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

Individual Case (CAS) - Discussion: 2016, Publication: 105th ILC session (2016)



The Government provided the following written information:

The Government of the Czech Republic provided statistical data on the position of women in the labour market in document D.13, which is available at: http://www.ilo.org/wcmsp5/groups/public/---ed_norm/---relconf/documents/meetingdocument/ wcms_488018.pdf.

Concerning the activities of the Government in regard to the disadvantaged members of the Roma community, due to the limitations on the amount of the additional information that can be supplied, information for only a selection of projects implemented or supported by the Government is provided in order to show examples of the measures taken by the administration in cooperation with the municipalities. Support for labour integration of Roma minority in Vsetín district: targeting a group of 40 Roma living in the Vsetín district, who are long-term unemployed (for a period longer than six months) and with low or no qualifications and thus representing one of the least employable groups in the labour market. The objective is to be achieved through a comprehensive package of educational and counselling services (a motivational and activation programme, a financial literacy programme, individual counselling and retraining). The secondary objective is awareness-raising of the target group impacting other family members. Second chance for the Roma minority in Karviná: the main objective of the project is to support work, as well as the social integration, of 48 Roma living in socially excluded localities in Karviná through one of the two possible retraining courses offered – in the professions of security guard or painter. Supplementary education and individual counselling are also provided, in order to enable the target group to acquire professional qualifications and knowledge and skills in areas important for successful job applications and which offer positive benefits for their lives in general. Last, but not least, an objective is to motivate the group to appropriately change their current lifestyle, to take part in the labour market and to increase their self-confidence. An important objective is to successfully employ at least 15 participants in new jobs. A chance for the unemployed in Supíkovice: the main objective is to increase the employment of disadvantaged groups of workers (ethnic minorities and persons above 50) from the municipalities of Supíkovice, Velké Kunetice, Písecná and Stará Cervená Voda, through courses, lectures and other tools. Particular objectives are to increase the work competences, skills and abilities of participants to find jobs in the open labour market, strengthen work habits and skills in terms of compliance with technical procedures, and establish conditions for the creation of new jobs in municipalities. Support to the socially excluded Roma population in Opava for labour integration: the main objective of this project is to motivate and activate 60 long-term unemployed members of the Roma community living in socially excluded localities in Opava, and to help them with labour market integration through interconnected modules of training and counselling services (a motivational and activation module, plus individual counselling, financial literacy and counselling, and a qualification module), with great emphasis on individual approaches to the need of the participants in the target group. The primary objective is to place at least 22 successful trainees, that is 37 per cent of the persons supported, in new jobs (at least 16 positions) and vacant jobs (six positions at least), and also to promote work prospects and sustainability for the other participants. The secondary objective is a certain kind of awareness of impact on other members of the participants’ households. I live and work in Odry: the target group of the project is the unemployed citizens of the town of Odry from the Roma community who are particularly affected by the unfavourable conditions impairing their access to the labour market. The main objective of the project is to provide assistance for the labour market integration of socially excluded persons. This is to be achieved by addressing particular issues facing persons coming from the target groups, including through motivational programmes, financial counselling, retraining and work programmes. REALITA: the objective of the project is to create the conditions for and purposefully motivate participants to change their position and status in the labour market, provide them with counselling, training and assistance services, leading to the acquisition of the skills to find and retain a job. The project also tries to support the integration of young people, including people from the Roma community, into society, through preventive measures to avoid social exclusion, debts, poverty and drug addiction. Another aspect is to enhance the educational structure for the population in municipalities through the engagement of participants in retraining, and to improve work habits through work experience and “work tasting”. The objective is to place at least 31 per cent of participants in new jobs. A specific objective is the establishment of contact points, supporting these efforts through proactive counselling, information services, cooperation with municipalities, labour office contact points and employers in the region. The project focuses on the Doupovské Hory micro-region (Bochov, Chyše, Valec and Žlutice). Hurray to work!: the objective of the project is to allow persons from a socially excluded group to familiarize themselves with work habits. The intention is to perform retraining in a profession which would allow the participants to find a job after the termination of the project, so that they are no longer dependant on social benefits. Furthermore, the project intends to achieve a certain level of education for the participants to enable them to communicate with local authorities and possible employers, and to enable their sound economic thinking and finance management. Efforts have been made to convince the project participants that it is better to work every day and be creative than to depend on social benefits. A profession for you: the objective of the project is to promote the labour integration of 60 people under 25 years of age (including minors under 18) with no qualifications or with low qualifications, including people from ethnic minorities or from different social and cultural environments who are at risk of social exclusion or are already socially excluded. The project should remove barriers impairing their equal access to the labour market and their ability to remain in work. The project is designed to establish a comprehensive programme consisting of recommended components of active employment policy focused on increasing employment and facilitating access to the labour market. These main components include psychological, motivational and encouragement activities, balance and work diagnostics, retraining courses, self-presentation, rhetoric and communication skills, computer literacy, counselling, work centres and subsidized jobs. Instead of a couch I choose a COACH: the target group for this project is people under 25 years of age and persons from different social and cultural environments. The general objective of the project is to verify new integration methods for work with the target group (50 participants). The project will provide education for 50 participants (that is, 100 per cent), and assumes that 26 participants will successfully attend retraining (52 per cent). The objective is to provide work prospects for 39 participants (that is, 78 per cent of the target group). The project is also focused on addressing adverse living situations, leading to the social inclusion of 40 participants of the coaching programme (80 per cent) and establishing a platform for legal and work counselling, and a page on the Facebook social network. The aim is to develop a methodology for a comprehensive employment support programme for the target group. Opportunity for the unemployed: the main objective of the project is for 40 persons from target groups living in Moravský Beroun and Šternberk and the surrounding area to be included and stabilized in the local labour market and in society. One target group consists of persons from socially disadvantaged environments, focusing on unemployed Roma. A second significant target group is people older than 50. Project activities include individual labour market counselling, the implementation of retraining courses, career counselling and job-seeking support, and the placement of persons from the target group in jobs. Perspective for employment of ethnic groups: the project is focused on the labour market integration of Roma community members who are at risk of social exclusion or are already socially excluded. Project implementation is aimed at removing barriers to access to the labour market for this community and for them to remain there. The objective is to provide counselling services leading to the activation and motivation of the target group to proactively seek a job and retain it, and their own discovery of personal and professional prerequisites, the creation of a professional portfolio assisted by experts, training in work skills, the basics of entrepreneurship, the acquisition and improvement of qualifications, the creation and retention of jobs, the engagement of local businesses and the dissemination of best practice. Labour integration of socially excluded persons in the Javorník micro-region: the project is focused on supporting labour market integration and on increasing employment and the employability of the target group of 40 people from ethnic minorities in the Javorník micro-region. The objective is to be achieved through activities such as a motivational module, labour diagnostics applied to a part of the target group, the creation of individual plans and counselling, the implementation of retraining courses and certified training based on the needs identified and the plans formulated. The implementing entity will generate nine new jobs and also take steps to mediate employment for other project participants. Back to work – back to society: the project will apply already tested or adjusted best practices, obtained through the first project, to new socially-excluded Roma localities in the Teplá and Toužim micro-regions. Populations living in excluded localities, such as Služetín, Poutnov, Horní Poutnov, Bezverov, Mrázov and Pekovice, and new people from Dobrá Voda or Nová Farma interested in participation, will benefit from services provided by the project, such as labour counselling, motivation and activation courses, retraining courses, work experience or subsidized jobs in the professions of tailoring, carpentry, cleaning and auxiliary technical work. The project directly follows up another project and will provide its successful participants with one of the key activities of the project, the completion of primary education, through motivational and activation courses and retraining. One of the participants will be enabled to obtain a subsidized job. So far, none of the retraining courses have been available, due to the low level of education of the participants. The project will support at least 40 persons with the objective of obtaining ten new jobs. Chance for better employability of persons at risk: the project is focused on a group of socially excluded persons living in Kadan and the surrounding area (currently, there are two socially excluded localities – Prunérov and Chomutovská Street). The objective is to integrate some people from the target group into the labour market, particularly those aged 16–26, and people older than 50, and also persons from different social and cultural environments. Labour assistants on the project, in cooperation with social workers (who will not participate in the project, but only cooperate with members of the implementation team), will contact approximately 150 people, and 60 of them will be involved in a three-stage training block (motivational job club, professional and balance diagnostics, and retraining). Retraining will be implemented based on the outcomes of the diagnostics and also in cooperation with the Labour Office of the Czech Republic. If possible, professional experience will be provided during retraining (for at least 40 trainees). Labour consultants will seek suitable jobs for project participants and eventually mediate a subsidized job (22 persons in total during the duration of the project). While participating in the training block, the participants will be provided with individual job counselling, or cooperation with other organizations will be mediated, if so required, due to the participants’ social situations.

In addition, before the Committee, a Government representative, referring to the issue of protection against anti-union discrimination, said that article 10 of the Constitution established the precedence of international treaties ratified by the Czech Republic over national legislation. Hence, even without an explicit mention in national labour law, the courts could invoke the provisions of the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), and the Workers’ Representatives Convention, 1971 (No. 135), which prohibited discrimination against workers or their representatives on the grounds of their membership of trade unions or their trade union activities. The right to organize was protected by section 179 of the Criminal Code, while section 49 of the Misdemeanours Act provided for penalties against any person who caused harm to another for his or her membership of trade unions. Following the request of the Committee of Experts, the Government, after consultation with the most representative organizations of workers and employers, had adopted Resolution No. 867 of 26 October 2015 which tasked the Minister for Human Rights, Equal Opportunities and Legislation to address the issue of the explicit prohibition of anti-union discrimination. In order to address the situation of the Roma population in the labour market, the Government had implemented a broad range of measures, including activities supported by the European Union, aimed at promoting social inclusion and combating poverty and discrimination. Accordingly, 76 projects, with a budget of €17 million aimed at providing social services in Roma communities, had been implemented in 2014; 24 projects worth €4.3 million focusing on training, job mediation, activation support and the creation of subsidized jobs had been implemented; and 26 projects with a budget of €4.5 million for the integration of ethnic minorities into the labour market had been implemented in 2015. In recent past years, a project with a budget of €3.5 million had been implemented in the region of Ústí nad Labem, the region with the highest rate of unemployment in the Czech Republic where a large proportion of inhabitants were of Roma ethnicity. This project, which aimed to help people in these localities to obtain skills and work experience, had supported around 1,200 people. The Government had also implemented: (i) projects focused on increasing the employability of workers through soft skills training, which supported over 26,000 people from vulnerable groups, including the Roma; (ii) programmes aimed at pupils and students from these groups offering education assistance and financial support for schooling to improve their prospects in the school-to-work transition; and (iii) measures aimed at facilitating the return of women to the labour market after maternity leave. He said that there was no data that would indicate major distinctions between the situation of Roma women and men in the labour market. The Government, through the adoption of the Civil Service Act in 2014, had narrowed down the application of the Screening Act to those positions within the state administration which included decision-making powers and were directly involved in the development and implementation of national policies or national security and public order. Those employees in the state administration who were outside the civil service had been excluded from the application of the Screening Act since 1 January 2015.

The Worker members recalled that the violation by the Czech Republic of the principle of non-discrimination in employment and occupation had been examined on several occasions by the Committee, especially since 2008. As was the case in 2010, the Government had once again failed to submit a report in response to the observations of the Committee of Experts. The Worker members were most concerned at this turn of events and called for the Government to be firmly called to order for not complying with its obligations. Although the written submissions, which had been received just one day before the Committee was due to examine the case, did provide a certain amount of information on social integration projects aimed at the Roma community and on the direct request concerning discrimination based on gender, they contained no information on any anti-discrimination legislation or the Screening Act, namely screening based on political opinion. The Worker members nevertheless thanked the Government for the additional details it had supplied orally.

