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Repetition Article 1(1)(a) of the Convention. Discrimination on grounds of sex. Legislation. The Committee notes the adoption of the Act of 13 May 2008 on equal treatment for men and women which transposes Council Directive 76/207/EEC on the implementation of the principle of equal treatment for men and women and amends the Labour Code. The Act of 2008 introduces into the Labour Code provisions which: (a) explicitly prohibit “any discrimination on the basis of sex, either directly, or indirectly by reference, among other factors, to marital or family status” (section L.241-1(1)); (b) provide a definition of “direct discrimination”; and (c) supplement it with “indirect discrimination” (section L.241 1(2)). The Committee also notes that the Act of 2008 supplements the provisions of section L.241-2 by applying the prohibition of discrimination to the various aspects of employment, through the addition of “conditions of employment” and “membership of, and participation in the activities of any organization of which the members exercise a specific occupation, including the benefits deriving from this type of organization”. The Committee requests the Government to provide information on the practical application of the provisions of the Labour Code with regard to the prohibition of any discrimination on the basis of sex and to provide, where appropriate, any extract from labour inspection reports and any court rulings addressing this issue.Prohibited grounds of discrimination. Legislation. In its previous comments, the Committee noted that, following the adoption of the Act of 28 November 2006, the Labour Code now prohibits direct and indirect discrimination on the basis of religion or belief, disability, age, sexual orientation and real or presumed membership or non-membership of a race or ethnic group. Identical provisions were also introduced in 2006 into the amended Act of 16 April 1979 issuing the general conditions of service of State officials and into the amended Act of 24 December 1985 issuing the general conditions of service of communal officials. The Committee recalls that the national laws and regulations defining and prohibiting discrimination in employment and occupation should cover all the grounds enumerated in Article 1(1)(a) of the Convention. The Committee requests the Government to indicate the manner in which the protection of workers is ensured against discrimination on grounds of colour, political opinion, national extraction or social origin.Sexual harassment. The Committee requests the Government to continue providing information on the measures adopted in law and practice to prevent and combat sexual harassment both in the private sector in collaboration with the social partners, and in the public sector. In this respect, it also requests the Government to provide information on the establishment and operation of the special commission responsible for supervising the application of the legislation respecting sexual harassment and dealing with cases referred to it in the public service (procedure, number of cases examined, decisions, etc.). Finally, the Committee would be grateful if the Government would provide information on any cases of sexual harassment which come to the knowledge of the competent authorities.Qualifications required for a specific job. In its previous comments, the Committee requested the Government to indicate whether Grand Ducal Regulations had been issued under section L.241-3-3(2) of the Labour Code determining the cases in which sex may be specified among the requirements for a job and, where appropriate, for training for the job or for an occupational activity for which, owing to its nature or the circumstances in which it is performed, sex is a decisive requirement. The Committee notes that the Act of 13 May 2008 referred to above amended the relevant provisions of the Labour Code. Section L.241-3 of the Labour Code now provides that “with regard to access to employment, including the training leading to such employment, a difference of treatment on the basis of a characteristic related to sex shall not constitute discrimination within the meaning of the present Act where, by reason of the nature of the specific occupational activities concerned or the context in which they are performed, such a characteristic constitutes an essential and determining professional requirement, on condition that the objective is legitimate and the requirement proportionate”. The Committee asks the Government to provide information on the effect given in practice to section L.241-3 of the Labour Code and provide examples of cases in which it has been used, with an indication of its impact on the recruitment of women and men. The Government is also requested to provide a copy of any relevant court decisions, and particularly any interpretation by the courts of the expressions “essential and determining professional requirement”, “legitimate objective” and “proportionate requirement”.Equality of opportunity and treatment for men and women. The Committee notes the studies and documents provided by the Government on the situation of men and women in employment and occupation. It observes that, according to the study