Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Slovenia (Ratification: 1992)

Other comments on C111

Observation

Direct Request

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Article 1 of the Convention. Prohibited grounds of discrimination. With regard to the amendment of section 6(1) of the Employment Relationships Act (No. 103/07) to replace the prohibited grounds of “religious, political and other conviction” by “faith or conviction”, the Government indicates in its report that the term “belief” is aimed at covering not only the prohibition of discrimination on the basis of political belief but also discrimination based on any other belief, including philosophical belief. The Committee notes that the Government refers to the Council Directive No. 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation, and article 14 of the Constitution which guarantees equal human rights and fundamental freedoms, irrespective of political or any other belief, to indicate that “equal weight and importance” is given to political and any other belief. The Committee notes the Government’s indication that discrimination on the grounds of political belief is still prohibited by section 6(1) of the Employment Relationships Act and sanctioned by section 229 of the Act. The Committee requests the Government to provide information on the practical application of the abovementioned provisions of the Employment Relationships Act, and particularly on any cases of violation detected by or brought to the attention of the labour inspectorate related to discrimination based on political opinion.

Sexual harassment. The Committee notes from the Government’s report that an analysis was conducted in 2009 by the Office for Equal Opportunities for Women concerning the implementation of section 45 of the Employment Relationships Act. The Government indicates that, according to the analysis, some measures have been taken by employers for the prevention of sexual harassment, other harassment and bullying in the workplace, including awareness-raising activities, the adoption of a special internal act, code of conduct and the establishment of an ombudsman or committee on the matter. The Committee further notes that a Decree on Measures for Protecting the Worker’s Dignity at Work in State Administration (No. 36/09) has been adopted in 2009 for the implementation of section 45 of the Employment Relationships Act. According to the Government, the main objective of the regulation is to provide for a working environment in the ministries and government agencies that is free from sexual harassment. In this regard, the Committee notes that the Decree establishes that counsellors should be appointed in order to provide assistance and information to workers who experienced such harassment and that numerous measures have been undertaken to prevent sexual harassment in the workplace. However, the Committee notes the difficulties encountered by the labour inspectors in the investigation of complaints related to the prohibition of sexual harassment, with regard to the proving of the facts, and the fear of reprisals by the employers when a complaint is lodged. The Committee asks the Government to provide information on the concrete measures taken or envisaged to address the difficulties encountered in the investigation of complaints related to sexual harassment, in particular information on the measures to protect workers filing complaints or reporting violations. Please continue to provide information on the measures taken to prevent sexual harassment in the workplace, including the impact of the Decree on Measures for Protecting the Worker’s Dignity at Work in State Administration, and the number of cases dealt with by competent authorities under sections 6(a) and 45 of the Employment Relations Act and section 197 of the Penal Code.

Equality of opportunity and treatment of women and men. The Committee notes the Government’s acknowledgment that the implementation of the measures related to gender equality during the time of economic and financial crisis is one of the main challenges to be addressed. The Committee also notes the adoption in April 2010 of the third Periodic Plan for the Implementation of the National Programme (2010–11), the aim of which is to overcome gender inequality, as well as initiatives carried out by the Government to increase the employment of long term registered unemployed women, including measures to increase their competitiveness through training and educational programmes, together with measures aimed at promoting their entrepreneurship and self-employment. With regard to occupational segregation in the labour market which remains persistent and the over-representation of women in education in some fields such as textiles, teacher training and health care, the Committee refers the Government to its comments concerning the application of the Equal Remuneration Convention, 1951 (No. 100). Finally, the Committee notes from the statistical data provided by the Government (2008 statistics) that the vast majority of workers in part-time employment are women. The Committee asks the Government to continue to provide information regarding the impact of the third Periodic Plan for the Implementation of the National Programme, as well as the Resolution on the National Programme for Equal Opportunities for Women and Men and the Operational Programme for Human Resources Development, noted by the Committee in previous comments, particularly on their impact on improving equality between women and men in employment and occupation, and reducing discrimination. The Committee also asks the Government to indicate the concrete measures taken or envisaged to address the underlying reasons for the over-representation of women in part-time employment, and to provide further information on the improvement of the job situation of persons with family responsibilities. Please continue to provide statistical information on the participation of women in education and in the labour market.

