Demande directe (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

Article 1, paragraph 1, of the Convention. Sexual harassment. The Committee notes with interest that, pursuant to the amendments to the Law on Equal Opportunities for Women and Men adopted on 18 December 2007, sexual harassment is now expressly included in the definition of discrimination contained in section 2(2) of the Law. It recalls that, under section 5 of the Law, employers are required to take appropriate measures to prevent sexual harassment of employees and it understands that, where an employer fails to comply with the obligation set out in this provision, the employees can refer the matter to the Equal Opportunities Ombudsperson. The Committee requests the Government to provide detailed information on the application of section 5 of the Law on Equal Opportunities for Women and Men in practice, including information on any cases referred to the Ombudsperson and the outcome thereof. Please also provide information on any measures taken or envisaged to prevent and eliminate sexual harassment at the workplace and on any complaints of sexual harassment lodged with the competent authorities.

Article 1, paragraph 1(b). Persons with disabilities. Noting the adoption of the National Programme for Social Integration of the Disabled, the Committee requests the Government to provide information on any measures taken under this programme to promote equality of opportunity and treatment in employment and occupation of disabled persons and their impact.

Article 1, paragraph 2. Inherent requirement of the job. The Committee notes from the Government’s report that under section 9 of the Law on Public Service a good command of the state language is required to be admitted to the position of civil servant. The Committee also notes that requirements regarding religion can be established for the staff of religious communities, societies and centres. The Committee further notes that under section 2(4) of the Law on Equal Opportunities for Women and Men a different treatment between men and women is not deemed to be discriminatory when a certain job can be performed only by a person of a particular sex where, due to the nature of a specific professional activity or the conditions of its fulfilment, the sex of the person is an essential (unavoidable) and determinant professional requirement. The Committee requests the Government to provide examples of cases where the abovementioned provisions have been applied and information on any relevant judicial or administrative decisions handed down in this regard. The Committee also again requests the Government to indicate any legal provisions establishing requirements regarding participation in political activities as mentioned in section 2(3) of the Act on Equal Treatment.

Article 2. Equality of opportunity and treatment irrespective of race, colour and national extraction. The Committee notes from the Government’s report that about 38 per cent of the Roma living in the country lack knowledge of the state language, which impairs their access to vocational training and employment, and that 75 per cent of the Roma pupils only acquire primary education. The Committee notes that under the Programme for the Integration of the Roma Community (2008–10) various measures have been envisaged for the purpose of promoting access to education of Roma children, offering targeted vocational training for the unemployed, providing teaching of the state language and offering labour market-related counselling. The Committee also notes that a Strategy for the Development of a Policy on National Minorities was approved in 2007, the main objectives of which are promoting the education of members of national minorities with a view to facilitating their integration in the labour market and supporting their efforts to retain their languages, customs and traditions. The Committee requests the Government to provide detailed information on the measures taken under the Programme for the Integration of the Roma Community and the Strategy for the Development of a Policy on National Minorities and their impact on promoting equality of opportunity and treatment in employment and occupation of minority groups, including the Roma. Please also indicate whether the groups concerned have been consulted in connection with the development and implementation of these initiatives. The Committee further reiterates its request for statistical information on the employment situation of the various ethnic groups existing in the country.

Equality of opportunity and treatment of men and women. The Committee notes the statistical data provided by the Government in its report concerning the distribution of men and women in the various positions of the civil service. It notes that, while women represent 72 per cent of the civil servants, only 0.78 per cent of them hold high-level positions. In this regard, the Committee notes the concerns expressed by the Committee on the Elimination of Discrimination against Women regarding the existence of significant vertical and horizontal occupational segregation between men and women in the labour market (CEDAW/C/LTU/CO/4, 18 July 2008, paragraph 20) and the discrimination suffered by vulnerable groups of women, including Roma women and migrant women, with respect to education and employment (paragraph 28). The Committee notes that under the second State Programme on Equal Opportunities for Women and Men (2005‑09) various measures have been taken to promote equality of opportunity between men and women in employment, including measures designed to foster the reconciliation of family and professional life, to change traditional stereotypes regarding women’s and men’s role in society, to enhance employment opportunities for women returning to the labour market after a long break and to increase women’s opportunities to start their own businesses. The Committee requests the Government to provide information on any measures taken or envisaged to address the horizontal and vertical occupational segregation between men and women in the labour market, including measures aimed at promoting women’s access to a wider range of jobs and providing them with a wider choice of educational and vocational opportunities. The Committee also requests the Government to indicate whether any specific measures are being taken or envisaged to promote equality of opportunity and treatment in respect of vulnerable groups of women. Please also continue to supply information on the implementation of the State Programme on Equal Opportunities for Women and Men and its impact on the application of the Convention.

Vocational training. The Committee notes the Government’s indication that no measures were taken to promote equal opportunities in respect of vocational training since the legislation in force does not provide for any discrimination in this regard, guaranteeing equal rights. The Committee considers that the absence of discriminatory provisions in itself does not ensure in practice the full application of the Convention. In this regard, it recalls that Article 2 of the Convention requires ratifying States to declare and pursue a national policy designed to promote equality of opportunity and treatment in respect of employment and occupation with a view to eliminating any discrimination in respect thereof and that this policy also needs to cover access to vocational training and education. The Committee therefore requests the Government to provide information on the specific measures taken to promote equality of opportunity and treatment in respect of access to vocational training, irrespective, in particular, of sex, race, colour, national extraction and social origin, with a view to achieving equal access to such training of all segments of the population. Please also provide statistical information on the number of women and men enrolled in vocational training courses, disaggregated, as far as possible, by ethnic origin.