Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Ireland (Ratification: 1999)

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

The Committee takes note of the Government’s report and the supplementary information provided in light of the decision adopted by the Governing Body at its 338th Session (June 2020).

Articles 1(1)(b) and 2 of the Convention. Discrimination based on disability and equality of opportunity and treatment. In its previous comment, the Committee asked the Government to provide information on the steps taken to address discrimination based on disability and to promote equality of opportunity and treatment in employment and occupation, including under the National Disability Inclusion Strategy (NDIS) 2017–21 and the Comprehensive Employment Strategy for People with Disabilities (CESPD) 2015–24; as well as the impact of such measures. The Committee notes that, in its assessment of progress under the NDIS for the period 2017–18, the National Disability Authority noted that: (1) only 36 per cent of persons with disabilities of working age (20 to 64 year-old) were reported to be in employment in the 2016 census, compared to 73 per cent of those without a disability in the same age-range; (2) steps were taken across the public service to enhance data collection; (3) work was under way to gather data on the number of persons, including persons with disabilities, accessing further education and training (FET) courses, while regretting that barriers remained as some FET courses were not available in all regions; (4) two significant recommendations of the “Make Work Pay Report” (2017) were implemented, namely the increase of the earnings threshold for retention of both the disability allowance and the medical card (to ensure that persons with disabilities who take up employment can retain access to these entitlements, so that work ‘pays’ and they do not end up financially worse off as a result of their employment); and (5) in 2018 the public sector as a whole achieved a level of 3.5 per cent of its workforce composed of persons with disabilities (Part 5 of the Disability Act requires a minimum of 3 per cent) and the CESPD 2015–24 commits to increasing the statutory minimum requirement to 6 per cent by 2024. The Committee also notes the Government’s statement in its report that, according to a 2019 report of the National Disability Authority, approximately 2,050 persons have taken up employment whilst on receipt of the disability allowance since the changes to disability-related benefits were introduced in 2017 with the aim of making it easier for people with disabilities to feel secure in their decision to explore work options and maintain key benefits when working. Over the same period, the average number of persons leaving the disability allowance system and getting a job has also increased by 21 per cent, from approximately 845 to 1,025 per year. It also notes the supplementary information provided by the Government indicating that, according to the mid-term review of the NDIS 2017–2021 published in February 2020, stakeholders want the emphasis for 2020 and 2021 to be on implementing existing commitments within the Strategy and on fulfilling obligations that arise from Ireland’s ratification in 2018 of the United Nations Convention on the Rights of Persons with Disabilities. Furthermore, the Second Action Plan (2019–2021) of the CESD was published in December 2019 and includes a range of actions to advance the strategic priorities which are to: (1) build skills, capacity and independence; (2) provide bridges and supports into work; (3) make work pay; (4) promote job retention and re-entry to work; (5) provide coordinated and seamless support; and (6) engage employers. Welcoming the steps taken so far, the Committee asks the Government to continue to provide information on the concrete steps taken to address discrimination based on disability and to promote equality of opportunity and treatment in employment and occupation, as well as information, including detailed statistics, on the results achieved under the National Disability Inclusion Strategy 2017–21 and the Comprehensive Employment Strategy for People with Disabilities 2015–24.

Article 2. Gender equality. The Committee previously asked the Government to amend section 6 of the Adoptive Leave Act to ensure that any adoptive parent is entitled to take leave, not only adopting mothers or sole male adopters. It also asked the Government to provide information on the steps taken to promote equality of opportunity and treatment between men and women in employment and occupation, and on the impact of such steps, including under the National Strategy for Women and Girls 2017–20. As regards the latter, the Committee notes the Government’s indication that the Strategy is implemented through 139 actions undertaken by Government departments and agencies, in cooperation with the social partners and civil society. The Strategy includes actions aimed at addressing occupational gender segregation and, in particular, the low representation of females in apprenticeships and in occupations related to science, technology, engineering and mathematics (STEM). The Government adds that, at the end of 2018, there were 341 female apprentices registered across 36 apprenticeships schemes on offer, a significant increase from the 2015 figure of 26. The STEM Education Policy Statement 2017–2026 and its Implementation Plan 2017–2019, which include the aim to increase uptake of STEM subjects by females by 40 per cent by 2026, are currently being implemented. According to the Government’s indication, the first report (May 2019) of the Balance for Better Business’ Review Group of senior figures in business and the public service (established by the Government in July 2018) includes targets for Irish businesses to achieve 33 per cent of female directors for the top 20 listed companies by 2023, and for companies listed on Euronext Dublin not to have an all-male board by the end of 2019. Finally, the Government indicates that the employment rate of women aged 20–64 increased from 65.4 per cent in 2016 to 68.1 per cent in 2018, while the gap between male and female employment rates narrowed from 13.7 to 12.2 percentage point. Regarding the request to amend section 6 of the Adoptive Leave Act to ensure that any adoptive parent is entitled to take leave, the Committee notes that the Government limits itself to indicating that this will be considered in the context of future appropriate legislation, without providing any information on the status of the Family Leave Bill mentioned in the previous comment. The Committee notes, however, that the Parental Leave (Amendment) Act of 2019 increased the entitlement to unpaid parental leave to 26 weeks as from 1 September 2020 and raised the age of the child for which this benefit is available from 8 to 12 years (16 if the child suffers from a disability or long-term illness). It also notes that the Parental Leave and Benefit Bill of 2019 provides that eligible parents of children born or adopted on or after 1 November 2019 will be entitled to take two weeks paid leave in the first year of the child’s life. The Committee asks the Government to continue to provide information on the steps taken to promote equality of opportunity and treatment between men and women in employment and occupation, and on the impact of such steps. More particularly, it asks the Government to provide information on : (i) the results achieved under the National Strategy for Women and Girls 2017–20, and the STEM Education Policy Statement 2017–2026 and its Implementation Plan 2017–2019; (ii) the status of the Family Leave Bill and the Parental Leave and Benefit Bill of 2019, while ensuring that any adoptive parent is entitled to take leave, not only adopting mothers or sole male adopters; and (iii) the uptake of both paid and unpaid parental leave, disaggregated by sex.

Equality of opportunity and treatment irrespective of race, colour and national extraction. In its previous comment, the Committee requested information on the steps taken or envisaged to: (1) promote equality of opportunity and treatment for the members of the traveller community and on the results achieved; and (2) promote equality of opportunity and treatment in employment and occupation based on race, colour and national extraction, including with respect to migrant workers, and on the results achieved. The Committee notes the Government’s reply that an “employment subgroup” including relevant agencies and representatives of the traveller community was established in 2018 to implement the actions foreseen under this thematic area in the National Traveller and Roma Integration Strategy (NTRIS). The Department of Employment and Social Protection has committed to delivering and supporting a range of assistance and targeted measures to increase employment, training and apprenticeship opportunities for travellers and Roma over the long term. The Government adds that mothers from the Traveller community will benefit from the new Affordable Childcare Scheme, thus enabling them to engage in employment. As regards migrant workers, the Committee notes the Government’s statement that ten actions within the Migrant Integration Strategy focus specifically on employment and pathways to work. These include actions focusing on education and training and initiatives to engage with prospective entrepreneurs. The 2018 monitoring report on integration showed that non-Irish nationals were matching Irish nationals on several key economic and social indicators but that nationals from countries outside the European Union tended to have lower employment rates and higher unemployment rates than Irish nationals. The most disadvantaged group remained the African nationals, with an employment rate of 45 per cent, compared to 70 per cent for other non-Irish nationals. The Committee also notes that, in its latest concluding observations, the United Nations Committee on the Elimination of Racial Discrimination (CERD) remained concerned that the Government had not yet developed concrete action plans or allocated a sufficient budget to implement the NTRIS and recommended the adoption of legislative measures to formalize the recognition of travellers as an official minority group, clarifying, promoting and protecting their rights. It recommended that the Government take effective measures with an adequate level of resources to improve employment among travellers and Roma people, as well as to address all forms of discrimination against people of African descent, in particular in the employment and education sectors (CERD/C/IRL/CO/5-9, 23 January 2020, paragraphs 24(a), 31, 32, and 34(a)). The Committee asks the Government to provide information on the concrete measures adopted, including in the context of the National Traveller and Roma Inclusion Strategy, to promote equality of opportunity and treatment for the members of the traveller community, and on the results achieved. The Committee also asks the Government to provide statistics on the number of travellers and Roma people who have benefited from the above-mentioned measures or who have entered the workforce. The Committee also asks the Government to continue to provide information on the specific steps taken to promote equality of opportunity and treatment in employment and occupation irrespective of race, colour and national extraction, including with respect to migrant workers, and on the results achieved.

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.

Enforcement. Previously, the Committee asked the Government to provide information on the funds allocated to the Irish Human Rights and Equality Commission (IHREC) and the Workplace Relations Commission (WRC), on their respective mandates and responsibilities, and on their activities aimed at promoting equality of opportunity and treatment in employment and occupation. The Committee notes the Government’s reply that the IHREC is funded through a vote of Parliament and that its allocation has been increased every year since its establishment in 2015. In 2018, it prepared a draft Code of Practice on Equal Pay and began work on a revised version of the 2012 Code of Practice on Sexual Harassment and Harassment at Work (which was submitted for Ministerial approval in 2019) and on a new Code of Practice on Family-friendly Measures in the Workplace. In addition, work has commenced on a draft Code of Practice on Reasonable Accommodation in Employment, focused on employment of people with disabilities. The Government also indicates that the WRC’s Strategy Statement 2019–2022, entitled “Fair and Compliant Workplaces and Equal Treatment Services”, was approved by the Government in December 2018 and that the Commission is adequately resourced to fulfil its mandate. Additional funding has been provided in 2019 to enable the WRC to deal with the anticipated increased workload that will arise from An Garda Siochána (the national police and security service) gaining access to the WRC, and to facilitate an improved delivery of its services to regional locations. The Committee asks the Government to continue to provide detailed information on the funds allocated to the IHREC and the WRC, on their activities aimed at promoting equality of opportunity and treatment in employment and occupation and on the results achieved. The Committee asks the Government to provide information on the status of the Code of Practice on Equal Pay, the Code of Practice on Sexual Harassment and Harassment at Work and the Code of Practice on Family-friendly Measures, and provide a copy if they have been adopted.

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

The Committee takes note of the Government’s report and the supplementary information provided in light of the decision adopted by the Governing Body at its 338th Session (June 2020).

The Committee notes the observations of the Irish Congress of Trade Unions (ICTU), received on 31 August 2019.

Articles 1(1)(a) and 2 of the Convention. Gender discrimination and equality of opportunity and treatment for men and women. The Committee recalls that article 41(2) of the Constitution provides that “the State recognises that by her life within the home, woman gives to the State a support without which the common good cannot be achieved” and that “The State shall, therefore, endeavour to ensure that mothers shall not be obliged by economic necessity to engage in labour to the neglect of their duties in the home.” In its previous comment, the Committee noted the policy statement of the Irish Human Rights and Equality Commission (IHREC) of June 2018, in which it called for article 41(2) of the Constitution to be rendered gender neutral, refer to “family life” (understood as including a wide range of family relationships and situations in which family members do not live in the same house) and recognize and support care work, including by parents and other persons providing family care. Noting the ongoing constitutional review process, the Committee urged the Government to provide information on the steps taken to ensure that article 41(2) of the Constitution does not encourage, directly or indirectly, stereotypical treatment of women in the context of employment and occupation. It notes the Government’s statement in its report that the referendum foreseen on the question was postponed and the matter was referred to a Citizens Assembly, composed of a Chairperson and 99 citizens randomly selected to be broadly representative of the Irish electorate. The Committee welcomes the fact that in February 2020 a large majority of the Citizens Assembly was in favour of the deletion and/or replacement of article 41(2) of the Constitution. It also notes the supplementary information provided by the Government, indicating that subsequent meetings of the Citizens Assembly have been postponed due to the COVID-19 pandemic, but that it met on-line in July 2020 to consider public submissions. The Government indicates that the situation is being kept under ongoing review and that it is expected that the Assembly will issue a series of recommendations. The Committee asks the Government to provide information on the steps taken to implement the recommendations of the Irish Human Rights and Equality Commission, as well as the Citizens Assembly initiative, and to ensure that article 41(2) of the Constitution does not in any way encourage, directly or indirectly, the stereotypical treatment of women in the context of employment and occupation.

