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

Repetition

Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. The Committee recalled that it had asked the Government to provide information on the definition of sexual harassment at work, the sanctions imposed and the remedies available. The Committee notes the Government’s indication that “actions that constitute sexual harassment can be committed by means of words, written notes or behaviours, but it is sought that these words, notes and behaviours be made with sexual intent”. The Government adds that the law does not separately define sexual harassment in the workplace, but regards the fact of taking advantage of the workplace or the superior–subordinate relationship as an “aggravating cause” for sexual harassment (article 105 of the Criminal Code). The Government also provides examples of messages or expressions that have been considered as constituting sexual harassment by the Supreme Court (decisions 2014/10982 and 2012/11112) and explains that the Supreme Court defines sexual harassment also as “acts performed with words and behaviours and without physical contact”. The Government also indicates that “actions that involve physical contact and exceed the sexual harassment scale have also been imposed as ‘sexual assault … crime’” under the Criminal Code. It adds that the Code of Obligations (art. 417) provides that “the employer is responsible for taking the necessary measures to prevent psychological and sexual harassment and … further damage to those who have been subjected to such harassment”. According to the Government, measures to protect workers from sexual harassment are also required by Law No. 5547 on approval of the Social Charter (Revised). The Committee welcomes the inclusion in the Law on the Human Rights and Equality Institution of Turkey (Law No. 6701) of a definition of the term “harassment”, as follows: “any painful, degrading, humiliating and disgraceful behaviour which intends to tarnish human dignity or lead to such consequence based on one of the grounds cited in this law [i.e. gender, race, colour, language, religion, faith, sect, philosophical or political opinion, ethnic origin, wealth, birth, civil status, medical condition, disability or age], including psychological and sexual harassment” (article 2). It further notes that “harassment” is considered as a “type” of discrimination falling under the scope of the law. The Committee therefore understands that article 6 of the Law concerning employment and self-employment – which provides, inter alia, for the prohibition of discrimination by the employer or a person authorized by the employer – also applies to harassment. It also understands that the Human Rights and Equality Institution is empowered to examine harassment cases ex officio or upon application (article 9(1)). The Committee asks the Government to confirm that the provisions of article 6 of the Law on the Human Rights and Equality Institution applies to harassment, including sexual harassment and that the Institution may deal with complaints for harassment. The Government is also asked to confirm that article 6 effectively prohibits both quid pro quo and hostile environment sexual harassment against men and women workers in the public and private sectors, including domestic workers. The Committee asks the Government to consider including in the Labour Law and the Public Servants Law (Law No. 657) explicit legal provisions covering all workers and expressly defining and prohibiting both quid pro quo and hostile environment sexual harassment against men and women workers in the public and private sectors, including domestic workers, and providing for effective mechanisms of redress and remedies, and appropriate sanctions. It also asks the Government to provide detailed information on the practical measures taken at the national or local level, such as awareness-raising campaigns and specific training for labour inspectors, by employers, workers and their organizations respectively to prevent sexual harassment. The Government is also asked to provide information on the number of complaints of sexual harassment referred to the competent authorities, including criminal cases, and their outcome.

Article 1(2). Inherent requirements of the job. The Committee notes that, pursuant to article 7(1)(a) and (b) of Law No. 6701 of 2016, “different treatment which is in line with the purpose and proportionate in the case of professional exigencies, during employment and self-employment” and “cases where only persons from a single gender should be employed” shall not be deemed discrimination. The Committee asks the Government to specify the jobs to which these provisions relate, in particular with regard to gender, and to provide information on any judicial decisions by the courts in this regard.

