Observation (CEACR) - adoptée 2002, publiée 91ème session CIT (2003)

1. The Committee notes with interest the adoption of the revised Constitution of 18 April 2001, in particular article 116(2) which provides that "the adoption of positive measures for promoting equality between men and women does not constitute discrimination on the basis of sex" and that "the State shall attend to the elimination of inequalities actually existing, especially to the detriment of women". The Committee looks forward to receiving information on any positive measures taken for promoting equality of opportunity and treatment between men and women with respect to employment and occupation. 

2. In its previous observation, the Committee expressed concern over section 12 of Act No. 2713/1999 respecting the Internal Affairs Service of the Greek police which provided justification for the numerical restrictions imposed by Act No. 2226 of 13 December 1994 concerning the percentage of women admitted to the police school (a maximum of 15 per cent) and the fire brigade school (a maximum of 10 per cent). This meant that 85-90 per cent of the posts outside those for which percentages had been fixed, corresponded to functions which, according to section 12, "require such qualities as physical strength, rapidity and endurance which, by common sense and experience, only men possess in view of their biological characteristics". The Committee was of the opinion that the exclusion of women from 85-90 per cent of the jobs in the police and fire brigade - on grounds that they have not the necessary physical strength and endurance - demonstrated an absence of an in-depth examination of each case on the basis of the individual capacities of applicants and reflects archaic and stereotyped concepts with regard to respective roles and abilities of men and women. The Committee asked the Government to consider removing these restrictions to women and undertake an in-depth re-examination of the "qualities required for a specific job" in the police and fire-brigade services.

3. The Committee notes the Government statement that, following decision 1917/1998 of the State Council, in order to be conform to the Constitution (article 4, paragraph 2, and article 116, paragraph 2) as well as the EU Directive 76/207/CEE, a non-application of the principle of equality between men and women with respect to equal access to employment has to be expressed by a legal provision which states in detail the activities and the tasks concerned and which is established based on common experience and concrete criteria related to the concrete conditions for exercising the posts in question and not to certain posts or activities in general. The Committee notes the explanations by the Government but recalls that the exception of inherent requirements of the job provided under Article 1, paragraph 2, of the Convention has to be interpreted restrictively and that distinctions, exclusions or preferences in respect of a particular job based on the inherent requirements thereof should be determined objectively without reliance on stereotyped thinking and negative prejudices about men’s and women’s roles, and really take into account the individual capacities of each candidate for a specific job, rather than being extended to all the jobs in a sector of activity. It may well be in practice that some women will not be able to satisfy the inherent requirements of particular posts in the fire brigade and the police service. But this is a question that must be answered in the description of the individual post and in the qualifications of the candidates without reliance on absolute exclusions. To maintain such exclusions of women for 85-90 per cent of the posts in the services is not in conformity with the Convention.

4. Noting also with some concern that the complaints submitted to the Office of the Ombudsman, copies of which have been supplied by the Government, concerning equal access of men and women to jobs in the public service indicate a prevailing trend towards the exclusion of women to posts such as cleaners and drivers, the Committee urges the Government to undertake an in-depth re-examination of the concept of the "qualities required for a specific job", as it is currently applied in the police force and fire brigade. It hopes that such an examination will objectively take into account: (a) the essential requirements inherent in each category of jobs designated by name; (b) the competence of the individual assigned to carrying out such functions; and where possible (c) the reasonable adaptations which are necessary (that is, which would not impose an excessive burden in terms of cost or inconvenience for the operation of the institutions concerned) to enable women who so wish to have access to certain functions in the police and the fire brigade. The Committee requests the Government to provide detailed information in its next report on any measures taken or envisaged in this regard and hopes that the Government will consider removal of the above-mentioned restrictions on the employment of women so as to allow all men and women to compete individually for the posts in question. 

The Committee is addressing a request directly to the Government on certain other matters.