entitled “Women and the employment market” (updated in 2007) provided by the Government, women’s employment, and particularly part-time employment, is in constant progression and remains concentrated in certain low-skilled sectors and occupations. The study also shows that non-salaried employment remains relatively unattractive and inaccessible to women. The study emphasizes that the causes of inequalities between men and women in employment and occupation include the deficit in terms of vocational training and guidance for women in relation to men (the concentration of women in training for less well-paid occupations which offer fewer career prospects, the lack of appeal of technical training, etc.), and the inadequate sharing of family responsibilities, which may lead to career interruptions or part-time work. While noting the measures adopted by the Government to enable women and men to reconcile their professional and family responsibilities more effectively, such as the creation of crèches, temporary and day-care centres for children, the Committee however notes that, in its concluding comments of 2008 (CEDAW/C/LUX/CO/5), the Committee on the Elimination of Discrimination against Women particularly emphasizes the need to step up efforts to assist women and men in striking a balance between family and employment responsibilities, inter alia, through further awareness-raising and education initiatives, as well as ensuring that part-time employment is not taken up almost exclusively by women. It also emphasizes the importance of strengthened measures aimed at changing attitudes concerning the roles of men and women in the family and in society. In its report, the Government adds that, with a view to promoting equality between men and women in the private sector, it has developed a programme of affirmative action in enterprises. Although it has proven to be particularly difficult to measure the impact of such affirmative action, due to a lack of feedback from enterprises and the failure of the participating enterprises and the Ministry for Equal Opportunities to establish systematic evaluation procedures, it is nevertheless true that participation in this type of project has enabled certain enterprises to assess the situation of men and women in the workplace and that a real impact has been seen in projects and enterprises which have opted for structural change. Noting this information and the efforts made by the Government to implement a policy of equality between men and women, the Committee requests the Government to provide information in its next report on the measure adopted or envisaged, including awareness-raising measures, with a view to:(i) combating sexist stereotypes and prejudices concerning the roles of men and women in society and their professional aptitudes;(ii) developing and diversifying vocational training and guidance for girls and boys;(iii) promoting the access of women to employment in sectors in which male workers predominate and the access of women to positions of responsibility with a view to preventing both horizontal and vertical occupational segregation; and(iv) enabling men and women to reconcile professional obligations and family responsibilities more effectively.Equality of opportunity and treatment without distinction on grounds other than sex. The Committee requests the Government to provide information on the national policy to promote equality of opportunity and treatment in employment and occupation with a view to eliminating any discrimination on the grounds of race, colour, religion, political opinion, national extraction or social origin. The Government is also requested to indicate the measures adopted or envisaged to eliminate any discrimination on the basis of disability or sexual orientation, which are covered by the Labour Code. Further referring to its previous comments, the Committee once again requests the Government to provide information on the operation and activities of the Centre for Equal Treatment in this respect.Collaboration with the social partners. In its previous comments, the Committee requested the Government to provide examples of equality plans for employment and remuneration, the adoption of which, through collective bargaining, is envisaged by section L.162-12-4(4) of the Labour Code. It notes that the Government’s report does not contain information any information on this subject. Furthermore, the study undertaken in 2007 on “Equality between women and men in collective agreements”, finds that, in terms of collective bargaining, the commitment to equality of treatment is limited. It also emphasizes that the social partners should play an active role in overcoming stereotypes and establishing working conditions that are more favourable to equality between women and men in terms of recruitment and career opportunities (page 16). The Committee requests the Government to indicate the measures adopted or envisaged to encourage workers’ and employers’ organizations to participate in the formulation and implementation of measures intended to promote equality of opportunity and treatment of women and men in employment and occupation, and particularly with regard to the adoption of equality plans for employment and remuneration.
