Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

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

Articles 2 and 3 of the Convention. Equality of opportunity and treatment for men and women. The Committee previously noted the persistence of occupational gender segregation and discriminatory attitudes concerning men’s and women’s roles at work and requested the Government to provide information on: (1) the steps taken, including in the context of the National Programme on Equal Opportunities for Women and Men 2015–21 and its accompanying Action Plan 2015–17, to effectively reduce occupational gender segregation and promote equality of opportunity and treatment of men and women in employment and occupation, including in recruitment, as well as on the results achieved; and (2) the distribution of men and women in employment, disaggregated by economic sector and occupation. The Committee notes the Government’s statement in its report that the Action Plan 2018–21 for the Implementation of the National Programme on Equal Opportunities for Women and Men 2015–21 continues to support initiatives aimed at: (1) addressing gender stereotypes and segregation, as well as its causes and consequences, including through the exchange of good practices; (2) addressing gender segregation in education; and (3) disseminating information on equal opportunities in employment for the social partners. The Committee notes from the statistical information provided by the Government that in 2018 women accounted for 47.2 per cent of employed persons (compared with 52.8 per cent of men) and 45.3 per cent of participants who benefited from active labour market policy measures (compared with 54.7 per cent of men). In this regard, it notes from Eurostat data that the employment rate of women increased from 75.5 per cent in 2017 to 77.4 per cent in 2019 (compared with 79 per cent for men in 2019), and is one of the highest employment rates of women of the countries of the European Union. The Committee welcomes this information. It however notes from the statistical data of the European Institute for Gender Equality (EIGE) that the share of women on the boards of the largest publicly listed companies fell from 14 per cent in 2010 to 12 per cent in 2019. The Committee notes, from the Government’s 2019 report under the national-level review of implementation of the Beijing Declaration (the Beijing+25 national report), that despite increased attention in the area of gender equality, violations of equal opportunities for women and men are still noticeable in many areas, and gender segregation in the labour market remains a reality. Indeed, while nearly 27 per cent of women compared to 6 per cent of men work in education, human health and social work activities, there are four times more men (31 per cent) than women (8 per cent) who work in science, technology, engineering and mathematics (STEM) occupations. The Government adds in the Beijing+25 report that gender equality in educational attainment and participation has improved slightly, while the situation concerning segregation in study fields remains a challenge, as 37 per cent of women students are still concentrated in the fields of education, health and welfare, humanities and the arts. The Committee recalls that, under section 26(6) of the Labour Code, employers with an average number of more than 50 employees are required to adopt and publish the measures implementing and enforcing the principles of the equal opportunities policy. It however notes, from the Government’s Beijing+25 report, that in the companies inspected by the State Labour Inspectorate this requirement was generally not implemented. It further notes that, in its 2019 concluding observations, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) expresses concern at: (1) the persistence of discriminatory gender stereotypes and calls for adherence to traditional roles and values for women, including in the media, as noted in the survey conducted by the Equal Opportunities Ombudsperson; (2) that the Law on Strengthening Families may reinforce discriminatory stereotypes regarding the roles and responsibilities of women and men in family and society; and (3) vertical and horizontal occupational gender segregation (CEDAW/C/LTU/CO/6, 12 November 2019, paragraphs 20 and 36). The Committee urges the Government to strengthen its efforts to effectively address stereotypes of the roles and responsibilities of women and men in the family and in society, as well as occupational gender segregation. In this regard, the Committee requests the Government to provide information on: (i) the measures taken to promote equality of opportunity and treatment for men and women in education, employment and occupation, particularly in the framework of the Action Plan 2018–21 for the Implementation of the National Programme on Equal Opportunities for Women and Men 2015–21; (ii) any assessment made of the impact of such measures, as well as the application of section 26(6) of the Labour Code in practice; and (iii) the distribution of men and women in employment, disaggregated by economic sector and occupation.

Equality of opportunity and treatment irrespective of race, colour and national extraction. Roma. Referring to its previous comments concerning the persistent discrimination against the Roma in education and employment, the Committee notes the Government’s indication that the integration of the Roma into the labour market is enhanced through: (1) the implementation of general measures which fall under the responsibility of the Lithuanian Labour Exchange; and (2) the implementation of specific projects dedicated to the integration of the Roma into the labour market. In this regard, the Government refers to the Project “Working with the Roma: New job opportunities and challenges”, implemented in collaboration with representatives from the Roma community, as a result of which, 40 persons participated in 2018 in a general skills development process, including language classes, and 78 persons started searching for a job or studying to become employed or self-employed. The Committee notes the Government’s statement that one of the major obstacles identified for the integration of the Roma into the labour market is the lack of basic education, and that the distance education services provided by the Roma Community Centre only partially address this situation. Referring to its previous comments concerning the adoption of an Action Plan for Roma Integration into Lithuanian Society for 2015–20, the Committee however regrets the lack of information provided by the Government on its implementation. The Committee further notes that, in their recent concluding observations, several United Nations treaty bodies have expressed concern at: (1) the persistent stereotypes, prejudice and intolerance against the Roma which lead to discrimination in the fields of education and employment; (2) the persistent low literacy rates among the Roma compared with the general population; (3) the persistent low proportion of Roma children and young people completing basic education and the decrease in the number of the Roma with secondary and higher education; as well as (4) the low employment rate of the Roma, particularly Roma women (CERD/C/LTU/CO/9-10, 7 June 2019, paragraph 17, and CCPR/C/LTU/CO/4, 29 August 2018, paragraph 7). The Committee notes this information with concern. It further notes from the statistical information provided by the Government that among the complaints concerning discrimination on the grounds of race, nationality, language, origin, ethnicity and citizenship received by the Office of Equal Opportunities Ombudsperson from 2017 to 2019, 11 concerned employment and 10 education. The Committee however observes that such information does not relate specifically to the Roma. It further notes that, according to the 2019 European Commission country report on non-discrimination, no cases of discrimination against the Roma were brought to the courts from 2015 to 2018, and no complaints regarding discrimination against the Roma were brought to the Equal Opportunities Ombudsperson or started by the Ombudsperson in 2018. The Committee urges the Government to strengthen its efforts to combat stigma and discrimination against the Roma, including through awareness-raising campaigns against stereotypes and prejudice, in order to effectively ensure equality of opportunity and treatment in education, employment and occupation for the Roma community. It asks the Government to provide information on: (i) the specific measures taken to that end and on any assessment made of their impact, as well as on any new action plan elaborated as a follow-up to the Action Plan for Roma Integration in Lithuanian Society 2015–20; and (ii) the participation of the Roma in education and vocational training courses, as well as in the labour market.

General observation of 2018. With regard to the above issues, and in more general terms, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

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