Demande directe (CEACR) - adoptée 2004, publiée 93ème session CIT (2005)

1. Article 1(1)(a) of the Convention. Sexual harassment. The Committee refers to its general observation of 2002 and reiterates its request to the Government to continue to provide information on any legislative developments as well as other measures taken or envisaged to combat sexual harassment in the workplace. Please also indicate whether any steps have been taken by the social partners to include more specific anti-sexual harassment provisions in the national collective agreements.

2. Articles 1 and 2. Anti-discrimination legislation. The Committee notes from the Government’s report to the European Commission against Racism and Intolerance (ECRI (2004) 24) that a Bill has been developed outlawing direct and indirect discrimination in all fields, including employment, and introducing certain mechanisms aimed at punishing discrimination. The Committee hopes that the Bill will take into account the provisions of the Convention and asks the Government to supply information on any developments with respect to its adoption.

3. Article 2. Measures to implement the national policy as regards equality between men and women. In its previous comments the Committee had noted the numerous activities to promote women’s access to employment and vocational training, including the "EQUAL" initiative and the "OLYMPIAS" programme as well as the positive measures on equality, training of labour inspectors and legislative regulation under the National Action Programme on Equality, and had requested information on the impact of these initiatives on the marked gender division in certain sectors of employment and on the promotion of equality between men and women in employment and occupation. The Committee notes the enumeration in the Government’s present report of the various programmes, in particular the Community Support Framework Programmes, to promote women’s entrepreneurship and their access to vocational training and guidance, distance learning and employment. While appreciating this information, the Committee must point out that in the absence of any evaluation by the Government on the effectiveness of these and other programmes previously mentioned as to the employment of women in a wider variety of jobs and occupations, including in sectors primarily dominated by men, it is unable to monitor and assess the progress made under the Convention. The Committee, therefore, strongly encourages the Government to undertake such an evaluation and to provide information on the progress made in its next report.

4. Measures to implement the national policy as regards race and national extraction. In its previous comments the Committee had noted the various programmes such as EQUAL, the Community Initiation Programme "EMPLOYMENT" and the Operational Programme "Fighting Social Exclusion in the Labour Market" aimed at the social and economic integration of immigrants, refugees, repatriated people, as well as the Roma in the labour market. While appreciating these initiatives, the Committee was nevertheless interested in the reasons for the relatively low level of success of some of these programmes, and any measures taken to increase the number of men and women belonging to these groups that find employment. The Committee notes in this regard that the Government enumerates in its present report the various actions planned or taken by the General Secretariat of Adult Education to integrate immigrants, refugees, repatriated people, Roma and other socially excluded groups in the labour market through adult education and vocational training. Noting also from the ECRI report that the Government has drawn up a new Integrated Action Programme for Greek Roma for the period 2003-08 which covers, among others, employment, vocational training and education, the Committee hopes that the Government will be in a position to provide an evaluation of progress achieved in the programme in its next report and to provide information on the specific activities, and the results achieved, carried out under the Integrated Action Programme programmes, including initiatives to increase the level of awareness at the local level of the discrimination on the basis of race and national extraction.

5. Measures to implement the national policy as regards ethnic origin and religion. The Committee notes from the ECRI report that the Muslim minority in western Thrace, most of whom identify themselves as of Turkish origin, are facing problems with respect to access to employment. The report also indicates that children from the Muslim community appear not to have the same chances in succeeding in the education system which has repercussions on subsequent employment opportunities. The Committee notes that the Government has introduced a programme aimed at promoting equal opportunities in access to employment for members of the Muslim minority and that private initiatives have focused on access to employment for Muslim women who are particularly disadvantaged. It asks the Government to provide information: (i) on the number of men and women that have participated in the programmes and the impact on their employment situation; and (ii) the measures taken or contemplated to increase the chances of girls and boys from the Muslim community in succeeding their education.

6. Article 3(d). Access of women to the public service. The Committee notes from the statistics provided by the Government for the year 2000 that the number of women holding managerial posts has increased by 3.4 per cent and that participation rate of women in the highest posts of director general was about 30 per cent. By contrast, the statistical data for the same year on permanent employees in local government administrations show, on the one hand, that women only held 16.4 per cent of the directors posts and, on the other hand, that the primary education graduates hired or promoted in grades B and C - the highest grades for primary education graduates - were primarily men (with female primary education graduates occupying only 6 and 9 per cent respectively of the posts in grades B and C). The Committee notes the Government’s statement that family responsibilities and the previously imposed mandatory retirement for women after 15 years of service have been the main reasons for women not to apply for higher graded posts. The Committee, therefore, recalls the importance of promoting measures to facilitate reconciliation of work and family responsibilities in order to promote application of the Convention. It requests the Government to indicate the specific measures taken or envisaged to promote the access of women to higher graded posts in the public sector and to assist them in reconciling their work and family responsibilities. Please also provide more recent data on the employment of men and women so as to enable the Committee to assess the progress made over subsequent years.

7. Article 5. Affirmative action. The Committee notes the absence of a reply by the Government with respect to its previous comments on the application of article 116(2) of the Constitution regarding the adoption of positive measures for promoting equality between men and women, and the relevance of the case law of the Council of State regarding such positive measures to acts that are discriminatory on the basis of race, colour, descent, national or ethnic origin. It, therefore, reiterates its previous requests to the Government to supply information on any positive measures taken with a view to achieving equality in employment and occupation not only between men and women but also with respect to the other grounds covered by Convention No. 111.

8. Part IV of the report form. Enforcement. The Committee reiterates its request to the Government to provide information on: (1) any activities undertaken by the National Human Rights Commission to combat discrimination on the basis of race, national extraction and religion; and (2) any complaints received by the ombudsman or judicial decisions that throw light on the application of the national policy to promote equality in employment and occupation with respect to these particular grounds. Please also provide information on any application of circular order 94345/14612 concerning the application of Act No. 2910/2001 with respect to cases of racial discrimination in employment and occupation.

9. Part V of the report form. Information on practical application. Please provide copies of collective agreements for the public service which have been adopted in application of Act No. 2738/1999, and copies of collective agreements applicable to the private sector