Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Articles 2 and 3 of the Convention. Application in practice. The Committee notes from the Government’s report that approximately 1,800 contacts were made with the Federal Non-Discrimination Office since the General Equal Treatment Act entered into force on 18 August 2006. The issues raised with the Office related mainly to discrimination on the ground of age (27 per cent of the requests), sex (26 per cent) and disability (24 per cent). The Committee requests the Government to continue to provide information on the activities of the Non-Discrimination Office, including on the specific steps taken to address the cases brought to the attention of its Office. The Committee reiterates its request for information on any relevant administrative and judicial decisions relating to the application of the General Equal Treatment Act that may have been issued during the reporting period, including any decisions concerning section 9 which allows for certain differential treatment in respect of employment by religious institutions.

Equality of opportunity and treatment of men and women. The Committee notes from the Government’s report that women’s employment rate continued to increase from 59.2 per cent in 2004 to 62.2 per cent in 2006, and to 63.2 per cent in the first trimester of 2007. The Committee notes the measures taken to promote women’s employment through promotion of self-employment, provision of professional training, creation of new jobs and evaluation of women’s competencies. The Committee further notes that measures were taken to facilitate the return to work of men and women after interruption of their employment relationship for looking after their children or other dependant members of their family, notably vocational guidance and further training. The Committee however notes that in 2006 men represented only 1.3 per cent of such “returning workers”. In this regard, the Committee welcomes that the parents benefit introduced in 2007 encourages a better sharing of family responsibilities between men and women workers by granting a higher level of benefits in cases where the father takes a portion of parental leave. The Committee requests the Government to continue to provide information on the labour market situation of men and women workers and on the measures taken to promote equality of opportunity and treatment for men and women. Please also provide information on the extent to which the new parent benefit is contributing to a better sharing of family responsibilities between men and women and to greater gender equality in the labour market.

Reconciliation of work and family life. The Committee welcomes the agreement reached between the federal Government, the Länder and the municipalities to increase the number of child-care structures for children up to 3 years of age to 750,000 units by 2013. Furthermore, the Committee notes that the Federal Ministry for Families, Older Persons, Women and Youth elaborated a programme to increase the provision of childcare by small and medium-sized enterprises, which was expected to be launched in 2008. It also notes the various initiatives and projects carried out to increase awareness among employers of the need to adopt policies sensitive to family needs at the enterprise level. According to a 2006 survey on the implementation of these initiatives, approximately 71.7 per cent of the employers interviewed attached importance to the adoption of family-sensitive measures and 23.4 per cent of the enterprises took between seven and nine measures favourable to family, including child-care services and flexible working time. The Committee requests the Government to continue to provide information on the measures taken to promote the reconciliation of work and family life, including information on the implementation of the 2008 programme of the Federal Ministry for Families, Older Persons, Women and Youth. Noting the number of initiatives so far taken, the Committee also encourages the Government to reconsider ratifying the Workers with Family Responsibilities Convention, 1981 (No. 156).

Occupational sex segregation. The Committee notes that various projects continue to be implemented to address occupational sex segregation, particularly through vocational guidance for both girls and boys aimed at overcoming traditional stereotypes concerning “female” and “male” jobs. The Committee further notes the measures taken to promote women’s entrepreneurship and it notes that, out of 3.3 million small and medium-sized enterprises, approximately 1.2 million are at present run by women. However, the Committee notes the Government’s indication that women are still under-represented in decision-making positions and that a monitoring body has been established to examine the situation. The Committee requests the Government to continue to provide information on the measures taken to address occupational sex segregation, including information on the progress made in ensuring equal access of women to decision-making positions.

Equality of opportunity and treatment irrespective of race, colour or national extraction. The Committee notes the Government’s indication that workplace agreements and codes of conduct have been adopted at the enterprise level to address racism and xenophobia but that the Government lacks detailed information in this regard. The Committee requests the Government to provide more detailed information on the measures taken to address racial or ethnic discrimination at the workplace, including examples of any concrete measures taken at the enterprise level or in cooperation with the social partners. The Committee also reiterates its request for information on the measures taken or envisaged to promote equality of opportunity and treatment in employment and occupation of members of the various ethnic minorities, whether national or not, particularly the Roma.

With regard to the situation of persons with immigrant backgrounds, the Committee notes from the Government’s report that the unemployment rate of foreigners is still almost twice as high as that of the economically active population as a whole despite a wide range of measures which have been taken, notably language and vocational training and guidance, and counselling. The Committee requests the Government to provide information on how the employment situation of persons of immigrant background has evolved over recent years and on whether any measures are being taken to review and reinforce, if necessary, the strategies and measures in place to address their situation.