The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
Article 1(1)(a), of the Convention. Discrimination on grounds of sex. Legislation. The Committee notes with interest the adoption of the Act of 13 May 2008 on equal treatment for men and women which transposes Council Directive 76/207/EEC on the implementation of the principle of equal treatment for men and women and amends the Labour Code. The Act of 2008 introduces into the Labour Code provisions which: (a) explicitly prohibit “any discrimination on the basis of sex, either directly, or indirectly by reference, among other factors, to marital or family status” (section L.241-1(1)); (b) provide a definition of “direct discrimination”; and (c) supplement it with “indirect discrimination” (section L.241‑1(2)). The Committee also notes that the Act of 2008 supplements the provisions of section L.241-2 by applying the prohibition of discrimination to the various aspects of employment, through the addition of “conditions of employment” and “membership of, and participation in the activities of any organization of which the members exercise a specific occupation, including the benefits deriving from this type of organization”. The Committee requests the Government to provide information on the practical application of the provisions of the Labour Code with regard to the prohibition of any discrimination on the basis of sex and to provide, where appropriate, any extract from labour inspection reports and any court rulings addressing this issue.
Prohibited grounds of discrimination. Legislation. In its previous comments, the Committee noted that, following the adoption of the Act of 28 November 2006, the Labour Code now prohibits direct and indirect discrimination on the basis of religion or belief, disability, age, sexual orientation and real or presumed membership or non-membership of a race or ethnic group. Identical provisions were also introduced in 2006 into the amended Act of 16 April 1979 issuing the general conditions of service of State officials and into the amended Act of 24 December 1985 issuing the general conditions of service of communal officials. The Committee recalls that the national laws and regulations defining and prohibiting discrimination in employment and occupation should cover all the grounds enumerated in Article 1(1)(a) of the Convention. The Committee requests the Government to indicate the manner in which the protection of workers is ensured against discrimination on grounds of colour, political opinion, national extraction or social origin.
Sexual harassment. The Committee requests the Government to continue providing information on the measures adopted in law and practice to prevent and combat sexual harassment both in the private sector in collaboration with the social partners, and in the public sector. In this respect, it also requests the Government to provide information on the establishment and operation of the special commission responsible for supervising the application of the legislation respecting sexual harassment and dealing with cases referred to it in the public service (procedure, number of cases examined, decisions, etc.). Finally, the Committee would be grateful if the Government would provide information on any cases of sexual harassment which come to the knowledge of the competent authorities.
Qualifications required for a specific job. In its previous comments, the Committee requested the Government to indicate whether Grand Ducal Regulations had been issued under section L.241-3-3(2) of the Labour Code determining the cases in which sex may be specified among the requirements for a job and, where appropriate, for training for the job or for an occupational activity for which, owing to its nature or the circumstances in which it is performed, sex is a decisive requirement. The Committee notes that the Act of 13 May 2008 referred to above amended the relevant provisions of the Labour Code. Section L.241-3 of the Labour Code now provides that “with regard to access to employment, including the training leading to such employment, a difference of treatment on the basis of a characteristic related to sex shall not constitute discrimination within the meaning of the present Act where, by reason of the nature of the specific occupational activities concerned or the context in which they are performed, such a characteristic constitutes an essential and determining professional requirement, on condition that the objective is legitimate and the requirement proportionate”. The Committee asks the Government to provide information on the effect given in practice to section L.241-3 of the Labour Code and provide examples of cases in which it has been used, with an indication of its impact on the recruitment of women and men. The Government is also requested to provide a copy of any relevant court decisions, and particularly any interpretation by the courts of the expressions “essential and determining professional requirement”, “legitimate objective” and “proportionate requirement”.
