equal Treatment of Men and Women in Employment and Vocational Training, as amended, excluding certain occupations (listed in a schedule to the Law) from the Law’s provisions concerning access to employment, vocational training and self-employment. With respect to paragraph 4 of the schedule, the Committee notes the Government’s explanation that the restriction on the ground of sex for a profession relating to the provision of personal services to elderly and disabled persons can be objectively justified. The Committee also notes the Government’s assurance that the Ministry of Labour and Social Insurance will give serious consideration to the Committee’s comments on this matter and will hold discussions with the social partners, including on whether there is a need to amend the legislation. With respect to paragraph 7 of the schedule (prohibition of women in underground work) the Committee notes the Government’s indication that, while the Equality Authority has pointed out that this provision should be repealed, for the national legislation to be amended, Cyprus first has to denounce the Underground Work (Women) Convention, 1935 (No. 45). The Committee refers the Government in this regard to its direct request of 2005 on Convention No. 45. The Committee asks the Government to continue to provide information regarding the outcome of the review by the Labour Advisory Board of the schedule relating to section 4(2) of the Law on Equal Treatment of Men and Women in Employment and Vocational Training, and in particular paragraph 4 of the schedule. Please also continue to provide information on the practical application of section 4(2) of the Law, including information on the facts and outcomes of any related cases dealt with by the competent authorities.

Promotion of gender equality in the labour market. The Committee recalls the low participation rate of women (54.3 per cent in 2006) in the labour market as compared to men (73.4 per cent in 2006), their concentration in certain occupational groups, and their low participation rate in initial training programmes offered by the Human Resources Development Authority (HRDA). The Committee notes from the most recent figures on the women’s participation rate in training programmes that the participation rate of women in training programmes offered by the HRDA is increasing (34 per cent in 2008), but that men continue to represent the majority of the participants. The Committee also notes the information on the implementation of the Flexible Forms of Employment Project and on the number of women that have benefited from the schemes for the promotion of training and employability of economically inactive women and the unemployed during the period 2007–08. Similar schemes will be implemented during the programming period 2007–13. The Committee further notes that the HRDA is in the process of redesigning a comprehensive system aimed at evaluating its impact in the economy. The Committee asks the Government to provide the following:

(i)    information on the progress made in the design of the new evaluation system of HRDA and on the manner in which it will assess the effectiveness and impact of training programmes offered in promoting equal opportunities between men and women in employment and occupation;

(ii)   information on the specific measures taken to ensure that women have access to employment in a wider range of occupational groups and posts of responsibility, including through affirmative action measures; and

(iii)  comprehensive and up-to-date statistical information on the position of men and women in the labour market.

Equality of opportunity and treatment irrespective of race, colour or national extraction. The Committee notes the Government’s statement that statistical information regarding ethnic groups in employment cannot be provided, since existing statistics only cover employment of Cypriots, EU nationals and others. The Committee further notes the concluding observations of the United Nations Committee on Economic, Social and Cultural Rights (CESCR) experiencing concern at “the persisting de facto discrimination against third country migrants, Turkish Cypriots and members of national minorities, especially Roma and Pontian Greeks” (E/C.12/CYP/CO/5, 12 June 2009, paragraph 10). The Committee also notes that between 1 August 2007 and 31 July 2009, the Equality Authority addressed a few cases related to discrimination based on the ground of language, nationality or ethnic origin (18 out of 151), and that no cases relating to discrimination based on race, national extraction or colour have been submitted to the Supreme Court. The Committee asks the Government to take more proactive measures to analyse the situation of the different groups in the labour market, in particular third-country migrants, Turkish Cypriots and members of national minorities, especially Roma and Pontian Greeks, with a view to eliminating any discrimination against them on the grounds of race, national extraction and colour. It also requests the Government to provide information on any action taken, in cooperation with the social partners and the Equality Authority, to improve knowledge and awareness among ethnic and national minorities about the anti-discrimination and equality legislation, existing mechanisms and procedures for complaints, and assistance to victims of discrimination. The Committee reiterates its requests to the Government to supply information on the specific measures taken to promote equality of opportunity and treatment in employment and occupation of ethnic groups that are disadvantaged in the labour market.

Judicial and administrative decisions. Please continue to provide information on any cases involving discrimination in employment and occupation dealt with by the courts or the labour inspectorate, including cases applying section 5(3)(b) of the Laws of 2002 to 2009 on Equal Treatment in Employment and Occupation (differences in treatment with respect to measures which are necessary for the security, maintenance of public order, prevention of criminal offences, protection of health and the rights and freedoms of others). With regard to such cases, please indicate the facts, rulings and remedies provided or penalties imposed.