Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee takes note of the information provided by the Government in its report.

1. In its previous comments, the Committee noted that the provisions of the National Constitution (article 61) and the Labour Code (section 18(3)), which prohibit discrimination, do not include "political opinion" among the grounds listed. The Committee notes from the information given by the Government that work on the revision of the Constitution is under way and includes the question of the prohibition of discrimination on grounds of political opinion.

The Committee refers to paragraph 58 of its 1988 General Survey on Equality in Employment and Occupation, and recalls that where provisions are adopted to give effect to the principle contained in the Convention, they should include all the grounds of discrimination listed in Article 1, paragraph 1(a), of the Convention. The Committee hopes that the new texts to be adopted will cover all these grounds, namely race, colour, sex, religion, political opinion, national extraction and social origin.

2. In its previous request, the Committee noted that by virtue of section 7 of Decree No. 3/1982 respecting vocational guidance, the Young Communist League, the Union of Pioneers of Hungary, the Patriotic Front and the local representatives of trade unions, must be associated with vocational guidance activities, and asked the Government to indicate the manner in which effect is given to this provision in practice and to clarify the role played by these organisations.

The Committee notes the Government's statement that the above-mentioned organisations have no function in maintaining offices of vocational guidance; experts on vocational guidance are connected with the working groups of school parents through the Patriotic Front, while the other three organisations contribute to vocational guidance through various programmes (of visits and information). The Committee notes that by virtue of section 5(e) of Decree No. 3/1982, the main purpose of the vocational guidance in which the above organisations participate is to carry out assessments in connection with choice of careers or with intentions regarding the choice of a career and to make use of their results. The Committee requests the Government to provide information on the role of the Patriotic Front and the other above-mentioned organisations in these assessments and on the factors taken into account in this respect.

3. In its previous comments, the Committee referred to section 4 of Decree No. 10/1983 on extension training for manual workers, to section 2 of Decree No. 11/1983 on extension training for skilled workers and to sections 2 and 3 of Decree No. 12/1983 providing for political instruction courses, particularly on Marxism-Leninism, to be included in training programmes.

According to the Government's report, a draft Decree respecting training of skilled workers, health training and the training of typists and stenographers is being prepared and will repeal Decrees Nos. 11/1983 and 12/1983. The Committeee asks the Government to provide a copy of this Decree as soon as it is adopted and to indicate the amendments or other measures adopted to ensure that the provisions of Decree No. 10/1983 cannot make the obtaining of occupational qualifications subject to conditions related to political or ideological knowledge, except in the specific cases covered by Article 1, paragraph 2, of the Convention (conditions based on the inherent requirements of a particular job).

4. The Committee asks the Government to supply information on the present national policy to promote equality of opportunity and treatment in employment and occupation.

5. In its previous request, the Committee noted that for some years the Government's reports had not contained information on the measures taken within the framework of a national policy to promote effective equality of opportunity and treatment in the fields covered by the Convention, particularly with regard to access to training, access to jobs and to various occupations, and conditions of employment. It requested the Government to provide full information on the various points set out in the report form.

The Committee notes the employment statistics referred to by the Government, communicated with the report on Convention No. 122. However, these statistics do not appear to be broken down by category (e.g. women, ethnic groups) and by job category in the various sectors of employment. The Committee asks the Government to provide such information, as well as additional information on the points mentioned in its previous direct request.

6. The Committee takes note of the information supplied by the Government to the Committee on the Elimination of Racial Discrimination (document CERD/C/172/Add.7 of 1988) regarding programmes in favour of gypsies. It requests the Government to provide information on the measures adopted for this group with respect to employment and occupation.

7. The Committee also notes the information transmitted by the Government to the Committee on the Elimination of Discrimination against Women (UN document CEDAW/C/13/Add.1 of 1986) indicating that there are political, legal, social, economic, financial, health and cultural measures which ensure that women in both urban and rural areas enjoy equality with men. It requests the Government to provide information on the results of these measures.