Equality of opportunity and treatment for men and women. The Committee notes the studies and documents provided by the Government on the situation of men and women in employment and occupation. It observes that, according to the study entitled “Women and the employment market” (updated in 2007) provided by the Government, women’s employment, and particularly part-time employment, is in constant progression and remains concentrated in certain low-skilled sectors and occupations. The study also shows that non-salaried employment remains relatively unattractive and inaccessible to women. The study emphasizes that the causes of inequalities between men and women in employment and occupation include the deficit in terms of vocational training and guidance for women in relation to men (the concentration of women in training for less well-paid occupations which offer fewer career prospects, the lack of appeal of technical training, etc.), and the inadequate sharing of family responsibilities, which may lead to career interruptions or part-time work. While noting the measures adopted by the Government to enable women and men to reconcile their professional and family responsibilities more effectively, such as the creation of crèches, temporary and day-care centres for children, the Committee however notes that, in its concluding comments of 2008 (CEDAW/C/LUX/CO/5), the Committee on the Elimination of Discrimination against Women particularly emphasizes the need to step up efforts to assist women and men in striking a balance between family and employment responsibilities, inter alia, through further awareness-raising and education initiatives, as well as ensuring that part-time employment is not taken up almost exclusively by women. It also emphasizes the importance of strengthened measures aimed at changing attitudes concerning the roles of men and women in the family and in society. In its report, the Government adds that, with a view to promoting equality between men and women in the private sector, it has developed a programme of affirmative action in enterprises. Although it has proven to be particularly difficult to measure the impact of such affirmative action, due to a lack of feedback from enterprises and the failure of the participating enterprises and the Ministry for Equal Opportunities to establish systematic evaluation procedures, it is nevertheless true that participation in this type of project has enabled certain enterprises to assess the situation of men and women in the workplace and that a real impact has been seen in projects and enterprises which have opted for structural change.
Noting this information and the efforts made by the Government to implement a policy of equality between men and women, the Committee requests the Government to provide information in its next report on the measure adopted or envisaged, including awareness-raising measures, with a view to:
(i) combating sexist stereotypes and prejudices concerning the roles of men and women in society and their professional aptitudes;
(ii) developing and diversifying vocational training and guidance for girls and boys;
(iii) promoting the access of women to employment in sectors in which male workers predominate and the access of women to positions of responsibility with a view to preventing both horizontal and vertical occupational segregation; and
(iv) enabling men and women to reconcile professional obligations and family responsibilities more effectively.
Equality of opportunity and treatment without distinction on grounds other than sex. The Committee requests the Government to provide information on the national policy to promote equality of opportunity and treatment in employment and occupation with a view to eliminating any discrimination on the grounds of race, colour, religion, political opinion, national extraction or social origin. The Government is also requested to indicate the measures adopted or envisaged to eliminate any discrimination on the basis of disability or sexual orientation, which are covered by the Labour Code. Further referring to its previous comments, the Committee once again requests the Government to provide information on the operation and activities of the Centre for Equal Treatment in this respect.
Collaboration with the social partners. In its previous comments, the Committee requested the Government to provide examples of equality plans for employment and remuneration, the adoption of which, through collective bargaining, is envisaged by section L.162-12-4(4) of the Labour Code. It notes that the Government’s report does not contain information any information on this subject. Furthermore, the study undertaken in 2007 on “Equality between women and men in collective agreements”, finds that, in terms of collective bargaining, the commitment to equality of treatment is limited. It also emphasizes that the social partners should play an active role in overcoming stereotypes and establishing working conditions that are more favourable to equality between women and men in terms of recruitment and career opportunities (page 16). The Committee requests the Government to indicate the measures adopted or envisaged to encourage workers’ and employers’ organizations to participate in the formulation and implementation of measures intended to promote equality of opportunity and treatment of women and men in employment and occupation, and particularly with regard to the adoption of equality plans for employment and remuneration.
