Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Portugal (Ratification: 1959)

Other comments on C111

Observation

Direct Request

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The Committee notes the observations of the General Union of Workers (UGT) dated 6 September 2010. The Committee further notes the observations of the Portuguese Tourism Confederation received on 22 September 2010 according to which no discrimination has been observed in the sector.

Legislative developments. The Committee notes the adoption of Act No. 7/2009 revising the Labour Code; Legislative Decree No. 295/2009 that modifies the Code on Labour Procedure as well as Act No. 3-A/2010, approving the main lines of the 2010–13 plan.

Article 1 of the Convention. Discrimination on the grounds of race, colour, national extraction or social origin. The Committee recalls that in its previous comments it took note of the adoption of Legislative Decree No. 42 of 10 March 2008 according to which the exercise of itinerant trade was subject to a “trader card”. On that occasion, the Committee requested the Government to provide information on its practical application, including the percentage of trader cards issued to Roma people, as well as on the measures taken to foster Roma’s access to employment and the impact of such measures. In this respect, the Committee notes that Ordinance No. 378/2008 that regulates the implementation of the Legislative Decree does not allow for the determination of the origin or the ethnicity of the “trade card” applicant. The Government further indicates that measures have been taken to improve the situation of excluded groups with respect to their integration, their education and social protection, which also benefited Roma people. Moreover, the High Commissioner for Immigration and Intercultural Dialogue (ACIDI) has adopted a series of measures including the establishment of a Roma Community Support Cabinet that fosters social integration of these peoples. It has also established, together with the Social Security Institute, a pilot project of municipal Roma mediators. An education project for children and young persons from 6 to 24 years from excluded and vulnerable groups, also addressed to Roma children, has also been launched. The Government recognises the importance of adopting additional measures to improve the situation of these peoples and indicates that the 2008–10 National Plan for Inclusion provides for a monitoring system to evaluate the level of integration of Roma people, mainly with respect to education, housing and employment. Moreover, the Commission for Equality against Racial Discrimination (CICDR) registered 15 complaints in 2008 and 19 in 2009. Measures to increase awareness with respect to remedies available for victims of discrimination include mainly the possibility to file electronic complaints before the CICDR and the establishment of a victim support unit for immigrants and other persons victim of racial or ethnic discrimination. The Committee also notes the project carried out under the auspices of the European initiative EQUAL, “Gypsy women becoming autonomous”. The Committee notes, however, that the Advisory Committee on the Framework Convention for the Protection of National Minorities (ACFC) has observed that “Roma frequently face discrimination in access to employment, as well as on the housing market, which limits their opportunities to participate effectively in socio-economic life. Moreover, they seem to have limited access to support for self-employment and the setting up of small businesses, which could constitute alternatives to itinerant trade”. The Advisory Committee has also expressed its concern with respect to “persistent shortcomings with regard to remedies in cases of racial discrimination” (see ACFC/OP/II(2009)003, paragraphs 25 NS 36).

In this regard, the Committee has considered that proactive measures to analyse and address the situation of different groups in the labour market, in cooperation with workers’ and employers’ organizations, and to improve knowledge and awareness among ethic and national minorities about anti-discrimination and equality legislation and enforcement mechanisms and procedures are needed. Policies aimed at combating discrimination against Roma cannot be effective without measures to address stereotypes and prejudices regarding the capabilities and preferences of the Roma and to promote respect and tolerance between all sections of the population, which should be implemented without delay. Regular monitoring of results secured and progress made is essential. The Committee therefore requests the Government to continue to take concrete measures in order to foster the integration of Roma people, particularly with respect to access to employment and education and to provide information thereon, including statistical information concerning their situation in the labour market. It further requests the Government to provide information on the impact of the measures already taken and the results of the monitoring of the level of integration of Roma people undertaken in the framework of the 2008–10 National Plan for Inclusion. It also requests the Government to take measures to improve the effectiveness and accessibility of procedures and remedies against racial discrimination and to continue providing information on the cases brought before the CICDR and their outcome.