Discrimination based on national extraction. The Committee notes the concerns expressed by the United Nations Committee on the Elimination of Racial Discrimination (CERD) in its concluding observations regarding the situation of the non-Slovenes from the former Socialist Federal Republic of Yugoslavia (namely the “erased” people) facing difficulties in terms of access to social and economic rights, including access to education and employment because of their lack of legal status (CERD/C/SVN/CO/6-7, 27 August 2010, paragraph 13). In this connection, the Committee also notes the judicial decision of the European Court for Human Rights emphasizing the “ … special and complicated situation” concerning the “erased” people (case of Kuric and others v. Slovenia, Application No. 26828/06, 13 July 2010, paragraph 376), and underlining the fact that the consequence of the “erasure” from the register of permanent residents could lead to long-term and continuous discrimination against these people, particularly with regard to their jobs (paragraph 397). The Committee asks the Government to provide information on the measures taken or envisaged to address the situation of the non-Slovenes, in particular with regard to discrimination in employment and occupation.

Equality of opportunity and treatment of the Roma. The Committee notes the information provided by the Government regarding the various measures taken to address the situation of the Roma in education and employment. The Committee particularly notes the adoption of the National Programme of Measures for Roma of the Republic of Slovenia (2010–13), the priority of which is to reduce unemployment of the Roma community, increase their social integration and their access to the labour market; as well as the number of Roma included in special active employment policy programmes. The Committee also notes the Government’s indication that the low educational level of Roma constitutes one of the structural problems of the labour market. In this connection, the Committee notes the concerns expressed by CERD about the persistent segregation of Roma children into “special” educational systems (CERD/C/SVN/CO/6-7, 27 August 2010, paragraph 9). The Committee considers that this segregation in education of Roma children results in a low level of education and limits access of Roma to employment and occupation. The Committee encourages the Government to continue to adopt specific measures to promote equality of opportunity and treatment of Roma in employment and education, and asks the Government to continue to provide information on progress and results of the various initiatives. The Committee also asks the Government to provide information on concrete measures taken or envisaged to address negative stereotypes and anti-Roma sentiments in employment and education, and to address the segregation of Roma children in education. Please continue to provide statistical information on the participation of Roma in education and in the special active employment policy programmes.

Equality of opportunity and treatment of workers with disabilities. The Committee notes the adoption of the Act establishing the Fund for the Promotion of Employment for Disabled Persons (No. 30/2009). It also notes from the Government’s report the project “Capacity building for effective integration of disabled people and people with reduced mobility in the labour market and for promoting their equal opportunities and social inclusion”, the purpose of which is to improve the implementation of projects for the employment of workers with disabilities and to encourage good practices regarding their employment. However, the Committee notes the lower number of unemployed persons with disabilities into vocational rehabilitation programmes in 2009 compared to the previous years. The Committee asks the Government to continue to provide information on the measures taken to promote equality of opportunity and treatment in the employment of persons with disabilities and the results achieved. Please also provide information on the measures taken or envisaged to enhance the participation of unemployed persons with disabilities to vocational rehabilitation programmes.

Enforcement. With regard to the supervision of the equal treatment legislation through the labour inspectorate, the Committee notes that monitoring was undertaken in the education sector with a view to ensuring equal treatment of the candidates. The Government also indicates that special attention was paid to the protection of the workers’ dignity at work. The Committee further notes from the Government’s report that the Office for Equal Opportunities is carrying out the “Equal in Diversity” project with the aim of raising awareness of the notion and manifestations of discrimination. The Committee asks the Government to provide information on the concrete measure taken or envisaged under the National Programme for Equal Opportunities for Women and Men (2005–13) to increase monitoring and enforcement of the equal treatment legislation, as well as the results thereof. The Committee also asks the Government to provide further information on the “Equal in Diversity” project, in particular regarding its impact on addressing discrimination in employment and occupation. Please also continue to provide detailed information on the number, nature and outcome of discrimination cases dealt with by the courts, and the Advocate of the Principle of Equality and the Advocate for Equal Opportunities for Men and Women.