Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Czechia (Ratification: 1993)

1. Articles 1 and 2 of the Convention. Legislative developments. The Committee notes from the Government’s report that Act No. 46/2004 has amended and supplemented the equal treatment provisions of the Labour Code (section 1). The Act introduced definitions of direct and indirect discrimination, harassment, including sexual harassment, and provisions on permissible exceptions to the principle of non-discrimination, i.e. differential treatment based on inherent job requirements and special temporary measures to achieve gender equality. The Committee also notes that section 4 of the new Employment Act (No. 435/2004) provides for equal treatment of all individuals asserting their rights to employment. Section 4 of the Act prohibits direct and indirect discrimination on all the grounds covered by the Convention, and a number of additional grounds, including health condition, age, property, sexual orientation, and citizenship. The Government is asked to continue to provide information on the practical application of the non-discrimination provisions contained in the Labour Code, the Employment Act and the Civil Service Act, including the measures taken by the competent authorities to monitor their application, and information on relevant administrative or judicial decisions.

2. Articles 1 and 3(d). Prohibition of discrimination in respect of access to the civil service. Recalling its previous comments concerning the Civil Service Act, the Committee notes that section 80 of the Act appears to prohibit discrimination against appointed civil servants, but not in respect of admission to the preparation for appointment or appointment itself. Recalling that the Convention is intended to provide protection from discrimination at all stages of employment, including in respect to recruitment, the Committee asks the Government to indicate the measures taken, in law and in practice, to ensure that the principle of non-discrimination is applied in respect of admission to the preparation for entry into the civil service, during the preparation period and in respect of appointment.

3. Article 1(1)(b). Additional grounds of discrimination. The Committee notes that the non-discrimination provision contained in the different laws in the Czech Republic enumerate not only all the grounds explicitly listed in Article 1(1)(a) of the Convention, but also some additional grounds, such as age, health condition, family situation, property, sexual orientation, etc. The Committee requests the Government to indicate whether it considers these additional grounds to be covered by the Convention by virtue of its Article 1(1)(b).

4. Discrimination on the ground of political opinion. The Committee recalls that section 30(2) of the Civil Service Act provides that a person may not be appointed to the service if he or she cannot be reasonably expected to observe the democratic principles of the Constitutional Order of the Czech Republic in the performance of his or her duties. The Committee notes the Government’s assurances that this provision served to appraise the applicant in terms of reasonable requirements of loyalty to the country and its democratic principles, which was considered as a key prerequisite of proper exercise of public authority. Any decision regarding appointment that would go beyond these considerations would constitute discrimination on the ground of political opinion. Unsuccessful candidates were entitled to go to court and seek compensation under generally applicable civil legislation. The Committee asks the Government to provide statistics on any unfavourable decisions taken on the basis of this provision and to indicate whether unsuccessful candidates have the possibility to have unfavourable decisions overturned. Please also clarify the relationship between section 30(2) of the Civil Service Act and the provisions of the Screening Act dealing with admission to the civil service.

5. Article 2. Equality of opportunity and treatment of men and women. The Committee notes that according to statistical information compiled by the ILO, 43 per cent of the total female population was economically active in 2004, while this rate was 57.8 per cent for men. The rate of registered unemployment for 2004 was 8.3 per cent for men and 10.9 per cent for women. It also notes that most of the respondents taking part in the annual survey on gender equality carried out by Ministry of Employment and Social Security were of the view that it was more and more difficult for women to obtain jobs and to carry out business activities. The Committee notes that in 2002 the Government Council for Equal Opportunities of Men and Women was established which serves as an advisory body. Since 2002 all ministries are preparing and implementing their own gender equality programmes and gender focal points have been established in all ministries. In most ministries some progress has been made since then in addressing sex-based vertical job segregation, but women still appear to be under-represented in management and decision-making jobs. The Government is requested to continue to provide information on the measures taken, in law and in practice, to promote and ensure equality of opportunity and treatment of men and women in the private and public sectors, including information on measures to address horizontal and vertical job segregation based on sex, and measures to promote reconciliation of work and family obligations and a more equal sharing of family responsibilities between men and women. The Government is also asked to provide statistical information on the position of men and women in the labour market, according to sectors, areas of economic activities, and occupational groups, as well as the distribution of men and women in part-time work.