Article 1(1)(a). Discrimination based on political opinion or social origin. In its previous comment, the Committee once again urged the Government to take steps to ensure legislative protection against discrimination in employment and occupation based on political opinion and social origin, and to provide information on the measures adopted or envisaged to ensure protection in practice. The Committee once again recalls that, where legal provisions are adopted to give effect to the Convention, they should include at least all of the grounds of discrimination set out in Article 1(1)(a) of the Convention. The Committee welcomes the Government’s statement that the Department of Justice and Equality has commissioned research on the addition of socio-economic status as a prohibited ground of discrimination in the equality legislation and that the findings of the research are due in the autumn of 2020. The Committee however notes with concern that, with regard to discrimination based on political opinion, the Government states that there are no further developments envisaged. In this regard, the Committee also notes the ICTU’s observations emphasizing that Chapter 6 of the Belfast Agreement (signed on 10 April 1998, also known as “the Good Friday Agreement”), entitled “Rights, Safeguards and Equality of Opportunity”, commits the Government of Ireland to take measures to ensure that there is at least equivalent protection of human rights in Ireland as in Northern Ireland. In this regard, the Committee further notes the indication by the ICTU that the anti-discrimination legislation in Northern Ireland includes political opinion as a prohibited ground of discrimination. The Committee asks the Government to provide information on the findings of the research commissioned on including socio-economic status as an additional prohibited ground of discrimination in the equality legislation and on the measures taken or envisaged as a result. It once again urges the Government to take steps to ensure formal legislative protection against discrimination in employment and occupation based on political opinion and social origin and to provide information on how protection against discrimination on these two grounds is ensured in practice.

Article 1(2). Inherent requirements of the job. In order to ensure that any exception to the principle of non-discrimination enshrined in the Convention is restricted to the inherent requirements of a particular job, in previous comments the Committee urged the Government to take steps to amend the relevant provisions of section 2 of the Employment Equality Act 1998, as revised, which excludes from the scope of the Act “persons employed in another person’s home for the provision of personal services for persons residing in that home where the services affect the private or family life of such persons” (section 2 thereby permits employers of domestic workers to make recruitment decisions on discriminatory grounds). The Committee notes the Government’s statement that there have been no further developments in this regard. It is therefore bound to recall once again what may be considered “inherent requirements of the job” and that overly broad exceptions in equality legislation excluding domestic workers from the protection of discrimination in respect of access to employment may lead to discriminatory practices by employers against these workers, contrary to the Convention. The Committee considers that the right to respect for private and family life should not be construed as protecting conduct that infringes the fundamental right to equality of opportunity and treatment in employment and occupation, including conduct consisting of differential treatment of candidates for employment on the basis of any of the grounds covered by Article 1(1)(a) of the Convention where this is not justified by the inherent requirements of the particular job (2012 General Survey on fundamental Conventions, paragraph 830). In this regard, the Committee once again wishes to draw the Government’s attention to the fact that: (1) no provision in the Convention limits its scope with regard to individuals or branches of activity; and (2) the protection afforded by the Convention includes all aspects of employment and occupation, including access to employment and to particular occupations. The Committee once again urges the Government to take steps to amend the relevant parts of section 2 of the Employment Equality Act so as to ensure that any limitations on the right to non-discrimination in all aspects of employment and occupation are restricted to the inherent requirements of the particular job, as strictly defined.

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

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Articles 1(1)(b) and 2 of the Convention. Discrimination based on disability and equality of opportunity and treatment. In its previous comments, the Committee asked the Government to identify the measures taken to address discrimination based on disability and their impact in promoting the employability of disadvantaged groups in the labour market. In its report, the Government refers to the revised National Disability Inclusion Strategy 2017–21, developed after a consultation process with interested parties. The Committee notes that the National Disability Inclusion Strategy aims to: (i) improve access to employment for people with disabilities; (ii) improve their conditions at work; and (iii) facilitate the return to work of those who so choose after they have become disabled. It notes that each measure contained in the Inclusion Strategy has a designated body responsible for its implementation and supervision and a timeframe for action. The Government further indicates that under the new Comprehensive Employment Strategy for People with Disabilities 2015–24, an interdepartmental working group was charged with examining the range of barriers to the employment of persons with disabilities. The Committee notes, from the Employment Strategy, that following a consultation process, the interdepartmental working group identified the main perceived barriers to employment from the perspective of both the workers and the employers and it also established a three-year action plan, with 80 time-bound commitments, to be implemented and monitored in line with “key performance indicators”. While taking due note of the programmes put in place to address discrimination based on disability, the Committee notes that the Government’s report does not provide information on the results of the measures implemented so far. It recalls the importance of providing information on the impact of measures adopted in order to allow it to assess their effectiveness. Further, the Committee notes, that the Committee on Economic, Social and Cultural Rights (CESCR), in its concluding observations of July 2015, expressed its concern at the disproportionately high rates of unemployment among persons with disabilities (E/C.12/IRL/CO/3, paragraph 16). The Committee asks the Government to continue to provide information on the concrete steps taken to address discrimination based on disability and to promote equality of opportunity and treatment in employment and occupation, including under the National Disability Inclusion Strategy 2017–21 and the Comprehensive Employment Strategy for People with Disabilities 2015–24. It also asks the Government to provide information on the impact of such measures, for example by providing detailed statistics on the number of persons with disabilities who were able to enter the workforce or return to employment after being affected by disability, and the number of people who benefited from these measures. In this regard, the Committee once again refers to its comments under the Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159).

Article 2. Gender equality. In its previous report, the Committee asked the Government to provide information on the steps taken to promote equality of opportunity and treatment between men and women in employment and occupation as well as on the impact of such measures. The Committee once again takes due note of the extensive information provided by the Government, including the Mid Term Review 2013 and the Progress Report of 1 May 2015 on the National Women’s Strategy. It notes the Government’s indication that the new National Women’s Strategy (the NWS 2017–20) was developed after a public consultation process, and that it builds on the lessons learned from the previous one. The NWS 2017–20 is based on the recognition that, despite all efforts so far, women continue to be under-represented in leadership roles. It therefore sets out as its main objectives: (i) the advancement of women in leadership at all levels, and (ii) gender equality in decision-making. The Committee also notes with interest, the Government’s indication that the Paternity Leave and Benefit Act 2016 introduced two weeks paid paternity leave and paternity benefit and that the Government plans to consolidate maternity, adoptive, parental and carer’s leave into one piece of legislation: the Family Leave Bill. However, the Committee also notes from section 6 of the Adoptive Leave Act 1995 that adoption leave is granted only to “an employed adopting mother (or sole male adopter)”. The Committee recalls that when legislation or other measures reflect the assumption that the main responsibility for family care lies with women or excludes men from certain rights and benefits, it reinforces and prolongs stereotypes regarding the role of women and men in the family and in society. The Committee considers that, in order to achieve the objective of the Convention, measures to assist workers with family responsibilities should be available to men and women on an equal footing (see General Survey of 2012 on the Fundamental Conventions, paragraph 786). The Committee therefore asks the Government to use the opportunity provided by the consolidation of the parental leave legislation into the Family Leave Bill to amend section 6 of the Adoptive Leave Act so as to ensure that any adoptive parent is entitled to take leave, not only adopting mothers or sole male adopters. It also asks the Government to continue to provide information on the steps taken to promote equality of opportunity and treatment between men and women in employment and occupation, and on the impact of such steps, including under the National Women’s Strategy 2017–20.

Equality of opportunity and treatment irrespective of race, colour and national extraction. The Committee notes the Government’s indication that following a comprehensive consultation process it has developed the National Traveller and Roma Inclusion Strategy. It notes that this Inclusion Strategy establishes, among its strategic themes: employment and anti-discrimination, and sets out specific actions to be taken to increase employment opportunities for Travellers and Roma people. The Government also states that the Department of Justice and Equality has obtained funding of €3 million to support Traveller initiatives and that this money will support the advancement of the Inclusion Strategy. The Committee notes, however, that the CESCR expressed concern at the disproportionately high rates of unemployment among travellers and Roma people (E/C.12/IRL/CO/3, paragraph 16). The Committee asks the Government to continue to provide information on the specific steps taken or envisaged, including in the context of the National Traveller and Roma Inclusion Strategy, to promote equality of opportunity and treatment for the members of the traveller community, and on the results achieved by, for example, providing statistics on the number of travellers and Roma people who have benefited from the above-mentioned strategies or who have entered the workforce. Noting that the Government’s report is silent on this issue, the Committee asks it to provide information on the specific steps taken to promote equality of opportunity and treatment in employment and occupation based on race, colour and national extraction, including with respect to migrant workers, and on the results achieved.

Enforcement. The Committee recalls that developments were underway to merge the Human Rights Commission and the Equality Commission into one new institution, the Human Rights and Equality Commission, and that it had asked the Government to state how it would ensure its effectiveness in promoting equality in employment and opportunity. The Committee therefore notes with interest the adoption of the Irish Human Rights and Equality Commission Act 2014 and the Workplace Relations Act 2015, which establish the Irish Human Rights and Equality Commission (IHREC) and the Workplace Relations Commission (WRC), respectively. The Government indicates that the IHREC is tasked with providing information and advice to persons who feel that they have been discriminated against, whether in the employment or non-employment sphere. It further indicates that the IHREC has its own budget of €6.299 million per annum and reports directly to the Oireachtas (Parliament) on expenditure. It also states that the WRC is responsible for investigating or mediating claims of unlawful discrimination under the equality legislation, with its core services including inspection of employment rights compliance and provision of information. Nonetheless, the Committee notes, from the concluding observations of the Committee on the Elimination of Discrimination Against Women (CEDAW) of March 2017, that the IHREC is not sufficiently resourced if it is to effectively undertake its expanded mandate, particularly with regard to women’s rights and gender equality (CEDAW/C/IRL/CO/6-7, paragraph 16). The Committee asks the Government to provide information on the steps taken or envisaged to ensure that sufficient funds are allocated to the IHREC and the WRC in order for these bodies to function effectively, and to identify what steps are taken to ensure that their mandates and responsibilities do not overlap. It also asks the Government to provide information on the activities of the Commissions aimed at promoting equality of opportunity and treatment in employment and occupation. Noting the absence of information provided in this regard, the Committee once again asks the Government to provide details of the outcome of the discussion with the United Nations Deputy High Commissioner for Human Rights regarding the budget cuts and the impact on the various human rights institutions.

