Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Cyprus (Ratification: 1968)

Other comments on C111

Observation

Direct Request

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Article 1(1)(a) of the Convention. Prohibited grounds of discrimination. Social origin. For a number of years, the Committee has been noting that the ground of social origin is not included as a ground of discrimination in the equality legislation. The Committee notes the Government’s reiteration that protection against discrimination on grounds of social origin is guaranteed by section 28(2) of the Constitution. The Government further adds that instances of discrimination on the basis of social origin have never been reported, but that if a case was brought forward it would be dealt with accordingly by the competent court of law. The Committee recalls, however, that such general constitutional provisions, while important, have generally not proven to be sufficient to address specific cases of discrimination in employment and occupation. The Committee also recalls that the absence of complaints is not an indicator of the absence of discrimination in practice, but is likely to indicate the lack of an appropriate legal framework, the lack of awareness of rights and the lack of confidence in, or absence of, practical access to procedures (see General Survey on the fundamental Conventions, 2012, paragraphs 850 and 870). The Committee requests the Government to take steps to include in its equality legislation provisions specifically prohibiting discrimination in employment and occupation on the grounds of social origin, and requests the Government to provide information on any practical measures taken or envisaged to prevent and address discrimination on the basis of social origin.

Sexual harassment. The Committee previously requested the Government to provide information on the practical measures taken to prevent and eliminate sexual harassment in the workplace, in particular against domestic workers, and on any measures taken or envisaged to ensure effective protection of workers seeking judicial and administrative remedies. In response, the Government indicates that there are a number of informative leaflets available on the Ministry of Labour’s website in both English and Greek and that the District Labour Offices of each city have equality inspectors who can guide and inform complainants of their rights. However, the Government report did not include information on the actions taken by the Gender Equality Committee to promote awareness of sexual harassment. Further, the Committee notes that between 2010 and 2013, the Department of Labour’s Equality Inspectors received a total of 64 complaints concerning sexual harassment, but that the majority of these cases lacked evidence and could therefore not be pursued. In addition, in its concluding observations of 2013, the Committee on the Elimination of All Forms of Racial Discrimination (CERD) noted with concern that domestic workers remain vulnerable to abuse and exploitation primarily due to the practice of linking work and residence permits to one employer and the exemption of their workplaces from the oversight of the inspectorate mechanism (CERD/C/CYP/CO/17-22, paragraph 21). The Committee requests the Government to provide information on any measures taken or envisaged to address cases of sexual harassment at work, including against domestic workers, as these workers are particularly vulnerable to such harassment, and to take measures to ensure the effective protection of workers seeking judicial or administrative remedies. The Committee requests the Government to provide detailed information on the manner in which sexual harassment cases are dealt with, as well as the sanctions imposed and remedies provided. Please also continue to provide information on the number and outcome of sexual harassment cases dealt with by Department of Labour equality inspectors, or the courts, as well as on the practical measures taken to prevent and eliminate sexual harassment in the workplace, including through training and awareness raising.

Promotion of gender equality in the labour market. The Committee notes the Government’s information concerning the impact of Human Resources Development Authority (HRDA) programmes: 61 per cent of participants in the training programmes were women and 44.2 per cent of women participants found employment after participating in the HRDA training programmes. However, the Committee notes, from the European Commission’s publication “The current situation of gender equality in Cyprus – Country Profile” (2013), that the vertical and horizontal gender segregation in employment in the country remains important. Indeed, women remain under-represented in managerial roles (in 2012, women represented only 8 per cent of corporate boards and 14 per cent of the management positions in large companies and small and medium-sized enterprises) and are concentrated in the wholesale, household work and education sectors. The Committee requests the Government to continue providing information on the results of assessments of the programmes carried out by the HRDA. Please provide information on the specific measures taken to ensure that women have access to employment in a wider range of occupational groups and to posts of responsibility, including through affirmative action measures. Please also provide comprehensive and up-to-date statistical information, disaggregated by sex, on the labour market participation of men and women (by occupational sector and level of earnings) in the public and private sectors.

Equality of opportunity and treatment irrespective of race, colour or national extraction. The Committee notes the Government’s indication that informative leaflets explaining the equal treatment legislation are made available in all District and Regional Labour Offices and that equality inspectors are available at these locations to provide advice on equality issues. The Committee fears these measures are not, by themselves, sufficient to ensure protection against discrimination based on race, colour or national extraction. Indeed, in its concluding observations, the CERD noted that “acts of racial discrimination are underreported” and regretted the lack of information and statistics on cases related to racial discrimination (CERD/C/CYP/CO/17-22, paragraph 11). The CERD further noted with concern that the Roma community continues to experience discrimination in access to education, employment and living conditions, and that measures to improve the situation of the Roma have not been as effective as expected (paragraph 16). The Committee asks the Government to undertake activities to improve knowledge and awareness among ethnic and national minorities, including the Roma people, about the anti-discrimination and equality legislation, specifically with regard to equality irrespective of race, colour or national extraction, as well as existing mechanisms and procedures for complaints; please provide information in this regard. The Committee also encourages the Government to undertake studies or research to analyse the situation of the different groups in the labour market, in particular third-country nationals, 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.

Inherent job requirements. The Committee recalls that the schedule to section 4(2) of the Law on Equal Treatment of Men and Women in Employment and Vocational Training of 2002 excludes certain occupations from its provisions on access to employment, vocational training and self-employment, such as artistic activities, personal services or prison wardens. The Committee further recalls that the Law provides for a re-examination of this list of exclusions at least every five years to determine whether, in the light of social developments, they remain justified. The Committee notes, however, that despite its numerous requests, the Government has not provided any information regarding the review by the Labour Advisory Board of this list. In this regard, the Committee recalls that systematic application of requirements involving one or more of the grounds of discrimination set out in the Convention is inadmissible and that careful examination of each individual case is required. Even distinctions for jobs in the performing arts or those involving physical intimacy must be determined on an objective basis and take account of individual capacities (see General Survey on the fundamental Conventions, 2012, paragraphs 827–831). The Government is therefore requested to provide information on the outcome of the review by the Labour Advisory Board of the schedule 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 provide information on the occupations which are now excluded from the general prohibition of discrimination and the reasons for their exclusion. Noting that no cases have been submitted to the national courts regarding the application of these exclusions, the Committee requests the Government to include information on the facts and outcomes of any related case recently dealt with by the competent authorities.

Judicial and administrative decisions. The Committee recalls that from June 2009 to May 2011, only 14 out of 103 gender-related complaints submitted to the Equality Authority were found to be admissible and that no explanation was provided for the relatively low rate of admissibility. It also notes that the Equal Treatment of Men and Women in Employment and Vocational Training (Amendment) Law (No. 70(I)/2011) provides for the reversal of the burden of proof in cases that appear before the Ombudsman once a prima facie case is established. The Committee once again requests the Government to indicate the reasons for the relatively low admissibility rate of the complaints submitted to the Equality Authority. Referring to its previous comments, the Committee again requests the Government to provide information on the practical application of the various laws and regulations on equality, including the number of complaints and details of judicial and administrative decisions since 2011. Please also provide a copy of the Equal Treatment of Men and Women in Employment and Vocational Training (Amendment) Law No. 150(I)/2014 to which the Government referred, but which was not attached to its report.