Article 1, paragraph 1(a), of the Convention. Discrimination on grounds of sex. Legislation. The Committee notes with interest the adoption of the Act of 13 May 2008 on equal treatment for men and women which transposes Council Directive 76/207/EEC on the implementation of the principle of equal treatment for men and women and amends the Labour Code. The Act of 2008 introduces into the Labour Code provisions which: (a) explicitly prohibit “any discrimination on the basis of sex, either directly, or indirectly by reference, among other factors, to marital or family status” (section L.241-1(1)); (b) provide a definition of “direct discrimination”; and (c) supplement it with “indirect discrimination” (section L.241-1(2)). The Committee also notes that the Act of 2008 supplements the provisions of section L.241-2 by applying the prohibition of discrimination to the various aspects of employment, through the addition of “conditions of employment” and “membership of, and participation in the activities of any organization of which the members exercise a specific occupation, including the benefits deriving from this type of organization”. The Committee requests the Government to provide information on the practical application of the provisions of the Labour Code with regard to the prohibition of any discrimination on the basis of sex and to provide, where appropriate, any extract from labour inspection reports and any court rulings addressing this issue.
Sexual harassment. The Committee notes that the Act of 13 May 2008 referred to above supplements the provisions of the Labour Code respecting sexual harassment and explicitly provides that it constitutes discrimination on the basis of sex and is accordingly prohibited (section L.241-1(3)). It further notes that, according to the Government’s report, two enterprises have prepared a charter on sexual harassment in the context of the programme of “affirmative action” in private sector enterprises. However, the Committee observes that, according to the analysis of collective agreements conducted in 2007 in the study entitled “Equality between women and men in collective agreements”, provisions respecting sexual harassment often only consist of a declaration of principle relating to harassment, and more rarely to tangible measures for their application, particularly with a view to prevention of sexual harassment (page 14).
With regard to the public sector, the Committee notes that the Act of 2008 also supplements the provisions respecting harassment in the amended Act of 16 April 1979 issuing the general conditions of service of State officials and the amended Act of 24 December 1985 issuing the general conditions of service of communal officials. Furthermore, the Act of 1979 envisages the establishment of a special commission in the Ministry responsible for the public service with a view to ensuring compliance with the provisions respecting sexual and moral harassment (section 11-2).
Welcoming the provisions and measures adopted recently in relation to sexual harassment, the Committee requests the Government to continue providing information on the measures adopted in law and practice to prevent and combat sexual harassment both in the private sector in collaboration with the social partners, and in the public sector. In this respect, it also requests the Government to provide information on the establishment and operation of the special commission responsible for supervising the application of the legislation respecting sexual harassment and dealing with cases referred to it in the public service (procedure, number of cases examined, decisions, etc.). Finally, the Committee would be grateful if the Government would provide information on any cases of sexual harassment which come to the knowledge of the competent authorities.
1. Sexual harassment. The Committee notes that according to Luxembourg’s fifth periodic report under the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW/C/LUX/5, 8 May 2006, paragraph 33), the High Court of Justice had recognized the right of victims of sexual harassment to obtain compensation. The Committee requests the Government to provide more detailed information in its next report on the practical application of the legal provisions concerning sexual harassment, including information on any action taken to publicize the relevant provisions, indications on the action taken by the labour inspectors to monitor their implementation, as well as information on any relevant judicial or administrative decisions.
2. Inherent requirements of the job. The Committee notes that the Government did not provide any information in reply to point 4 of the Committee’s previous direct request concerning the practical application of section L. 241-3, paragraph 3(2) of the Labour Code (previously section 3(2) of the Act of 31 December 2001). This provision provides that the Government may, by a regulation of the Grand Duchy, after consultation with the relevant occupational chambers and the Committee on Women’s Work, establish the instances in which sex may be specified among the requirements for a job and, where appropriate, for training for the job or an occupational activity for which, owing to its nature or the circumstances in which it is performed, sex is a decisive requirement. The Government is requested to indicate whether any regulations have been issued under section L. 241-3, paragraph 3(2), of the Labour Code and, if so, what practical effect such regulations have had on the employment of women and men respectively.
