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

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Greece (Ratification: 1984)

Other comments on C111

Observation

Direct Request

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The Committee notes the observations from the Greek General Confederation of Labour (GSEE), received on 1 September 2016, according to which no impact assessment of the austerity measures on the implementation of the Convention has been carried out. Moreover, the GSEE refers to a rise in discriminatory practices, especially on multiple grounds, to the detriment of women, as well as in discrimination on the grounds of ethnic and national origin, disability and age. It also refers to the fact that all tripartite social dialogue structures related to gender equality and discrimination do not function.

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Articles 2 and 3 of the Convention. Impact of the structural reform measures on the application of the Convention. The Committee has been examining for a number of years the austerity measures adopted in the framework of the support mechanism. In this context it has requested the Government to monitor the impact of such measures on the employment of men and women, including those from religious and ethnic minorities, in both the public and the private sectors, so as to address any direct or indirect discrimination based on the grounds provided for in the Convention. The Committee notes the information provided by the Government concerning the implementation of Act No. 4024/2011 which provides for the automatic termination of different categories of employees and the placing of some employees in some categories in the “labour reserve” (that is employees on open ended private law contracts) and Act No. 4093/2012 which provides for civil service mobility, as well as the conversion from full time to part time and rotation work contracts in the private sector, which are addressed in detail in the direct request. The Committee further notes that the Greek National Commission for Human Rights (NCHR) highlighted the importance of assessing the adverse consequences of the multiple austerity measures on the employment and social security rights of large segments of the population and called on the Government to end the flexibilization of employment relationships in the private and the public sectors (NCHR conclusions adopted by the Plenary of 27 June 2013). Moreover, the independent expert on the effects of foreign debt and other related international financial obligations of States on the full enjoyment of human rights recommended the conducting of human rights impact assessments to identify potential negative impacts of the adjustment programme and the necessary policies to address such impacts (A/HRC/25/50/Add.1, 27 March 2014, paragraph 91).

The Committee notes that the information provided by the Government does not indicate that any impact assessment of the structural reform measures or of the National Equality Policy on the Employment of Men and Women has been undertaken. The Committee highlights the importance of regularly assessing, with a view to reviewing and adjusting, existing measures and strategies on a continuing basis in order to better promote equality and evaluate their impact on the situation of the protected groups and the incidence of discrimination. Furthermore, the Committee considers that it is essential that measures of an economic or political nature do not undermine the principles of equality and non-discrimination or adversely affect the progress achieved by previous action taken to promote equality (see General Survey on the fundamental Conventions, 2012, paragraph 847). The Committee requests the Government to take without delay the necessary measures, in cooperation with the social partners and the Office of the Ombudsman, to evaluate the impact of the austerity measures on equality of opportunity and treatment in both public and private sector employment with a view to determining the most appropriate measures to address any direct or indirect discrimination based on sex with respect to access to employment and occupation, terms and conditions of employment, and security of employment. The evaluation of the impact of the austerity measures should also focus on the employment situation of ethnic and religious minorities such as Roma and Muslims as well as migrant workers who are particularly vulnerable to the impact of the economic crisis. The Committee requests the Government to provide full information in this regard.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.