Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes with interest the information supplied by the Government in its report, in particular the statistics on the composition of the labour force by sex and the information provided on the efforts undertaken by the Government, by using, inter alia, the mass media and by the creation of the Research Centre for Equality Questions, to inform citizens on the institutional and legislative changes concerning sex equality, sensitize individuals on sex equality issues, promote the participation of women in all sectors of society and the protection against discrimination in general.

1. The Committee notes that the "OLYMPIAS" programme, which is the global plan of action on equality, has been launched in the Eastern Macedonian and Thrace regions with the aim of encouraging the participation of women in the development of these regions through concrete measures. The Committee requests the Government to provide information on the measures taken, their effect and to indicate whether it contemplates launching the programme in other regions as well. Noting that, according to information provided by the Government, the percentage of the representation of women in the public service has increased from 16.3 per cent in 1988 to 22.5 per cent in 1996 for directors of ministries and from 37.7 per cent to 38.4 per cent over the same period for section chiefs, the Committee requests the Government to continue to supply information on the career progression of women in the public service.

2. In general, the Committee notes from the statistics provided by the Government that the labour force is very much divided into traditional male and female sectors and that where changes have taken place in the composition of the labour force in a particular sector these appear to reinforce this division. The Committee requests the Government to provide information on any new trend in this respect, especially in the light of the fact that other statistics show that the educational attainment level has improved in favour of women, both in general and in non-traditional areas such as technical training.

3. The Committee notes the Government's explanation that the limitation, set out in Act No. 2226 of 13 December 1994, on the percentage of women admitted for training in the Police School (not to exceed 20 per cent) and admitted to the Armed Forces Officer's School (not to exceed 15 per cent), is based on the nature of the mission and the character of the Greek police and army, as well as on the conditions under which their duties are exercised. According to the Government, article 116(2) of the Constitution permits such derogations from the principle of equality contained in article 4(2) of the Constitution, if there are serious reasons laid down by law. In this connection, the Committee recalls that under Article 1, paragraph 2, of the Convention any distinction, exclusion or preference in respect of a particular job based on the inherent requirements thereof shall not be deemed to be discrimination. It also recalls the explanation of the inherent requirements set out in its Special Survey on equality in employment and occupation of 1996, where the Committee stated that in order to determine the real scope of this exception, the following two points should be examined: first, the concept of "a particular job" and, second, the definition of "inherent requirements" of a job. The concept of "a particular job" refers to a specific and definable job, function or task and the qualifications necessary to carry it out may be defined as those which are needed by the characteristics of that one job. A qualification may be brought to bear as an inherent requirement without coming into conflict with the principle of equality of opportunity and treatment, but in no circumstances may that qualification be required for an entire sector of activity. Systematic application of requirements involving one or more of the grounds of discrimination envisaged by Convention No. 111 is inadmissible; careful examination of each individual case is required. In addition, the Committee considered that, as regards equality between men and women, distinctions on the basis of sex may be required for certain jobs, but these distinctions should be determined on an objective basis and should take account of individual capacities. The Committee considers that setting general limitations does not allow for a careful examination of each case on the basis of individual capacities and, noting the Government's explanations and general rationale for the respective limitations, the Committee requests the Government to indicate on which considerations of service the specific numerical limitations of 20 and 15 per cent were made.

4. The Committee notes the judicial decisions provided concerning discrimination in employment. Since almost all decisions provided concern cases of alleged sex discrimination, the Committee requests the Government also to provide statistical data concerning the number of claims alleging discrimination on the other grounds covered by the Convention, together with copies of relevant judicial decisions, which throw light on the application of the national policy to promote equality in employment and occupation irrespective of, in particular, national extraction and religion.

5. Noting the information provided by the Government that the Acts of Necessity Nos. 1363/1938 and 1672/1939 safeguarded the provisions of articles 1 and 2 of the Greek Constitution then in force and concerned the functioning of minority churches, the Committee requests the Government to indicate the status of these Acts under the current Constitution. Also noting the information provided by the Government according to which the recruitment of theologians for teaching theology depends on their having qualified from the relevant section of the national superior studies establishment or having equivalent qualifications from an overseas orthodox training institution, the Committee requests the Government to clarify that belonging to the orthodox religion is not a requirement for teachers of secular subjects in schools and training colleges.