Sexual harassment. The Committee notes with interest that article 29 of Act No. 7/2009 that revises the Labour Code prohibits sexual harassment both in the case of quid pro quo and hostile environment. The Committee also notes the Government’s indication that awareness raising activities concerning sexual harassment were carried out by the Ministry of Environment and Territorial Planning. The Government further indicates that the guides for the preparation of the equality plans provide for the due respect of the integrity of both men and women. However, the Committee notes from the Government’s report that in the framework of the 2009 National Equality Plan several entities, both public and private, received assistance from the Government but none of them proposed to carry out an activity aimed at disseminating information on sexual harassment prevention at the workplace. The Committee considers that this might be an indication of the lack of awareness of the public concerning this issue. The Committee further notes the low number of complaints of sexual harassment filed before the Commission for Equality in Labour and Employment (CITE) (two in 2006 and none in 2007 and 2008). Therefore, the Committee requests the Government to take concrete measures to foster awareness among employers and workers and their organizations with respect to the importance of preventing and combating sexual harassment, including information on the procedures and remedies available to victims. The Committee also requests the Government to continue to provide information on any judicial or administrative decisions relating to sexual harassment in employment and occupation as well as on any relevant activities carried out by the labour inspection services.

Article 2. Equality of opportunity and treatment between men and women. The Committee recalls that in its previous comments it took note of the persistent vertical and horizontal occupational sex segregation in the labour market, the gender pay differentials and the inequitable distribution of family responsibilities between men and women acknowledged in the Third National Citizenship and Gender Equality Plan (2007–10). In this respect, the Committee notes the observations from the UGT according to which the number of complaints filed before the CITE increased from 36 in 2008 to 164 in 2009. These complaints refer mainly to non respect of parental leave, particularly leave granted to pregnant or breastfeeding women as well, as to the lack conciliation between professional and family life. The Committee notes that in its last report the Government refers to the evaluation carried out with respect to the Third National Citizenship and Gender Equality Plan (2007–10), according to which, the measures undertaken for the promotion of equality of treatment and opportunities between men and women are well oriented but they would increase their efficiency if they were binding. Concerning the implementation of the National Strategic Reference Framework, the Government indicates that its objectives are as follows: (1) the implementation of equality plans in public and private institutions (30 enterprises have received assistance in 2009); (2) financial and technical support for non-governmental organizations that address gender equality (649 activities of information, sensitization and promotion developed in 2009 covering 50,000 men and 67,000 women); (3) training projects for designated groups (for example: training of trainers, among other subjects, covering 1,369 persons); and (4) support and promotion of enterprises and associations created by women. The Committee further notes that Act No. 7/2009 provides for the possibility that a judge may declare null a collective agreement that is contrary to the principle of equality and non discrimination; it also provides for the prohibition to dismiss pregnant or breastfeeding women as well as workers as well as availing of parental leave without the authorization of the competent authority on equality. With respect to the latter, the recently revised Code on Labour Procedure provides for urgent remedies. With respect to the evaluation of the Second National Equality Plan, the Government indicates that the great majority of the activities carried out in the framework of this Plan concern reconciliation between professional and family life. Indeed, 163 activities were consecrated to “work, employment as well as maternity and paternity protection” and 53 activities specifically dedicated to reconciliation between professional and family life. These activities consist mainly of training, legal assistance, publicity and brochures. The Committee further notes the projects developed under the auspices of the European initiative EQUAL such as “Social dialogue and equality in enterprises”, “Different public, equal opportunities”, “Home work”, “Training for equality” and “Citizenship equality” referred to by the Government in its report. While noting the important steps taken by the Government to foster gender equality, the Committee recalls the importance of adopting efficient measures to address both vertical and horizontal occupational sex segregation in the labour market. In this regard, the Committee highlights the importance of taking measures to facilitate the reconciliation of work and family responsibilities as well as the importance of fostering the sharing of family responsibilities between men and women as a useful means in the reduction of occupational segregation. The Committee therefore requests the Government to continue providing information on the policies and measures adopted for the promotion of gender equality including specific information on steps taken to promote women’s access to a wider range of jobs and at a higher level and the impact of such measures.

The Committee notes the Government’s indication that three public enterprises have undergone a process of equality evaluation with the assistance of the CITE and as a result of this process, enterprises generally are aware of their current situation concerning equality and can envisage new corrective measures and the consolidation of good practices. The Committee asks the Government to continue to provide information on the number and the nature of equality plans adopted. Noting that no information has been provided in the Government’s report, the Committee reiterates its request for information on the Government’s initiative to evaluate collective agreements from a gender perspective and on the impact of this process on improving equality of opportunity and treatment between men and women through collective agreements.