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Articles 1(1)(a) and 2 of the Convention. Gender discrimination and equality of opportunity and treatment for men and women. In its previous comments, the Committee had noted that a Constitutional Convention had voted in favour of recommending that article 41.2 of the Constitution, which provides that “mothers shall not be obliged by economic necessity to engage in labour to the neglect of their duties in the home”, be amended by replacing the word “mothers” with “carers”. The Committee had noted that this proposed amendment, while aiming at recognizing the role of caregivers in society, was likely to apply in practice mainly to women and that it might continue to hinder the inclusion of women in the labour market, or impede their ability to re-enter the labour market. It therefore requested the Government to ensure that the Constitution did not encourage direct or indirect stereotypical treatment of women in the context of employment and occupation. The Committee notes the Government’s statement in its report that the Programme for a Partnership Government, published in May 2016, proposed to hold a referendum on article 41.2 of the Constitution and that this referendum is not due to take place before 2018. It further notes the policy statement of the Irish Human Rights and Equality Commission (IHREC), on article 41.2 of the Constitution (June 2018) in which IHREC expresses the view that article 41.2 perpetuates gender stereotypes and that it should be amended to: (i) be rendered gender neutral; (ii) reference “family life”, and that “family life” should be understood as including a wide range of family relationships and include situations where family members do not live in the same house; and (iii) recognize and support care work, including parents and others providing family care. The Committee requests the Government to provide information on the measures taken to implement the recommendations of the Irish Human Rights and Equality Commission. It further urges the Government to take the opportunity presented by the current constitutional review process to ensure that article 41.2 of the Constitution does not encourage, directly or indirectly, stereotypical treatment of women in the context of employment and occupation and to provide information on the specific steps taken in this regard.

Article 1(1)(a). Discrimination based on political opinion or social origin. The Committee recalls that in its previous comment, noting that the grounds of discrimination prohibited under the Employment Equality Act do not cover political opinion and social origin, it had asked the Government to take steps to ensure legislative protection against discrimination in employment and occupation based on political opinion and social origin, and to provide information on the progress made in this regard as well as on the measures taken to ensure protection against discrimination based on these two grounds in practice. The Committee notes with concern the Government’s repeated statement that it has no immediate plans to amend the equality legislation so as to include social origin and political opinion as prohibited grounds of discrimination. Recalling that is has consistently stated that where legal provisions are adopted to give effect to the Convention, they should include at least all of the grounds of discrimination set out in Article 1(1)(a) of the Convention, the Committee urges once again the Government to take steps to ensure legislative protection against discrimination in employment and occupation based on political opinion and social origin, and to provide information on any progress made in this regard. It also reiterates its requests to the Government to provide information on the measures adopted or envisaged to ensure protection against discrimination based on political opinion and social origin in practice.

Article 1(2). Inherent requirements of the job. In order to ensure that any exception to the principle of non-discrimination enshrined in the Convention is restricted to the inherent requirements of a particular job, the Committee previously urged the Government to take steps to amend the relevant provisions of section 2 of the Employment Equality Act which excludes from the Act’s scope “persons employed in another person’s home for the provision of personal services for persons residing in that home where the services affect the private or family life of such persons”. Section 2 thereby permits employers of domestic workers to make recruitment decisions on discriminatory grounds. The Committee notes the Government’s statement that while the exception in section 2 applies to recruitment, once in employment, discrimination is prohibited against such workers. The Government further indicates that employers are encouraged to implement non-discriminatory practices through the voluntary Code of Practice for Protecting Persons Employed in Other People’s Homes. The Committee notes however that this Code of Practice only protects domestic workers from discrimination once they are employed and not in their access to employment. It recalls in this regard that there are very few instances where the grounds listed in the Convention actually constitute inherent requirements of the job. For example, distinctions on the basis of sex may be required for certain jobs, such as those in the performing arts or those involving physical intimacy. These distinctions should still be determined on an objective basis and take account of individual capacities. Overly broad exceptions in equality legislation excluding domestic workers from the protection of discrimination in respect of access to employment, may lead to discriminatory practices by employers against these workers, contrary to the Convention. The Committee considers that the right to respect for private and family life should not be construed as protecting conduct that infringes the fundamental right to equality of opportunity and treatment in employment and occupation, including conduct consisting of differential treatment of candidates for employment on the basis of any of the grounds covered by Article 1 of the Convention where this is not justified by the inherent requirements of the particular job (see 2012 General Survey on fundamental Conventions, paragraph 830). In this regard, the Committee wishes to draw attention to the fact that: (i) no provision in the Convention limits its scope as regards individuals or branches of activity; and (ii) the protection afforded by the Convention includes all aspects of employment and occupation – including access to employment and to particular occupation. Welcoming the recent ratification by Ireland of the Domestic Workers Convention, 2011 (No. 189), the Committee refers the Government to its comments adopted in 2017 under that instrument. The Committee urges the Government once again to take steps to amend the relevant parts of section 2 of the Employment Equality Act, so as to ensure that any limitations on the right to non-discrimination in all aspects of employment and occupation are restricted to the inherent requirements of the particular job, as strictly defined.

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

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 1(1)(b) of the Convention. Discrimination based on disability. The Committee notes the Government’s indication that under the “Action Plan for Jobs 2013”, measures will be taken to promote the employability of groups that have experienced labour market disadvantage related to discrimination, including based on disability, and that these will involve developing the equality capacity of employers, vocational education, training providers and labour market providers. The Committee also notes the 2012 report on disability in the Irish labour market published by the Equality Authority, which indicates that labour market participation rates are lowest for people with a physical or emotional/psychological disability, though people with an intellectual/learning disability experience higher levels of work-related discrimination. The Committee also notes the Government’s indication that, for the first time since the establishment of targets for the employment of workers with disabilities in the public service in 2005, the 3 per cent target was met in 2011. The Committee asks the Government to continue to provide information on the measures taken to address discrimination based on disability, as well as the impact of such measures, including under the Action Plan for Jobs.

Article 2. Gender equality. The Committee notes the extensive information provided by the Government on the measures taken, in cooperation with the social partners, with a view to promoting equality of opportunity and treatment between men and women. It notes, in particular, the information on the various initiatives and guidance tools developed to address discrimination on the basis of pregnancy or maternity. The Government also indicates that since 2009, a total of 11,350 women were assisted through the vocational training programmes implemented under the Equality for Women Measure (EWM 2008–2013), which aim to promote women’s entrepreneurship, as well as their access and return to the labour market. The Committee asks the Government to continue to provide information on the measures taken to promote equality of opportunity and treatment between men and women in employment and occupation, and the impact of such measures, including under the National Women’s Strategy, the EWM, and the Programme of the Equality Mainstreaming Unit.

Equality of opportunity and treatment irrespective of race, colour and national extraction. The Committee notes that the “Action Plan for Jobs 2013”, also addresses discrimination based on race. The Committee also notes the information provided by the Government on the initiatives carried out with a view to promoting equality of opportunity and addressing discrimination against members of the Traveller community. It notes in particular, the Government’s indication that a new training programme has recently been established with a view to improving employment opportunities for members of the Traveller community in South County Dublin. The Committee requests the Government to continue to provide information on the specific measures taken, including in the context of the Action Plan for Jobs and the Workplace Diversity initiative, to address discrimination in employment and occupation based on race, colour and national extraction, including with respect to migrant workers, and on the results achieved. The Committee also asks the Government to continue to provide information on the specific measures taken or envisaged in the public and private sectors to promote equality of opportunity and treatment for the members of the Traveller community, and the results thereof.

Parts III and IV of the report form. Enforcement. The Committee had previously noted the decision taken in 2011 to merge the Equality Authority and the Irish Human Rights Commission to create the Human Rights and Equality Commission. It had also stressed the need to ensure that this new institution, which will have a broader mandate than that of the Equality Authority, has the necessary financial and human resources available to respond to the complaints regarding discrimination in employment, undertake awareness-raising and research activities, make recommendations to the authorities and promote equality among the stakeholders concerned … . The Committee asks the Government to continue to provide information on any developments on the establishment of the new Human Rights and Equality Commission, including with regard to any measures taken to ensure its effectiveness in promoting equality in employment and occupation. Please also provide details of the outcome of the discussion with the UN Deputy High Commissioner for Human Rights regarding the budget cuts and the impact on the various human rights institutions.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Articles 1 and 2 of the Convention. Equality of opportunity and treatment for men and women. In its previous comments, the Committee expressed concern that article 41.2 of the Constitution, which provides that “the State recognizes that by her life within the home, woman gives to the State a support without which the common good cannot be achieved” and that “the State shall, therefore, endeavour to ensure that mothers shall not be obliged by economic necessity to engage in labour to the neglect of their duties in the home”, might encourage stereotypical treatment of women in the context of employment, contrary to the Convention, and requested the Government to consider reviewing it. The Committee notes the information provided by the Government on the establishment in 2012 of a Constitutional Convention, made up of 66 citizens, 33 parliamentarians, and an independent chairperson, to make recommendations on constitutional reform, including with regard to article 41.2. It welcomes the Government’s indication that a sizable majority of members of the Constitutional Convention voted in favour of amending article 41.2, as well as other provisions in the Constitution with a view to adopting gender-neutral language. The Committee notes, however, that providing that “[carers] shall not be obliged by economic necessity to engage in labour to the neglect of their duties in the home”, while aiming at recognising the role of caregivers in society, is likely to apply mainly in practice to women, who, according to the Government’s report under the Equal Remuneration Convention, 1951 (No. 100), are responsible for more than 80 per cent of family-related tasks. The Committee considers that in the absence of further measures aimed at assisting both men and women to reconcile work and family responsibilities, and encouraging men to take on a greater share of family responsibilities, the provision may continue to hinder the inclusion or re-entry of women in the labour market. The Committee asks the Government to take the opportunity of the current constitutional review process to ensure that the Constitution, including article 41.2, does not encourage, directly or indirectly, stereotypical treatment of women in the context of employment and occupation, and to provide information on specific steps taken in this regard. The Committee also asks the Government to provide information on measures taken or envisaged to promote equality of opportunity and treatment for men and women, including with regard to access to the labour market and reconciliation of work and family responsibilities.

Article 1(1)(a). Discrimination based on political opinion or social origin. The Committee recalls its previous comments, in which it noted that the grounds of discrimination provided for in the Employment Equality Act do not cover political opinion and social origin. The Committee notes the Government’s repeated statement that there are no immediate plans to amend the equality legislation so as to include social origin and political opinion as prohibited grounds of discrimination. The Committee asks the Government to take steps to ensure legislative protection against discrimination in employment and occupation based on political opinion and social origin, and to provide information on the progress made in this regard. The Committee also asks the Government to provide information on the measures taken to ensure protection against discrimination based on political opinion and social origin in practice.

Article 1(2). Inherent requirements of the job. The Committee has previously noted that section 2 of the Employment Equality Act excludes from the Act’s scope of application with regard to access to employment “persons employed in another person’s home for the provision of personal services for persons residing in that home where the services affect the private or family life of such persons”. The Committee pointed out that, in practice, the broad and non-exhaustive definition of “personal services” in section 2 appeared to allow employers of domestic workers to make recruitment decisions on the basis of the grounds of discrimination set out in section 6(2) of the Act. The Committee recalls that the Convention is intended to promote and protect the fundamental right to non-discrimination and equality of opportunity and treatment in employment and occupation of all workers and that it only allows for exceptions to the principle of equal treatment in so far as they are based on the inherent requirements of a particular job, as strictly defined, and that there are very few instances where the requirements of a job are justified with reference to the grounds listed in the Convention. The Committee recalls further that overly broad exceptions to equality legislation excluding domestic workers from the protection against discrimination in respect to access to employment may lead to discriminatory practices by employers against these workers, contrary to the Convention. The Committee urges the Government to take steps to amend the relevant parts of section 2 of the Employment Equality Act, so as to ensure that any limitations on the right to non-discrimination in all aspects of employment and occupation are restricted to the inherent requirements of the particular job, as strictly defined.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 1(1)(b) of the Convention. Discrimination based on disability. The Committee notes the Government’s indication that under the “Action Plan for Jobs 2013”, measures will be taken to promote the employability of groups that have experienced labour market disadvantage related to discrimination, including based on disability, and that these will involve developing the equality capacity of employers, vocational education, training providers and labour market providers. The Committee also notes the 2012 report on disability in the Irish labour market published by the Equality Authority, which indicates that labour market participation rates are lowest for people with a physical or emotional/psychological disability, though people with an intellectual/learning disability experience higher levels of work-related discrimination. The Committee also notes the Government’s indication that, for the first time since the establishment of targets for the employment of workers with disabilities in the public service in 2005, the 3 per cent target was met in 2011. The Committee asks the Government to continue to provide information on the measures taken to address discrimination based on disability, as well as the impact of such measures, including under the Action Plan for Jobs.

