Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Greece (Ratification: 1984)

1.  The Committee notes the adoption of Act No. 2713/1999 respecting the Internal Affairs Service of the Greek police, section 12 of which sets out the reasons and criteria justifying the limitation imposed by Act No. 2226 of 13 December 1994 concerning the percentage of women admitted to the police school (a maximum of 15 per cent) and the fire brigade school (maximum 10 per cent). With regard to the procedure, the Committee is bound to regret that the 1999 text, which provides a justification for these numerical restrictions, was adopted a posteriori, that is five years after the adoption of the text establishing these restrictions. On the substance, the Committee notes that, according to the explanations provided respecting section 12 of Act No. 2713/1999, the percentages fixed correspond to the percentages of posts which may be occupied without distinction by men or women (administrative activities, passport control, traffic police, etc.), while the 85-90 per cent of the remaining posts correspond to functions which, according to section 12, "require such qualities as physical strength, rapidity and endurance which, by common sense and experience, only men possess in view of their biological characteristics". The Committee wishes to recall in this respect that, as it emphasized in its previous comment, in accordance with Article 1, paragraph 2, of the Convention, any distinction, exclusion or preference in respect of a particular job based on the inherent requirements thereof shall not be deemed to be discrimination, provided that such distinctions, exclusions or preferences are determined objectively and really take into account the individual capacities of each candidate for a specific job, rather than being extended to all the jobs in a sector of activity. The Committee is of the opinion that in this instance the exclusion of women from 85-90 per cent of the jobs in the police and fire brigade - on grounds that they have not the necessary physical strength and endurance - demonstrates an absence of an in-depth examination of each case on the basis of the individual capacities of applicants and reflects archaic and stereotyped concepts with regard to respective roles and abilities of men and women. The Committee has noted in its 1996 Special Survey on equality in occupation and employment that the continued exclusion of women from certain posts of authority merely because they are women and encounter negative prejudices is one of the restrictions to be eliminated by methods appropriate to national conditions. The Committee hopes the Government will consider removal of percentage restrictions on women and that it will allow all men and women to compete individually for the posts in question. It requests the Government to continue to provide information on measures taken in this regard.

2.  The Committee therefore requests the Government to undertake an in-depth re-examination of the concept of the "qualities required for a specific job", as it is currently applied in the police force and fire brigade, and hopes that it will take into account objectively: (a) the essential requirements inherent in each category of jobs designated by name; (b) the competence of the individual assigned to carrying out such functions; and where possible (c) the reasonable adaptations which are necessary (that is, which would not impose an excessive burden in terms of cost or inconvenience for the operation of the institutions concerned) to enable women who so wish to have access to certain functions in the police and the fire brigade.

3.  The Committee is addressing a request directly to the Government on certain other matters.