Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Slovakia (Ratification: 1993)

Other comments on C111

Observation

Direct Request

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Article 1(1)(a) of the Convention. Sex discrimination. With respect to the issue of discrimination of women on the basis of pregnancy previously raised by the National Centre for Human Rights (NCHR), the Committee notes the Government’s explanations regarding the applicable legal framework. Noting however that the issue raised relates to the practice by some employers to terminate employment due to pregnancy, the Committee requests the Government to take the necessary steps to ensure that pregnant women are effectively protected against discrimination in employment in practice, including through the strengthening of enforcement measures by labour inspectors and judges and the development of awareness raising of the rights of pregnant women among workers, employers and their respective organizations. The Government is requested to provide information on the steps taken in this regard.

Sexual harassment. The Committee notes that the United Nations Committee on Economic, Social and Cultural Rights expressed concern, in its concluding observations, regarding “the very high incidence of sexual harassment, usually of women”, and recommended the effective enforcement of the laws on sexual harassment and the adoption of additional preventive and protective measures to combat the sexual harassment of women in the workplace (E.C12/SVK/CO/2, 8 June 2012, paragraph 16). The Committee reiterates its request to the Government to provide information on the number of cases concerning sexual harassment that have been dealt with by the labour inspectorate, the courts, and the NCHR, as well as any educational programmes that have been undertaken to raise awareness among workers and employers, and their organizations, about this form of sex discrimination in employment and occupation.

Article 2. Equality of opportunity and treatment between men and women. The Committee recalls its previous comments regarding the adoption and the goals of the National Strategy for Gender Equality (2009–13) and its Action Plan (2010–13), and the obstacles faced by women in employment and occupation, such as the persistence of strong gender stereotypes, gender segregation in the field of education, inequalities in the level of wages, and unbalanced share of family responsibilities and childcare between men and women. The Committee welcomes the amendment of section 8(a) the Anti-Discrimination Act, 2004 by Act No. 32/2013 Coll. of 5 February 2013 which now enables public administration bodies and legal entities, including employers, to adopt temporary compensatory measures to eliminate disadvantages due to gender or sex. According to the Government, the goals of the Action Plan have been partly transformed into some measures, in particular with a view to supporting employers taking measures to reconcile work and family responsibilities. The Government also indicates in its report on the Equal Remuneration Convention, 1951 (No. 100), that a large information and awareness raising campaign on gender equality, carried out within the national project of the Institute for Gender Equality took place in 2014. The Government indicates, however, that women are still confronted with both horizontal and vertical occupational segregation, representing 60 per cent of the public administration staff, 41 per cent of workers in the private sector and half of the number of men in managing positions. According to the Eurostat Labour Force Survey, in 2011, the employment rate of women was 52.7 per cent (66.7 per cent for men), of which only 5.5 per cent worked part time. In addition, the statistics provided by the Government show that horizontal gender segregation in the labour market is quite significant. The Committee requests the Government to intensify its efforts to promote gender equality, including in managing positions, and to overcome the persistent obstacles faced by women in employment and occupation, such as gender segregation in the labour market, and to provide specific information on the concrete measures taken and the results achieved. The Committee also requests the Government to provide information on the assessment of the impact of the Strategy for Gender Equality (2009–13) as well as information on the adoption of any new strategy for 2014 and beyond. Please continue to provide statistical information on the distribution of men and women in the various economic sectors and occupations, in the public and private sectors.

Article 3(a). Collaboration with the social partners. Recalling the Memorandum on Cooperation with the Confederation of Trade Unions of the Slovak Republic for the Implementation of Gender Equality, the Committee asks the Government to provide information on its effective implementation and the results achieved. The Committee also requests the Government to provide information on the activities of the Economic and Social Council mentioned by the Government specifically concerning discrimination and equality issues in employment.

Enforcement. The Committee welcomes the Government’s indications that extensive training on detecting discrimination during labour inspections was provided to labour inspectors in 2013 and a project on “Improving the implementation of the gender equality principle on the labour market” was carried out in cooperation with labour inspectors. The Committee encourages the Government to continue to take steps to raise the awareness and understanding of the principles of non-discrimination and equality among labour inspectors and any other enforcement authorities. The Committee requests the Government to take steps to improve awareness of and access to procedures and remedies in cases of discrimination in employment and occupation, and invites the Government to examine whether the applicable substantive and procedural provisions, in practice, allow claims to be brought successfully. Please also provide information on the number, nature and outcome of employment discrimination cases that have been dealt with by the labour inspectorate and the courts as well as through conciliation proceedings and mediation.

Specialized bodies. The Committee notes, in its concluding observations, that the United Nations Committee on the Elimination of Racial Discrimination (CERD) regrets the lack of adequate financial and human resources to empower the National Centre for Human Rights (NCHR) with the necessary means to disseminate the Anti-Discrimination Act and to assist victims of racial discrimination (CERD/C/SVK/CO/9-10, 17 April 2013, paragraph 15). The Committee understands that the Public Defender of Rights (Ombudsman) and the Government Council for Human Rights, National Minorities and Gender Equality also deal with the issue of discrimination and equality in employment and occupation. The Committee requests the Government to ensure that the NCHR, the Ombudsman and the Government Council for Human Rights, National Minorities and Gender Equality and its specialized committees have the necessary means and resources to secure observance of national policy (including legislation) in the field of equality and non-discrimination in employment and occupation. The Committee requests the Government to provide specific information on the monitoring and promotional activities in the field of non-discrimination and equality in employment and occupation carried out by these bodies and detailed information on any complaints of discrimination that they have dealt with. The Committee also requests the Government to indicate if, and how, coordination between these bodies is ensured and whether, and how, they collaborate with the labour inspectorate.