Three issues needed to be dealt with: anti-discrimination legislation, discrimination based on political opinion and the situation of the Roma community. Firstly, the revised Labour Code retained the ban on all forms of discrimination in labour relations, but dropped the reference to the actual forms of discrimination that were banned, which were the same as those referred to in the Anti-Discrimination Act. This had the effect of substantially reducing the number of forms of discrimination that were banned, compared to the situation before the reform, and workers were no longer protected against certain grounds of discrimination, such as matrimonial or family status, family responsibilities, political conviction or membership of a political party, trade union or employers’ organization. Moreover, a 2011 amendment to the Employment Act had further limited protection against discrimination in employment by also referring to the Anti-Discrimination Act. The Convention required ratifying States to implement the principle of non-discrimination in practice and to improve protective arrangements for victims of discrimination. It also invited them to appoint bodies with the mandate to promote, analyse and verify the application of the principle of non-discrimination, in collaboration with the social partners. As the Committee of Experts had recommended, the Government needed to closely monitor the application in practice of the Anti-Discrimination Act and the Charter of Fundamental Rights and Freedoms, specifically in the field of employment and occupation, as well as the application of the Labour Code and the Employment Act, particularly with regard to the possibility for workers to assert their right to non-discrimination and obtain compensation. It was essential for the Government to pursue its consultations with representative workers’ and employers’ organizations, as required by the Convention, so as to maintain the level of protection that existed prior to the reform of the Labour Code. Secondly, the problems posed by the Screening Act, which laid down certain conditions of a political nature which must be met prior to exercising a series of jobs and occupations, notably in the public service, had been regularly monitored for over 20 years, and the Governing Body had invited the Government to repeal or amend such provisions. The Committee of Experts, which had on a number of occasions recalled that “political opinion may be taken into account as an inherent requirement only for certain posts involving special responsibilities directly concerned with developing government policy”, had not received any information in writing on the functions referred to in the Screening Act. Thirdly, concerning the social exclusion suffered by the Roma community, especially in matters of education, training, employment and occupation, the Government seemed to have taken a more proactive approach. The Worker members emphasized that the Comprehensive Strategy for Combating Social Exclusion (2011–15) was coming to an end and they requested information on the concrete results obtained, as the experience of the Czech Republic could serve as a model for other European countries confronted with the same challenge of devising a broader strategy. They called for the creation of a working group for the improvement of the situation of the Roma community, under the auspices of the ILO and the European Commission.

The Employer members thanked the Government for its explanations and the written submissions that the Committee had received the previous day. Convention No. 111 was one of the fundamental Conventions of the ILO and, as such, warranted special attention and close monitoring. It was now the third time that the Conference Committee had been called upon to examine the case and the Committee of Experts had already formulated observations on the application of the Convention in the country on 14 occasions. The document submitted by the Government still contained no information on any legislative developments or on the manner in which the principles of the Convention were applied by the courts. The fact that there was no written report on the latest developments, in response to the 2010 conclusions of the Conference Committee and the 2013 observations of the Committee of Experts, was regrettable as it prevented the Conference Committee from holding an in-depth tripartite discussion on the subject. As for the legislation banning discrimination in labour relations, one of the grounds established for discrimination was “opinions”, which was a very broad concept inasmuch as, according to the Government, it covered “world view”. The new Labour Code and the 2004 Employment Act referred explicitly to the general Anti-Discrimination Act and its list of ten prohibited grounds of discrimination, but no longer included a list of specific grounds in respect of labour relations. Moreover, Parliament had not taken advantage of the revision of the labour legislation in 2011 to explicitly include political opinion among the grounds of discrimination. With regard to the practical aspects of discrimination, the Employer members wished to know whether the courts of law in the country were consistent in their application of the principles of non-discrimination covered by the Convention, which was fundamental to any in-depth examination of the situation by the Committee. The steps that had been taken by the Government to combat discrimination, including the publication of leaflets to draw the attention of the population at large to the issue, should be encouraged, as prejudice was a complex, profound and tenacious individual and collective reaction to a situation that needed to be combated by society as a whole. That said, it was important for the leaflets to contain comprehensive information on all the grounds of discrimination that were prohibited under the Convention.

The Committee of Experts had continually criticized the Screening Act since its entry into force and had repeatedly expressed its profound concern regarding discrimination on the grounds of political opinion. While the original objective might have been to prohibit former Communist party members, who had held power between 1948 and 1989, from holding certain offices in the police and army so as to uphold democracy, the Employer members wondered whether this exclusion was still justified over 25 years after the establishment of a democratic regime in the country. They expressed concern that the information had been received late and supported the request by the Committee of Experts for precise data on the issue to be submitted in writing, including the number of certificates issued and appeals lodged. Finally, they welcomed the stated willingness of the Government to combat social exclusion at all levels, including the exclusion of vulnerable groups, and particularly the Roma community, within the education system. These efforts should be continued, especially in a period of economic recession or budgetary difficulties, and greater attention should be devoted to girls and women from the Roma community so as to assess the specific impact of the measures taken on the integration of these groups and obtain objective data on a regular basis, including statistics. The Employer members urged the Government to provide full and up-to-date information and invited it to request ILO technical assistance to bring the Screening Act into line with the fundamental principles of the ILO in the area of non-discrimination.

The Worker member of the Czech Republic regretted that, despite the promises made by the Government during the ILO mission in April 2011 to include in the Labour Code the list of all the prohibited grounds of discrimination existing in the Employment Act, nothing had so far been done. The 2011 amendment to the Employment Act had removed the list of prohibited grounds of discrimination from its provisions. The anti-discrimination legislation had therefore worsened. Neither the Labour Code nor the Employment Act now included anti-discrimination provisions. The only anti-discrimination statute, the Anti-Discrimination Act, omitted the very important grounds of political conviction and membership or activities in political parties, trade unions or employers’ organizations, which had previously been explicitly covered in the former Labour Code and the Employment Act. He deplored the lack of political will to eliminate these gaps and supported the request by the Committee of Experts for the Government to take the necessary measures to ensure the protection of workers against discrimination in employment and occupation on the basis of all the grounds previously covered by the labour legislation. He requested the Government to implement this recommendation by amending the Labour Code and suggested that it request the technical assistance of the ILO in this regard. On the issue of discrimination against the Roma in employment and occupation, many programmes had been implemented to promote their equal access to education, training and employment, but it was difficult to assess any real improvement in practice. Finally, with regard to the issue of discrimination on the basis of political opinion, taking into account the implementation of the new Act on the Civil Service, it was necessary to repeal the Screening Act.

The Worker member of France, also speaking on behalf of Slovak, Hungarian, Swiss and Polish workers, indicated that discrimination constituted a violation of the rights enunciated in the Universal Declaration of Human Rights, and that for this reason, Convention No. 111 was one of the fundamental Conventions of the ILO and one of its most important labour standards. Any discrimination in industrial relations based on race, skin colour, sex, sexual orientation, language, faith and religion, political or other opinion, membership or activities in political parties or political movements, trade unions or other associations, nationality, ethnic or social origin, property, gender, health status, age, marital and family status, should be prohibited. But this was not enough. The provisions of the Convention needed to be reflected in the national legislation, and the latter had to be properly implemented in practice and respected by all parties. The fact that employers respected the legislation in practice would enable every worker to have the same employment opportunities, thus making workplaces more decent and fair and improving industrial and personal relations. She hoped that the promises made by the Government during the ILO technical mission several years earlier would be fulfilled within a reasonable period of time and that the scope of grounds of discrimination set out in the legislation would be broadened so as to guarantee the protection of workers’ rights. She expressed full support for the Czech-Moravian Confederation of Trade Unions and their demands.

The Government representative assured that the opinions expressed in the Committee would be brought to the attention of the relevant authorities. He wished to make a few short remarks in response to certain points raised. Concerning the anti-union discrimination, the Government had brought the opinions of the ILO supervisory bodies to the attention of the supreme national tripartite authority on two separate occasions in 2011 and 2013. However, no specific follow-up had been decided on those occasions. After the new Government had been formed in 2014 following the general elections, the intra-governmental discussion had been resumed with the resulting decision mentioned in the opening statement. The Government representative acknowledged that the outcome was neither an adopted law nor a bill in parliament, but emphasized that it was a first formal step in the legislative process, made in direct connection with the comments of the Committee of Experts. As regards the suggestions on the relevance of the Screening Act, which dealt with those persons actively engaged with the Communist regime before 1989 as members of the upper echelons of the Communist party or its repressive apparatus, he informed the Committee that the last motion to abolish the Screening Act had been soundly rejected by the Chamber of Deputies in February 2014. Thus it was evident that the Parliament, which was the only body with the constitutional competence to abolish laws in the Czech Republic, considered the Screening Act to be still relevant, even 25 years after its adoption. Finally, as had been pointed out, the situation of the Roma was a multifaceted issue and the Government had strived and would still strive to continue its efforts in fighting their discrimination and social exclusion.

The Employer members thanked the Government for the written and verbal information it had supplied. Regarding the country’s national anti-discrimination legislation and the statutory list of prohibited grounds of discrimination, they insisted that the Government submit information to the Committee of Experts on the application of the principles of the Convention in practice, in particular in national courts. Noting the information provided on the new 2014 Act on Civil Service, they advised the Government to consider repealing the Screening Act, following the example of the Slovak Government which had recently done so. In the meantime, the Government was invited to provide more detailed practical information in writing, indicating specifically the positions for which a screening certificate was requested and issued and the responsibilities that were directly concerned with formulating government policy. The Employer members thus echoed the Committee of Experts’ conclusions on the subject while encouraging the Government to avail itself of ILO technical assistance to amend its legislation. Turning to the socio-economic integration of the Roma communities, which remained a complex issue, they noted with satisfaction the Government’s presentation on the numerous projects it had devised to end discrimination against them. It was of course difficult to assess their tangible impact, but that was precisely why the Government needed to submit more information on the concrete results of such measures. Lastly, the Employer members emphasized the importance of providing the information requested in a timely manner and supplying specific and relevant data, so that the progress made both in law and in practice could be assessed.

The Worker members noted, at the end of the discussion, that the Government was seriously committed to reforming its national legislation in order to give effect to the Convention. However, a number of recommendations made by the Committee of Experts in previous years had not been followed. The Government should, in consultation with the social partners, reform its anti-discrimination legislation in order to restore the level of protection that had existed prior to the 2006 reform. In the 2012 General Survey on the fundamental Conventions (paragraph 808) the Committee of Experts had expressed its concern “that in some countries, upon the adoption of new labour legislation, previously available protection against discrimination based on additional grounds had been withdrawn”. In such cases, the Committee had asked governments “to hold consultations with the representative employers’ and workers’ organizations and other appropriate bodies concerning those additional grounds with a view to maintaining the previous level of protection”. It was thus necessary to again explicitly restore protection against discrimination on the grounds of marital or family status, family responsibilities, political opinion and membership of a political party, trade union or employers’ organization. In order to ensure clarity and legal certainty, the Labour Code should, in explicit terms, list all the prohibited grounds of discrimination and not simply refer to another piece of legislation. Once it had strengthened protection against discrimination, the Government should ensure that the principle of prohibition of discrimination was applied effectively. This could be achieved by establishing bodies to promote, examine and monitor the application of the non-discrimination principle in collaboration with the social partners. Victims of discrimination should also be able to assert their right not to be discriminated against and to obtain redress. In addition, the Screening Act should be repealed or brought into line with the Convention. If the Act was not repealed, the Government should provide the Committee of Experts with all relevant information, particularly as to the functions to which the Screening Act applied, so that the Committee could examine the legislation’s compliance with the Convention. The Worker members concluded by encouraging the Government to continue its efforts to integrate the Roma population and to report to the Committee of Experts regularly on the results obtained in that regard. In order to achieve all of the stated objectives, the Government should accept ILO technical assistance.

Conclusions

The Committee took note of the information provided by the Government representative and the discussion that followed on issues raised by the Committee of Experts.

The Committee welcomed the Government’s information on the programmes undertaken for integration of disadvantaged members of the Roma community and the statistics on the position of women in the labour market.

The Committee expressed disappointment that the Government had not provided a report in time for the Committee of Experts’ review. It requested the Government to report in detail on the application in law and practice of Convention No. 111, so that the Committee of Experts can fully consider the Government’s responses on all of the issues raised in this case.