Article 2. Gender equality. The Committee notes the extensive information provided by the Government on the measures taken, in cooperation with the social partners, with a view to promoting equality of opportunity and treatment between men and women. It notes, in particular, the information on the various initiatives and guidance tools developed to address discrimination on the basis of pregnancy or maternity. The Government also indicates that since 2009, a total of 11,350 women were assisted through the vocational training programmes implemented under the Equality for Women Measure (EWM 2008–2013), which aim to promote women’s entrepreneurship, as well as their access and return to the labour market. The Committee asks the Government to continue to provide information on the measures taken to promote equality of opportunity and treatment between men and women in employment and occupation, and the impact of such measures, including under the National Women’s Strategy, the EWM, and the Programme of the Equality Mainstreaming Unit.

Equality of opportunity and treatment irrespective of race, colour and national extraction. The Committee notes that the “Action Plan for Jobs 2013”, also addresses discrimination based on race. The Committee also notes the information provided by the Government on the initiatives carried out with a view to promoting equality of opportunity and addressing discrimination against members of the Traveller community. It notes in particular, the Government’s indication that a new training programme has recently been established with a view to improving employment opportunities for members of the Traveller community in South County Dublin. The Committee requests the Government to continue to provide information on the specific measures taken, including in the context of the Action Plan for Jobs and the Workplace Diversity initiative, to address discrimination in employment and occupation based on race, colour and national extraction, including with respect to migrant workers, and on the results achieved. The Committee also asks the Government to continue to provide information on the specific measures taken or envisaged in the public and private sectors to promote equality of opportunity and treatment for the members of the Traveller community, and the results thereof.

Parts III and IV of the report form. Enforcement. The Committee had previously noted the decision taken in 2011 to merge the Equality Authority and the Irish Human Rights Commission to create the Human Rights and Equality Commission. It had also stressed the need to ensure that this new institution, which will have a broader mandate than that of the Equality Authority, has the necessary financial and human resources available to respond to the complaints regarding discrimination in employment, undertake awareness-raising and research activities, make recommendations to the authorities and promote equality among the stakeholders concerned. In this connection, the Committee notes the Government’s indication that the members appointed to the new Commission have been requested by the Minister of Justice and Equality to undertake a review of additional staffing needs and that the Bill establishing the new institution has been submitted to the Joint Oireachtas Committee on Justice, Equality and Defense for consideration. The Committee asks the Government to continue to provide information on any developments on the establishment of the new Human Rights and Equality Commission, including with regard to any measures taken to ensure its effectiveness in promoting equality in employment and occupation. Please also provide details of the outcome of the discussion with the UN Deputy High Commissioner for Human Rights regarding the budget cuts and the impact on the various human rights institutions.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Articles 1 and 2 of the Convention. Equality of opportunity and treatment for men and women. In its previous comments, the Committee expressed concern that article 41.2 of the Constitution, which provides that “the State recognizes that by her life within the home, woman gives to the State a support without which the common good cannot be achieved” and that “the State shall, therefore, endeavour to ensure that mothers shall not be obliged by economic necessity to engage in labour to the neglect of their duties in the home”, might encourage stereotypical treatment of women in the context of employment, contrary to the Convention, and requested the Government to consider reviewing it. The Committee notes the information provided by the Government on the establishment in 2012 of a Constitutional Convention, made up of 66 citizens, 33 parliamentarians, and an independent chairperson, to make recommendations on constitutional reform, including with regard to article 41.2. It welcomes the Government’s indication that a sizable majority of members of the Constitutional Convention voted in favour of amending article 41.2, as well as other provisions in the Constitution with a view to adopting gender-neutral language. The Committee notes, however, that providing that “[carers] shall not be obliged by economic necessity to engage in labour to the neglect of their duties in the home”, while aiming at recognising the role of caregivers in society, is likely to apply mainly in practice to women, who, according to the Government’s report under the Equal Remuneration Convention, 1951 (No. 100), are responsible for more than 80 per cent of family-related tasks. The Committee considers that in the absence of further measures aimed at assisting both men and women to reconcile work and family responsibilities, and encouraging men to take on a greater share of family responsibilities, the provision may continue to hinder the inclusion or re-entry of women in the labour market. The Committee asks the Government to take the opportunity of the current constitutional review process to ensure that the Constitution, including article 41.2, does not encourage, directly or indirectly, stereotypical treatment of women in the context of employment and occupation, and to provide information on specific steps taken in this regard. The Committee also asks the Government to provide information on measures taken or envisaged to promote equality of opportunity and treatment for men and women, including with regard to access to the labour market and reconciliation of work and family responsibilities.

Article 1(1)(a). Discrimination based on political opinion or social origin. The Committee recalls its previous comments, in which it noted that the grounds of discrimination provided for in the Employment Equality Act do not cover political opinion and social origin. The Committee notes the Government’s repeated statement that there are no immediate plans to amend the equality legislation so as to include social origin and political opinion as prohibited grounds of discrimination. The Committee asks the Government to take steps to ensure legislative protection against discrimination in employment and occupation based on political opinion and social origin, and to provide information on the progress made in this regard. The Committee also asks the Government to provide information on the measures taken to ensure protection against discrimination based on political opinion and social origin in practice.

Article 1(2). Inherent requirements of the job. The Committee has previously noted that section 2 of the Employment Equality Act excludes from the Act’s scope of application with regard to access to employment “persons employed in another person’s home for the provision of personal services for persons residing in that home where the services affect the private or family life of such persons”. The Committee pointed out that, in practice, the broad and non-exhaustive definition of “personal services” in section 2 appeared to allow employers of domestic workers to make recruitment decisions on the basis of the grounds of discrimination set out in section 6(2) of the Act. The Committee recalls that the Convention is intended to promote and protect the fundamental right to non-discrimination and equality of opportunity and treatment in employment and occupation of all workers and that it only allows for exceptions to the principle of equal treatment in so far as they are based on the inherent requirements of a particular job, as strictly defined, and that there are very few instances where the requirements of a job are justified with reference to the grounds listed in the Convention. The Committee recalls further that overly broad exceptions to equality legislation excluding domestic workers from the protection against discrimination in respect to access to employment may lead to discriminatory practices by employers against these workers, contrary to the Convention. The Committee urges the Government to take steps to amend the relevant parts of section 2 of the Employment Equality Act, so as to ensure that any limitations on the right to non-discrimination in all aspects of employment and occupation are restricted to the inherent requirements of the particular job, as strictly defined.

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

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Article 1(1)(a) of the Convention. Prohibited grounds of discrimination. Political opinion and social origin. In its previous comments, the Committee noted that the grounds of discrimination under the Employment Equality Act did not cover political opinion and social origin. The Committee notes the Government’s indication that there are no immediate plans to amend the equality legislation with regard to the protected grounds so as to include social origin and political opinion. It further notes that the Government does not provide any information on the manner in which protection from discrimination based on political opinion and social origin is provided in practice. While noting that the Government refers to the European Charter of Fundamental Rights of the European Union which prohibits discrimination on these two grounds, the Committee recalls that where legal provisions are adopted to give effect to the principle of the Convention, they should include at least all the grounds of discrimination specified in Article 1(1)(a), including political opinion and social origin. It also draws attention to the need to review continually the protection afforded by the national legislation to ensure that it remains appropriate and effective, particularly in light of the regularly changing context and newly emerging grounds (General Survey on fundamental Conventions, 2012, paragraph 853). In addition, the Committee notes the views expressed in 2005 by the Irish Human Rights Commission that there is a strong basis in human rights law for extending the grounds of discrimination under the Employment Equality Act to cover discrimination on the basis of political opinion. The Commission was also of the view that, even if difficulties persisted around the definition of socio-economic status (social origin), the national courts would be “in a position to apply this flexible concept in the appropriate manner” (Extending the Scope of Employment Equality Legislation, May 2005). In the light of the above, the Committee hopes that the Government will take the necessary measures to extend the protection against discrimination in employment and occupation to cover political opinion and social origin and asks the Government to provide information on any developments in this respect.

Article 1(1)(b). Additional grounds of discrimination. In its previous comments, the Committee noted that the Employment Equality Act covers a number of grounds beyond those expressly listed in Article 1(1)(a) of the Convention, such as marital status, family status, age, disability, sexual orientation and membership of the Traveller community. The Committee requests the Government to provide information on the measures taken to promote and ensure equality of opportunity and treatment in employment and occupation, with a view to eliminating discrimination based on marital status, family status, age, disability, sexual orientation and membership of the Traveller community, and to communicate any relevant administrative or judicial decisions.

Article 2. Measures to promote employment equality irrespective of race, colour and national extraction. The Committee notes from the Government’s report that a Workplace Diversity Initiative that aims to provide practical support to employers’ organizations and trade unions to enable them to promote diversity at the workplace is run by the Equality Authority. This initiative includes numerous awareness-raising activities, organized with and by employers’ and workers’ organizations as well as chambers of commerce, and the development of codes of practice, to work towards the integration of different cultures in the workplace across various sectors of the economy. While welcoming the various initiatives including those of the social partners, the Committee hopes that the Government will make every effort to ensure that the action taken and progress achieved to promote equality of opportunity and treatment, including with respect to migrant workers, will not be adversely affected by the economic situation, and requests the Government to continue to provide information on measures taken or envisaged to promote equality in employment irrespective of race, colour and national extraction, and on the impact thereof.

Gender equality in employment and occupation. The Committee notes that the Government’s report contains no reply to its previous request for information on the implementation of the measures envisaged under the National Women’s Strategy to promote women’s equality in employment and occupation. The Committee notes from the Annual Report of the Equality Authority for 2011 that out of the 132 case files processed under the Employment Equality Act, 31 were based on the ground of gender. It further notes that according to the study entitled Pregnancy at Work: A National Survey, co-published in June 2011 by the Equality Authority, up to 30 per cent of women reported unfair treatment during pregnancy and 5 per cent of women employed during their pregnancy reported that they were dismissed, made redundant or treated so badly that they had to leave their job. The Committee requests the Government to provide information on the measures taken to ensure gender equality in employment and occupation, within the framework of the National Women’s Strategy or otherwise, as well as any specific measures to address discrimination based on pregnancy in cooperation with employers’ and workers’ organizations.

Article 3(d). Employment under the direct control of the national authorities. The Committee notes the introduction by the Public Appointments Service (PAS) of a monitoring system based on an equality monitoring form, established in consultation with the Equality Authority, to be voluntarily completed by candidates to determine whether any of the selection tools used discriminate under the nine enumerated grounds of discrimination and, if so, modify the tools. The Committee also notes that the various initiatives undertaken between 2005 and 2007 to provide members of the Traveller community with employment and internship opportunities with local authorities were evaluated and found to have produced positive results in terms of jobs and training provided. The Committee notes, however, that in its concluding observations, the United Nations Committee on the Elimination of Racial Discrimination (CERD) points out “the poor outcomes in fields of … education, housing, employment for Travellers as compared to the general population” (CERD/C/IRL/CO/3-4, 10 March 2011, paragraph 13). The Committee requests the Government to provide information on the measures taken to ensure and promote equality of opportunity and treatment in public sector employment, including information on the employment and training of members of the Traveller community, and provide information on their impact. It further requests the Government to provide specific information, including statistics, on any action undertaken by public employers regarding the employment of men and women with disabilities and the results thereof.

