Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Complaints regarding discrimination in employment and occupation based on sex. The Committee notes that women workers may lodge complaints through the National Institute of Women (INMUJERES), the Ministry of Labour’s Directorate General for Equality and Gender, the Office of the Federal Prosecutor for the Defence of Labour (PROFEDET), the National Council for the Prevention of Discrimination (CONAPRED), and conciliation and arbitration boards. The Committee notes that between 1 July 2004 and 15 May 2006, CONAPRED received 21 complaints of dismissals and discrimination on the ground of pregnancy, and that where conciliation between the parties failed, the complaints were referred to the competent labour authorities. Please indicate the manner in which these cases were resolved, specifying any remedies provided or sanctions imposed, and continue to provide information on the number and nature of complaints filed.

2. Labour inspection. The Committee notes that in the National Human Rights Programme, promulgated in the Diario Oficial de la Federación (Official Journal) of 5 August 2005, the activities enumerated include training for the labour inspectorate and extension of their authority to address complaints of gender-based human rights violations in enterprises, and impose penalties. The Committee requests the Government to keep it informed of training activities for the labour inspectorate and the implementation of the inspectorate’s extended authority. The Committee also requests the Government to provide information on the labour inspectorate’s activities in the maquila industry, particularly in the area of gender-based discrimination.

3. Sexual harassment. In its previous comments, the Committee noted that according to the report, sexual harassment is forbidden by inference in the legislation and the penalties therefore have their basis in the Political Constitution and the Federal Labour Act, sections 2, 3, 5, 31, 46, 50, 51, 51 (I) and (IV), 52, 56, 86, 132, 133 (I) and (VII), the provisions of which may be relied on in terminating the employment relationship, without the workers being at fault and upon the payment of appropriate compensation. The Committee requested the Government to indicate whether it considered introducing measures and easily accessible procedures for women workers to complain of sexual harassment, and also whether it envisaged the possibility that complaints of sexual harassment in the workplace should not result in the termination of the victim’s employment, as this amounts to a penalty against the victim. The Committee notes that INMUJERES has devised a strategy for public enterprises, entitled “Critical path for dealing with instances of sexual harassment at work”. While noting that, according to the Government, the issue of sexual harassment is not dealt with expressly or recognized in the Convention, the Committee points out that, in its general observation of 2002 on the Convention, it observed that “sexual harassment is a form of discrimination and should be addressed within the requirements of the Convention. Thus, in accordance with the Convention’s requirements to prohibit sex discrimination and adopt a policy to promote equality of opportunity and treatment, measures should be taken to address sexual harassment. In view of the gravity and serious repercussions of this practice, the Committee urges the Government to take appropriate measures to prohibit sexual harassment in employment and occupation.” The Committee also recalls that “effective protection against discrimination in employment presupposes recognition of the principle of protection against dismissal” (General Survey of 1988 on equality in employment and occupation, paragraph 226). The Committee accordingly once again requests the Government to indicate whether it has envisaged introducing machinery and easily accessible procedures for women workers to complain against sexual harassment. The Committee also asks the Government to take steps so that complaints of sexual harassment in the workplace do not result in the termination of the victim’s employment since, even though the victim is entitled to compensation, dismissal is a penalty against the victim rather than the harasser and may dissuade victims from bringing complaints.