Taking into account the discussion of the case, the Committee requested the Government to:

• - Regarding the anti-discrimination legislation, inform in detail the Committee of Experts on the application in practice of the principles and prohibited grounds contained in Convention No. 111, including through the national case law.
• - Inform the Committee of Experts on the application of the law that has recently reformed the public sector (2014) and how this law clarifies the kind of employment positions that are still subject to the Screening Act; Provide statistical information on the number of certificates issued under the Screening Act and the appeals lodged against a positive certificate; Repeal or amend the Screening Act, in consultation with the social partners and consider the possibility of ILO technical Assistance on this point.
• - Ensure the effective application of the Anti-Discrimination Act by putting in place bodies charged with promoting, analysing and enforcing the law and provide effective remedies for victims of discrimination.
• - Inform the Committee of Experts on the real impact of programmes of assistance for the integration in employment of the Roma population, including women of the Roma community.

Individual Case (CAS) - Discussion: 2010, Publication: 99th ILC session (2010)

A Government representative indicated that his Government welcomed the opportunity to discuss the application of the Convention in this Committee, in particular with respect to issues related to the situation of the Roma in the labour market, the anti-discrimination legislation and Act No. 451 of 1991 (the Screening Act). With regard to the situation of the Roma in the labour market, he assured the Committee that the 2008 conclusions of this Committee had been taken seriously by his Government, which had taken a series of measures at the European and national levels. At the European level, inclusion of the Roma had been a priority during the Czech Republic’s presidency of the Council of the European Union (EU) in 2009. Under its leadership the “European Platform for Roma Integration” (the Platform) had been adopted with the aim of facilitating coordination of national and EU policies on Roma social inclusion and exchanging good practices between Member States, Roma civil society and international organizations dealing with Roma issues. In February 2009, in the context of the Platform, 12 Common Basic Principles on Roma Inclusion were adopted and the European Commission and Member States had been invited to take these into account when designing and implementing policies to promote inclusion of the Roma, as well as policies to defend fundamental rights, uphold gender equality, combat discrimination, poverty and social exclusion, and to ensure access to education, housing, health, employment, social services, justice, sports and culture. The action that had been taken demonstrated the serious effort of the Czech Government to improve the situation of the Roma – not only in the Czech Republic but also elsewhere in Europe. He indicated that further details would be provided to the Committee of Experts.

With regard to measures taken at the national level, the speaker particularly highlighted the mid-term “national strategy on Roma integration for the period 2010–13” (the Strategy) adopted in December 2009. The Strategy provided for specific action regarding the effectiveness of the employment services and social systems, support to socially responsive businesses and persons from socially excluded communities, the adoption of strategies of local labour markets in socially excluded areas and the fight against illegal employment. It had resulted particularly from a joint study carried out by the Government and the World Bank in October 2008, confirming that the unfavourable position of part of the Roma population in the labour market was a consequence of several interrelated factors. There was therefore a need to focus on employment of disadvantaged persons, children and youth and to develop and verify tools and methods that could be used by public employment services through pilot projects. In addition, a special agency for social inclusion in Roma localities had been established in January 2008 and a national reform programme adopted in October 2008. The agency currently operated on a pilot basis and had been active in 2009 in 12 towns and regions in 2009; broadening its coverage to another 20 towns in the course of 2010 and 2011 was being envisaged. In the period from 2010 to 2012, the agency would be implementing a project focusing on the support of social integration in selected Roma localities, during which various types of activities and policies on social integration would be evaluated prior to and after the intervention of the agency. This would become the basis for the national policy of social integration in Roma localities. As unemployment of the socially excluded persons, including the Roma, continued to be a problem particularly during the present economic recession, specific steps had also been taken aimed at increasing employability and employment of target groups of disadvantaged workers. In 2009, a special programme on social economy was set up with the aim of assisting socially excluded persons and persons threatened by social exclusion – including national and ethnic minorities – to enter the labour market and reintegrate into the society. He further emphasized the need for long-term measures, which were being taken in order to improve the situation of Roma in the labour market, including with respect to access to education of children from socially excluded environments, including the Roma. In this context, a national action plan of inclusive education would be adopted with a view to ensuring the creation of a school system providing education responsive to the individual needs of all children, curbing artificial social barriers and creating an optimal educational environment regardless of the economic, social or ethnic background of its pupils. Finally, the project on ethnically friendly enterprises would be expanded to the whole country and the project on “Roma Employment” would be the subject of a peer review seminar in autumn 2010 within the Mutual Learning Programme under the European Employment Strategy. He concluded by stating that the information provided to the Committee clearly indicated the ongoing and comprehensive attention of the Government to the inclusion of the Roma population.

Turning to the Anti-Discrimination Act, his Government was pleased to inform the Committee that it had been adopted in June 2009 and had come into effect in September of that year. The new Act prohibits direct and indirect discrimination not only in the areas of employment and labour relations, including freedom of association, but also in the areas of health, education, housing, social and other services. It prohibits discrimination on the grounds of race, ethnic origin, sex, nationality, sexual orientation, age, disability, religion, belief or world view, and his Government considered that it addressed, as such, all the grounds listed in Article 1(1)(a) of the Convention. The Act further provides for judicial protection of people discriminated against and entrusts the monitoring of non-discrimination to the Office of the Public Defender of Rights. While the latest statistics of the Ministry of Justice indicated there had not been any jurisprudence based on the application of the Act, the Office of the Public Defender of Rights had already dealt with several cases of alleged discrimination based on nationality concerning access to services, to employment and to health services. The perceived gap in protection against discrimination after the adoption of the new Labour Code in 2006 had thus been closed and his Government believed that a high level of protection against discrimination in employment and occupation covering all the grounds listed in the Convention was now ensured.

Finally, concerning the Screening Act, he recalled the position presented by his Government to this Committee in 2008 and indicated that revising or repealing the Screening Act was a politically sensitive matter. The caretaker Government was not in a position to address this issue and revisions of this Act could be considered in the context of the new regulation on public service administration. The new Government established after the recent elections in May 2010 would certainly take a decision in this respect and the conclusions of this Committee would be brought to its attention.

The Worker members recalled the conclusions adopted by the Committee in 2008. The Committee had taken note of the efforts made to adopt a new law against discrimination that offered protection against employment discrimination. The Committee had urged the Government to ensure that the new legislation covered all aspects mentioned in Article 1(1)(a) of the Convention, namely race, colour, sex, religion, political opinion, national extraction and social origin and to guarantee the implementation of effective application and monitoring mechanisms. The Committee had also requested the Government to ensure that other grounds of discrimination, provided for in Article 1(1)(b) of the Convention, which had not been included in the 2006 Labour Code, be included in the new legislation. The Committee had also insisted on the involvement of the social partners in drafting the new law and had requested the Government to adopt the revised law as soon as possible. While the Government’s efforts to promote social and economic integration of the Roma were greatly appreciated, the Committee had stressed that it was vital that the measures taken lead to objectively verifiable improvements of their situation in practice. The Committee had requested the adoption of concrete measures for evaluating and monitoring the situation of the Roma concerning their employment, occupation and unemployment, namely through the gathering and analysis of appropriate data. Furthermore, the Committee had requested the Government to amend or repeal certain provisions of the Screening Act, which constituted discrimination based on political opinion which were in contradiction with the Convention.

The Government had been asked to submit a report in 2008 containing information on these points. However, no report had been received from the Government since the June 2008 Conference session, despite the promises made by a Government representative before this Committee. From the communication by the Czech-Moravian Confederation of Trade Unions it appeared that their efforts to request the Prime Minister to include on the agenda of the national tripartite body, the issues raised in the conclusions of this Committee, had not produced concrete results.

The Czech Republic is a member of the EU and the concepts and definitions in Convention No. 111 were quite similar to those enshrined in the Directive on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (Directive 2006/54/EC). The Government had agreed to incorporate these into national law when the Czech Republic acceded to the EU. In addition, the European Commission had condemned several times all forms of violence against the Roma and requested the governments of all Member States to guarantee the safety of all persons within their territory. A recent document of the Commission recalled once again the special responsibility of the EU and its Member States towards the Roma, who constitute the most important ethnic minority in Europe.

In conclusion, the Worker members considered that it was too easy for the Government to promise once again to submit a report to the next session of the Committee of Experts. In his declaration, the Government representative had made several references to documents of the EU and to the web site of the European Commission concerning the situation of the Roma, but had said almost nothing about what the Government really intended to do.

The Employer members recalled that this case had previously been examined by this Committee eight times since 1990. During the last discussion in 2008, the Government had indicated that it would provide the information requested in its next report. This information, requested by the Committee in its conclusions of 2008, related to the anti-discrimination legislation, the measures taken in relation to the discrimination of the Roma and the amendment or repeal of the Screening Act. The Employer members expressed serious concern regarding the Government’s failure to submit the requested reports.

Referring to the Government’s information concerning the adoption of the Anti-Discrimination Act, the Employer members noted with regret that this information had not been provided in advance of the Conference. Without the full information regarding the substance and application of the Anti-Discrimination Act and the Labour Code, it was not possible to have a full discussion. The Government was urged to provide this information in time for the next session of the Committee of Experts. Turning to the issue of the Roma people and employment, the Employer members recalled that in 2008 the Committee had urged the Government to take measures to develop improved means to assess and monitor this situation. The Government’s information on measures taken to address the situation of the Roma was encouraging. However, the Employer members expressed concern that this information had not been provided in advance and at the resistance to data collection on this subject.

On the subject of the Screening Act, the Employer members recalled that the Government had previously indicated a willingness to take measures to repeal or amend this legislation. Acknowledging the Government’s indication that the previous Government had no political mandate to change the Screening Act, the Employer members reminded the Government that it was necessary to repeal or amend this legislation, to bring it in conformity with the Convention. Emphasizing the seriousness of this case, the Employer members urged the Government to address its failure to comply with its reporting obligations and to bring its law and practice into conformity with the requirements of Convention No. 111.

The Worker member of the Czech Republic expressed regret that, for the past two years, reports on the application of the Convention had not been sent by the Government, despite the specific request made by the Committee following its discussion of the case in 2008. He expressed support for the comments of the Committee of Experts concerning the case and stated that little had changed since 2008. While certain programmes and measures had been adopted and implemented to promote equal access of the Roma population to education, training and employment and to promote social inclusion, it was difficult to assess any real improvement, especially given the context of the economic crisis, where high unemployment rates persisted and the relevant statistical data was lacking. Turning to the new Anti-Discrimination Act, he noted that this legislation did not provide explicit protection against discrimination based on the grounds of family responsibilities, marital and family status, political or other convictions, membership of, or activity in, political parties or movements and membership in trade unions or employers’ organizations. Moreover, the new Anti-Discrimination Act did not provide for the strong involvement of the State in the protection of victims of discrimination through the Office of the Public Defender of Rights. This Office could only provide advice and could not assist individual victims of discrimination in bringing complaints and obtaining redress. Therefore, there was a need to improve the new anti-discrimination legislation, in addition to repealing the Screening Act.

The Worker member of Hungary underlined the seriousness of the case. The case concerned a fundamental Convention and was marked by the Government’s failure to fulfil its reporting obligations and to take action on the conclusions adopted by this Committee in 2008. These conclusions urged the Government to take measures with regard to three specific issues: to remedy the withdrawal of previously available protection against discrimination on a number of additional grounds; to develop improved means to assess and monitor the situation of the Roma population in employment and occupation; and to repeal the Screening Act. Discrimination against the Roma population was a region-wide problem without an easy solution. However, the Government’s failure to comply with its reporting obligations could not be excused. Recalling that Article 2 of the Convention required ratifying member States to undertake a national policy designed to promote equality of opportunity and treatment in respect of employment and occupation, she urged the Government to respect the conclusions of this Committee and the Committee of Experts. Following meaningful consultation with the social partners and members of the Roma population and with ILO technical assistance, national legislation and practice should be brought into conformity with the Convention.

The Government representative apologized for not having submitted the report. The report was currently being finalized and would be submitted in time. With regard to the other issues raised in the debate, he stated that the conclusions of the Committee would immediately be brought to the attention of the new Cabinet, once it assumed governmental responsibility.

