Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Lithuania (Ratification: 1994)

The Committee notes the information contained in the Government's report.

1. With reference to its observation, the Committee notes with interest the adoption of the Men's and Women's Equal Opportunities Act of 1 December 1998. It would be grateful to receive information on the measures taken with respect to promotion and public awareness in regard to the application of this Act in practice as well as the activities of the Ombudsman responsible for application of the Act, including complaints brought before him.

2. The Committee would also be grateful to receive clarification on the application of certain provisions of this Act on equality. It notes in particular that section 2.2, which defines discrimination within the meaning of the Act, excludes certain types of measures from its scope. In regard to safety measures applicable only to women, and work which is specific to a person of one or other sex as laid down in section 2.2(4) and (5), it requests the Government to provide detailed information on the measures envisaged by these provisions or to supply examples. Section 2.2(3) permits the setting of different retirement ages for men and women as a non-discriminatory measure. The Committee would be grateful to know the reasons for this measure which it considers could in fact constitute discrimination against men or women. Finally, section 2.2(1) concerns special measures for the protection of pregnant women, or after confinement, or breastfeeding. Under Article 5 of the Convention, special measures of protection or assistance designed to take into account the particular needs of persons are not deemed to be discrimination. In connection with this provision, however, noting that Order No. 18/12 of 13 January 1998 of the Ministry of Social Security and Labour and the Ministry of Health Care approving the list of jobs that should be prohibited for women before, during and after confinement, contains a very extensive list, the Committee suggests to the Government that it should envisage a review of this list in order to ensure that the types of job prohibited are really restricted to those involving a risk for the health of the foetus and the future mother.

3. Article 2 of the Convention. The Committee notes that, according to the statistics attached to the Government's report with respect to the rate of higher education attendance by subject and by sex, there is relatively equal distribution between the sexes in higher education. It also notes the statistics concerning the active population by branch of economic activity and by occupation which show that rates for men and women are fairly close. The Committee notes the policy of promotion of equality between the sexes and, in particular, the 1998-2000 programme for the promotion of Lithuanian women. It requests the Government to keep it informed on the implementation of this programme, particularly in the field of employment. The Committee requests the Government to pursue its endeavours to achieve real equality between men and women on the labour market.

4. The Committee requests the Government to send with its next reports information concerning the national policy measures implemented or envisaged for the purpose of promoting by methods appropriate to national circumstances and customs equality of opportunity and treatment in regard to employment and occupation, without discrimination based on race, national extraction and religion.

5. Article 3(a). The Committee notes the establishment of a Tripartite Board of the Republic of Lithuania and of tripartite public commissions. It requests the Government to supply with the next report further information on the activities and competence of these bodies in regard to the application of the Convention.

6. Article 4. This Article provides for an exception permitting any measures affecting an individual who is justifiably suspected of, or engaged in, activities prejudicial to the security of the State not be considered as discrimination. The exception set out under Article 4 applies only to the exercise of an activity which may be prejudicial to the security of the State and requires that this activity should be proved or that relevant and specific presumptions result in justifiable suspicion. The Committee hopes that this explanation will enable the Government to provide the information requested in regard to the application of this Article.

7. Part III of the report form. The Committee draws the Government's attention to the information requested in Part III of the report form concerning the authorities entrusted with the application of the legislation and administrative regulations adopted for application of the Convention. In this regard, it notes the Government's indication under Article 3(d) that application of the labour laws is supervised by the State Labour Inspection and that implementation of the Men's and Women's Equal Opportunities Act is under the supervision of controllers specially appointed for that purpose. It requests the Government to supply if possible with its next reports information on the methods by which supervision of this application is ensured.

8. The Committee requests the Government to inform it of developments in the adoption of the new draft Labour Code on which the Office recently made comments.