Article 2. Equality of opportunity and treatment in employment and occupation irrespective of race, colour and national extraction. Minorities including Roma. The Committee recalls that it requested that the Government provide information on any measures adopted or activities undertaken to address the situation of minorities and on the impact of these measures on the inclusion of minorities in the labour market. The Committee notes that in its report, the Government refers to the “Improving Social Integration and Employability of Disadvantaged Persons Grant Scheme”, which focuses on organizing vocational training to increase employment opportunities throughout the country and to provide entrepreneurship training, and counselling, rehabilitation and guidance services. The Government adds that the first part of the grant component has been allocated to schools, universities, municipalities and associations that have submitted and accepted project proposals for the improvement of the employability of Roma persons (€5 million for 46 projects in 20 provinces). As regards the Roma, the Committee notes from the 2016 report of the European Commission against Racism and Intolerance (ECRI) that “Roma children suffer from low school enrolment rates, absenteeism, early drop out and school segregation”. The ECRI adds that “Roma encounter enormous difficulties in the labour market due to discrimination and social exclusion. As a result, unemployment is high and they mostly work in unqualified, unstable and insecure jobs” (CRI(2016)37, adopted on 29 June 2016). The Committee notes from the Government’s comments on this ECRI report that the “National Strategy on Social Inclusion of Roma Citizens for the period 2016–2021” and its Action Plan, which relate to education, employment, housing, health, social assistance and social support services, were adopted on 26 April 2016. The Government adds that “the National Roma Integration Strategy, inter alia, aims to increase the effectiveness of social inclusion policies, to enhance access to general public services, to combat discrimination and to prevent hate crimes and to ensure social participation with strengthened civil society” and that “basic implementation principles such as anti-discrimination, equal treatment, participation of civil society, regional policy approach are set forth as the strategic targets”. The Committee also notes that, in its concluding observations, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) expressed concern “about the persistent disadvantaged situation of Kurdish women that is exacerbated by prejudice against their ethnic and linguistic identity, leading to their further marginalization with respect to their civil, political, economic, social and cultural rights” and called upon Turkey “to address the inequalities faced by Kurdish women, which are compounded by the intersecting forms of discrimination to which they are subjected” (CEDAW/C/TUR/CO/7, 25 July 2016, paragraphs 12–13). The Committee asks the Government to ensure that children and youth from the Roma community and any other minority groups, including the Kurd minority group, have access to quality education and vocational training, and to take effective measures to fight against racial discrimination, prejudices and negative stereotypes suffered by these minorities. The Committee asks the Government to specify the “disadvantaged persons” – in addition to Roma persons – targeted by the above mentioned Grant Scheme and to provide more detailed information on the concrete steps taken in this framework to increase their employment opportunities in the labour market and on the results achieved. In this regard, the Government is asked to provide information on the measures adopted and practical steps taken, and on any formal interim assessment conducted of the results achieved through the National Strategy on Social Inclusion of Roma Citizens. The Committee also asks the Government to indicate if any specific measures are taken to address discrimination against women from minority groups and to improve their situation with respect to access to education, vocational training and employment.

General observation of 2018. Regarding the above issues and more generally, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Article 5. Protection measures. Employment restrictions for women. The Committee recalls that measures aimed at protecting women generally because of their sex or gender, based on stereotypical perceptions about their capabilities and appropriate role in society, are contrary to the Convention. The Committee asks the Government to provide information on any regulation issued by the Ministry of Labour, under section 85 of the Labour Code, specifying “the categories of arduous or dangerous work in which … women may be employed”.

Information, awareness-raising and enforcement. The Committee notes the Government’s indication that the Committee on Equality of Opportunities for Women and Men of the Grand National Assembly of Turkey, which was established in 2009, has the authority to examine bills, receive petitions and complaints from citizens, “investigate social problems”, and organize public information and awareness-raising events. The Committee further notes that the Government indicates that within the framework of the National Employment Strategy for 2017–2019, under the chapter on the promotion of the employment of groups in need of specific policies, “measures will be taken to prevent discriminatory practices that employees are exposed to in the labour market” and “awareness-raising activities will be carried out with the purpose of strengthening the perception of gender equality”. The Committee notes that pursuant to the adoption in April 2016 of Law No. 6701, the former Human Rights Institution has been replaced by the Human Rights and Equality Institution which has, inter alia, the duties to prevent discrimination and raise awareness thereof and examine discrimination cases ex officio or upon application. The Committee asks the Government to provide specific information on the number of complaints of discrimination in employment and occupation received and dealt with by the Committee on Equality of Opportunities for Women and Men and the Human Rights and Equality Institution as well as by the Labour Inspectorate, the grounds on which they are based, and the outcome of such complaints. The Committee asks the Government to provide detailed information on any concrete steps taken, including by the Human Rights and Equality Institution, to prevent discrimination against workers and on awareness-raising activities carried out to promote equality, including gender equality, and their results. The Government is also asked to provide information on any discrimination cases brought before the judicial authorities, the outcome of such cases, the remedies granted and sanctions imposed.