Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the information supplied by the Government in its report and the attachments thereto.

1.  Article 3.  With reference to its previous comments, the Committee notes the Government’s statement in its report that the main activities to promote and support the family as an institution are carried out by the National Institute for the Family and Women (INFM), which reports to the Ministry of Education and Culture. It notes that, although the INFM has a limited budget in comparison to the objectives it pursues, a new family promotion policy is to be applied as from 1 March 2000. The Committee asks the Government to indicate how the new policy incorporates the objective of enabling persons with family responsibilities who are engaged or wish to engage in employment to do so without being subject to discrimination and to the extent possible, without conflict between their employment and family responsibilities.

2.  Article 4, paragraphs (a) and (b).  Noting that, according to the Government, there have been changes with regard to the previous report, the Committee recalls that the Convention provides not only for the prohibition of direct or indirect discrimination but also for the adoption of measures to promote conditions in which workers with family responsibilities enjoy real and full equality with other workers. It reiterates that Article 4(a) of the Convention establishes a relationship between access to and integration in employment on the one hand and, on the other, the availability of services, resources and policies enabling workers with family responsibilities to overcome the problems inherent in their situation. Furthermore, Article 4(b) of the Convention requires the adoption of measures that take account of the needs of men and women workers with family responsibilities in terms and conditions of employment and in social security. The Government is asked to provide detailed information in its next report on all aspects of the legislation (with a copy of the relevant provisions) and practice which are related to this Article.

3.  Article 5.  Childcare facilities and services.  The Committee notes that although the institutional coverage for the care of infants is still limited and only some public kindergartens are open for up to eight hours (in poor areas), in the last few years access to pre-school public education has begun to be extended to children of 3 and 4 years of age as part of the education reform. Please indicate what percentage of all 3 year-old children attend public pre-school. The Committee also notes that some state bodies have childcare services and that the quantity and quality of childcare facilities has increased greatly in the private sector. Please state whether men and women who leave their children in the care of private institutions receive any kind of allowance or refund for the payment of such services.

4.  Article 5.  Services and facilities for other members of the family.  Noting the Government’s statement that the supplementary report on this point will be sent shortly, the Committee hopes that such a report will be provided in the near future.

5.  Article 6.  Noting that the Government has not replied to its previous comments on this point, the Committee recalls that Article 6 of the Convention requires the competent authorities and bodies in each country to take appropriate measures to promote information and education which engender broader public understanding of the principles set forth in the Convention. Please describe the measures taken to give effect to this Article.

6.  Article 8.  With reference to its previous comments, the Committee takes note of Decision No. 89 handed down by Labour Tribunal No. 8, Montevideo, 18 November 1993 (Revista de Derecho Laboral, tomo XXXVII, núm. 176, Montevideo, 1994). The Committee notes with interest that the above tribunal ruled that, by dismissing a working mother for having refused a change in working hours on grounds of family responsibility, the enterprise was in breach of the provisions of the Convention. The Committee would be grateful if the Government would continue to provide information in its future reports on any judicial or administrative ruling pertaining to the Convention.

7.  The Committee has not received the information it requested on the scope and application in practice of Act No. 16045 (sections 1, 2 and 2.H) in regard to the prohibition of discrimination against workers with family responsibilities. The Committee again requests that information. It also asks the Government in its reply to take account of the comments the Committee has made on the above text in its comments on Convention No. 111 concerning the procedure for complaints against discrimination at work filed under Act No. 16045.

8.  Article 11.  Noting that the Government’s report has been sent to the Tripartite Working Group and that the workers’ sector (PIT-CNT) considers that the Government’s reply to the questions put to it shows the inadequacy of the measures to "create effective equality of opportunity and treatment for workers with family responsibilities", the Committee urges the Government to continue its efforts to devise and apply measures to give effect to the Convention, with the participation of employers’ and workers’ organizations. Please provide information in this respect.