Solicitud directa (CEACR) - Adopción: 2008, Publicación: 98ª reunión CIT (2009)

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:

1. Legislation. The Committee notes from the Government’s report under the Equal Remuneration Convention, 1951 (No. 100), that the Factory Regulations, 1948 are still in force. Noting that the Regulations contain provisions excluding women from certain jobs contrary to the Convention, the Committee requests the Government to indicate whether the Factory Regulations, 1948 will be repealed by the new Labour Code.

2. Exceptions based on inherent requirements of the job. The Committee recalls that section 5(2)(g) of the Equality of Opportunity and Treatment in Employment and Occupation Act of 2000 provides for an exception to the principle of non-discrimination where the holder of the job provides persons with personal services promoting their health, welfare or education, and those services can most effectively be provided by a person of a particular sex. In reply to the Committee’s previous comments regarding this provision, the Government states that this exception is practised only in a very few cases, i.e. where females are preferred for jobs as babysitters and housekeepers. The Committee is concerned that section 5(2)(g) may reflect a gender-biased assumption that certain services in the area of health, welfare or education are more effectively provided by persons of a particular sex and that its application may lead to exclusions from employment contrary to the principle of equality as defined in the Convention. The Committee requests the Government to repeal or amend section 5(2)(g) in order to ensure conformity with the Convention, in law and in practice. Please provide information on any measures taken or envisaged in this regard.

3. Practical application. The Committee notes from the Government’s report that information material on discrimination has been prepared, the Equality of Opportunity and Treatment in Employment and Occupation Act has been disseminated and labour officers have given lectures to trade unions and managements of companies. The Committee requests the Government to continue to provide information on the measures taken or envisaged to promote equality of opportunity and treatment in the private and public sectors through awareness raising, training and other practical measures. Please also provide information on any court cases concerning employment discrimination brought under the Act.