Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Spain (Ratification: 1967)

The Committee notes the observations by the Trade Union Confederation of Workers’ Commissions (CCOO), received on 8 and 22 August 2014, which were also submitted by the Government with its report. The Committee further notes the observations by the General Union of Workers (UGT), received on 29 August 2014. The Committee also notes the Government’s reply to these observations, received on 25 November 2014, which will be examined in due course.

Article 1 of the Convention. Discrimination based on race, colour, religion and national extraction. In its previous comments, the Committee requested the Government to provide information on the measures, programmes and plans of action to promote equality of opportunity and treatment and to address discrimination in employment and occupation based on race, colour, religion and national extraction. The Committee notes that, in its observations, the UGT indicates that the Government has not adopted plans of action and measures to promote equality of opportunity for immigrants. Nor has it taken measures to engage in social dialogue to promote codes of conduct and good practices in employment, as provided for under the Strategic Plan for Citizenship and Integration (PECI) 2011–14. There has also been a substantial cut in the budget allocated to the implementation of various measures, including the Strategic Plan. The Committee notes that, according to the Government, a comprehensive strategy to combat racism, racial discrimination, xenophobia and other forms of intolerance has been elaborated in the context of the PECI 2011–14. Although the strategy is not targeted at specific groups of the population, it takes into consideration the situation of migrants and Roma as the most vulnerable. Based on the principle of cross-cutting nature of the equality of treatment, provision has been made for a series of measures in various areas, such as education, awareness raising and employment. The Committee notes that, according to the Government, a project to establish a mapping of discrimination in Spain has been adopted, in the context of the PECI 2011–14, which involves conducting perception surveys and systematically collecting empirical and official data on complaints, infringements and penalties, as well as offences and crimes of a discriminatory nature. While noting the various measures, programmes and strategies adopted in the framework of the PECI 2011–14, the Committee notes that the Government has not provided information on the specific impact of these measures on addressing discrimination on grounds of race, colour, religion and national extraction in employment and occupation. The Committee emphasizes the importance of evaluating the impact of the measures adopted in the framework of the PECI 2011–14 in order to ascertain whether they have made an effective contribution to the elimination of discrimination on grounds of race, colour, religion and national extraction and to the promotion of equality of opportunity and treatment in respect of these grounds for all categories of workers in all sectors of employment and occupation (see General Survey on the fundamental Conventions, 2012, paragraphs 844–847). The Committee requests the Government to ensure that the necessary resources have been allocated for the implementation of the action and measures provided for under the PECI 2011–14, in particular in the framework of the comprehensive strategy to combat racism, racial discrimination, xenophobia and other forms of intolerance. The Committee also requests the Government to assess the impact of such actions and measures addressing discrimination in employment and occupation for men and women on grounds of race, colour, religion and national extraction, in particular with respect to the situation of immigrants and the Roma. The Committee also requests the Government to provide information on the mapping of discrimination in Spain and the measures adopted as a result. The Committee requests the Government to provide information on this matter, as well as on all the obstacles and difficulties encountered.

Article 2. Equality of opportunity between men and women. The Committee notes that, in its observations, the CCOO indicates that the number of equality plans adopted by enterprises declined in 2013 and 2014 and that measures to achieve equality between men and women in all enterprises, including those with less than 250 workers, have been frozen. Furthermore, the tripartite evaluation of the Basic Act on effective equality between women and men (No.3/2007) has not yet been conducted. In its observations on the application of the Equal Remuneration Convention, 1951 (No. 100), the UGT also refers to the failure to adapt the Strategic Plan for Equality of Opportunities (PEIO 2014–16) to the present economic crisis, which has had a negative impact on women’s employment. The Committee notes the information provided by the Government on the various legislative measures and practices adopted to promote equal opportunities and treatment between men and women. The Committee also notes the various equality plans adopted by a number of enterprises, the subsidies granted to small and medium-sized enterprises to draw up such plans, and the increase in the percentage of collective agreements incorporating provisions concerning equality plans (from 63 per cent in 2012 to 64.44 per cent in 2014). The Government adds that an academic study on Act No. 3/2007 has been prepared, which was submitted to the trade union organizations as a basis upon which to make a tripartite evaluation of the Act in question. The Committee notes the evaluation of the PEIO 2008–11, according to which the progress registered in women’s access to education has not been reflected in terms of their access, tenure, working conditions and access to positions of responsibility. This may be attributed to, inter alia, the difficulty of reconciling family and work responsibilities and the marked segregation in education and employment. The Government states that these conclusions served as a basis for drafting the PEIO 2014–16. The Government also indicates that women’s participation in political life has increased significantly (almost 30 per cent of seats in the elections for deputies and senators and more than half of members of the judicial system), although they are poorly represented in academia. The Committee notes that as part of its strategic objectives, the PEIO 2014–16 seeks to tackle this situation and is providing for the adoption of a special plan for the equality of women and men at work and against wage discrimination 2014–16. The Committee refers in this respect to the comments it made when examining the application of the Equal Remuneration Convention, 1951 (No. 100). The Committee requests the Government to continue taking proactive measures with a view to increasing the number of enterprises adopting equality plans and to indicate whether these plans are the outcome of collective bargaining. The Committee also requests the Government to provide information on the measures adopted in the framework of the PEIO 2014–16 and on the special plan for the equality of women and men at work and against wage discrimination 2014–16; as well as on the way in which such measures have been adjusted to the present crisis and the impact of such measures on the promotion of equality between men and women. Please also provide information on the findings of the evaluation of the Basic Act on effective equality for women and men (No. 3/2007).

The Committee is raising other matters in a request addressed directly to the Government.