Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Uruguay (Ratification: 1989)

Article 1(1)(a) of the Convention. Sexual harassment. The Committee notes the information provided by the Government in its report, where: (1) it indicates that the National Institute for Employment and Vocational Training (INEFOP) has worked on training for the prevention of violence and harassment in the workplace, in which 849 users and 55 companies have participated; and (2) it reports on the recent publications of the “Manual on the institutional approach to violence in the workplace” and the “Protocol on dealing with behaviour involving harassment at work, sexual harassment and discrimination” and the “Manual on the prevention and eradication of violence in the workplace”. Likewise, the Committee notes that in its concluding observations, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), while welcoming the efforts made by the State party to prevent and address gender-based violence against women, such as the adoption of Act No. 19580, recommends the Government to increase the human, technical and financial resources allocated for the implementation of this Act, and strengthen the mandatory and continuous capacity-building for judicial officers, prosecutors, police officers, penitentiary officers and other law enforcement officials, health professionals and social workers on the strict application of Act No. 19580 (CEDAW/C/URY/CO/10, November 14, 2023, paragraphs 21 and 22). The Committee requests the Government to continue to provide information on the measures adopted for the implementation of Act No. 18561 of 2009 on sexual harassment and Act No. 19580 of 2018 on gender-based violence against women.It once again requests the Government to provide information on the number of cases of sexual harassment dealt with by the competent authorities, as well as the sanctions imposed, and remedies granted.The Committee also refers to the final paragraph of this comment regarding the new procedure for complaints of fundamental rights violations.

Article 2. Gender equality in employment and occupation. The Committee welcomes the enactment of Law No. 19846 of 19 December 2019 on equality and non-discrimination between women and men, which provides, inter alia, for the obligation to establish specialized gender units in all state agencies, aimed at mainstreaming a gender perspective, evaluating compliance with the National Public Policy on Gender Equality in the respective institution, and planning human management with a gender perspective. The Committee notes that in relation to the National Strategy for Gender Equality 2030, approved by Decree No. 137/018 of 7 May 2018, the Government has provided information on the care policies adopted, and in this regard, the Committee refers to its comments on the application of the Workers with Family Responsibilities Convention, 1981 (No. 156). The Committee recalls that in its previous comments, it noted that the Strategy also provides for measures in other areas, such as promoting women's access to the labour market, deconstructing gender stereotypes and eliminating occupational segregation. With regard to promoting equal access to employment for women, the Committee notes that the Government reports that: (1) between 2020 and 2022, 900 women were trained at INEFOP, with a labour market integration rate of 40 per cent, and between 2023 and 2024, INEFOP developed 15 projects benefiting 1,600 women; and (2) an information booklet on the “Women in the Information Technology Sector” project has been created to encourage the integration of women in this underrepresented sector. The Committee also notes that CEDAW is concerned about the limited implementation of Act No. 19846 and of policies to address intersecting forms of discrimination against women and recommends the effective implementation of legislation that prohibits direct and indirect discrimination in the public and private spheres (CEDAW/C/URY/CO/10, paragraphs 9 and 10). The Committee welcomes the measures taken by the Government and trusts that they will contribute to the objective of achieving gender equality in employment and occupation.In this context, the Committee requests the Government to continue to provide information on:(i) the measures implemented under the National Strategy for Gender Equality 2030 and their results; (ii) the functioning of the specialized gender units in the various public bodies, detailing their role in the evaluation and implementation of public policies on gender equality and the impact of their work on reducing gender gaps in employment and occupation;and (iii) the results and impact of the 15 projects implemented by INEFOP, specifying the sectors that have been prioritized and the employability rate obtained after the completion of these projects.