The Worker members indicated that the findings had not changed with respect to the points raised by the Committee of Experts in its observation: the Government was failing to give effect to the Convention and continued to do so. The Government’s persistent silence was both a matter of concern and was incomprehensible. This situation challenged the work and credibility of the ILO supervisory bodies. The conclusions that the Committee adopted on the case would need to take into account the Government’s repeated negligence and the need to protect the rights of workers. Pragmatism was needed in this respect. As the inclusion of the Committee’s conclusions in a special paragraph was a very serious matter, the Worker members had decided not to request this measure on the present occasion and to leave the Government one last chance. However, the Government would have to agree to receive a technical assistance mission with a view to providing replies to the specific questions raised by the Committee in its conclusions in 2008 and to establish a plan of action with a time frame. Three issues needed to be addressed and required a three-stage response. In the first place, in the month of September 2010, so that it could be examined by the Committee of Experts at its next session, the legislation needed to be amended to give effect to Article 1(1)(a) of the Convention. Secondly, the legislation would have to be amended so as to reintegrate protection against the additional grounds of discrimination envisaged in Article 1(1)(b) of the Convention. The Government could find inspiration in this respect in European legislation, which it had to transpose into its national legislation in any case as a Member State of the EU. In parallel, a working group on the improvement of the situation of the Roma would need to be established, possibly under the aegis of the ILO and the European Commission. The Roma were in practice the largest ethnic minority in the region and the same problems arose in other Central and Eastern European countries. Cooperation between the ILO and European institutions in this field would therefore by very positive. The working group should gather statistics and establish a time frame for action, and the information should be made available for the 2011 session of the Committee of Experts. Finally, the Screening Act would have to be amended or repealed as rapidly as possible, and in any case before the next session of the Conference.

The Employer members reaffirmed the importance of this fundamental Convention and noted that there was little tangible proof of progress in this case. The Employer members therefore urged the Government to ensure adequate non-discrimination protection in national legislation and to provide a full report to the Committee of Experts in this respect. It was difficult to assess the progress with regard to the situation of the Roma. The Employer members requested that information be provided to the Committee of Experts on the situation of the Roma with regard to non-discrimination in employment and occupation, on the number of victims of discrimination, and on the number of discrimination cases that had been addressed by the Government. The continued existence of the Screening Act was disappointing and the Government was urged to bring the Act into full conformity with the Convention, possibly with ILO technical assistance.

Conclusions

The Committee noted the information provided by the Government representative and the discussion that followed. It noted that it had addressed this case on a number of occasions, most recently in June 2008. It also noted that there were still outstanding issues with regard to the follow-up to representations under article 24 of the ILO Constitution (November 1991 and June 1994) regarding Act No. 451 of 1991 (the Screening Act). It noted further that the Committee of Experts and this Committee had raised issues relating to the situation of the Roma in employment and occupation, and the development of new anti-discrimination legislation, including the need to hold consultations with the representative employers’ and workers’ organizations and other appropriate bodies with a view to maintaining the previous level of legislative protection against discrimination pursuant to Article 1(1)(b) of the Convention. The Committee observed that the Committee of Experts had noted with regret that since the case had been discussed in the Conference Committee in 2008, no report had been received from the Government. The Committee of Experts had expressed concern that its previous comments and the Conference conclusions might not yet have been discussed in an appropriate manner at the national level.

The Committee noted the Government’s indication that the Anti-Discrimination Act, adopted in June 2009, and which had entered into force on 1 September 2009, covered direct and indirect discrimination on the basis of race, ethnic origin, nationality, sex, sexual orientation, age, disability, religion, belief and world view. The Committee also noted the information provided by the Government on the range of measures taken to promote social and economic inclusion of the Roma, including those taken in the context of the European Platform for Roma Integration; the adoption of a new mid-term National Strategy on Roma Integration for 2010–13; the establishment of a special agency for social inclusion of Roma localities; and a special programme on social economy. The Committee also noted the Government’s indication that repealing the Screening Act was a politically sensitive matter which the caretaker Government was not in a position to address, and that any revision of the Act might be considered in the context of the new regulation under consideration on the public service administration.

The Committee expressed serious concern that since the Conference discussion in 2008, the Government had failed to supply reports on this Convention, despite previous assurances given.

The Committee, noting the information on the adoption of the new Anti-Discrimination Act and the commitment made by the Government to provide full information to the Committee of Experts, urged it to do so in time for its examination by the Committee of Experts at its forthcoming session. This would enable the Committee of Experts to assess whether the new legislation provided adequate protection against discrimination on all the grounds enumerated in Article 1(1)(a) of the Convention, as well as effective enforcement and monitoring mechanisms, and to ensure that the level of protection previously provided would not be decreased, in particular with respect to discrimination on the basis of family responsibilities, marital or family status or membership or activity in political parties, trade unions or employers’ organizations.

While noting that steps had been taken aimed at the social inclusion of the Roma, the Committee remained concerned that measures had not yet led to verifiable improvements for the Roma in employment and occupation. It, therefore, again urged the Government to take measures to develop improved means to monitor the situation of the Roma, including through the collection and analysis of appropriate data, with a view to demonstrating the achievement of real progress with respect to equal access of the Roma to education, training, employment and occupation.

With regard to the Screening Act, the Committee recalled its position and that of the Committee of Experts that the provisions of the Act violated the principle of non-discrimination on the basis of political opinion, contrary to the Convention, and strongly urged the Government to amend or repeal the Act without further delay. The Committee urged the Government to accept an ILO technical assistance mission in order to enable it to bring its law and practice into conformity with the Convention without further delay.

The Committee requested the Government to provide full information on all the issues raised by this Committee and the Committee of Experts in a report to be submitted for examination at the forthcoming session of the Committee of Experts, so that real progress could be recorded by the Committee of Experts in the very near future.

Individual Case (CAS) - Discussion: 2008, Publication: 97th ILC session (2008)

A Government representative stated that she welcomed the opportunity to present her Government's views on the application of Convention No. 111. The Committee of Experts had focused in its observation on three aspects related to the Convention, namely the draft AntiDiscrimination Act, the statistics on the Roma population and the Screening Act.

Regarding the draft Anti-Discrimination Act, the Bill had been submitted to Parliament with a view to bringing national law into conformity with European Union (EU) legislation and was currently in the last stage of the legislation process. The Bill prohibited discrimination on grounds of race, ethnicity and ethnic origin, sex, sexual orientation, age, disability, religion, belief or "world view". While the terminology reflected relevant EU law, it did not exactly correspond to the wording of Article 1 of the Convention. Nevertheless, the Bill was in conformity with the Convention. The Convention's grounds, which had not explicitly been listed in the Bill, were implicitly included. Discrimination based on colour was prohibited under race and ethnic origin, and political opinion fell under a broader concept of "world view". The Bill also contained provisions on the judicial protection of discriminated persons and, as a means of strengthening the position, entrusted the task of control to the Ombuds- person who currently had no powers over the relations of private persons. The Government therefore believed that a high level of protection against discrimination in employment and occupation on all the grounds listed in the Convention was ensured, and would even be strengthened by the introduction of the new supervisory mechanism.

With respect to the statistical information requested by the Committee of Experts on Roma jobseekers and employees, the laws of the Czech Republic were strictly built upon a civic basis, without any differentiation based on race or ethnic origin. Constitutional provisions stipulated that ethnic origin was not to be objectively determined by public authorities. Strict laws on privacy and personal data protection further prevented public bodies from collecting personal information that was not necessary for carrying out their tasks. As race or ethnic origin did not play any role in Czech labour legislation, there was no legal entitlement for the Government to collect such data. This did not mean, however, that the Government was not addressing the pressing needs of the Roma community. The activities of the Government targeted the most vul- nerable groups of workers regardless of their race. Given that several aggravating factors causing long-term unemployment and social exclusion often appeared within the Roma minority, e.g. absence of skills, unfinished education, bad health, very limited work experience etc., they were among the target groups significantly benefiting from assistance.

In 2006, the Ministry of Labour and Social Affairs had commissioned a study on socially excluded Roma localities in the Czech Republic, which was aimed at an area survey and the identification of absorption capacities of key actors in the region. The results of the study were utilized for further allocation and targeting of labour market assistance and within affected municipalities. Furthermore, a joint study with the World Bank for the purpose of establishing an employment strategy analysed obstacles for employing Roma in the Czech Republic. The outcome would be a series of recommendations on employment, social and educational policies to be implemented through projects to be carried out by a newly established government agency for social inclusion of Roma communities. The agency had commenced its work in February with the task of eradicating social exclusion in endangered Roma localities through efficient local strate- gies and assistance. Its goal was to achieve sustainable changes towards improving conditions in Roma communities, with full and productive employment being one of the key tools. The activities of the agency would be con- tinuously evaluated with a view to creating common guidelines for tackling the problem.

Government activities also included advocacy and awareness-raising on discrimination and equal treatment of workers from ethnic minorities. The "ethnic friendly employer" label was awarded to employers that successfully passed the review of personnel policy, internal guidelines and measures and confidential interviews of selected employees. Its purpose was to support such employers and to draw attention to discrimination on the labour market. The studies and projects mentioned were just a few examples of various measures adopted by the Government and aimed at finding solutions for the multidimensional problem of Roma unemployment in the Czech Republic. More detailed information on the programmes implemented to raise the levels of education, qualification, employment and general awareness would be submitted to the Committee of Experts in the report due this year.

As to the Screening Act adopted in 1991, the Act stipu- lated specific conditions for the access to certain positions in public administration in charge of implementing government policy, including the police and armed forces. The Government did not share the view that the Act amounted to discrimination based on political opinion contrary to Convention No. 111. The conditions for access were not based on the political opinion of individuals, but required their non-participation in certain specific power-holding groups within the Communist regime during the period of 1948-89. The Screening Act sought to protect democracy against those who had been actively involved in the oppressive anti-democratic apparatus and voluntarily participated in maintaining the Communist regime, harassing political opponents and fighting against freedom of thought and conscience. The establishment and consolidation of democratic institutions required a civil service that was neutral, complied with the rule of law and was loyal to the ideal of democracy. It was unlikely that democratic principles would be upheld by people who had actively participated in their massive violation.

The fact that the Screening Act focused solely on this particular group was confirmed by the Act's silence on ordinary members of the Communist Party as well as its time limit for the specific conditions, which was set on 17 November 1989, the date of the Velvet Revolution and start of democratization. Another important aspect was the non-application of the Act to the positions within the current political system. The Government believed that every democratic state could and should legitimately adopt measures protecting and promoting ideals of democracy, within the limits of its constitutional and international obligations. The conditions reflected universally recognized and inherent requirements for senior posts in public administration. In this regard, the Screening Act was not in breach of the Convention.

The Employer members reaffirmed the importance of Convention No. 111, and recalled that the present case had been examined by the Committee on numerous occasions, including in 1990, 1992, 1996, 1998, 2000, 2002 and 2005. The issues raised included discrimination on the basis of political opinion, discrimination against the Roma people, discrimination against women and other forms of discrimination. When recalling the previous discussions within the Committee, it could be seen that good intentions had been expressed on many occasions, but that there was very little proof of any tangible progress.

The Employer members noted that, although there had been various legislative amendments, there was still the feeling that at certain levels there was no appetite to achieve equality. They welcomed the adoption of the new Labour Code (Act No. 262/2006), which established the requirement for equal treatment for employees in respect of working conditions. They noted that when dealing with discrimination, the Labour Code referred to the definitions of the various forms of discrimination contained in the future Anti-Discrimination Act. However, the Com- mittee of Experts had pointed out that the new Labour Code, when read in conjunction with the future AntiDiscrimination Act, appeared to restrict the protection from discrimination in employment and occupation available in the former Labour Code. The Employer members therefore called on the Government to ensure that the applicable legislation provided adequate protection against discrimination in accordance with the requirements of the Convention. When reviewing the new AntiDiscrimination Act, they noted that there appeared to be a lack of state involvement in providing protection. The Employer members emphasized that an important factor in combating discrimination was to ensure the adequacy of appeal and review mechanisms. This issue had not been appropriately addressed up to now.

The Employer members observed that the lack of information on the progress made rendered the case difficult to assess. Some of the statistics that had been made available were not encouraging, particularly in relation to equality for women and the integration of the Roma into the mainstream economy. They therefore fully endorsed the request by the Committee of Experts for more infor- mation to be provided on the measures taken to assist victims and the number of discrimination cases that had been dealt with.

