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

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

Other comments on C111

Observation

Direct Request

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Article 1(1)(a) of the Convention. Discrimination on the basis of colour and social origin. In its previous comments, the Committee noted the adoption of the Law on the Prohibition of Discrimination of Natural Persons Engaged in Economic Activity which prohibits discrimination with respect to self-employment on several grounds except colour and social origin. In this respect, the Committee notes the Government’s indication that the grounds of race and ethnic origin, both of which are covered by the Law, include the ground of colour. The Government indicates that thus far the competent authorities have received no information on cases of discrimination against self-employed persons on the ground of social origin. The Committee recalls that the grounds of colour and race, while generally examined together, should not be considered to be identical, as colour differences may exist between people of the same “race” (see General Survey on the fundamental Conventions, 2012, paragraph 762). The Committee requests the Government to ensure that emerging forms of discrimination that may lead to discrimination in employment and occupation based on colour and social origin are adequately monitored in order to assess whether the protection afforded by the legislation remains appropriate and effective. The Committee requests the Government to provide information on the manner in which protection against discrimination based on colour and social origin is ensured in practice. The Government is also requested to provide information on the practical application of the Law on the Prohibition of Discrimination of Natural Persons Engaged in Economic Activity.

Article 2. Equality of opportunity and treatment of women and men. In its previous comments, the Committee noted the adoption of the Gender Equality Action Plan 2012–14, which includes measures to address occupational gender segregation and to promote access to childcare services. In this respect, the Committee notes from the statistical data provided by the Government for 2013 that women represent 79 per cent of workers in the education sector, 86 per cent in the health and social services sector, and over 75 per cent of persons employed as clerks and in the services and sales sectors. The Government indicates that in the framework of the Action Plan, the Gender Equality Council approved recommendations in July 2013 on balancing the number of men and women in all levels of education, including pre-school, general, vocational and higher education. The Committee further notes that the Ministry of Welfare and the Ministry of Economics, in cooperation with the social partners, initiated a project in December 2013 to improve the balance of men and women in decision-making positions, which will include research on gender equality in the private sector and related awareness-raising activities. Measures are also being taken to combat stereotypes and improve the participation of women in non-traditional professions. Regarding measures to promote access to childcare, the Committee notes the information provided by the Government on the extension of the benefits paid to parents of young children. The Committee requests the Government to continue taking measures to address vertical and horizontal occupational sex segregation in employment and occupation, including through improving women’s access to a wide variety of vocational training courses and education fields, and increasing their participation in a wider range of jobs and occupations, including decision-making positions. Please provide information on the concrete results achieved through these measures, including the outcome of the research on gender equality in the private sector undertaken in the context of the project initiated in December 2013.

Equality of opportunity and treatment irrespective of race, colour, national extraction or social origin. Roma. The Committee notes the detailed information provided by the Government concerning the activities and institutions implementing policies for Roma inclusion. The Committee also notes the statistical information provided by the Government on the participation of Roma in training and public employment projects. However, these data do not allow the Committee to assess whether the number of Roma who participate in the training is in proportion to the number of Roma in the total population. The Committee further notes that a survey on “The Situation of Roma in Latvia” with respect to education and employment will be carried out in 2015. The Committee notes that guidelines for a monitoring system have been established as part of the “Different People: Diverse Experience: One Latvia” project, in connection with the Guidelines on National Identity, Civil Society and Integration Policy for 2012–18. The Advisory Council for the Implementation of Roma Integration, which includes representatives from Roma non-governmental organizations, has also proposed recommendations for the national policy on Roma inclusion, which have been examined and assessed by government institutions. The Committee requests the Government to indicate whether the policy on Roma inclusion has finally been adopted and to provide specific information on the impact of the measures taken to promote equality of opportunity and treatment in education, vocational training, employment and occupation for minority groups, including Roma, and the obstacles encountered. In particular, the Committee requests the Government to provide specific information on the results of the survey on “The Situation of Roma in Latvia”, as well as statistical information disaggregated by sex concerning the proportion of Roma in the total population and their participation in employment, sectors of occupation, their participation in education and vocational training and their unemployment rate.

Parts III and IV of the report form. Enforcement. The Committee notes from the Government’s report that between January 2013 and June 2014 labour inspectors received 43 complaints related to discrimination, on the basis of which administrative penalties were imposed on 17 persons or entities, and that enforcement measures were applied in relation to section 32 of the Labour Law on discriminatory job advertisements. Moreover, labour inspectors participated in a training course focused on discrimination and differential treatment in May 2014. The Committee further notes the awareness-raising activities carried out by the Ombudsman concerning, among others, the rights of persons with disabilities. The Committee requests the Government to continue providing information on the complaints received by labour inspectors and the Office of the Ombudsman, as well as the cases filed with the judicial authorities concerning discrimination in employment and occupation, and the sanctions imposed.