Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the Government’s report and the communication concerning the application of the Convention submitted by the International Confederation of Free Trade Unions (ICFTU) on 16 November 2001 alleging the existence, in practice, of discrimination in employment and occupation on the basis of sex and race.

1. Discrimination on the basis of race or national extraction. In its comments, the ICFTU states that unemployment is significantly higher among the Roma than among other groups of the population and that the problems concerning their integration into wider society starts at a very young age, with many Roma children attending special schools for mentally retarded children due to their different language background. The Government states that problems of integrating Roma into the labour market stem from the low level of education of some groups of Roma and that the Ministry of Education had developed the programme "Conception of Upbringing and Education of Roma Children and Pupils" with the aim of eliminating educational gaps between Roma and other children. The Committee, with some concern, understands from the Government’s report that the Government appears to perceive the current serious employment situation of the Roma merely as a consequence of their generally low level of education. In this respect, the Committee recalls that the UN Committee on the Elimination of All Forms of Racial Discrimination (CERD) had in fact expressed concern regarding discrimination against members of the Roma community, including with regard to opportunities for recruitment and employment (CERD/C/304/Add.110) and that the European Commission against Racism and Intolerance (ECRI) was of the opinion that discrimination - both in the labour market and in other areas of life such as education - played a large part in the disadvantaged position of Roma in the labour market (CRI (2000) 25, paragraph 33). The Committee therefore requests the Government to provide in its next report full information on the measures taken with respect to improving the situation of Roma and their communities, including as regards education and training, access to skill development, vocational guidance, placement services and jobs as well as activities directed to labour market institutions and society at large to promote respect, tolerance and understanding between the Roma communities and the other parts of the population.

2. Discrimination on the basis of sex. In its comments, the ICFTU draws attention to the findings of the UN Committee on the Elimination of Discrimination Against Women (CEDAW) regarding the overemphasis on legislative protection and cultural promotion of traditional roles of women, as well as the highly segregated labour market. The Committee notes from the Government’s initial report on the implementation of the International Covenant on Economic, Social and Cultural Rights (E/1990/5/Add. 49, paragraph 28, of July 2001) that the share of women in the economically active population decreased from 46.4 per cent in 1996 to 44.9 per cent in 1999. According to the Government, the concentration of women in the healthcare and education sectors continued to be a problem and the educational and qualification potential of women was not utilized. As stated in that report, the highest concentration of women is among lower administrative staff and a significant segment of the unqualified labour force is female. The Committee also notes the establishment in 1999 of the Department for Equal Opportunities within the Ministry of Labour, Social Affairs and Family, which is carrying out training and education on gender equality. It recalls that the National Action Plan for Women (1997) had as a main objective to promote the development and employment possibilities for women with limited professional opportunities such as Roma women, disabled women and women living in small villages. Noting that no reply was provided by the Government to the Committee’s previous comments concerning discrimination on the basis of sex, the Committee is bound to reiterate its request to the Government to provide information on the measures that have been taken and how effective they have been to facilitate the access of women to a wide range of occupational training and employment opportunities, including statistical information on labour market participation disaggregated by sex, sector and occupation.

3. The Committee notes the entry into force of a new Labour Code (Act No. 311/2001). According to section 1 of the "fundamental principles" introducing the Code, natural persons shall have the right to work and the free choice of employment, to fair and satisfying working conditions and to protection against unemployment. These rights are to be enjoyed "without any sort of restriction and direct or indirect discrimination on grounds of sex, marital and family status, race, colour of skin, language, age, state of health, belief and religion, political or other convictions, trade union activity, national or social origin, national or ethnic group affiliation, property, lineage or other status, with the exception of cases provided by law, or in the case of a tangible reason for the performance of the work consisting in aptitudes or requirements and the nature of work which the employee is to perform". Such a prohibition of discrimination is also contained in Part I (General provisions), section 13, of the Code. The Committee notes with interest that these provisions cover all the grounds of discrimination prohibited by the Convention and explicitly refer to indirect discrimination, which is further defined in section 13(2). The Committee also notes with interest that the new Code provides victims of discrimination with two courses of redress for complaints concerning discrimination, and shifts the burden of proof to the employer who "shall be obliged to prove that no violation of the principles of equal treatment has occurred". The Committee also notes Act No. 90/2001 amending the Constitution of the Slovak Republic to establish the institution of Public Defender of Rights (Ombudsman). The Committee requests the Government to provide information on the implementation of the non-discrimination provision in practice, any discrimination claims brought under the Code and any relevant administrative or judicial decisions.

The Committee is raising other points in a request directly addressed to the Government.