Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Italy (Ratification: 1963)

The Committee notes the information contained in the Government’s report. It requests the Government to provide further information in its next report on the following points.

1. The Committee notes the statistical data in the Government’s report on women’s participation in the labour market. It notes that the presence of women increased at all levels of responsibility, in particular the number of women managers increased from 26.8 per cent in 1993 to 31.5 per cent in 1999. However, it notes that women in the national, local and regional government administrations are still under-represented in positions of decision-making authority, with only 10.3 per cent representation in Parliament, 17.4 per cent in Government and under 10 per cent of representation at the local level. Therefore, the Committee asks the Government to supply information on the measures taken or envisaged to promote the presence of greater numbers of women in managerial and supervisory positions in the government administration. Further, the Committee notes the statistical data on employment disaggregated by sex and sector of activity. The Committee hopes that the Government will continue to provide this data in its future reports disaggregated also by level of responsibility.

2. The Committee notes that the draft Law No. 4817 on sexual harassment has not yet been adopted. It asks the Government to provide information on the status of this draft law and to provide a copy once it has been adopted. The Committee notes that the jurisprudence in sexual harassment cases comes from a combined reading of the Constitution and section 2087 of the Civil Code, defining the employer’s personal contractual responsibility, and section 2043, establishing the employer’s extra-contractual responsibility. The Committee asks the Government to provide a copy of any court decisions concerning sexual harassment cases. Please also refer to the general observation of 2002 on Convention No. 111.

3. The Committee notes the information in the Government’s report on the increased use of "atypical" contracts, that differs from permanent full-time work in duration, working time, contribution levels and remuneration. The Committee notes that women have a higher rate of employment in these types of contracts than men and that the gap is growing. It also notes that self-employment is growing faster for women than for men. The Committee asks the Government to indicate the measures to promote women’s participation in permanent full-time jobs and to ensure that women are not disadvantaged in their terms and conditions of contracts based on sex.

4. Recalling that the coverage of the Convention extends also to vocational training, the Committee once again hopes the Government will supply information on equality of opportunities and treatment in vocational training programmes.

5. The Committee notes with interest Decree No. 196 of 2000 that establishes a network of equality advisers at national, regional and provincial level, with promotional and supervisory functions of the principle of equality between women and men in the labour market. The Committee would appreciate receiving further information on the measures taken and the impact of section 7 of the new Decree on affirmative actions.

6. The Committee once again requests the Government to supply information on any measures taken or envisaged to secure the application of the principles of equal opportunity and treatment in employment occupation and training on all the grounds set forth in Article (1)(1)(a) of the Convention. In particular, in light of the comments of the Committee on the Economic, Social and Cultural Rights (CESCR) that express concern for the "situation of the Roma, that are discriminated against, especially in the workplace" (E/C.12.1/Add.43 of 23 May 2000, paragraph 10), the Committee asks the Government to provide information on any measures that have been taken to correct such de facto inequalities in the labour market. Please also supply information on any measures undertaken to prohibit discrimination and promote equality in practice based on race, national extraction or religion in employment and vocational training, including research, analysis, awareness raising and any enforcement actions.