With reference to the Screening Act (Act No. 451 of 1991), which established discriminatory measures based on political opinion, they believed that the maintenance of the Act illustrated a lack of commitment to eradicate all forms of discrimination. The Government had previously indicated its willingness to take measures to repeal or amend the Act, and had even reported that its validity would end in 2000. The matter had eventually been submitted to Parliament in 2003, when the proposed repeal of the Act had been rejected. This did not change the essential fact that it was necessary to repeal or amend the Act to bring the situation into conformity with the Convention.

With regard to the Roma, the Employer members noted that recent analysis confirmed the social exclusion of the Roma throughout the country. The Government had indicated that it was planning to create a new agency to combat social exclusion and to prepare a comprehensive programme for the integration of the Roma. The question, however, arose as to why such measures were only being envisaged now, when this matter had first been raised nearly two decades earlier. The Employer members reaffirmed the need to collect data on this issue and considered it strange that under the legislation on data collection the compilation of information on ethnic or racial origin was considered to be a sensitive matter. The respective legislation needed to be amended so that data could be collected more effectively. The Employer members added that education and the building of trust between the Roma and the rest of society was crucial. The projects and initiatives taken did not appear to be making a difference. Much more information was needed to demonstrate the success of such measures, particularly since certain examples quoted were not encouraging.

In conclusion, the Employer members emphasized that there needed to be both an intellectual willingness to take the appropriate measures and the necessary commitment to give effect to them in practice. At present it was difficult to determine what practical effect the measures adopted were having.

The Worker members recalled that this case concerned aspects relating to discrimination, namely, equality of opportunity for men and women in employment and the question of discrimination based on race and national extraction, which directly concerned the issue of the integration of the Roma community.

It was necessary to note first that revision of the legislation on equality of treatment was under way in the Czech Republic, but that up to now no text had been agreed by the Government. Noting that the Committee of Experts seemed to consider that the Government's draft legislation was more restrictive than the current text of the Labour Code, the Worker members encouraged the Government to reconsider legislation guaranteeing the broadest possible protection to workers. The types of discrimination prohibited in the current draft needed to be analysed and amended, taking into account the relevant European Directives which had been applicable in the Czech Republic since its accession to the European Union. European legislation on the subject of equality and protection against discrimination was based on the same principles as those set out in ILO Convention No. 111. These Directives aimed at the more effective application of the principle of the prohibition of discrimination and the enforcement of the protection of the victims of discrimination, even after the termination of employment. They also provided for protective measures against all unfavourable treatment, as well as compensation, rules to facilitate the burden of proof, the designation by member States of bodies with the roles of promoting, analysing and monitoring the principle of equality of treatment, en- forcing the legislation and assisting the victims of discrimination. The Worker members emphasized that this work should be carried out in collaboration with the social partners, who should also collaborate in the procedure to monitor the principle of equality of treatment.

The second point concerned the situation of the Roma in employment and occupation. The results of a study carried out in 2006 by the Government showed the existence of social exclusion of the Roma in the Czech Republic. The priority question was therefore that of the measures to be taken to facilitate the access of the Roma to education and vocational training. The unemployment rate was relatively low in the Czech Republic and the question of the access of the Roma to employment, in this context, was of particular significance. It was important for data to be collected on the situation of the Roma in relation to access to vocational training, employment, the various occupations and on the conditions of employment of those in work. It would be useful to receive disaggregated figures for unemployment rates, including for the Roma, and to know the sectors in which they were concentrated, as well as the type of contracts that they had. The Worker members did not agree with the Government's argument regarding the protection of privacy which was put forward to avoid fulfilling the request for the collection of data. The majority of countries that were concerned with the scientific management of data and social security spending, had the capacity to manage sensitive data through information technology tools that guaranteed the respect for privacy. In addition, the indicators used in the European Employment Strategy or in the context of the open coordination method on social protection policies and to combat poverty required the implementation of statistical methods to measure the efforts of member States. The Government's objections were not therefore acceptable in this regard. Finally, the Worker members observed that, according to the Committee of Experts, no solution had been found to the problem of the Screening Act concerning discrimination based on political opinion. A new Civil Service Act was under consideration and the Worker members hoped that the provisions of this new law would be in conformity with Con- vention No. 111.

The Worker member of the Czech Republic shared the opinion of the Committee of Experts that the new Labour Code, in conjunction with the future Anti-Discrimination Act, would considerably restrict the protection against discrimination in employment and occupation available under the previous Labour Code. Under the new Act, direct and indirect discrimination based on marital or family status, family responsibilities, political or other conviction, membership of, or activity in, political parties or movements, trade unions or employers' organizations, would no longer be explicitly protected by the law. Nor would the new Act provide for the strong involvement by the State in the protection of victims of discrimination through the Office of the Ombudsperson, which was the only available institution to defend such rights. The State would only provide advice, but no real help to individual victims of discrimination to bring complaints and obtain redress. The only effective means of obtaining justice would be through the courts, without any active involvement of state authorities. This was unsatisfactory and the relevant state authorities needed to be able to exercise more power, including the imposition of sanctions.

He recalled that discrimination on the basis of political opinion had been present in the Czech Republic since 1991 in the form of the Screening Act, which established certain political requirements for holding a range of jobs and occupations, mainly in the public service. Despite the repeated calls to repeal or amend the Act, which had originally been adopted as a temporary measure, nothing had happened and, following the rejection by Parliament of a proposal to repeal the Act in 2003, legislation that was in violation of the Convention remained in force. Nearly 20 years after the revolution which restored democracy to the country, it was high time to be rid of the Act, and not only to modify or repeal certain of its provisions.

The Worker member of the United Kingdom recalled that a key aim of the current Pan-European restructuring of the Global March against Child Labour was to promote inclusive quality education. The persistent discrimination against the 8 million Roma citizens and their children in Europe was therefore a major cause for concern and was in clear violation of the principles set out in the ILO's fundamental Conventions. He said that the Council of Europe had noted that, despite certain government programmes designed to promote integration, Roma people in the Czech Republic and other countries in the region remained at risk of social exclusion. At the beginning of 2007, the Czech Government had proclaimed its commitment to respect liberties and human and minority rights. But that commitment faced two key tests in the face of two long-term violations: the coercive sterilization of Roma women, and the segregation of Roma children into special schools. Although the Czech authorities had recognized, if not yet adequately addressed, the horror of coercive sterilization, the issue of the schooling of Roma children remained. In November 2007, the European Court of Human Rights had ruled that the Czech Republic had discriminated against children of Roma origin by routinely placing them, on the basis of discriminatory tests, in special schools for children with learning difficulties, thereby preventing them from following the mainstream school curriculum in integrated schools. Roma children accounted for the majority of pupils in special schools.

He emphasized that equality of opportunity in education lay at the heart of equality in employment and occupation. There was an indivisible link between discrimination between children on the grounds of their ethnicity and their chances of obtaining decent work. Despite the new legislation on education adopted in 2005, the successful desegregation of the Czech education system was still awaited. He hoped that effect would be given rapidly to the binding judgement of the European Court. For this purpose, mutual trust needed to be established between Roma parents, children, communities and the school authorities, in cooperation with the teachers' unions. Equality in employment and occupation would not be achieved unless Roma children were granted access, without discrimination, to education in the same classes as children of the ethnic Czech majority. The Roma now constituted one of the largest and poorest minorities in Europe. The fact that the Roma were among those who had survived the attempted genocide between 1939 and 1945 reinforced the moral obligation to ensure that Roma citizens and their children enjoyed full equality in law and practice in education, employment and occupation. With regard to the Screening Act, he noted that among those who had held senior positions in the former regime had been Communist Party members and others who had fallen victim to the Stansky purges of the 1950s and to the crushing of the Prague Spring in 1968. He wished to know if such people would also fall victim to the Screening Act.

The Government member of Slovakia noted the useful information provided by the Government representative concerning the application of Convention No. 111 in practice. With regard to anti-discrimination legislation, the Bill on anti-discrimination had been submitted to Parliament and together with the Labour Code met the requirements of Convention No. 111. Moreover, detailed information had been provided on the specific measures taken and the results achieved in promoting the equal access of Roma men and women to employment, including self-employment and employment in the public sector. With regard to data on the situation of Roma men and women in employment and occupation, he observed that such data were not collected as they could be deemed to be discriminatory. Such persons were considered to be disadvantaged in relation to access to the labour market in Slovakia and specific measures were contained in the Act on employment services. The Government representative of the Czech Republic had described various programmes and projects to assist Roma persons to improve their access to the labour market, which were compatible with the provisions of Convention No. 111.

With regard to the Screening Act, he understood the reasons indicated by the Government representative of the Czech Republic in this respect, but noted that the corresponding Act had been repealed in Slovakia.

The Government representative of the Czech Republic thanked the Employer and Worker members for their comments, which would be noted with due attention. She said that her Government would provide the necessary information in its report due in August, as well as making a few comments now on the issues raised. The AntiDiscrimination Act and the Labour Code in conjunction would cover all grounds of discrimination set out in Convention No. 111. The Government would ensure that the legal system provided a sufficient level of protection against discrimination in employment and occupation, including with regard to the role of the Office of the Ombudsperson. She added that the issue of the Roma was a complex one. Although attention had been focused on the issue for a long time, it had only been recently that sufficient progress had been made for the establishment of an agency. However, she emphasized that the measures adopted recently were the result of previous developments. An action plan had been introduced in the late 1990s. She admitted that the measures adopted in previous years had not given the results that had been expected. A study undertaken in 2006 had focused on various areas and had shown the real nature of the problem. She added in this respect that the Government had not sought to hide the findings of the study. It was necessary and possible to find a solution to this complex problem, starting with education, where it was necessary to start by telling teachers how best to deal with Roma children. Ingrained attitudes could not be changed overnight. Finally, with regard to the Screening Act, she noted the comments made and would report any further developments.

The Employer members expressed encouragement at the response of the Government representative. They emphasized the need to adopt the Anti-Discrimination Act and to ensure that it was in accordance with the Convention. The measures adopted to address the situation of the Roma also appeared to be encouraging. However, it was necessary to improve data collection on this subject.

The Employer members, however, expressed disappointment at the information provided in relation to the Screening Act, and noted that all those who had spoken had recognized that it was not in accordance with the requirements of the Convention, and that the corresponding Act had been repealed in Slovakia. Too much time had passed and they therefore called on the Government to review the situation and to take the necessary measures to bring its law and practice into conformity with the Convention in this respect.

The Worker members thanked the Government representative for the information provided. With regard to the issue of equality of opportunity between men and women in employment, the Government should be urged to revise the recent Anti-Discrimination Bill which prohibited discrimination so as to include the provisions of section 1(4) of the previous Labour Code, which provided greater protection. The Government should also be encouraged to apply in full the European Directives respecting discrimination, as required by its membership of the European Union.

Although a study on the situation of the Roma in the country was currently under way, the Government should take all the necessary measures to gather information and statistics which reflected precisely the situation of the Roma in employment, especially in relation to their access to basic and vocational training, employment, their unemployment rate and the social policies established to combat social exclusion and poverty. The Government should also provide a report on these matters to the Committee of Experts.

Conclusions

The Committee noted the information provided by the Government representative and the discussion that followed. The Committee noted the Government's indication that a draft Anti-Discrimination Act was currently pending before Parliament. The Government also provided information on a range of programmes and institutions addressing the situation of socially vulnerable and excluded groups, including the Roma. In this context, the Government indicated that there was currently no legal basis for the collection of data regarding ethnic origin. With regard to Act No. 451 of 1991 (the "Screening Act"), the Government stated that this Act pursued the legitimate aim of protecting the democratic State by excluding certain persons from senior posts in the public administration on the basis of their participation in power-holding groups within the Communist regime between 1948 and 1989.

The Committee observed that the Committee of Experts expressed concern that the new Labour Code (Act No. 262/2006), while generally prohibiting all forms of discrimination in labour relations, no longer provided a definition of what constitutes discrimination in accordance with the Convention, and would considerably restrict the protection from discrimination which had been available under the previous legislation. The Committee took note of the efforts to adopt a new Anti-Discrimination Act which would provide protection from discrimination in employment. It urged the Government to ensure that the legislation addresses all grounds listed in Article 1(1)(a) of the Convention, namely race, sex, colour, religion, political opinion, national extraction and social origin, and that effective enforcement and monitoring mechanisms be established. The Committee expressed concern that the Labour Code of 2006 had withdrawn the previously available protection from discrimination based on a number of additional grounds, including family responsibilities, marital or family status or membership of or activity in political parties, trade unions or employers' organizations. It urged the Government to hold consultations with the representative employers' and workers' organizations and other appropriate bodies concerning these additional grounds, as required under Article 1(1)(b) of the Convention, with a view to maintaining the previous level of protection. The Committee called on the Government to adopt the new legislation without further delay and to ensure that it was in full compliance with the Convention.

