Observation (CEACR) - adoptée 2011, publiée 101ème session CIT (2012)

Convention (n° 111) concernant la discrimination (emploi et profession), 1958 - Albanie (Ratification: 1997)

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Observation

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Legislative developments. The Committee notes with interest the adoption of the Protection from Discrimination Law (No. 10221, 4 February 2010) which prohibits discrimination in a range of areas, including employment, education and the provision of services. The Committee notes in particular that discrimination is prohibited on a wide range of grounds, namely gender, race, colour, ethnicity, language, gender identity, sexual orientation, political, religious or philosophical beliefs, economic, education or social situation, pregnancy, parentage, parental responsibility, age, family or marital condition, civil status, residence, health status, genetic predispositions, restricted ability, affiliation with a particular group or “any other reason” (section 1), many of which are additional grounds, as foreseen in Article 1(1)(b) of the Convention. The Law also defines direct and indirect discrimination (section 3) and covers all areas of employment, including job advertisements, recruitment and the treatment of employees in the workplace (section 12). The Committee also notes that the Law establishes the position of Commissioner for Protection from Discrimination (section 21) which has a broad mandate, including to examine complaints, perform administrative investigations, impose administrative sanctions, sensitize and inform the population about the principle of equality and non-discrimination and monitor the application of the Law (section 32). The Committee notes further that complaints of violations of the Law can be brought by persons or groups of persons claiming to have been discriminated against, or from organizations acting on behalf of such individuals or groups, with their written consent (section 33). For cases of violations of the Law brought before the court, section 36 provides for the shifting of the burden of proof once the plaintiff submits evidence upon the basis of which the court may presume discriminatory behaviour. The Committee asks the Government to provide information on the application in practice of the Protection from Discrimination Law, including the activities carried out by the Commissioner for Protection from Discrimination and the number and nature of complaints examined and the outcome thereof, as well as details regarding any proceedings brought before the court pursuant to the Law.

The Committee is raising other points in a request addressed directly to the Government.