1. Recalling its previous comments concerning the national legislation applying the Convention, the Committee notes with satisfaction that during 2006 a number of laws have been enacted further strengthening the legislative and institutional framework for the promotion of equality of opportunity and treatment in employment and occupation. The Committee welcomes the fact that progress has been made by introducing new anti-discrimination legislation, and also by strengthening and consolidating provisions applying the Convention contained in constitutional, labour, as well as penal law.
2. The Constitution. The Committee notes that the Act of 13 July 2006 amended article 11(2) of the Constitution to read as follows: “Women and men are equal in rights and duties. The State must actively promote the elimination of any existing obstacles to equality between women and men.” The Committee welcomes the introduction of a positive duty on the State to promote equality of men and women. In this context the Committee notes the 2006 National Action Plan for Equality of Women and Men 2006, particularly its section on the economy, as well as the Government’s indication that a number of public-awareness activities are planned in the context of the European Year for Equal Opportunities for All 2007. The Committee requests the Government to provide information on the implementation of the National Action Plan as far as it relates to the promotion of equality of men and women in employment and occupation. The Government is particularly requested to provide information on the adoption and implementation of equality plans in the civil service and the private sector, as well as the implementation of positive measures to promote full equality. The Committee also wishes to be kept informed of any decisions of the Constitutional Court involving article 11(2) of the Constitution in relation to employment and occupation.
3. Anti-discrimination legislation. The Committee also notes with interest the adoption of the Act of 28 November 2006, transposing the European Council directives 2000/78/EC and 2000/43/EC and amending the Labour Code, the Criminal Code and the Act on disabled persons. The Act prohibits direct and indirect discrimination, inter alia, in employment and occupation based on religion or belief, disability, age, sexual orientation, and real or presumed membership or non-membership of a particular race or ethnic group (section 1). The Committee notes particularly the provisions concerning the shifting of the burden of proof in civil or administrative discrimination cases. The Committee notes with interest that the Act of 28 November 2006 provides for the establishment of a Centre for Equal Treatment as an independent institution to promote, analyse and monitor equal treatment of all persons, irrespective of race, ethnic origin, sex, religion or belief, disability or age.
4. Labour legislation. The Committee notes that the provisions concerning equality between women and men previously contained in separate laws, such as the Act of 8 December 1981 concerning equality of opportunity and treatment of men and women and the Act of 26 May 2000 concerning protection from sexual harassment at work, have been integrated into the new Labour Code (Act of 31 July 2006). Further, the Committee notes that the Act of 28 November 2006 introduced a new Chapter V (equal treatment) into the Labour Code containing corresponding provisions (sections L.251-1 and L.251-2), supplemented by provisions permitting certain exceptions based on essential and determining occupational requirements (section L.252-1). With regard to age, differential treatment may be permissible if it relates to a legitimate objective concerning employment policy, the labour market, or vocational training (section L.252-2). The Labour Code also permits special measures to compensate for disadvantages related to one of the prohibited grounds, with a view to promoting full equality in practice (section L.252-3). Further, the Committee notes that section L.253-1 provides for protection from victimization, including the possibility of reinstatement of workers who have been dismissed after having raised complaints or protests in relation to the right to equal treatment. As regards the public service, the Committee notes that provisions concerning discrimination on the grounds of religion or belief, disability, age, sexual orientation, and real or presumed membership or non-membership of a particular race or ethnic group have been introduced by Act of 29 November 2006 amending the 1979 State Civil Service Act and the 1985 Municipal Civil Service Act.
5. The Penal Code. The Committee notes that the definition of discrimination set out in section 454 of the Penal Code, as amended by the Act of 28 November 2006, continues to include all prohibited grounds listed in Article 1(1)(a) of the Convention. Recalling its previous comments that section 455 of the Penal Code did not penalize discrimination in respect of certain aspects of employment and occupation covered by the Convention, the Committee notes that the amended section 455, in line with the Committee’s previous comments, now also penalizes discriminatory acts relating to access to work, vocational training, working conditions and affiliation with or engagement in a workers’ or employers’ organization (section 455, point 7 of the Penal Code).
