Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Ecuador (Ratification: 1962)

The Committee notes the Government's report for the period ending 30 June 1992 and the information it contains in reply to the Committee's previous comments.

1. The Committee recalls that in the past the Government has several times stated its intention to establish equality between the sexes in the law. It recalls, in particular, that section 1 of the Regulations of 9 July 1984 (No. 609) provides that "the activities of the Ministry of Social Welfare shall be based on principles designed to encourage the promotion of women, the indigenous population and ethnic minorities" and that the Government mentioned a Bill on the legal equality of sexes in its report of 29 August 1984 to the United Nations Committee on the Elimination of Discrimination against Women (CEDAW/C/5/Add.23). In this connection, the Committee noted with interest in its Observation of 1989 that amendments were being drafted to the following provisions to establish the legal equality of women in certain areas:

- regulation 17(b) of the Regulations of the Cooperative Act (promulgated in 1966 and updated in 1985), under which a married woman needs the authorization of her husband in order to become a member of a housing, agricultural or family vegetable garden cooperative;

- section 12 of the Commercial Code, under which married women need the authorization of their husbands in order to exercise commercial activities, and sections 66, 80 and 105 of the Code which prohibit both single and married women from entering the stock market or becoming stockbrokers or public auctioneers.

The Committee notes with regret from the Government's report that the Decision of Congress to amend regulation 17(b) has not yet been adopted, nor has the draft Legislative Decree to amend the above-mentioned sections of the Commercial Code, which was submitted to Congress at the beginning of 1990, been adopted. The Committee recalls that the Convention guarantees equal treatment for men and women in respect of access to all employment, and trusts that the legislative measures needed to amend the above-mentioned provisions which are inconsistent with the Convention, will be taken in the very near future. It would be grateful if the Government would provide a copy of the texts (Decision and Legislative Decree) as soon as they have been adopted.

2. The Committee raises other matters in a request addressed directly to the Government.