Observation (CEACR) - adoptée 2020, publiée 109ème session CIT (2021)

Repetition

Articles 3 and 6 of the Convention. National policy. Information and education. The Committee recalls that, according to Article 3 of the Convention, “with a view to creating effective equality of opportunity and treatment for men and women workers, each Member shall make it an aim of national policy to enable persons with family responsibilities who are engaged or wish to engage in employment to exercise their right to do so without being subject to discrimination and, to the extent possible, without conflict between their employment and family responsibilities”. Such measures belong in the context of the broader issue of gender equality. It is essential, therefore, that the policy be designed not only to eliminate all discrimination against workers with family responsibilities in law and practice, but that active measures should be taken to promote the principle of equality of opportunity and treatment for workers with family responsibilities in all areas of employment and occupation (see General Survey of 1993 on workers with family responsibilities, paragraphs 54–59). For almost 20 years, the Committee has been emphasizing that “family responsibilities” are not among the grounds of discrimination expressly prohibited by the Labour Code. The Committee notes the Government’s indication, in its report, that it will take steps to enable men and women with family responsibilities to enjoy their rights. Recalling that there is still no national policy concerning workers with family responsibilities, the Committee urges the Government to take the necessary measures, in law and practice, to ensure that men and women workers with family responsibilities who so wish are able to access employment or be engaged in employment without discrimination and, if possible, without conflict between their employment and family responsibilities, including: (i) by expressly prohibiting in the Labour Code any discrimination on the basis of family responsibilities in all forms of employment and occupation, including at the recruitment level; (ii) by allowing workers with family responsibilities to be informed of their rights and to assert them; and (iii) by adopting a combination of support measures and public information and awareness-raising measures on the problems that workers with family responsibilities face, as well as measures to promote mutual respect and tolerance within the population.