Enforcement. Equality body. The Committee notes that the decision was taken in 2011 to merge the Equality Authority with the Irish Human Rights Commission to create the Human Rights and Equality Commission and a Bill has been submitted to Parliament to this end. It further notes that in its concluding observations, the CERD expressed “grave concern over disproportionate budget cuts to various human rights institutions … such as the Irish Human Rights Commission, the Equality Authority and the National Consultative Committee on Racism and Interculturalism” (CERD/C/IRL/LD/3-4, 10 March 2011, paragraph 11). Recalling the importance of the work accomplished by the Equality Authority to address discrimination and promote equality in employment and occupation, the Committee trusts that the Government will ensure that the Human Rights and Equality Commission, the mandate of which will be broader than that of the Equality Authority, has available the necessary means and resources, in both human and material terms, so that it can respond to the complaints alleging discrimination in relation to employment, undertake awareness-raising and research activities, make recommendations to the authorities and promote equality among the stakeholders concerned. Please also provide a copy of the relevant Act once adopted.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Articles 1 and 2 of the Convention. Equality of opportunity and treatment for men and women. The Committee recalls that article 41.2 of the Constitution provides that “the State recognizes that by her life within the home, woman gives to the State a support without which the common good cannot be achieved” and that “the State shall, therefore, endeavour to ensure that mothers shall not be obliged by economic necessity to engage in labour to the neglect of their duties in the home”. In its previous comments, the Committee expressed concern that these provisions might encourage stereotypical treatment of women in the context of employment, contrary to the Convention, and it requested the Government to consider reviewing them. The Committee notes the Government’s indication that the Programme for the Government of National Recovery 2011–16 includes a commitment to establishing a Constitutional Convention to consider comprehensive constitutional reform, with a mandate to consider, among others, amending “the clause on women in the home” and encouraging greater participation of women in public life. According to the Programme, a report is to be established within 12 months on this issue, among others. The Committee hopes that the Government will be able to report progress in the near future concerning the revision of article 41.2 of the Constitution with a view to eliminating any tension between this provision and the principle of equality of opportunity and treatment for men and women in employment and occupation, and asks the Government to provide information on any developments in this respect. Please provide detailed information on the establishment of the Constitutional Convention, and provide any report or recommendations adopted on the revision of article 41.2 of the Constitution and any follow-up thereto.

Article 1(2). Inherent requirements of the job. In its previous comments, the Committee recalled that section 2 of the Employment Equality Act excludes from the scope of the Act with respect to access to employment “persons employed in another person’s home for the provision of personal services for persons residing in that home where the services affect the private or family life of such persons”. Under section 2, the term “personal services” includes “but is not limited to services that are in the nature of services in loco parentis or involve caring for those residing in the home”. The Committee pointed out that the definition of personal services affecting private or family life appears to be broad and non-exhaustive, and open to extensive interpretation. It noted that these provisions, in practice, would appear to have the effect of allowing employers of domestic workers to make recruitment decisions on the basis of the discriminatory grounds listed in section 6(2) of the Act – gender, marital status, family status, sexual orientation, age, disability, race, membership of the Traveller community – without such decisions being considered discriminatory. The Committee notes that in its report the Government refers once again to the need to balance the competing rights to respect private and family life and to equal treatment and that it reaffirms that the exclusion only applies to the access of domestic workers to employment. According to the Government, there is the possibility for a tribunal or a court to construe and apply the relevant provisions in a manner consistent with the human rights of the employer, employee and recipient of such personal services. The Committee recalls that the Convention is intended to promote and protect the fundamental right to non-discrimination and equality of opportunity and treatment in employment and occupation of all workers and that it only allows for exceptions to the principle of equal treatment in so far as they are based on the inherent requirements of a particular job. The Committee recalls that there are very few instances where the grounds listed in the Convention actually constitute inherent requirements of a job and exceptions relating to inherent requirements should be interpreted restrictively and on a case-by-case basis. Overly broad exceptions in equality legislation excluding domestic workers from the protection of discrimination in respect of access to employment may lead to discriminatory practices by employers against these workers, contrary to the Convention (see General Survey on fundamental Conventions, 2012, paragraphs 827–831). The Committee therefore requests the Government to take steps to amend the relevant parts of section 2 of the Employment Equality Act to ensure that decisions concerning the recruitment of all domestic workers cannot be based on any of the grounds contained in section 6(2) of the Act, except where this is justified on the basis of the inherent requirements of the job, as strictly defined.

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

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Article 1(1)(a), of the Convention. Prohibited grounds of discrimination. Political opinion and social origin. The Committee notes that following a study on the scope of the equality legislation published in 2004, the Government decided that there was no need to extend the grounds of discrimination to cover political opinion or social origin. The Government nevertheless points out that protection concerning political opinion was available under the Unfair Dismissals Act. It also expressed the view that the ground of social origin raised issues of definition.

While noting this information, the Committee wishes to emphasize that the national policy to promote and ensure equality of opportunity and treatment in employment and occupation to be adopted in accordance with the Convention must address discrimination based on all the grounds listed in Article 1(1)(a), including political opinion and social origin. While the Unfair Dismissals Act provides protection from dismissal that results wholly or mainly from the political opinions of the employee (section 6(2)), the legislation does not prohibit discrimination based on political opinion in employment and occupation more broadly, as defined under Article 1(3) of the Convention. With regard to the meaning of the ground of social origin, the Committee refers the Government to its General Survey of 1988 (paragraphs 54–56) and its Special Survey of 1996 (paragraphs 43–44) on equality in employment and occupation. The Committee requests the Government to indicate how protection from discrimination based on political opinion and social origin is provided in law and in practice and hopes that the Government will continue to consider the possibility of including these grounds in the legislation. It asks the Government to elaborate further on the difficulties regarding the definition of the ground of social origin, taking into account the explanations given in the General Survey of 1988 and Special Survey of 1996.

Article 2. Measures to promote employment equality. The Committee notes the continuing implementation of the Equality Review and Action Plan (ERAP) Scheme, the scheme assisting small and medium-sized enterprises in developing their policies and structure for addressing inequalities at the workplace; the promotional campaigns against racism and ageism at work; as well the studies and research projects into the impact of diversity and equality on productivity and the efforts to support research, data collection and resource development to identify labour market inequalities facing people with disabilities, older workers, minority ethnic groups and travellers. The Committee requests the Government to continue to provide information on the outcome and any follow-up of these measures, as well as information on any other steps taken or envisaged to promote the realization of employment equality.

Gender equality in employment and occupation. The Committee notes the National Women’s Strategy 2007–10, which has been developed with the participation of the social partners. In particular, the Committee notes the wide range of objectives and action envisaged under the Strategy to promote women’s equality in the labour force and to ensure that childcare services are optimized to meet the needs of parents and children alike. The Committee requests the Government to provide information on the implementation of the measures envisaged under the National Women’s Strategy to promote women’s equality in employment and occupation. Noting the Strategy’s focus on work and family reconciliation, the Committee requests the Government to indicate whether consideration is being given to ratifying the Workers with Family Responsibilities Convention, 1981 (No. 156).

Article 3(d). Employment under the direct control of the national authorities. The Committee notes that the Disability Act 2005, requires positive action by public employers in the employment of women and men with disabilities. The Civil Service holds special competitions with a view to ensuring that 3 per cent of all recruits are persons with disabilities. Some departments have developed codes of practice for the employment of persons with disabilities. The Committee also notes the information provided on the Civil Service Traveller Internship Programme and on the efforts to ensure recruitment of candidates of all ethnic and religious backgrounds in the police force. The Committee requests the Government to continue to provide information on the measures taken to ensure and promote equality of opportunity and treatment in public sector employment irrespective of sex, disability, ethnic origin, religion or other grounds. Please also provide information on the results achieved by such action, including statistical information.

Part V of the report form. The Committee requests the Government to continue to provide information on judicial and administrative decisions concerning equality of opportunity and treatment in employment and occupation, relevant studies and reports, and statistical information on the labour market situation of men and women, as well as ethnic minority groups, and persons with disabilities, disaggregated by sex.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Repetition

Articles 1 and 2 of the Convention. Equality of opportunity and treatment of men and women. The Committee recalls its previous comments concerning article 41.2 of the Constitution of Ireland which provides that “the State recognises that by her life within the home, woman gives to the State a support without which the common good cannot be achieved” and that “the State shall, therefore, endeavour to ensure that mothers shall not be obliged by economic necessity to engage in labour to the neglect of their duties in the home”. The Committee expressed concern that these provisions might encourage stereotypical treatment of women in the context of employment, contrary to the Convention and requested the Government to consider reviewing them. In this regard, the Committee notes that the All-Party Oireachtas Committee on the Constitution revisited the issue of article 41.2 of the Constitution in its Tenth Progress Report of 2006, concluding that a change of these provisions was desirable and recommending amendments. The Committee requests the Government to continue to provide information on the progress made with regard to the recommended revision of article 41.2 of the Constitution with a view to eliminating any tension between this provision and the principle of equality of opportunity and treatment of men and women in employment and occupation.

...

Article 1(2). Inherent requirements of the job. The Committee recalls that section 2 of the Employment Equality Act provides that “persons employed in another person’s home for the provision of personal services for persons residing in that home where the services affect the private or family life of such persons” are not considered employees under the Act as far as access to employment is concerned. The term “personal services” includes “but is not limited to services that are in the nature of services in loco parentis or involve caring for those residing in the home” (section 2). The Committee notes that these provisions deprive certain domestic workers from protection against discrimination in respect of access to employment. Noting from the Government’s report that this exception is meant to balance the competing rights to respect of one’s private and family life and to equal treatment, the Committee notes that these provisions, in practice, would appear to have the effect of allowing employers of domestic workers to make recruitment decisions on the basis of the grounds listed in section 6(2) of the Act, without such decisions being considered discriminatory.

The Committee recalls that the Convention is intended to promote and protect the fundamental right to equality of opportunity and treatment in employment and occupation and that it only allows for exceptions from the principle of equal treatment as far as they are based on the inherent requirements of the particular job. It therefore considers that the right to respect for one’s private and family life should not be construed as protecting conduct that infringes on this fundamental right (including conduct consisting of differential treatment of candidates for employment on the basis of any grounds covered by Article 1 of the Convention where this is not justified by the inherent requirements of the particular job in question). The Committee also notes that the definition of personal services affecting private or family life contained in section 2 of the Act appears to be broad and non-exhaustive, and open for extensive interpretation. The Committee considers that the exclusion of domestic workers from the protection against discrimination in respect to access to employment, as currently provided for in section 2, may lead to discrimination against these workers contrary to the Convention. The Committee requests the Government to provide information on the practical application of these provisions, including information on any relevant administrative or judicial decisions. It also requests the Government to indicate whether it is considering amending the relevant parts of section 2 of the Employment Equality Act to ensure that decisions concerning the recruitment of all domestic workers cannot be based on any of the grounds contained in section 6(2) of the Act except where this is justified on the basis of inherent job requirements.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 1(1)(a), of the Convention. Prohibited grounds of discrimination. Political opinion and social origin. The Committee notes that following a study on the scope of the equality legislation published in 2004, the Government decided that there was no need to extend the grounds of discrimination to cover political opinion or social origin. The Government nevertheless points out that protection concerning political opinion was available under the Unfair Dismissals Act. It also expressed the view that the ground of social origin raised issues of definition.

