Observation (CEACR) - adoptée 1998, publiée 87ème session CIT (1999)

Convention (n° 111) concernant la discrimination (emploi et profession), 1958 - Espagne (Ratification: 1967)

1. The Committee notes the detailed information provided by the Government in its last report in respect of the application of the Convention, which was received in 1997 and not examined at the time due to the examination of the representation, submitted by the General Confederation of Labour of Argentina (CGT), and the information provided by the General Workers' Trade Union (UGT) of 22 January 1998. The Committee also notes the report of the Governing Body Committee established to examine the representation by the CGT submitted in 1997 under article 24 of the ILO Constitution concerning the question of the practice of dentistry in Spain by Argentinean dentists with Argentinean diplomas (document GB.272/7/3). The Governing Body Committee concluded that there had been no violation in law and in practice of Convention No. 111 in this respect.

2. In its previous comment, the Committee had noted the adoption of new legislation promoting non-discrimination on the grounds of gender and had requested the Government to provide information on the application in practice of the new legislation. The Committee notes the detailed information provided by the Government concerning the importance it places on the active policy to promote equality between men and women in social matters. The Committee also notes with interest that under sections 53.4 and 55 of the new text of the Workers' Statute, adopted by Royal Legislative Decree No. 1/1995, governing termination of employment contracts for objective or disciplinary reasons, discrimination constitutes a basis for nullifying the dismissal. It also notes the recent insertion of section 184 into Organic Act No. 10/1995 respecting the Penal Code of 23 November which lays down that sexual harassment is an offence (thus classifying sexual harassment among the list of offences against workers' rights, under section 314 of the Penal Code, which includes acts of serious discrimination against a person and failure to re-establish equality upon request or administrative sanction).

3. The Committee also notes with interest the various decisions handed down by the Constitutional Court following appeals (amparo) for protection, in respect of the alleged violation of the principle of equality in matters of remuneration and non-discrimination on the ground of sex, as well as the sentences issued by the Supreme Court and other courts which nullify the dismissal of workers who have taken maternity leave and which pronounce on inequality of remuneration and sexual harassment. Finally, the Committee notes the Government's statement with regard to the activities of the Labour and Social Security Inspectorate in matters of discrimination in employment and occupation during 1995 and 1996, and the list of proceedings and violations registered concerning discriminatory practices against female, disabled and other categories of workers.

4. The Committee also notes the comments made by the UGT, to the effect that discriminatory practices in employment and occupation for reasons of sex will only be completely eradicated when the Government adopts legal and other measures designed to accelerate the socio-cultural exchange in the division of family responsibilities. The UGT further pointed to the need, above all, for specific inspection measures to prevent discrimination in matters of remuneration (working women's wages are 20 to 30 per cent less than their male counterparts) and access to employment, promotion and advancement, areas in which women are seriously discriminated against. The Government has not submitted comments on these points. The Committee hopes that the Government will communicate detailed information in respect of the measures taken in this regard.