Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Repetition

Articles 1 and 2 of the Convention. Equality of opportunity and treatment for men and women. In its previous comments, the Committee expressed concern that article 41.2 of the Constitution, which provides that “the State recognizes that by her life within the home, woman gives to the State a support without which the common good cannot be achieved” and that “the State shall, therefore, endeavour to ensure that mothers shall not be obliged by economic necessity to engage in labour to the neglect of their duties in the home”, might encourage stereotypical treatment of women in the context of employment, contrary to the Convention, and requested the Government to consider reviewing it. The Committee notes the information provided by the Government on the establishment in 2012 of a Constitutional Convention, made up of 66 citizens, 33 parliamentarians, and an independent chairperson, to make recommendations on constitutional reform, including with regard to article 41.2. It welcomes the Government’s indication that a sizable majority of members of the Constitutional Convention voted in favour of amending article 41.2, as well as other provisions in the Constitution with a view to adopting gender-neutral language. The Committee notes, however, that providing that “[carers] shall not be obliged by economic necessity to engage in labour to the neglect of their duties in the home”, while aiming at recognising the role of caregivers in society, is likely to apply mainly in practice to women, who, according to the Government’s report under the Equal Remuneration Convention, 1951 (No. 100), are responsible for more than 80 per cent of family-related tasks. The Committee considers that in the absence of further measures aimed at assisting both men and women to reconcile work and family responsibilities, and encouraging men to take on a greater share of family responsibilities, the provision may continue to hinder the inclusion or re-entry of women in the labour market. The Committee asks the Government to take the opportunity of the current constitutional review process to ensure that the Constitution, including article 41.2, does not encourage, directly or indirectly, stereotypical treatment of women in the context of employment and occupation, and to provide information on specific steps taken in this regard. The Committee also asks the Government to provide information on measures taken or envisaged to promote equality of opportunity and treatment for men and women, including with regard to access to the labour market and reconciliation of work and family responsibilities.

Article 1(1)(a). Discrimination based on political opinion or social origin. The Committee recalls its previous comments, in which it noted that the grounds of discrimination provided for in the Employment Equality Act do not cover political opinion and social origin. The Committee notes the Government’s repeated statement that there are no immediate plans to amend the equality legislation so as to include social origin and political opinion as prohibited grounds of discrimination. The Committee asks the Government to take steps to ensure legislative protection against discrimination in employment and occupation based on political opinion and social origin, and to provide information on the progress made in this regard. The Committee also asks the Government to provide information on the measures taken to ensure protection against discrimination based on political opinion and social origin in practice.

Article 1(2). Inherent requirements of the job. The Committee has previously noted that section 2 of the Employment Equality Act excludes from the Act’s scope of application with regard to access to employment “persons employed in another person’s home for the provision of personal services for persons residing in that home where the services affect the private or family life of such persons”. The Committee pointed out that, in practice, the broad and non-exhaustive definition of “personal services” in section 2 appeared to allow employers of domestic workers to make recruitment decisions on the basis of the grounds of discrimination set out in section 6(2) of the Act. The Committee recalls that the Convention is intended to promote and protect the fundamental right to non-discrimination and equality of opportunity and treatment in employment and occupation of all workers and that it only allows for exceptions to the principle of equal treatment in so far as they are based on the inherent requirements of a particular job, as strictly defined, and that there are very few instances where the requirements of a job are justified with reference to the grounds listed in the Convention. The Committee recalls further that overly broad exceptions to equality legislation excluding domestic workers from the protection against discrimination in respect to access to employment may lead to discriminatory practices by employers against these workers, contrary to the Convention. The Committee urges the Government to take steps to amend the relevant parts of section 2 of the Employment Equality Act, so as to ensure that any limitations on the right to non-discrimination in all aspects of employment and occupation are restricted to the inherent requirements of the particular job, as strictly defined.