6. In relation to the above, the Committee requests the Government to provide, in its next report, information concerning the practical application of the non-discrimination and equality provisions contained in the Act of 28 November 2006, the Labour Code, the Penal Code as well as the civil service legislation, including information on any cases decided by the competent courts or dealt with by the labour inspectors. The Committee also requests the Government to provide information on the establishment, functioning and specific activities of the Centre for Equal Treatment during the reporting period.
7. Cooperation with the social partners. The Committee notes that under the Labour Code, collective agreements must include provisions reflecting the result of negotiations concerning measures to apply the principle of equality between women and men in undertakings or enterprises to which the agreement applies. In this regard, negotiations must be held concerning the adoption of gender equality plans (section 162-12, paragraph 4(4) of the Labour Code). The Committee requests the Government to provide information on the collective agreements concluded in accordance with this provision that promote and ensure equality of opportunity and treatment and to indicate any examples of equality plans adopted following collective negotiations.
The Committee is raising other points in a request addressed directly to the Government.
The Committee notes the information sent by the Government in its first report on the application of the Convention and in its additional report on sexual harassment. The Committee also takes note of the enclosed documents. It requests the Government to provide information on the following points in its next report.
1. Article 1(1)(a) of the Convention. Sexual harassment. The Committee notes with interest the Act of 26 May 2000 on protection from sexual harassment in relations at work, which contains a definition of sexual harassment covering the notions of quid pro quo sexual harassment and "hostile working environment" sexual harassment, and which affords protection in all employment contracts including those of interns, apprentices and students. It also notes that the Act requires employers to put an immediate end to all sexual harassment that comes to their notice, regardless of the perpetrator. The Committee notes that according to the Government, most disputes involving sexual harassment are settled out of court. It requests the Government to provide information in its next report on the application of the Act in practice, including its impact in terms of preventing sexual harassment, and on the number of court and other decisions given under the Act.
2. Prohibition of discrimination. The Committee takes note of section 454 of the Penal Code and its definition of discrimination as "any distinction made between natural persons by reason of their origin, skin colour, sex, sexual orientation, family status, health, disability, customs, political or philosophical opinions, trade union activities, their membership or non-membership, whether true or alleged, of an ethnic group, nation, race, or specified religion". The Committee observes that the definition does not appear to cover indirect discrimination. It also takes note of the Act of 8 December 1981 on equal treatment between men and women, which prohibits direct and indirect discrimination in employment and occupation. The Committee notes the bills to transpose Directive 2000/78/EC establishing a general framework for equal treatment in employment and occupation, and Directive 2000/43/EC implementing the principle of equal treatment between persons irrespective of racial or ethnic origin. The Committee observes that these bills cover direct and indirect discrimination in all areas of employment and occupation on the basis of religion, conviction, disability, age, sexual orientation, race and ethnic origin.
3. The Committee notes in this connection the draft Labour Code, which includes provisions on equality of opportunity and treatment between men and women. It observes that the draft Labour Code does not define or expressly prohibit direct and indirect discrimination on all the grounds established in the Convention in all areas of employment and occupation. It accordingly hopes that the Government will take advantage of the codification of labour legislation to incorporate such provisions. Meanwhile, it requests the Government to provide information on the application in practice of sections 454 et seq. of the Penal Code, and the legislation on equal treatment between men and women. Please also report to the Committee on developments in the process of enactment of legislation to incorporate the abovementioned European directives and of the Labour Code, and provide copies of the texts as soon as they are adopted.
4. Article 1(2). Inherent requirements of the job. The Committee notes that, under section 3(2) of the amended Act of 8 December 1981, the Government may, by a regulation of the Grand Duchy, after consultation of the relevant occupational chambers and the Committee on Women’s Work, establish the instances in which sex may be specified among the requirements for a job and where appropriate for training for the job or an occupational activity for which, owing to its nature or the circumstances in which it is performed, sex is a decisive requirement. The Government is asked to provide information on the measures taken under section 3(2) of the amended Act of 8 December 1981, and on their application in practice.
