Solicitud directa (CEACR) - Adopción: 2009, Publicación: 99ª reunión CIT (2010)

Articles 1 and 2 of the Convention. Sexual harassment. The Committee notes that according to the Government’s report, 1,071 convictions were pronounced in 2007 regarding section 105 of the Penal Code which makes sexual harassment a criminal offence, and proceedings are being initiated on the basis of complaints received from victims. Recalling its previous comments regarding the fact that provisions addressing sexual harassment are included in sections 24 and 25 of the Labour Code and section 105 of the Penal Code, the Committee reiterates its request to the Government to elaborate on the meaning of the term “sexual harassment” used in the Labour Code and the Penal Code, given that these laws do not define the term. Considering the considerable number of convictions under section 105 of the Penal Code, the Committee asks the Government to indicate how many of these cases related to sexual harassment at the workplace, and also to provide information on any measures taken to prevent sexual harassment through practical and promotional means.

Equality of opportunity and treatment in employment and occupation irrespective of race, colour and national extraction. The Committee requests the Government to provide information on the situation in employment and occupation of non-Muslim minorities, as well as Turkish citizens of Kurdish and Roma origin. Please indicate the measures taken to promote and ensure their equal participation in employment and occupation.

Article 5. Special measures of protection. The Committee notes that under section 79 of the Labour Code an employee shall not be permitted to work where his or her age, sex or health is incompatible with the employment in the establishment. The Committee requests the Government to provide detailed information on the cases in which the employee’s age, sex or health is considered incompatible with employment in a specific establishment.