The Committee took note of the information provided by the Government on the measures taken to promote social and economic inclusion of the Roma, in particular, the recent establishment of the Agency for social inclusion in Roma communities. While appreciating all the efforts made by the Government, the Committee stressed that it was essential that the measures taken would lead to objectively verifiable improvements as regards the situation of the Roma in practice. In this regard, the Committee urged the Government to take measures to develop improved means to assess and monitor the situation of the Roma in employment and occupation and unemployment, including through the collection and analysis of appropriate data. The Committee requested the Government to take further measures to promote and ensure equal access of the Roma to education, training, employment and occupation.

With regard to the Screening Act, the Committee observed that the Governing Body - in two reports adopted in 1992 and 1995 in relation to representations under article 24 of the ILO Constitution concerning the application of the Convention by the Czech and Slovak Republic and the Czech Republic, respectively - and the Committee of Experts, over many years, had called on the Government to amend or repeal certain provisions of the Screening Act which constitute discrimination on the basis of political opinion, contrary to the Convention. The Committee noted the Government's explanations as to the original purpose of the Act in the context of the establishment of a democratic State. However, it regretted that previously announced plans to repeal the Act had not been followed through and that the Government asserted before the Committee that the Act is not in contravention with the Convention. The Committee strongly urged the Government to bring its legislation into line with the Convention without further delay, in accordance with its obligations, taking into account the relevant conclusions and recommendations of the Governing Body and the Committee of Experts' comments.

The Committee requested the Government to provide in its report due this year, under article 22 of the ILO Constitution, information on the measures taken to amend or repeal the Screening Act, as well as information on its practical application, almost 20 years after the Velvet revolution of 1989. It further asked the Government to provide in its report information on the issues raised by this Committee and the Committee of Experts in relation to the antidiscrimination legislation and the measures taken to address the exclusion of, and discrimination against, the Roma, including the results secured by such action and the data collected.

Individual Case (CAS) - Discussion: 1990, Publication: 77th ILC session (1990)

The Government has communicated the following information.

A series of fundamental measures have been taken in Czechoslovak legislation and practice since November 1989 which are aimed at achieving conformity with the obligations ensuing from the ratified international instruments including the ILO's Conventions and Recommendations. As regards the present Convention all points covered by the recent Committee of Experts observation have been solved and all dubious legislative provisions have been repealed thanks to the measures taken following deep social and political changes in the country.

As to the first point of the observation, the Government informs the Committee that within the framework of the amendments to the Labour Code which are currently under preparation it has been suggested to completely repeal the provisions of section 72 on the socialist labour discipline. The amendment of the Labour Code is envisaged to come into force from January 1991.

On the secont point of the observation, on 29 November 1989 the Federal Assembly adopted the Constitutional Act No. 135/1989 amending the Constitution of the Czechoslovak Federal Socialist Republic (CFSR) of 1960. On the basis of this Act, Article 4 of the Constitution regarding the leading role of the Communist Party of Czechoslovakia in the State and society was deleted, and thus the most important step to eliminate any discrimination in employment and occupation on the ground of political opinion was taken. Therefore the words "cadre requirements" which had been commonly used in offers of employment obviously have lost their meaning.

In connection with the above-mentioned Government's effort it adds that the Federal Government entrusted all its members with the task of verifying all legislative provisions in the sphere of their activities with a view to achieving conformity with the international Conventions. In this way all references to "cadre requirements" are to be eliminated.

With regard to legislation concerning university education and the teaching of Marxism-Leninism, Article 16, paragraph 1, of the Constitution establishing Marxism-Leninism as the principal ideology of Czechoslovak culture and education has been amended by the above-mentioned Constitutional Act. No. 135/1989. In accordance with the new text of Article 16, the cultural policy and the development of the educational system are conducted in the spirit of scientific cognition and in harmony with the principles of patriotism, humanity and democracy.

On the basis of Constitutional Act No. 135/1989, the Ministers of Education, Youth and Physical Training of both of the national republics have cancelled all forms of studies, examinations and credits in the educational subjects of Marxist-Leninist philosophy, political economy, scientific communism, history of the international labour movement and of the Communist Party of Czechoslovakia and scientific atheism, including the final state examination in Marxism-Leninism and the training and final examinations in Marxism-Leninism of research post-graduate students (e.g. in scientific education). Being dissolved, the Marxist-Leninist institutes at all Czechoslovak universities and colleges have stopped their activities. The subjects of social sciences, philosophy, economics, sociology, politics, ethics, aesthetics, special problems of modern political history, general environmental issues etc, have been introduced instead of Marxism-Leninism.

At the beginning of May 1990 the Federal Assembly adopted a new Act - not yet published - concerning universities. This new Act repealed the previous one, No. 39/1980, as well as the notifications No. 111/1980 and No. 106/1980, concerning the appointment of professors, assistant-professors and other university teaching personnel, issued by the Ministries of Education of the Czech Republic and the Slovak Republic. The new Act does not raise any doubt concerning the application of the present Convention. In April 1990 the Federal Assembly adopted a new law on state enterprises which abolished the previous Act No. 88 of 14 June 1988 and thereby eliminated its non-compliance with the Convention. The texts of both new Acts will be provided to the Office as soon as they are published in the Collection of Laws.

As to the Committee of Experts' request for further information on cases in which employment relationships have been terminated under sections 46 and 53 of the Labour Code on account of a worker's failure to meet job requirements of a political nature, the Committee probably meant the provisions of section 46, paragraph 1(e). As regards section 53, this provisions of Labour Code does not set out any requirements of a political nature. Only by virtue of an incorrect, over-broad interpretation could a political nature of immediate termination of employment relationships be derived from section 53, paragraph 1(c). But the reason for such termination on the basis of an "activity prejudicial to the security of the State" would not necessary be of a political nature. Such an activity consists, as a rule, in endangering the integrity of the State order, the integrity of the State, state bodies and state secrets. The Government indicates that in the framework of the Labour Code's amendments which are currently being prepared, it is proposed to repeal section 53, paragraph 1(c). With regard to the possibility of supplying statistical date on cases of termination of employment under section 46, paragraph 1(e) and section 53, paragraph 1(c), the Government regrets that no official central statistics of such cases are kept in Czechoslovakia. This means that it is impossible to ascertain all cases of a political nature. Only national Czech and Slovak Ministries of Justice keep the statisfics of cases under the above-mentioned sections of the Labour Code and only for those cases in which the dismissed employees appealed to the courts against such dismissal in accordance with section 64 of the Labour Code. However, not even these statistics show whether the employment relationships in individual cases were terminated on account of job requirements of a professional or political nature which the workers had failed to meet; nor do they show who decides the individual disputes concerning requests for invalidation of dismissals made by workers.

The statistics below contain the data on cases discussed the courts of the Czech Republic:

1986 1987 1988 1989

under s. 46, para. 1(e) 17 8 10 6

under s. 53, para. 1(c) - 4 2 1

Finally, the Government states that among the amendments of the Labour Code which are being prepared, it envisaged to enshrine the principle of non-discrimination in labour-law relations contained in the present Convention, in the main principles of the Labour Code.

In addition, a Government representative referred to his Government's written reply to the Committee of Experts' observation and to his Minister's statement in the Plenary Session of the current International Labour Conference. He added that his Government confirmed without reservation its obligations resulting from ratified ILO Conventions. He indicated that everything would be done so that its obligations were met in law and practice and his Government was willing to engage in a dialogue to this end. His Government recognised the ILO's standard-setting activities and the authority of its supervisory bodies and opposed any politically motivated criticism of these bodies as expressed by the previous government. Since the revolution in November 1989, 60 Acts had been adopted to promote the basic preconditions for Czechoslovakia's entry into the democratic community of Europe and to open the country to a free economy. The Committee of Experts' observations concerning Conventions Nos. 29, 87 and 111 had been taken into account in this revision of legislation. As regards Convention No. 29, section 203 of the Penal Code had been repealed. As regards Convention No. 87, a law concerning the plurality of freedom of association had been passed and new confederations and free trade unions had been established this year and were present at the Conference.

As regards this Convention, the major obstacle to its observance - namely the rule of one party and one ideology - had been abolished. Article 4 of the Constitution had been repealed thus opèening the country to a free democratic system. Also, the nomenclature system which reflected article 4 of the Constitution and which provided the basis for discrimination with regard to political opinion had been suppressed. All posts were now filled after a public competition on the basis of professional ability without consideration of any political or other discriminatory aspects. The second step was the repeal of legislation concerning university education. As from 1 July 1990, a new Act on university education would return to the universities the right of academic freedom and the right to choose their professors and teachers through elections. Finally, a law had been passed to provide for the rehabilitation of all those who had been tried and sentenced by the previous regime for political reasons, and negotiations were being held for the possibility of rehabilitating those who had lost their jobs for political reasons. Thus, the Government was trying to repair the damage done by its predecessor.

The Workers' members noted that the information provided by the Government showed the fundamental measures taken since November 1989 towards the full observance of the Convention. In its written communication, the Government had indicated that all the points raised in the Committee of Experts' recent observations had been solved. The Workers' members noted, nevertheless, that it was for the Committee of Experts to examine the new information and arrive at its conclusions. In any event, it was evident that real progress had been made. It was significant to note that the term "cadre requirements" had lost its meaning and that important changes had been made concerning the contents of the educational system and the procedure for appointing professors and other personnel, and there was also the new law on State enterprises. The Workers' members emphasised that while real progress had been made the Government still had to provide the Office with all the necessary information as soon as possible so that more in-depth examination could be made. Furthermore, it should be recalled that this Convention covered several forms of discrimination, including discrimination on the basis of national origin. All criteria of discrimination mentioned in the Convention were important and needed to be taken into account in legislation and practice.

The Employers' members noted that the Government representative had also referred to Conventions Nos. 29 and 87 and had specifically referred to the creation of free trade unions. It was to be hoped that practical possibilities to freely create associations existed also for employers; trade unions needed a partner for free collective bargaining. Referring to Convention No 111, the Employers' members recalled that this Committee had had to discuss this case quite frequently in the past and even had had to express its concern in a special paragraph of its report. One issue had been the discrimination against the signatories of Charter 77. Those times appeared, fortunately, to be over. Revision of the legislation was under way, and the Committee of Experts had noted a significant amendment to the Labour Code, namely, that references to ideological standards in relation to socialist labour discipline had been deleted. The Employers' members emphasised, however, that due concern should be given to those who had lost their jobs due to previous discrimination and measures should be taken to reinstate them. The present Government which was now moving towards democratic goals should ensure that those who had suffered would receive adequate compensation. The Employers' members congratulated the Government and looked forward to seeing more progress in future reports.

A Government member of the United States congratulated the Government on the written and oral information provided. In the past very serious observations, including special paragraphs, had been made concerning the application of this Convention in Czechoslovakia and it could now be noted that significant progress had been made in both law and practice. Work still had to be done, but in such a short period of time the improvements which had been made were impressive. She therefore considered that this was a perfect opportunity for the present Committee to acknowledge Czechoslovakia as a case in progress in its conclusions, as well as in its general report to the Conference.

A Workers' member of the United States supported the comments that had been made by the Employers' members and the Workers' members and in particular the statement of the Government member of the United States. This was a case of substantial progress which could stimulate other countries to improve their application of ILO Conventions and also showed the extent to which ILO standards could play an important role in reforms taking place within a country. It should be cited as a case of significant progress in the appropriate section of the Committee's report.

A Government member of the United Kingdom associated himself with the comments made by the Government member of the United States.

The Government representative indicated that his Government planned, hopefully with the assistance of the ILO, to revise some 200 Acts in the next two years including, in particular, the drafting of new legislation on collective bargaining and tripartitism.

