Demande directe (CEACR) - adoptée 1991, publiée 78ème session CIT (1991)

The Committee notes the detailed information and documentation supplied by the Government in reply to its previous comments.

1. The Committee recalls its previous comments on the question of equality of rights between men and women as regards the retirement age and the payment of early old-age pensions; it also recalls the Government's indications concerning amendments to the statutes of insurance funds to promote equality as well as concerning draft legislation to abolish all special protective measures relating to the employment of women with the exception of those concerning maternity, and to protect all workers with family responsibilities without distinction on grounds of sex. In its current report, the Government states that the results of the consultations concerning the draft legislation are currently being analysed and that it will keep the Committee informed of the outcome of these consultations.

While noting this statement, the Committee observes that, in a message concerning the tenth revision of the old-age and survivors' insurance scheme AVS (Feuille fédérale No. 15, Volume II, 17 April 1990), the Government states, with the support of figures demonstrating the inequality in vocational training and employment of which women are the victims, that "the constitutional principle of equality of rights between men and women is far from being a reality" and that, in these conditions, an increase in the retirement age of women would appear to be difficult to achieve on the political level. The Federal Council is, however, of the opinion that the next important revision of the AVS must deal with the question of harmonising the retirement ages of men and women. The Committee requests the Government to keep it informed of any developments in this respect.

2. In relation to the agricultural sector, the Committee notes with interest that, according to the Government's report, the Ordinance respecting training in home economics, of 27 November 1989, came into force on 1 January 1990. The Committee notes that this text makes no distinction between the sexes in its wording. It requests the Government to keep it informed of the effect given in practice to these new provisions, and of any positive measure or activity that is undertaken with a view to promoting equality of opportunity in this field, in accordance with the Convention.

The Committee also notes that, according to the Government's report, the proportion of women participating in vocational training is slightly higher, although the proportion of men undertaking further training is still predominant, with the exception of occupations in which women are traditionally employed. In this connection, the Committee notes the adoption of the Federal Order of 23 March 1990 on special measures to promote further training, which are intended to encourage further training under certain conditions and for a six-year period through the grant of subsidies (in the overall budget one item is specifically for women and foreigners while another is for vocational reintegration). The Committee notes with interest the Government's statement that certain projects that will be undertaken to follow up these special measures could achieve greater equality between men and women. The Committee requests the Government to keep it informed of developments in the situation in this regard.

3. The Committee recalls its comments concerning the provisions of the Federal Act respecting the conditions of service of officials in relation to: (a) the special conditions respecting appointment to various posts (section 4(3) of the conditions of service, as amended), and (b) the restrictions on the activities of officials respecting associations (section 13(2) of the above conditions of service), having regard to the application of Article 4 of the Convention. The Committee notes the information supplied by the Government in this connection.

The Committee notes that, according to the Government, an official who is dismissed from his duties by virtue of section 13(2) of the conditions of service of officials has the possibility to appeal to the law courts. The Committee requests the Government to supply details in this connection, namely on the manner in which it is determined that the objectives or the means used by the association of which the official is a member are of an illegal nature or of such a nature as to prejudice the security of the State, and on cases in which this section is applied. The Committee also requests the Government to supply any judicial ruling that has been handed down under this provision.