Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Portugal (Ratification: 1959)

The Committee notes the Government’s report and the observations submitted by the General Union of Workers (UGT) and the General Confederation of Portuguese Workers (CGTP).

Article 1 of the Convention. Discrimination on the grounds of race, colour, national extraction or social origin. Further to its previous comments on the situation of the Roma, the Committee notes from the Government’s report that under Legislative Decree No. 42 of 10 March 2008 the exercise of itinerant trade is subject to the issue of a “trader card” which is valid in the whole country for a period of three years. The Committee however notes from the first opinion of the Council of Europe’s Advisory Committee charged with monitoring the implementation of the Framework Convention on the Protection of National Minorities, that Roma people face persistent difficulties in engaging in itinerant trade (ACFC/OP/I(2006)002, 5 September 2007, paragraph 32). The Committee however notes that a number of measures relating to education and vocational training are being implemented with a view to promoting a greater access to employment of the Roma. Moreover, the Committee notes that a research project on the economic situation of the Roma in Portugal is being carried out under the auspices of the High Commission for Immigration and Ethnic Minorities (ACFC/OP/I(2006)002, 5 September 2007, paragraph 29). The Committee further notes the number of cases of discrimination brought to the attention of the Commission for Equality against Racial Discrimination (CICDR), though there were no Roma figures among the victims of these cases, which may suggest that Roma people encounter difficulties in practice in having access to the remedies against discrimination provided in national legislation. The Committee therefore requests the Government to supply the following information: (1) on the practical application of Legislative Decree No. 42 of 10 March 2008, including the percentage of trader cards issued to Roma people; (2) on the measures taken to foster Roma’s access to employment and the impact of such measures; and (3) on the findings of the research projects conducted under the auspices of the High Commission for Immigration and Ethnic Minorities. The Committee also requests the Government to continue providing information on the cases brought before the CICDR relating to discrimination in employment and occupation on the basis of race, colour, national extraction or social origin and their outcome. It encourages the Government to take adequate measures to raise public awareness about the remedies available under national law, and to facilitate victims’ access to them. The Committee further refers to its comments under the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143).

Sexual harassment. The Committee notes the submission by the CGTP reiterating its previous comments on the inadequate protection against sexual harassment in employment and occupation provided by section 24 of the Labour Code. With regard to its previous requests, the Committee notes from the Government’s report that the Third National Citizenship and Gender Equality Plan (2007–10) envisages the adoption of measures to prevent, combat and denounce sexual harassment at the workplace both in the private and the public sectors. The Committee also notes that no decisions were delivered by national courts involving issues related to sexual harassment. The Committee requests the Government to provide full information on the measures taken under the Third National Citizenship and Gender Equality Plan to prevent and address sexual harassment in employment and occupation, including information on any measures designed to raise awareness on the issue among employers and workers. The Committee also requests the Government to indicate whether the gender equality plans to be adopted at the enterprise level and in the public administration, include measures to combat sexual harassment. Please also continue to provide information on any judicial or administrative decisions relating to sexual harassment at the workplace as well as on any relevant activities carried out by the labour inspection services in this regard under section 639 of the Labour Code.

Article 2. Equality of opportunity and treatment between men and women. The Committee notes the observations of the UGT highlighting that despite the increase in education rates, women still face discrimination in respect of both access to vocational training and employment, and career development. The Committee notes that this situation is reflected in the background to the Third National Citizenship and Gender Equality Plan (2007–10) which also refers to the persistent vertical and horizontal occupational sex segregation in the labour market, the gender pay differentials and the inequitable distribution of family responsibilities between men and women. The Committee notes that a number of measures are envisaged under this Plan to address the current situation, including the elaboration of guidelines for collective bargaining, the dissemination of information on measures allowing for the reconciliation of family and work life, the promotion of equal access to employment and career development, the dissemination of information on good practices and the sensitization of the social partners. The Committee also notes that the implementation of these measures is periodically evaluated. Moreover, the Committee notes that the National Strategic Reference Framework (2007–13) also encompasses action in the field of the promotion of equality of opportunity and treatment between men and women. The Committee further notes that, pursuant to the Council of Ministers’ Resolution No. 160 of 30 November 2006, the Commission on the White Paper on Industrial Relations is mandated to review the present legal framework and propose amendments with a view to promoting, in particular, gender equality and the reconciliation of work and family life. The Committee requests the Government to provide information on the implementation of the Third National Citizenship and Gender Equality Plan (2007–10) and its impact in promoting equality of opportunity and treatment between men and women, including information on the outcome of the periodic evaluation carried out in this regard. The Committee also requests the Government to supply information on the implementation of the National Strategic Reference Framework as well as on the review of the legislative framework and the consequent amendments proposed by the Commission on the White Paper on Industrial Relations with a view to promoting gender equality in employment and occupation. Noting that the final evaluation of the Second National Equality Plan was carried out by the Commission for Citizenship and Gender Equality (CIG), the Committee would appreciate receiving information on the results and recommendation arising out of this assessment.

Promoting gender equality in the private sector. The Committee notes from the Government’s report that of a number of tools have been developed aimed at the promotion of the principle of the Convention in the private sector, including a Guide to Self-Assessment in Gender Equality for Companies and a “Solucionario” for the promotion of good practices. The Committee would appreciate receiving copies of the tools mentioned by the Government in its report. In the absence of the information previously solicited, the Committee also requests the Government to supply information on the number of plans adopted at the enterprise level and to include examples of these plans. The Committee further reiterates its request for information on the Government’s initiative to evaluate collective agreements from a gender perspective and on the impact of this process on improving equality of opportunity and treatment between men and women through collective agreements.

Part III of the report form. The Committee notes from the Government’s report that, under Legislative Decree No. 164/2007, the Commission for Citizenship and Gender Equality (CIG) incorporates the former Committee for Equality and Rights of Women and takes over the responsibility of promoting equality from the Commission for Equality in Work and Employment (CIPE). The Committee requests the Government to supply information on the activities carried out by the CIG with a view to promoting equality of opportunity and treatment in employment and occupation. Noting that the CIPE maintains its function of providing advisory opinions on discrimination issues, the Committee also requests the Government to continue to provide copies of the advisory opinions relevant to the application of the Convention.

Practical information. The Committee notes the Government’s indication that no statistical information is available on the position of ethnic groups in the labour market. The Committee wishes to draw the Government’s attention to the importance of collecting statistical data in order to assess the effectiveness of the measures taken to promote equality of opportunity and treatment in employment and occupation and the progress made in this regard. The Committee also notes the general information provided by the Government regarding labour inspections. The Committee encourages the Government to gather and provide statistical information on the distribution of men and women in the different economic sectors, occupational categories and positions as well as on the situation of ethnic groups in the labour market. Please also provide more detailed information on the labour inspections carried out with respect to the application of the principle of the Convention, including an indication of the number and nature of violations detected, the remedies provided or the sanctions imposed.