The Committee noted with satisfaction the detailed information suppplied by the Government representative which indicated the progress made to bring the legislation into conformity with the Convention. The Committee welcomed the legislative steps which had been taken and those which were envisaged. The Committee noted the progress made and the Government's plans to make more progress in the near future. The Committee expressed the hope that the Government would supply for examination by the Committee of Experts further information and full particulars concerning legislation and practice.

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

Article 2 of the Convention. Equality of opportunity of men and women in employment and occupation. The Committee welcomes the adoption of the Strategy for Gender Equality 2021–30 (Government Resolution No. 269), the aim of which is to formulate a framework (under 8 themed chapters) for state administration measures that will contribute to achieving gender equality. The Committee notes the extensive information provided by the Government on actions foreseen under the Strategy. It notes from the report that Czechia has one of the highest gender employment gaps in the European Union (EU), at 15.4 per cent in 2021, and that women's incomes are negatively affected by the lack of capacity in childcare services for children under three, the lack of flexible forms of work and the unequal distribution of care responsibilities. It notes from EUROSTAT 2022 data that Czechia has the third highest gender wage gap in the EU, at 17.9 per cent, compared with an average EU wage gap of 12.7 per cent. The Committee notes that the Work and Care chapter of the Strategy outlines the specific objectives of: (1) reducing inequalities between men and women in relation to care; (2) reducing inequalities between men and women in the labour market; (3) reducing the gender pay gap; and (4) reducing vulnerability to poverty, especially of women. The Committee further notes that the Decision-Making chapter addresses the low representation of women in politics and other decision-making positions of public interest, including the specific objective of increasing the representation of women in decision-making positions. The Committee notes that the Strategy will be evaluated annually as an annex to the Gender Equality Report for the relevant year; a report which now includes recommendations of the Government Council for Equality between Women and Men, a permanent advisory body to the Government in the area of creating equal opportunities for women and men. The Council monitored the implementation of the Strategy in the past year and submitted recommendations to individual ministries for a better implementation of the Strategy. The Committee requests the Government to provide detailed information, including statistics, on the results achieved through the measures taken as part of the Strategy for Gender Equality 2021–30 and their measurable impact on the employment of women, including women with family responsibilities. In particular it requests information on the measures adopted, as foreseen under the Strategy, aimed at increasing the participation of men in care, increasing the availability of childcare services and kindergartens, supporting informal carers, increasing the motivation of employers to create conditions for the faster return of parents and carers to the labour market, increasing the use of part-time and flexible forms of work, increasing women's entrepreneurial activities, improving information on employment rights in relation to maternity and parental leave, increasing protection for multiple disadvantaged groups, motivating girls and boys to study gender-non-stereotypical fields, and strengthening the competences of career counsellors in the area of gender equality. It again requests the Government to continue to provide statistical information on the situation of men and women in employment, by economic sector and professional category.

Enforcement. Labour inspection. Equality body. The Committee welcomes the information detailing labour inspections carried out from 2018- June 2023 in the field of “unfair treatment and discrimination” and their outcomes. It notes that from 2022 to June 2023, in the area of equal treatment and compliance with the prohibition of discrimination or unequal remuneration, 959 labour inspections were carried out, 501 complaints were lodged, 190 findings were made related to unequal treatment and compliance with the prohibition against discrimination, and discrimination was found in 28 cases, including on the grounds of health, family responsibilities, maternity or paternity, age and nationality. It notes that remedial action was imposed in 31 cases and 39 fines were imposed. The Committee once again asks the Government to provide information on any action taken further to the 2015 recommendations of the Public Defender of Rights and any legal or practical measures taken to strengthen the enforcement of the anti-discrimination legislation. The Committee also request the Government to continue to provide information on the number and nature of any administrative or judicial decisions applying and interpreting the legal provisions on discrimination in the field of employment and occupation, including the remedies provided and the sanctions imposed.

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

Article 1 of the Convention. The anti-discrimination legislation. The Committee notes with satisfaction the Government’s information in its report that section 16(2) of the Labour Code of 2006 (Act No. 262/2006) as amended, now provides that: “Any discrimination in employment relations is prohibited, in particular discrimination on the grounds of sex, sexual orientation, racial or ethnic origin, nationality, citizenship, social origin, gender, language, health, age, religion or belief, property, marital and family status and relationship or obligations to the family, political or other opinion, membership and activity in political parties or political movements, trade unions or employers’ organizations; discrimination on the grounds of pregnancy, maternity, paternity or gender identification shall be deemed to be discrimination on grounds of sex”. It further notes that section 16(3) provides that “the concepts of direct discrimination, indirect discrimination, harassment, sexual harassment, victimization, instruction to discriminate and incitement to discriminate, and the cases where differential treatment is permissible, shall be regulated by the Anti-Discrimination Act”. The Committee requests the Government to provide information on the application of sections 16(2) and 16(3) of the Labour Code, including any guidance that it issued, any complaints that arose with regard to the application of these sections and any court proceeding settled or ongoing.

Discrimination on the basis of political opinion. The Screening Act. The Committee notes that discrimination on the basis of political opinion is now formally prohibited under the Labour Code, as amended. It welcomes the information provided by the Government clarifying which positions with decision-making powers in the Civil Service are subject to screening (i.e. which positions require the issuance of negative screening certificates), pursuant to Act No. 234/2014 Coll., on the Civil Service, as well as the information on the number of positive certificates issued (2,032 in 2022 and 472 in the first half of 2023, of which 22 and 9 were positive in the respective years). It notes from the Government’s report that from September 2018 to the issuance of the report, a total of 6 new lawsuits related to positive screening certificates have been filed, and that in all cases the court determined that the plaintiff was not entitled to be registered as a person referred to in section 2(1)(b) of the Screening Act, or as a collaborator of military counter-intelligence. The Committee notes the information provided by the Government that an amendment to the Screening Act is currently going through the legislative process. The Committee asks the Government to provide a copy of the relevant amendments to the Screening Act once adopted, and to continue to monitor closely the application of the Screening Act and provide information on the screening certificates issued during the reporting period, indicating the number and nature of positive certificates issued and providing examples of the positions concerned. The Committee also requests the Government to continue to provide statistical information on any appeals lodged against a positive certificate and the results.

The situation of the Roma in employment and occupation. The Committee notes that no information was communicated by the Government on this point. It notes from the 2019 concluding observations of the United Nations Committee on the Elimination of Racial Discrimination (CERD) the disproportionately high number of Roma who are unemployed, or in informal employment and the lack of representation of Roma in the public sector. It further notes the concern of the CERD that Roma children remain at risk of being misdiagnosed and enrolled in special education programmes for children with mild intellectual or psychosocial disabilities; and the prevalence of segregated schools where the large majority of pupils are Roma, noting that this practice is exacerbated by the concentration of Roma in socially excluded localities and by the reluctance of non-Roma parents to have Roma pupils attending their children’s schools (CERD/C/CZE/CO/12-13, 19 September 2019, paragraphs 15(d) and 17). The Committee reiterates its request to the Government to actively take action to promote the employment of Roma, in cooperation with employers’ and workers’ organizations, and to take the necessary measures to assess the effective impact of the measures taken within the framework of the various projects and programmes, including the Comprehensive Strategy for Combating Social Exclusion (2011–15) and the Strategy for Roma Integration by 2020. The Committee further urges the Government to: (i) provide specific information on the measures taken to reform the educational system to end segregation of Roma pupils and promote inclusive education; and (ii) take concrete measures, within the above established framework or otherwise, to fight against stigmatization and discrimination against the Roma population and promote tolerance among all segments of the population.

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

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

Article 2 of the Convention. Equality of opportunity of men and women in employment and occupation. The Committee recalls that the employment rate of women remains low and the labour market remains significantly segregated by gender. The Committee welcomes the adoption of the Government’s Strategy for equality of “Women and Men for 2014–20 which Constitutes the Basic Framework for the Yearly Updated Measures for Priorities and Policies of the Government in Promoting Equal Opportunities for Women and Men”. The Strategy identifies a number of issues: such as low employment of women, high number of women threatened by poverty, high horizontal and vertical gender segregation of the labour market, discrimination of women as a result of childcare, lack of knowledge of employers in the area of gender equality, low number of women-entrepreneurs and the existence of harassment and sexual harassment at the workplace. The Strategy sets a number of goals and comprehensive measures to address the issues through the support to gender non-stereotyped education and employment, the promotion of employment of women and the reconciliation of work and family responsibilities. The Committee notes from the Government’s report that the Labour Office continues to implement projects to promote employment of women and men with family responsibilities, with counselling and vocational training measures. The Committee requests the Government to provide information, including statistics, on the results achieved by the measures taken on the basis of the Government Strategy for Equality of Women and Men 2014–20 and their actual impact on the employment of women, including women with family responsibilities. The Committee further requests the Government to provide information on any measures taken, in cooperation with workers’ and employers’ organizations, to address occupational gender segregation and promote equal opportunities for men and women with respect to access to a wider range of jobs, including any measures aimed at addressing gender stereotypes in education, vocational training and employment, and the results thereof. It requests the Government to continue to provide statistical information on the situation of men and women in employment, by economic sector and professional category.

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

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 105th Session, May–June 2016)

The Committee notes the discussion that took place in the Conference Committee on the Application of Standards (CAS) in June 2016 and the resulting conclusions of the Conference Committee, which addressed the following issues: (1) the anti-discrimination legislation; (2) the scope of Act No. 451 of 1991 (the Screening Act) further to the adoption of Act No. 234 of 2014 (the Civil Service Act); and (3) the impact of programmes of assistance for the integration in employment of the Roma population. The Committee also notes the observations from the Czech–Moravian Confederation of Trade Unions (CMKOS) in relation to the scope of the anti-discrimination legislation which were attached to the Government’s reports received on 10 March 2016 and 30 November 2016.

Article 1 of the Convention. The anti-discrimination legislation. The Committee recalls that the Labour Code of 2006 (Act No. 262/2006) prohibits all forms of discrimination in labour relations without specifying any prohibited grounds, unlike the previous Labour Code, and refers for that purpose to the Anti-Discrimination Act (No. 198/2009). The Employment Act (No. 435/2004) – which used to contain a broad enumeration of prohibited grounds of discrimination – also refers to the Anti-Discrimination Act of 2009 further to its amendment in 2011. As a result, the grounds of political conviction and membership or activity in political parties, trade unions or employers’ organizations which were expressly covered by the previous Labour Code and the Employment Act are no longer included in any legislation, thereby reducing the legal protection of workers against discrimination. The CMKOS, in its observations, continues to point out the lack of protection against discrimination based on membership in trade unions which is, according to the organization, quite common in industrial relations. The Committee notes the Government’s indication in its report of 10 March 2016 and before the Conference Committee that it has adopted, after consultation with the most representative organizations of workers and employers, Resolution No. 867 of 26 October 2015 which tasked the Minister for Human Rights, Equal Opportunities and Legislation to take into account discrimination based on membership of trade unions when preparing amendments to the Anti-Discrimination Act of 2009. The Committee further notes from the Government’s report received on 30 November 2016 that, on the initiative of the CMKOS, the issues relating to the situation of trade unions in the country, including with respect to anti-union discrimination, were discussed on 12 September 2016 by the Presidency of the Council of Economic and Social Agreement (high-level tripartite body composed of chairpersons of the most representative organizations of workers and employers, the Prime Minister and the Minister of Labour and Social Affairs). During this meeting, the CMKOS presented a bill to amend the Labour Code with a view to reintroducing the previous list of prohibited grounds of discrimination. The Government indicates that the follow-up on this bill will be coordinated by the Minister for Human Rights, Equal Opportunities and Legislation. The Committee requests the Government to take the necessary measures, in consultation with workers’ and employers’ organizations, to ensure the protection of workers against discrimination in training, recruitment, terms and conditions of employment, on the basis of all the grounds enumerated by Article 1(1)(a) of the Convention, including political opinion, and all the grounds that were previously covered by the labour legislation (Article 1(1)(b)). The Committee also requests the Government to provide information on any action taken pursuant to Resolution No. 867 of 26 October 2015 to amend the Anti-Discrimination Act of 2009 with respect to grounds of discrimination, and on any progress made regarding the bill to amend the Labour Code to reintroduce the previous list of prohibited grounds of discrimination. The Committee also requests the Government to continue to monitor closely the application of the Anti-Discrimination Act specifically in the field of employment and occupation as well as the application of the Labour Code and the Employment Act of 2004, in practice, particularly with regard to the possibility for workers to assert their right to non-discrimination and to obtain compensation.

