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

Article 1(1)(b). Legislative developments. The Committee notes with interest that section 7 of the Labour Law was amended on 21 September 2006 so as to explicitly prohibit discrimination on the basis of sexual orientation. The Committee requests the Government to continue to provide information on the measures taken to address discrimination based on sexual orientation in employment and occupation.

Equality of opportunity and tretament between men and women. The Committee notes that the Labour Law, as amended in September 2006, prohibits any inquiries about women’s pregnant status in job interviews. The Committee also notes that awareness-raising campaigns on gender equality were carried out throughout 2006 and a research project on ‘The aspects of gender equality in the labour market’ was also realized. The Committee notes that according to the project’s conclusions there is a relationship between the gender of workers and the choice of certain professions and types of employment which eventually results in disparities between men and women as to their working conditions, including remuneration. The Committee notes from EUROSTAT that in 2007, women’s employment rate was approximately 62.4 per cent compared to 72.5 per cent of men. The Committee also notes from the Government’s report that women are mainly concentrated in education and healthcare, whereas men dominate in the construction, transport and agricultural sectors. The Committee requests the Government to provide information on any judicial or administrative decisions concerning the breach of the prohibition of inquiries into women’s pregnant status in the context of job interviews. The Committee also requests the Government to provide detailed information on the measures taken or envisaged to promote women’s employment, including information on any measures taken to provide women with a broader range of employment opportunities with a view to addressing the occupational sex segregation existing in the labour market, and the impact of such measures. The Committee further requests the Government to continue to provide statistical information on the levels of employment and the distribution of men and women in the different economic sectors, occupational categories and positions.

Equality of opportunity and treatment irrespective of race, colour, national extraction or social origin. The Committee notes from the concluding observations of the UN Committee on Economic, Social and Cultural Rights, that a National Programme on the Roma was adopted for the years 2007–09
(E/C.12/LVA/CO/1, 7 January 2008, paragraph 31). The Committee requests the Government to provide information on any measures taken under the National Programme on Roma to promote the principle of the Convention and their impact. Please also provide information on any other programmes or measures taken to promote equality of opportunity and treatment in employment and occupation in respect of minority groups other than the Roma.

Employment services and vocational guidance. The Committee notes that pursuant to Order No. 436 of the Cabinet of Ministers (17 July 2007) the Professional Career Guidance Centre has been dismantled and its functions will be performed by the National Employment Service. The Committee also notes the Government’s general description of the mandate of this body regarding the promotion of employment. The Committee requests the Government to indicate any activities conducted by the National Employment Service relevant to the application of the Convention, including information on any initiatives specifically targeting women workers or persons belonging to minority groups with a view to promoting equality of opportunities with respect to vocational training, occupational guidance and access to employment.

Enforcement. The Committee notes that the functions of the former National Human Rights Office have been taken over by the Office of the Ombudsperson, established under the law on the Ombudsperson which entered into force on 1 January 2007. Further to its request for information on the practical application of sections 7 and 29 of the Labour Law, the Committee notes the decisions delivered by national courts in relation to cases of discrimination based on sex or race in employment. The Committee also notes that under section 22(6) of the Act on State Civil Service, labour inspectors are provided with training on equality issues and, in 2005, they participated in a series of seminars on gender equality that were organized by the Latvian School of Public Administration. The Committee requests the Government to provide information on any complaints concerning discrimination in employment and occupation received by the ombudspersons and the outcome thereof. The Committee also requests the Government to continue to supply information on relevant judicial decisions and violations detected by the labour inspection services and the remedies provided or the sanction imposed. The Committee further encourages the Government to continue to supply labour inspectors with the necessary training on the issues covered by the Convention and to provide information on the measures taken in this regard.