While noting this information, the Committee wishes to emphasize that the national policy to promote and ensure equality of opportunity and treatment in employment and occupation to be adopted in accordance with the Convention must address discrimination based on all the grounds listed in Article 1(1)(a), including political opinion and social origin. While the Unfair Dismissals Act provides protection from dismissal that results wholly or mainly from the political opinions of the employee (section 6(2)), the legislation does not prohibit discrimination based on political opinion in employment and occupation more broadly, as defined under Article 1(3) of the Convention. With regard to the meaning of the ground of social origin, the Committee refers the Government to its General Survey of 1988 (paragraphs 54–56) and its Special Survey of 1996 (paragraphs 43–44) on equality in employment and occupation. The Committee requests the Government to indicate how protection from discrimination based on political opinion and social origin is provided in law and in practice and hopes that the Government will continue to consider the possibility of including these grounds in the legislation. It asks the Government to elaborate further on the difficulties regarding the definition of the ground of social origin, taking into account the explanations given in the General Survey of 1988 and Special Survey of 1996.

Article 2. Measures to promote employment equality.  The Committee notes the continuing implementation of the Equality Review and Action Plan (ERAP) Scheme, the scheme assisting small and medium-sized enterprises in developing their policies and structure for addressing inequalities at the workplace; the promotional campaigns against racism and ageism at work; as well the studies and research projects into the impact of diversity and equality on productivity and the efforts to support research, data collection and resource development to identify labour market inequalities facing people with disabilities, older workers, minority ethnic groups and travellers. The Committee requests the Government to continue to provide information on the outcome and any follow-up of these measures, as well as information on any other steps taken or envisaged to promote the realization of employment equality.

Gender equality in employment and occupation. The Committee notes the National Women’s Strategy 2007–10, which has been developed with the participation of the social partners. In particular, the Committee notes the wide range of objectives and action envisaged under the Strategy to promote women’s equality in the labour force and to ensure that childcare services are optimized to meet the needs of parents and children alike. The Committee requests the Government to provide information on the implementation of the measures envisaged under the National Women’s Strategy to promote women’s equality in employment and occupation. Noting the Strategy’s focus on work and family reconciliation, the Committee requests the Government to indicate whether consideration is being given to ratifying the Workers with Family Responsibilities Convention, 1981 (No. 156).

Article 3(d). Employment under the direct control of the national authorities. The Committee notes that the Disability Act 2005, requires positive action by public employers in the employment of women and men with disabilities. The Civil Service holds special competitions with a view to ensuring that 3 per cent of all recruits are persons with disabilities. Some departments have developed codes of practice for the employment of persons with disabilities. The Committee also notes the information provided on the Civil Service Traveller Internship Programme and on the efforts to ensure recruitment of candidates of all ethnic and religious backgrounds in the police force. The Committee requests the Government to continue to provide information on the measures taken to ensure and promote equality of opportunity and treatment in public sector employment irrespective of sex, disability, ethnic origin, religion or other grounds. Please also provide information on the results achieved by such action, including statistical information.

Part V of the report form. The Committee requests the Government to continue to provide information on judicial and administrative decisions concerning equality of opportunity and treatment in employment and occupation, relevant studies and reports, and statistical information on the labour market situation of men and women, as well as ethnic minority groups, and persons with disabilities, disaggregated by sex.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

normal'>

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Articles 1 and 2 of the Convention. Equality of opportunity and treatment of men and women. The Committee recalls its previous comments concerning article 41.2 of the Constitution of Ireland which provides that “the State recognises that by her life within the home, woman gives to the State a support without which the common good cannot be achieved” and that “the State shall, therefore, endeavour to ensure that mothers shall not be obliged by economic necessity to engage in labour to the neglect of their duties in the home”. The Committee expressed concern that these provisions might encourage stereotypical treatment of women in the context of employment, contrary to the Convention and requested the Government to consider reviewing them. In this regard, the Committee notes that the All-Party Oireachtas Committee on the Constitution revisited the issue of article 41.2 of the Constitution in its Tenth Progress Report of 2006, concluding that a change of these provisions was desirable and recommending amendments. The Committee requests the Government to continue to provide information on the progress made with regard to the recommended revision of article 41.2 of the Constitution with a view to eliminating any tension between this provision and the principle of equality of opportunity and treatment of men and women in employment and occupation.

Article 1(2). Inherent requirements of the job. The Committee recalls that section 2 of the Employment Equality Act provides that “persons employed in another person’s home for the provision of personal services for persons residing in that home where the services affect the private or family life of such persons” are not considered employees under the Act as far as access to employment is concerned. The term “personal services” includes “but is not limited to services that are in the nature of services in loco parentis or involve caring for those residing in the home” (section 2). The Committee notes that these provisions deprive certain domestic workers from protection against discrimination in respect of access to employment. Noting from the Government’s report that this exception is meant to balance the competing rights to respect of one’s private and family life and to equal treatment, the Committee notes that these provisions, in practice, would appear to have the effect of allowing employers of domestic workers to make recruitment decisions on the basis of the grounds listed in section 6(2) of the Act, without such decisions being considered discriminatory.

The Committee recalls that the Convention is intended to promote and protect the fundamental right to equality of opportunity and treatment in employment and occupation and that it only allows for exceptions from the principle of equal treatment as far as they are based on the inherent requirements of the particular job. It therefore considers that the right to respect for one’s private and family life should not be construed as protecting conduct that infringes on this fundamental right (including conduct consisting of differential treatment of candidates for employment on the basis of any grounds covered by Article 1 of the Convention where this is not justified by the inherent requirements of the particular job in question). The Committee also notes that the definition of personal services affecting private or family life contained in section 2 of the Act appears to be broad and non-exhaustive, and open for extensive interpretation. The Committee considers that the exclusion of domestic workers from the protection against discrimination in respect to access to employment, as currently provided for in section 2, may lead to discrimination against these workers contrary to the Convention. The Committee requests the Government to provide information on the practical application of these provisions, including information on any relevant administrative or judicial decisions. It also requests the Government to indicate whether it is considering amending the relevant parts of section 2 of the Employment Equality Act to ensure that decisions concerning the recruitment of all domestic workers cannot be based on any of the grounds contained in section 6(2) of the Act except where this is justified on the basis of inherent job requirements.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 1, paragraph 1(a), of the Convention. Prohibited grounds of discrimination. Political opinion and social origin. The Committee notes that following a study on the scope of the equality legislation published in 2004, the Government decided that there was no need to extend the grounds of discrimination to cover political opinion or social origin. The Government nevertheless points out that protection concerning political opinion was available under the Unfair Dismissals Act. It also expressed the view that the ground of social origin raised issues of definition.

While noting this information, the Committee wishes to emphasize that the national policy to promote and ensure equality of opportunity and treatment in employment and occupation to be adopted in accordance with the Convention must address discrimination based on all the grounds listed in Article 1(1)(a), including political opinion and social origin. While the Unfair Dismissals Act provides protection from dismissal that results wholly or mainly from the political opinions of the employee (section 6(2)), the legislation does not prohibit discrimination based on political opinion in employment and occupation more broadly, as defined under Article 1(3) of the Convention. With regard to the meaning of the ground of social origin, the Committee refers the Government to its General Survey of 1988 (paragraphs 54–56) and its Special Survey of 1996 (paragraphs 43–44) on equality in employment and occupation. The Committee requests the Government to indicate how protection from discrimination based on political opinion and social origin is provided in law and in practice and hopes that the Government will continue to consider the possibility of including these grounds in the legislation. It asks the Government to elaborate further on the difficulties regarding the definition of the ground of social origin, taking into account the explanations given in the General Survey of 1988 and Special Survey of 1996.

Article 2. Measures to promote employment equality. The Committee notes with interest the information provided by the Government on the wide range of activities undertaken by the Equality Authority to promote workplace equality, including the information contained in the Authority’s 2005 and 2006 annual reports. The Committee notes in particular the continuing implementation of the Equality Review and Action Plan (ERAP) Scheme, the scheme assisting small and medium-sized enterprises in developing their policies and structure for addressing inequalities at the workplace; the promotional campaigns against racism and ageism at work; as well the studies and research projects into the impact of diversity and equality on productivity and the efforts to support research, data collection and resource development to identify labour market inequalities facing people with disabilities, older workers, minority ethnic groups and travellers. The Committee requests the Government to continue to provide information on the outcome and any follow-up of these measures, as well as information on any other steps taken or envisaged to promote the realization of employment equality.

Gender equality in employment and occupation. The Committee notes the National Women’s Strategy 2007–10, which has been developed with the participation of the social partners. In particular, the Committee notes the wide range of objectives and action envisaged under the Strategy to promote women’s equality in the labour force and to ensure that childcare services are optimized to meet the needs of parents and children alike. The Committee requests the Government to provide information on the implementation of the measures envisaged under the National Women’s Strategy to promote women’s equality in employment and occupation. Noting the Strategy’s focus on work and family reconciliation, the Committee requests the Government to indicate whether consideration is being given to ratifying the Workers with Family Responsibilities Convention, 1981 (No. 156).

Article 3(d). Employment under the direct control of the national authorities. The Committee notes that the Disability Act 2005, requires positive action by public employers in the employment of women and men with disabilities. The Civil Service holds special competitions with a view to ensuring that 3 per cent of all recruits are persons with disabilities. Some departments have developed codes of practice for the employment of persons with disabilities. The Committee also notes the information provided on the Civil Service Traveller Internship Programme and on the efforts to ensure recruitment of candidates of all ethnic and religious backgrounds in the police force. The Committee requests the Government to continue to provide information on the measures taken to ensure and promote equality of opportunity and treatment in public sector employment irrespective of sex, disability, ethnic origin, religion or other grounds. Please also provide information on the results achieved by such action, including statistical information.

Part V of the report form. The Committee requests the Government to continue to provide information on judicial and administrative decisions concerning equality of opportunity and treatment in employment and occupation, relevant studies and reports, and statistical information on the labour market situation of men and women, as well as ethnic minority groups, and persons with disabilities, disaggregated by sex.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Articles 1 and 2 of the Convention. Equality of opportunity and treatment of men and women. The Committee recalls its previous comments concerning article 41.2 of the Constitution of Ireland which provides that “the State recognises that by her life within the home, woman gives to the State a support without which the common good cannot be achieved” and that “the State shall, therefore, endeavour to ensure that mothers shall not be obliged by economic necessity to engage in labour to the neglect of their duties in the home”. The Committee expressed concern that these provisions might encourage stereotypical treatment of women in the context of employment, contrary to the Convention and requested the Government to consider reviewing them. In this regard, the Committee notes that the All-Party Oireachtas Committee on the Constitution revisited the issue of article 41.2 of the Constitution in its Tenth Progress Report of 2006, concluding that a change of these provisions was desirable and recommending amendments. The Committee requests the Government to continue to provide information on the progress made with regard to the recommended revision of article 41.2 of the Constitution with a view to eliminating any tension between this provision and the principle of equality of opportunity and treatment of men and women in employment and occupation.

