Demande directe (CEACR) - adoptée 1990, publiée 77ème session CIT (1990)

The Committee notes the information supplied by the Government in reply to its previous direct request. It notes, in particular, the information on the measures which make it possible to ensure that there is no discrimination in access to employment in the private sector on grounds of political opinion.

1. The Committee notes with interest the information and documents provided by the Government concerning the measures taken to ensure equality for men and women in employment. It notes in particular the report submitted in 1988 to the Higher Council of Occupational Equality concerning the implementation of the Act of 1983 respecting occupational equality for men and women in both public administrations and establishments and in the private sector, including the agricultural sector (second report on action undertaken in this area), which shows the increase in the number of women who have participated in educational guidance and vocational training activities financed by the State, the regional councils and enterprises, and the increased participation of women in skilled employment. The Committee asks the Government to continue to supply information on this subject, particularly on the measures taken to narrow the gap that still exists between men and women with regard both to remuneration and access to skilled jobs - particularly in areas where women are not traditionally employed - and to high-level posts in the public and private sectors. The Committee also notes the information provided by the Government concerning the implementation of the principle of equality in occupation in collective agreements and in mixed employment contracts which are established with financial aid from the State with a view to facilitating the recruitment, transfer or promotion of women particularly in small- and medium-size enterprises. The Committee would like to receive particulars of the practical results obtained in this area, and the text of the above-mentioned collective agreements containing clauses on occupational equality between workers of the two sexes.

2. In its previous direct request, the Committee referred to Act No. 83-634 of 13 July 1983 laying down the rights and duties of public servants, and to section 21 of Act No. 84-16 of 11 January 1984 laying down legal provisions respecting the state public service, under which different recruitment procedures may be organised for men and women if sex is a deciding factor in the exercise of the duties performed by persons in these jobs. The Committee therefore requested the Government to supply the Decrees in force establishing the list of the duties reserved for public servants of one or other sex. Since the Government's report does not contain the texts requested, the Committee again expresses the hope that they will be provided with the next report, along with a copy of the most recent biennial report submitted to Parliament (provided for under section 21 of Act No. 84-16) on the measures taken to guarantee observance of the principle of the equality of the sexes in all grades of the public service.

3. With regard to jobs or occupational activities in the private sector, for the exercise of which sex is a deciding factor, the Committee notes the list of such jobs established by the Decree of 23 March 1983 which the Government has communicated. Having noted, however, that a job vacancy published in a widely circulated daily newspaper for a post which is not included in the above list was addressed only to male candidates, it asks the Government to indicate the measures taken to guarantee the application, in practice, of section L.123-1 of the Labour Code, under which it is illegal to refer or have reference made in an offer of employment or in any other form of publicity relating to recruitment, to the sex of the desired candidate, except where the fact of belonging to either sex is the determining condition for the exercise of such employment.

4. With regard to Article 4 of the Convention, the Committee again asks the Government to indicate any legislative or administrative measures and any national practices affecting the employment or occupational activity of persons who individually are legitimately suspected of engaging in activity which is prejudicial to state security, or for whom it has been established that they are in fact so engaged, and to provide details on the means of appeal available to such persons.

5. The Committee notes with interest the Ministerial Circular of 6 July 1989 concerning the employment in the public service of persons infected with the human immuno-deficiency virus (HIV) and asks the Government to indicate whether any similar recommendations have been prepared concerning the employment of such persons in establishments in the private sector.

6. The Committee also notes with interest from the eighth report submitted to the United Nations Committee on the Elimination of Racial Discrimination (CERD/C/148, Add.3, 1988), the action undertaken by the Government to combat racism, and in particular the measures taken with regard to education and vocational training, with a view to ensuring that the immigrant population is better integrated into the world of work. The Committee hopes that the Government will pursue its efforts in this area and will continue to provide information on the difficulties encountered and the results obtained.