Demande directe (CEACR) - adoptée 2005, publiée 95ème session CIT (2006)

Convention (n° 111) concernant la discrimination (emploi et profession), 1958 - France (Ratification: 1981)

1. Travellers. With respect to the practical application of Act No. 2000-614 of 5 July 2000 on measures to integrate travellers, the Committee notes with interest that a National Consultative Commission on Travellers (CNCGV) has been created to provide a forum for national dialogue between representatives from travellers, elected representatives, administration and other qualified persons. It notes that the role of this Commission is, among others, to study the specific problems encountered by travellers and make proposals to improve their integration in the national community, particularly with respect to employment. The Consultative Commission also drafts an annual report on its activities and provides, upon request, advice to Government on draft legislative texts and programmes permitting a better integration of the travellers in the community. The Committee requests the Government to keep it informed of the specific activities and results achieved by the National Consultative Commission on Travellers to promote the integration of travellers into the labour market and to ensure that they are not subject to discriminatory treatment in employment and occupation on the basis of the grounds set forth in Article 1(1)(a) of the Convention.

2. Equality of treatment between men and women. Further to its observation, the Committee notes that the results achieved by the project ESPERE in the context of the European EQUAL Programme, which aimed at sensitizing and training the actors concerned with employment policy on issues of multiple discrimination based on race and sex in the labour market, would be available in November 2005. It also notes that in the context of the Equality Charter a number of ministers have programmed activities to diversify occupational and educational orientation, to promote education based on mutual respect and to sensitize educators on gender equality issues. The Committee is interested in receiving information on the results of the ESPERE project as well as on the impact of the activities carried out by the various ministries to improve women’s access to employment and vocational training.

3. Cooperation with the social partners. Further to its observation, the Committee notes the Government’s recognition in its report that the participation of women in decision-making and governing bodies of limited liability companies and public enterprises and in joint administrative committees remains very low. It notes that the Service on the Rights of Women and Equality (SDFE) has made some proposals in this regard, including that strong legal action appears to be necessary today to ensure that women are adequately represented at the highest level of decision in limited liability companies and public enterprises. The Committee requests the Government to provide information on any specific measures taken to follow up on the proposals made by the SDFE.

4. Noting that the National Inter-Occupational Agreement encourages the social partners to address any remaining stereotypes about women’s place in employment, the Committee requests the Government to provide information on the practical measures employers and trade unions have adopted in this regard as well as any other measures taken or envisaged by the Government to change existing attitudes, stereotypes and prejudices regarding women’s employment.

5. Enforcement. The Committee notes the information provided on the cases handled by the courts regarding sex discrimination, including equal pay. It requests the Government to continue to provide information on recent judicial decisions regarding the practical effect given to the provisions of Act No. 2001-1006 of 16 November 2001 to combat discrimination and which amended the Penal Code and the Labour Code, particularly respecting the burden of proof in cases of discrimination.