Article 1, paragraph 1(b). Additional grounds of discrimination. The Committee recalls that, for the purpose of this Convention, the term “discrimination” includes differential treatment based on any of the grounds listed in Article 1(1)(a), as well as on any additional ground as may be determined by the Member concerned in accordance with Article 1(1)(b). In its previous comments, the Committee noted that the Employment Equality Act covers a number of grounds beyond those expressly listed in Article 1(1)(a) of the Convention (marital status, family status, age, disability, sexual orientation and membership of the Travelling Community) and invited the Government to indicate whether it considers that these grounds are covered by the Convention in respect of Ireland, pursuant to Article 1(1)(b). In its report, the Government confirms that section 6(2) of the Act includes these additional grounds in the definition of discrimination. The Committee also notes the Government’s indication that these provisions were drafted in accordance with the usual legislative procedures, including consultations with employers’ and workers’ organizations and representatives of the Travelling Community. Noting with interest the Government’s statement that it considers the grounds of marital status, family status, age, disability, sexual orientation and membership of the Travelling Community to be within the parameters of Article 1(1)(b), the Committee requests the Government to continue to provide information on the measures taken to promote and ensure equality of opportunity and treatment in employment of occupation, with a view to eliminating discrimination based on these additional grounds in respect thereof.

Article 1, paragraph 2. Inherent requirements of the job. The Committee recalls that section 2 of the Employment Equality Act provides that “persons employed in another person’s home for the provision of personal services for persons residing in that home where the services affect the private or family life of such persons” are not considered employees under the Act as far as access to employment is concerned. The term “personal services” includes “but is not limited to services that are in the nature of services in loco parentis or involve caring for those residing in the home” (section 2). The Committee notes that these provisions deprive certain domestic workers from protection against discrimination in respect of access to employment. Noting from the Government’s report that this exception is meant to balance the competing rights to respect of one’s private and family life and to equal treatment, the Committee notes that these provisions, in practice, would appear to have the effect of allowing employers of domestic workers to make recruitment decisions on the basis of the grounds listed in section 6(2) of the Act, without such decisions being considered discriminatory.

The Committee recalls that the Convention is intended to promote and protect the fundamental right to equality of opportunity and treatment in employment and occupation and that it only allows for exceptions from the principle of equal treatment as far as they are based on the inherent requirements of the particular job. It therefore considers that the right to respect for one’s private and family life should not be construed as protecting conduct that infringes on this fundamental right (including conduct consisting of differential treatment of candidates for employment on the basis of any grounds covered by Article 1 of the Convention where this is not justified by the inherent requirements of the particular job in question). The Committee also notes that the definition of personal services affecting private or family life contained in section 2 of the Act appears to be broad and non-exhaustive, and open for extensive interpretation. The Committee considers that the exclusion of domestic workers from the protection against discrimination in respect to access to employment, as currently provided for in section 2, may lead to discrimination against these workers contrary to the Convention. The Committee requests the Government to provide information on the practical application of these provisions, including information on any relevant administrative or judicial decisions. It also requests the Government to indicate whether it is considering amending the relevant parts of section 2 of the Employment Equality Act to ensure that decisions concerning the recruitment of all domestic workers cannot be based on any of the grounds contained in section 6(2) of the Act except where this is justified on the basis of inherent job requirements.

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

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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

Article 1(1)(a) of the Convention. Prohibited grounds of discrimination. Political opinion and social origin. The Committee notes that following a study on the scope of the equality legislation published in 2004, the Government decided that there was no need to extend the grounds of discrimination to cover political opinion or social origin. The Government nevertheless points out that protection concerning political opinion was available under the Unfair Dismissals Act. It also expressed the view that the ground of social origin raised issues of definition.

While noting this information, the Committee wishes to emphasize that the national policy to promote and ensure equality of opportunity and treatment in employment and occupation to be adopted in accordance with the Convention must address discrimination based on all the grounds listed in Article 1(1)(a), including political opinion and social origin. While the Unfair Dismissals Act provides protection from dismissal that results wholly or mainly from the political opinions of the employee (section 6(2)), the legislation does not prohibit discrimination based on political opinion in employment and occupation more broadly, as defined under Article 1(3) of the Convention. With regard to the meaning of the ground of social origin, the Committee refers the Government to its General Survey of 1988 (paragraphs 54–56) and its Special Survey of 1996 (paragraphs 43–44) on equality in employment and occupation. The Committee requests the Government to indicate how protection from discrimination based on political opinion and social origin is provided in law and in practice and hopes that the Government will continue to consider the possibility of including these grounds in the legislation. It asks the Government to elaborate further on the difficulties regarding the definition of the ground of social origin, taking into account the explanations given in the General Survey of 1988 and Special Survey of 1996.

Article 2. Measures to promote employment equality. The Committee notes with interest the information provided by the Government on the wide range of activities undertaken by the Equality Authority to promote workplace equality, including the information contained in the Authority’s 2005 and 2006 annual reports. The Committee notes in particular the continuing implementation of the Equality Review and Action Plan (ERAP) Scheme, the scheme assisting small and medium-sized enterprises in developing their policies and structure for addressing inequalities at the workplace; the promotional campaigns against racism and ageism at work; as well the studies and research projects into the impact of diversity and equality on productivity and the efforts to support research, data collection and resource development to identify labour market inequalities facing people with disabilities, older workers, minority ethnic groups and travellers. The Committee requests the Government to continue to provide information on the outcome and any follow-up of these measures, as well as information on any other steps taken or envisaged to promote the realization of employment equality.

Gender equality in employment and occupation. The Committee notes the National Women’s Strategy 2007–10, which has been developed with the participation of the social partners. In particular, the Committee notes the wide range of objectives and action envisaged under the Strategy to promote women’s equality in the labour force and to ensure that child-care services are optimized to meet the needs of parents and children alike. The Committee requests the Government to provide information on the implementation of the measures envisaged under the National Women’s Strategy to promote women’s equality in employment and occupation. Noting the Strategy’s focus on work and family reconciliation, the Committee requests the Government to indicate whether consideration is being given to ratifying the Workers with Family Responsibilities Convention, 1981 (No. 156).

Article 3(d). Employment under the direct control of the national authorities. The Committee notes that the Disability Act 2005, requires positive action by public employers in the employment of women and men with disabilities. The Civil Service holds special competitions with a view to ensuring that 3 per cent of all recruits are persons with disabilities. Some departments have developed codes of practice for the employment of persons with disabilities. The Committee also notes the information provided on the Civil Service Traveller Internship Programme and on the efforts to ensure recruitment of candidates of all ethnic and religious backgrounds in the police force. The Committee requests the Government to continue to provide information on the measures taken to ensure and promote equality of opportunity and treatment in public sector employment irrespective of sex, disability, ethnic origin, religion or other grounds. Please also provide information on the results achieved by such action, including statistical information.

Part V of the report form. The Committee requests the Government to continue to provide information on judicial and administrative decisions concerning equality of opportunity and treatment in employment and occupation, relevant studies and reports, and statistical information on the labour market situation of men and women, as well as ethnic minority groups, and persons with disabilities, disaggregated by sex.

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

Articles 1 and 2 of the Convention. Equality of opportunity and treatment of men and women. The Committee recalls its previous comments concerning article 41.2 of the Constitution of Ireland which provides that “the State recognises that by her life within the home, woman gives to the State a support without which the common good cannot be achieved” and that “the State shall, therefore, endeavour to ensure that mothers shall not be obliged by economic necessity to engage in labour to the neglect of their duties in the home”. The Committee expressed concern that these provisions might encourage stereotypical treatment of women in the context of employment, contrary to the Convention and requested the Government to consider reviewing them. In this regard, the Committee notes that the All-Party Oireachtas Committee on the Constitution revisited the issue of article 41.2 of the Constitution in its Tenth Progress Report of 2006, concluding that a change of these provisions was desirable and recommending amendments. The Committee requests the Government to continue to provide information on the progress made with regard to the recommended revision of article 41.2 of the Constitution with a view to eliminating any tension between this provision and the principle of equality of opportunity and treatment of men and women in employment and occupation.

Article 1(1)(b). Additional grounds of discrimination. The Committee recalls that, for the purpose of this Convention, the term “discrimination” includes differential treatment based on any of the grounds listed in Article 1(1)(a), as well as on any additional ground as may be determined by the Member concerned in accordance with Article 1(1)(b). In its previous comments, the Committee noted that the Employment Equality Act covers a number of grounds beyond those expressly listed in Article 1(1)(a) of the Convention (marital status, family status, age, disability, sexual orientation and membership of the Travelling Community) and invited the Government to indicate whether it considers that these grounds are covered by the Convention in respect of Ireland, pursuant to Article 1(1)(b). In its report, the Government confirms that section 6(2) of the Act includes these additional grounds in the definition of discrimination. The Committee also notes the Government’s indication that these provisions were drafted in accordance with the usual legislative procedures, including consultations with employers’ and workers’ organizations and representatives of the Travelling Community. Noting with interest the Government’s statement that it considers the grounds of marital status, family status, age, disability, sexual orientation and membership of the Travelling Community to be within the parameters of Article 1(1)(b), the Committee requests the Government to continue to provide information on the measures taken to promote and ensure equality of opportunity and treatment in employment of occupation, with a view to eliminating discrimination based on these additional grounds in respect thereof.

Article 1(2). Inherent requirements of the job. The Committee recalls that section 2 of the Employment Equality Act provides that “persons employed in another person’s home for the provision of personal services for persons residing in that home where the services affect the private or family life of such persons” are not considered employees under the Act as far as access to employment is concerned. The term “personal services” includes “but is not limited to services that are in the nature of services in loco parentis or involve caring for those residing in the home” (section 2). The Committee notes that these provisions deprive certain domestic workers from protection against discrimination in respect of access to employment. Noting from the Government’s report that this exception is meant to balance the competing rights to respect of one’s private and family life and to equal treatment, the Committee notes that these provisions, in practice, would appear to have the effect of allowing employers of domestic workers to make recruitment decisions on the basis of the grounds listed in section 6(2) of the Act, without such decisions being considered discriminatory.

The Committee recalls that the Convention is intended to promote and protect the fundamental right to equality of opportunity and treatment in employment and occupation and that it only allows for exceptions from the principle of equal treatment as far as they are based on the inherent requirements of the particular job. It therefore considers that the right to respect for one’s private and family life should not be construed as protecting conduct that infringes on this fundamental right (including conduct consisting of differential treatment of candidates for employment on the basis of any grounds covered by Article 1 of the Convention where this is not justified by the inherent requirements of the particular job in question). The Committee also notes that the definition of personal services affecting private or family life contained in section 2 of the Act appears to be broad and non-exhaustive, and open for extensive interpretation. The Committee considers that the exclusion of domestic workers from the protection against discrimination in respect to access to employment, as currently provided for in section 2, may lead to discrimination against these workers contrary to the Convention. The Committee requests the Government to provide information on the practical application of these provisions, including information on any relevant administrative or judicial decisions. It also requests the Government to indicate whether it is considering amending the relevant parts of section 2 of the Employment Equality Act to ensure that decisions concerning the recruitment of all domestic workers cannot be based on any of the grounds contained in section 6(2) of the Act except where this is justified on the basis of inherent job requirements.

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

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. Article 1 of the Convention. Scope of application. Self-employment. The Committee notes with interest that the Equality Act of 2004 extended the scope of the Employment Equality Act to include self-employment (sections 2(a) and 7) in conformity with the Convention.

2. Equality of opportunity and treatment of men and women. The Committee recalls its previous comments concerning article 41.2 of the Constitution in which it expressed concern that this provision might encourage stereotypical treatment of women in the context of employment, contrary to the Convention. It notes from the Government’s report that the All-Party-Oireachtas Committee on the Constitution recommended in 1997 a revised article 41.2 in gender-neutral form and that it intended to revisit this matter and to report on it to the Government in autumn 2005. The Committee requests the Government to continue to consider reviewing article 41.2 of the Constitution in order to eliminate any tension between this provision and the principle of equality of opportunity and treatment in employment and occupation and to provide information on the progress made in this regard in its next report.