Persons of African descent. The Committee notes the extensive information provided by the Government regarding measures to promote equality of opportunity and treatment in employment and occupation for persons of African descent. The Committee notes, inter alia: (1) the proposed National Plan for Racial Equity 2025, aimed at improving the quality of life and employment opportunities for persons of African descent; (2) the creation, within the Ministry of Social Development (MIDES), of the Division for the Promotion of Public Policies for People of African Descent, aimed at strengthening policies with an ethnic-racial approach; (3) that, by 2024, 10.15 per cent of participants in job training programmes were of African descent, exceeding the minimum quota of 8 per cent established by Act No. 19122 on affirmative action for persons of African descent; and (4) that, in 2024, 21.07 per cent of participants in the “Access” programme, relating to integration in the formal labour market, were of African descent. In addition, the Government reports that: (1) specific actions have been carried out in departments with a high concentration of persons of African descent, such as Rivera, where 50 people were trained in non-traditional trades; and (2) in 2024, a new education and labour project was launched in six departments, which included training in entrepreneurship linked to the manufacture of wooden games and the use of medicinal plants, with a strong gender focus. The Committee notes that the United Nations Committee on the Elimination of Racial Discrimination is concerned, inter alia, about the lack of accountability and reporting on the programmatic use of financial resources of the Division for the Promotion of Public Policies for People of African Descent (CERD/C/URY/CO/24-26, 13 September 2023, paragraph 13). While welcoming the Government’s efforts, the Committee requests it to submit information on: (i) the National Plan for Racial Equity 2025, including its impact on the employment and occupation of persons of African descent; (ii) the programmes developed and implemented by the Division for the Promotion of Public Policies for People of African Descent, together with the results achieved and the measures adopted to ensure an adequate allocation of financial resources; and (iii) the continuity of the “Access” programme, and the follow-up for the women of African descent who participated in it, especially their incorporation into formal employment.Lastly, the Committee encourages the Government to continue to fully implement Act No. 19122 and to provide information on further efforts to increase the participation of persons of African descent in public and private employment, accompanied by up-to-date statistics disaggregated by sex and sector.

Persons with disabilities. The Committee notes that during the period 2022–23, courses were held in collaboration with the University of the Republic (UDELAR) and the National School of Public Administration (ENAP) to train 62 human management officials from public agencies as labour agents, with a view to promoting the inclusion of persons with disabilities, in accordance with Act No. 19691 of 2018. As to the implementation of the Act, the Committee refers to its comments on the application of the Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159). The Committee notes that this Act introduces positive measures for the inclusion of persons with disabilities in both the public and private sector and creates the National Commission on Labour Inclusion to monitor and coordinate its implementation. The Government also reports, inter alia, on: (1) the holding of 1,570 career counselling interviews between 2020 and 2024, reflecting a sustained effort to improve access to and tenure in employment for persons with disabilities; (2) the abolition of psycho-technical tests in competitive examinations for persons with intellectual and psychosocial disabilities in 2023, which has provided more equitable access to jobs in the public service; (3) the Extraordinary Assistance Programme (AYEX) aimed at the social, educational and cultural integration, as well as the rehabilitation, of children and adults with disabilities and/or developmental disorders, which had provided, as of 31 October 2023, 39,562 services, including locomotion, speech therapy, physiatry, psychomotricity and psychology. The Committee requests the Government to provide information on the specific impact of the above-mentioned measures and training, including the results on the effective inclusion of persons with disabilities in the public and private sector. It also requests the submission of statistics disaggregated by type of disability and gender on access to employment, tenure, promotion rates and the impact of the abolition of psycho-technical tests in competitive examinations for persons with intellectual and psychosocial disabilities. Lastly, the Committee requests information on the monitoring actions of the National Commission on Labour Inclusion in the private sector.

Enforcement. The Committee notes that the Government refers to Decree No. 371/022 of 16 November 2022, which establishes a new procedure for complaints of fundamental rights violations, including discrimination, setting a maximum time limit of 18 months for the resolution of complaints of fundamental rights violations and a time limit of 90 days for the issuance of a final legal report following the receipt of evidence. The Committee requests the Government to provide detailed information on the number of complaints received, including through the new procedure under Decree No. 371/022, as well as information on the sanctions imposed, the remedies granted and their average duration.