5. Article 1(3). Scope of the Convention. The Committee notes that section 455 of the Penal Code establishes penalties of imprisonment and/or fines for the forms of discrimination set forth in section 454 where they consist in hindering the normal performance of any economic activity, refusing to hire, sanctioning or dismissing a person, or subjecting a job offer to a requirement based on one of the grounds set out in section 454. The Committee notes that this provision does not cover discrimination in access to vocational training, access to occupation and conditions of employment. It requests the Government to indicate how discrimination based on race, colour, religion, political opinion, national extraction and social origin are prohibited in the areas of employment and occupation not dealt with in the Penal Code.
6. Article 2. Promotion of the national policy. The Committee notes the national action plan for employment and all the legislation giving effect to the principles of the Convention. It requests the Government to provide information on the activities conducted under the national policy to promote observance of the principles of equality of opportunity and treatment in respect of race, colour, sex, religion, political opinion, social origin and national extraction in employment and occupation, and on their impact in practice. The Committee would also be grateful if the Government would provide information on the activities of the Special Standing Committee on Racial Discrimination, the Committee on Women’s Work, the Inter-ministerial Committee on Equality Between Men and Women and the delegates in charge of equality, to promote the application of the Convention.
7. Article 3(a). Collaboration of the social partners. The Committee notes the adoption of the Act of 30 June 2004 on collective labour relations, and particularly section 20(4)(4), under which for framework agreements, employment and remuneration equality plans must be negotiated, with a view to applying the principle of equal treatment for men and women. The Committee would be grateful if the Government would provide information on the adoption of these equality plans and on their practical impact, and to send copies of them. It further requests the Government to indicate the measures taken or envisaged to obtain the cooperation of the social partners in order to encourage acceptance of the national policy in regard to the other grounds of discrimination set forth in the Convention.
8. Article 3(b). Information campaigns. The Committee notes that according to the Government’s report, in 2003 a campaign was organized to inform and sensitize public opinion about non-discrimination at work. The Committee requests the Government to provide information on the activities carried out in this campaign and their impact in practice. The Committee also notes that the Government’s report mentions the associations "MOBBING asbl" and "STRESS asbl", which have been created to inform the public about sexual harassment.
9. Article 3(d). Employment in the public sector. In the absence of any information from the Government on this matter, the Committee requests it to indicate in its next report how the principles of equality of opportunity and treatment in employment and occupation are applied to public sector or similar workers.
10. Article 3(e). Vocational training. The Committee requests the Government to provide information in its next report on the measures taken or envisaged to ensure application of the Convention’s principles in the activities of the vocational training and placement services under the direction of the national authority.
11. Article 4. Measures against persons suspected of activities prejudicial to the security of the State. The Committee requests the Government to provide information on the provisions that regulate the employment or occupational activity of the persons referred to in Article 4, and the means of redress available to these persons.
12. Article 5. Special measures. The Committee notes that section XXVII of the amended Act of 12 February 1999 on the implementation of the National Action Plan for Employment, 1998, allows positive action involving specific advantages to facilitate the exercise of an occupational activity by the sex that is under-represented or to prevent or compensate disadvantages in a career. The Committee would be grateful if the Government would provide information on the positive action taken under section XXVII.
13. Parts IV and V of the report form. Judicial decisions and statistical information. The Committee requests the Government to provide information in its next report on administrative and judicial decisions on cases of discrimination on the grounds set forth in the Convention. It also requests the Government to provide reports and statistical information, disaggregated by sex, race, ethnic origin and religion, in all areas of vocational training and employment, together with any information allowing the Committee to ascertain the manner in which the Convention is applied in practice.