3. Article 1(1)(a). Prohibited grounds of discrimination. Political opinion and social origin. In its previous comments, the Committee recommended that the Government consider extending the scope of the Equal Employment Act to cover discrimination based on political opinion and social origin. In this regard the Committee notes the report entitled “Extending the scope of employment equality legislation: Comparative perspectives on the prohibited grounds of discrimination” commissioned by the Department of Justice, Equality and Law Reform, which was published in September 2004 and which, inter alia, examines the grounds of political opinion and social origin. The Committee recalls that under Convention No. 111, Ireland has undertaken to adopt and pursue a national equality policy covering all the grounds listed in Article 1(1)(a) of the Convention, including political opinion and social origin. The Committee has consistently held that where legal provisions are adopted with a view to applying the Convention, all grounds covered by the Convention should be included. It therefore requests the Government to provide in its next report information on the measures taken and progress made in this regard.

4. Article 1(1)(b). Additional grounds. In its previous comments, the Committee noted that the Equal Employment Act covers a number of grounds beyond those expressly listed in Article 1(1)(a) of the Convention. In this regard, the Committee invites the Government once again to indicate whether it considers that these grounds are covered by the Convention in respect of Ireland, pursuant to Article 1(1)(b).

5. Article 1(2). Inherent requirements. The Committee recalls its previous comments on section 37(5) of the 1998 Act which exempted from the protection of discrimination, on all but the ground of gender, employment in a private household. The Committee notes that this provision was repealed by the Equality Act of 2004, as was former section 26(2) which contained a similar exception on the ground of gender. However, the Committee also notes that section 2, as amended, reintroduces a similar exception in relation to all prohibited grounds covered by the Equal Employment Act. Section 2 now provides that “persons employed in another person’s home for the provision of personal services for persons residing in that home where the services affect the private or family life of such persons” are not considered employees under the Act as far as access to employment is concerned. Recalling that the Convention only allows for exceptions to the principle of non-discrimination as far as they are based on the inherent requirements of the job, the Committee hopes that this new exception clause will be interpreted and applied in accordance with the Convention. It requests the Government to provide information in its future reports on any relevant case law. The Committee also reiterates its request to the Government to provide statistical information on private household employment in Ireland, including information on the gender and ethnic composition of the workforce engaged in domestic work.

6. Articles 1(3) and 3(e). Access to vocational training. In its previous comments, the Committee expressed concern that section 12(7) may have a discriminatory effect on the basis of race with respect to access to vocational training and sponsorships, scholarships, bursaries and other awards. The Committee reiterates its request to the Government to indicate whether it is considering repealing or modifying the provision and to provide specific information regarding any efforts made to monitor the provision of vocational training and awards, to ensure that neither direct nor indirect race-based discrimination occurs.

7. Article 2. Measures to promote employment equality. The Committee notes the information provided by the Government on the activities of the various responsible bodies and authorities to promote equality of opportunity and treatment in employment and occupation. The Committee notes in particular the work accomplished by the Equality Authority, as set out in its 2005 Annual Report, and its continuing cooperation with workers’ and employers’ organizations within the framework of the social partnership agreements. The Committee requests the Government to continue to provide information on the measures envisaged or taken to promote effective equality of opportunity and treatment in employment and occupation, including the following:

(a)   information on progress in the implementation of equality reviews and their impact on equality and diversity at the workplace;

(b)   statistical information on the status in employment and occupation of men and women, as well as other persons and groups protected under the Convention;

(c)   noting that the Equality Act of 2004 revises the relevant provisions of the Equal Employment Act to permit positive measures in relation to any of the grounds covered by the Equal Employment Act, the Committee requests the Government to provide further information on the concrete action and programmes carried out or envisaged to remove existing employment inequalities; and

(d)   information on the implementation of the employment-related measures provided for under the National Action Plan against Racism (2005-08) and the follow-up made to the recommendations contained in the Report of the High-Level Group on Traveller Issues (March 2006).

8. Article 3(d). Employment under the direct control of the national authorities. Noting that the Government’s reply to point 11 of the Committee’s previous direct request relates to promotion of employment of socially excluded groups, the Committee reiterates its requests to the Government to provide information on any measures taken to promote effective equality in employment under the direct control of the national authorities, particularly the civil service. In this regard, please indicate whether specific equality or affirmative action programmes or polices are being implemented in the civil service or other public employment.

9. Article 4. Under this provision, the ratifying member States may take measures affecting the employment of individuals suspected of, or engaged in, activities prejudicial to state security, without coming into conflict with the principle of equality of opportunity and treatment. For instance, individuals may be banned from exercising certain occupations due to convictions for acts undermining state security (see the 1996 Special Survey on the Convention, paragraphs 123-129). In order to enable the Committee to examine the application of the Article in Ireland, the Committee requests the Government to indicate whether any legislative, administrative or other measures have been put in place that affect the employment or occupation of persons suspected of, or engaged in, activities prejudicial to state security, and to indicate whether persons affected by such measures have a right to appeal. The Committee is requesting this information in order to ensure that any such measures do not amount to discrimination contrary to the Convention (e.g. on the ground of political opinion or religion).

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the information in the Government’s first report on the Convention, as well as the attached documentation and statistics. The Government is requested to provide information on the following points.

1. Article 1 of the Convention. The Committee notes that the Constitution of Ireland provides for equality before the law for citizens. It also notes that article 40.1 provides that equality before the law does not mean that the State shall not in its enactments have due regard to differences of capacity, physical and moral, and of social function", and that article 41.2 affirms the particular value of the life of women in the home and that the State will act to ensure that women will not be forced by economic necessity to employment "to the neglect of their duties in the home". The Committee is concerned that these provisions might encourage stereotypical treatment of women in the context of employment contrary to the Convention. It requests the Government to consider reviewing these provisions in order to minimize or eliminate any possible tension between them and the promotion of equal opportunity of men and women in employment and occupation.

2. The Committee notes the Equal Employment Act, 1998 ("the Act"), as amended and buttressed by the Equal Status Act, 2000, and its wide range of protection against employment discrimination. In particular, the Committee takes note of the Act’s protection against employment discrimination based on all the grounds specified in the Convention, other than political opinion and social origin. The Committee asks the Government if it is considering amending the Act to bring its coverage into line with the Convention, by including a prohibition of discrimination in employment on the grounds of political opinion and social origin. In the meantime, the Committee requests the Government to provide information on any practical steps it is taking to combat discrimination in employment based on either of these grounds. Noting that section 6(2) of the Act also prohibits discrimination based on marital status, family status, sexual orientation, age, disability and membership in the traveller community, the Committee asks the Government if it has extended, or if it intends in the future to extend, its interpretation of the application of the Convention to these grounds and to any other that the Minister deems should be covered by the Act.

3. With regard to the prohibition of indirect discrimination under the Act, the Committee notes that the definition of "indirect discrimination" on the basis of gender in section 22 differs somewhat from the definition of "indirect discrimination" on the basis of the other prohibited grounds of discrimination in section 31, and requests the Government to explain what practical differences the two definitions may entail.

4. Article 1, paragraph 2. The Committee notes that any requirement that one has technical or professional qualifications for a particular post, where the qualification is "generally accepted", is exempted from the definition of discrimination under the Act. The Government is requested to provide information on whether this allows for qualifications to be required that extend beyond the inherent requirements of the job. Please also provide information on whether there are any safeguards to ensure against this provision being applied in practice in a manner that indirectly discriminates against persons on grounds contained in the Convention.

5. The Committee notes that under sections 25(3) and 37 of the Act, where a post involves duties outside the State, in a place where the laws or customs could not reasonably be performed by a person of the sex, race or religion in question, the post will be construed as having sex, race or religion (as the case may be) as an occupational qualification. Concerned that potentially discriminatory treatment in other jurisdictions may inadvertently have repercussions in Irish employment practice, the Committee requests the Government to describe how these provisions are employed in practice.

6. Noting that the Act protects from discrimination any person who has entered into or works under a contract of employment (section 8), the Committee requests the Government to clarify the extent of coverage under the Act or otherwise for persons, such as those engaged in certain occupations or self-employed persons, who work but are not employed.

7. In light of the fact that section 37(5) of the Act exempts from protection against discrimination, on all but the gender ground, employment in a private household, the Committee asks the Government for statistical information on private household employment practices. Additionally, the Committee requests that the Government provide information about any measures that are in place to ensure against any discriminatory practices in the context of domestic employment.

8. The Committee notes that section 12(7) of the Act provides that discrimination based on race, inter alia, does not occur when preferential treatment in vocational training, specifically regarding fees or allocation of places, is provided to citizens of Ireland or nationals of another Member State of the European Union; and, in addition, it permits differential treatment as regards race in the awarding of sponsorships, scholarships, bursaries and other awards where "reasonably justifiable, having regard to traditional or historical considerations". The Committee is concerned that these provisions may have a discriminatory effect on the basis of race with respect to vocational training and awards, which would be inconsistent with the Convention, and asks if the Government is considering repealing or modifying the provision. In the meantime, the Committee encourages the Government to monitor the provision of such training and awards to ensure that neither direct nor indirect race-based discrimination occurs, and it requests that the Government provide the Committee with information on its efforts in this regard.

9. Article 2. The Committee notes the expansion of powers of the newly named Equality Authority ("Authority"), as well as the creation of the Office of the Director of Equality Investigations ("ODEI") and the Human Rights Commission. It also notes the wide range of constructive and informative activities that these statutory bodies (particularly the Authority and ODEI) are engaged in, that are directed specifically to combating discrimination in employment and promoting equal employment opportunities, such as the development and implementation of the code of practice on sexual harassment and harassment in the workplace, the Authority’s research into and lobbying on behalf of collecting employment data disaggregated by all the Convention’s prohibited grounds of discrimination, and the carrying out of equality reviews. The Committee requests the Government to continue to provide information on the activities of these bodies.

10. Article 3. The Committee notes the Government’s cooperation with a wide range of social partners, including employers’ and workers’ organizations, in the promotion of its national policy, by means of social partnership agreements (including the Programme for Fairness and Prosperity, and Sustaining Progress). It requests the Government to continue providing information on the details of such cooperative arrangements in so far as they bear on the principles of the Convention, including any new programmes and practices developed under them. It also requests further information on applicable progress made in pursuit of the National Employment Action Plan goals.

11. Noting the Act’s application to most employment under the direct control of national authorities, the Committee requests the Government to provide details of efforts by such authorities, including affirmative action plans and policies, employee and management training programmes, the provision of vocational guidance, training and placement services, and other related practices, designed to further the goals of the national policy to promote equal opportunity and to eliminate discrimination in employment.

12. Article 4. The Committee notes the Government’s statement that there are no legislative or administrative appeal mechanisms in place against measures taken in cases where persons are suspected of or engaged in activities prejudicial to the security of the State. However, the Committee draws the Government’s attention to the fact that the Convention requires the Government to provide for an effective right to appeal of persons to which employment opportunities have been denied for reasons related to state security (see 1988 General Survey on the Convention, paragraph 137). The Committee therefore requests the Government to provide information on whether such cases have arisen and on how the requirements of the Convention are guaranteed in such cases.

13. Article 5. The Committee notes that current legislation permits the taking of positive measures in certain contexts to remove existing employment inequalities, particularly for women, and also for travellers and for victims of discrimination in the provision of training or work experience. In this connection, it requests the Government to furnish further details as to what particular kinds of actions and programmes are contemplated, as well as further information about any such efforts that are already in place or planned. In addition, the Committee asks the Government if it contemplates extending the scope of permissible positive action to reach inequalities in other aspects of the employment context, and for the other grounds of discrimination recognized by the Convention.