Discrimination on the basis of political opinion. The Screening Act. With reference to the above comments, the Committee recalls that discrimination on the basis of political opinion is not prohibited under the labour and anti-discrimination legislation. It also recalls that, for a number years, it has been requesting the Government to amend or repeal the Screening Act in so far as it requires negative screening certificates – in relation to the former political system – to enter the civil service, and therefore violates the principle of non-discrimination on the basis of political opinion. The Committee notes with interest the Government’s indication in its report and to the Conference Committee that further to the adoption of the Civil Service Act (Act No. 234/2014) which came into force on 1 January 2015, the Screening Act was amended to require negative screening certificates only for decision-making positions under the Civil Service Act. The Committee also notes that the Government’s representative indicated during the discussions in the Conference Committee that the employees in the state administration who were outside the civil service had been excluded from the application of the Screening Act since the entry into force of the Civil Service Act. The Committee welcomes the Government’s indication regarding state employees that, as of 1 June 2016, there were 69,470 service-status positions (that is positions directly involved in preparation and implementation of government policies), of which 9,931 were decision-making positions for which a negative screening certificate is necessary, and 7,094 employee-status positions (that is positions employed by the Government, but not involved with Government policies) of which 348 management positions which no longer require a negative screening certificate after the Civil Service Act became effective. The Committee further notes from the Government’s report that out of the 2010 screening certificates issued in 2015, 1.7 per cent were positive and in 2016, 0.9 per cent were positive out of the 2,446 certificates issued. While noting these positive developments, the Committee requests the Government to indicate clearly the functions in respect of which screening is required under the Civil Service Act, specifying the relevant sections of the Act, and to provide a copy of the relevant amendment of the Screening Act. Noting the number of certificates issued in the past two years, the Committee requests the Government to continue to monitor closely the application of the Screening Act and provide information on the screening certificates issued, indicating the number and nature of certificates issued and providing examples of the positions concerned. The Committee also requests the Government to provide statistical information on any appeals lodged against a positive certificate and its results.

The situation of the Roma in employment and occupation. The Committee welcomes the detailed information provided by the Government in its reports and to the Conference Committee on the numerous programmes of assistance aimed at helping disadvantaged groups, including the Roma community, to acquire qualifications and develop skills and gain work experience through social or sheltered jobs and community service, and increase their employment prospects on the labour market. It also welcomes the Government’s indication that it has adopted in 2015 the “Strategy for Roma Integration by 2020” aiming explicitly at establishing a framework for measures to improve the situation of Roma in the areas of education, training, employment, housing and health, to mitigate gradually unjustified and unacceptable differences between the situation of a large part of the Roma population and the rest of the population and to ensure their efficient protection against discrimination. The Committee further notes the Government’s indication that 29 grant projects were implemented in 2015 and 2016 with a view to increasing employment and employability of the Roma minority. The Government also indicates that the expected impacts aim at improving the situation in the “excluded localities”. The Committee recalls that the Conference Committee has requested information regarding the real impact of such programmes for the integration in employment of the Roma population, including women of the Roma community. With reference to its previous comments regarding the Comprehensive Strategy for Combating Social Exclusion (2011–15) aimed at addressing comprehensively social exclusion and school segregation, which affects disproportionally the members of the Roma community, the Committee recalls that it is difficult to assess the results and real impact of all the measures taken in the framework of this strategy. The Committee would like to point out the importance to complement these essential employment policy measures with appropriate measures to address stereotypes and prejudices regarding the capabilities and preferences of the Roma people, combat effectively discrimination and stigmatisation and promote respect and tolerance between all segments of the population. The Committee therefore requests the Government to continue to take action to promote the employment of Roma, in cooperation with employers’ and workers’ organizations, and take the necessary measures to assess the impact of the measures taken within the framework of the various projects and programmes, including the Comprehensive Strategy for Combating Social Exclusion (2011–15) and the Strategy for Roma Integration by 2020. The Government is requested to provide information on the results achieved. The Committee further requests the Government to provide specific information on the measures taken to reform the educational system to end segregation of Roma pupils and promote inclusive education. The Committee requests the Government to take concrete measures, within the above established framework or otherwise, to fight against stigmatisation and discrimination of the Roma population and promote tolerance among all the segments of the population.

Enforcement. Labour inspection. Equality body. The Committee welcomes the information provided by the Government in its latest report describing in detail labour inspections carried out in 2015 in the field of “unfair treatment and discrimination” and their outcome (65 cases of violation of equal treatment under section 16 of the Labour Code were found in 2015). It also welcomes the Government’s indication that selected inspectors in the regional labour inspection offices were trained in the field of equal treatment and non-discrimination and that targeted inspections focused on these issues have been included again in the main inspection tasks for 2016.

The Committee notes with interest the promotional and enforcement activities carried out by the Public Defender of Rights since 2009, in the area of non-discrimination and equality, including equal remuneration, such as dealing with discrimination claims and assisting victims of discrimination, training labour inspectors, workers’ and employers’ organizations and public officials, raising awareness and disseminating legal and practical information. The Committee further notes from the Public Defender’s report for 2015, that most of the complaints received concern discrimination in the field of labour and employment (108 out of 379 in 2015). In a comprehensive study entitled “Discrimination in the Czech Republic: Victims of discrimination and obstacles hindering their access to justice” published in 2015, the Public Defender of Rights issues 15 recommendations for a more effective enforcement of the Anti-Discrimination Law of 2009, on the basis of a survey which identified obstacles encountered by victims of discrimination (belief that it is difficult to enforce one’s rights, fear of retaliation, lack of knowledge of the relevant bodies and procedures, burden of proof in judicial proceedings, low fines, etc.). Such recommendations include the organization of targeted promotional and awareness-raising campaigns for the public and “vulnerable groups”, training of judges, lawyers, inspectors, social workers, medical staff and police officers, amendment of legislation (reduction of court fees in discrimination cases, free legal aid, etc.) and the design of effective, deterring and reasonable penalties. The Committee notes that, in its observations, the CMKOS alleges that assistance by the State to victims of discrimination is insufficient. The Committee requests the Government to provide information on any action taken further to the recommendations of the Public Defender of Rights and any legal or practical measures taken to strengthen the enforcement of the anti-discrimination legislation. To ensure legal clarity and certainty regarding legislative non-discrimination provisions, the Committee further requests the Government to ensure the broad dissemination of the material designed by the labour inspectorate and the Public Defender of Rights to foster awareness of legal provisions and relevant procedures to obtain redress among workers, employers and their organizations, as well as labour inspectors, judges and other public officials dealing with non-discrimination and equality in employment and occupation. The Committee also request the Government to continue to provide information on the number and nature of any administrative or judicial decisions applying and interpreting the legal provisions on discrimination in the field of employment and occupation, including the remedies provided and the sanctions imposed.

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

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

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

Discrimination based on sex. Inherent requirements of the job. The Committee notes the explanations provided by the Government on the meaning of section 6(3) of Act No. 198/2009 of 23 April 2008 (the Anti-Discrimination Act) which provides for permissible differences in treatment which do not constitute discrimination based on sex. Recalling that exceptions relating to inherent requirements of a particular job should be interpreted restrictively and on a case by-case basis, the Committee request the Government provide information on the manner in which section 6(3) of the Anti-Discrimination Act has been applied in practice, providing examples of the particular jobs concerned.

Equality of opportunity of men and women in employment and occupation. The Committee notes from the OECD statistics that the employment rate of women (as a percentage of the total female population between 15 and 64) remains quite low at 57.2 per cent (2011). It also notes from the statistics provided by the Czech Statistical Office in the Labour Force Sample Survey (2011) that women are mostly concentrated in health and social work activities and education, and men predominate in construction, transportation and storage and manufacturing, and that overall the labour market remains significantly segregated by gender. The Committee notes from the detailed information provided by the Government that the share of part-time in total employment amounts to 5.5 per cent (8.5 per cent of women employment and 2 per cent of men). It also notes the Government’s indication that parental leaves are used mostly by women. The Committee notes that projects were implemented by the Labour Office to assist women to return to work after being away from the labour market due to child care or care for family members, long term unemployed women, women with a low level of education, women over 55, women who are single parents and women from minorities, including migrant women. The Committee notes that these projects focused on retraining and support to entrepreneurship, removing obstacles preventing women from participating in the labour market and reconciling work and family responsibilities, including through incentives for employers to adopt family friendly measures and the development of child care facilities. In this respect, the Committee notes the Government’s statement that it intends to focus strongly on the issue of reconciliation of work and family responsibilities and it will develop pre-school facilities and alternative family care options. With respect to public service employment, the Committee notes that within the framework of the Updated Measures for Priorities and Policies of the Government in Promoting Equal Opportunities for Women and Men adopted in 2011, all ministries have to promote actively equal representation of men and women in management positions and adopt specific measures when the representation of men or women in such positions is less than 30 per cent. Noting the new initiatives taken or envisaged by the Government, the Committee requests the Government to provide information, including statistics, on the results achieved by the measures taken to help women return to the labour market after a career break, and provide information on any measures taken, in cooperation with workers’ and employers’ organizations, to promote equal opportunities for men and women with respect to access to a wider range of jobs, including any measures aimed at addressing gender stereotypes regarding women’s professional aspirations, preferences and capabilities and the roles of men and women in the society. The Committee also requests the Government to provide specific information on the results achieved in the ministries regarding the access of women to management positions, including to decision-making positions, and to provide information on the measures taken or envisaged to promote equal opportunities of men and women in the public sector. Please provide statistical information on the situation of men and women in employment, by economic sector and professional category.

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

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

Follow-up to the conclusions of the Conference Committee on the Application of Standards (International Labour Conference, 99th Session, June 2010)

In its previous comments, the Committee noted the discussion that took place in the Conference Committee on the Application of Standards in June 2010 and the resulting conclusions of the Conference Committee, which addressed the following issues: (1) the anti-discrimination legislation; (2) the outstanding issues with regard to the follow-up to the representations under article 24 of the ILO Constitution (November 1991 and June 1994) regarding Act No. 451 of 1991 (the Screening Act); and (3) the situation of the Roma in employment and occupation. The Committee also noted that an ILO mission has taken place from 26–29 April 2011 and recommended inter alia that the tripartite constituents consider taking advantage of the envisaged revision of the Labour Code to include the list of prohibited grounds of discrimination currently in the Employment Act so as to ensure legal clarity and certainty concerning protection against discrimination in all areas of employment and occupation. The Committee also notes the observations from the Czech-Moravian Confederation of Trade Unions (CM KOS) attached to the Government’s report.

The anti-discrimination legislation. The Committee recalls that the Labour Code of 2006 (Act No. 262/2006) prohibits all forms of discrimination in labour relations but does not specify any prohibited grounds, unlike the previous Labour Code which prohibited discrimination on the basis of sex, sexual orientation, racial or ethnic origin, nationality, citizenship, social background, family background, language, health condition, age, religion or confession, property, marital or family status, family responsibilities, political or other conviction, membership of or activity in political parties or movements, trade union or employers’ organizations. However, the Anti-Discrimination Act (No. 198/2009 Coll.) prohibits direct and indirect discrimination based on race, ethnic origin, nationality, sex, sexual orientation, age, disability, religion, belief or worldview. In addition, the Employment Act (No. 435/2004) prohibited any form of direct or indirect discrimination of persons exercising their right to employment on the same grounds as the former Labour Code, before its amendment by Act No. 367/2011. In this respect, the Committee notes that, according to the Government, this amendment replaced the list of prohibited grounds of discrimination by an explicit reference to the Anti-Discrimination Act. It also notes the Government’s indication that section 16 of the Labour Code was amended by Act No. 365/2011 Coll. which supplemented the provisions on equal treatment and prohibition of discrimination also with an explicit reference to the Anti-Discrimination Act. The Committee notes that the Government reiterates its position that the Anti-Discrimination Act has to be read in conjunction with the Charter of Fundamental Rights and Freedoms and international agreements which are directly applicable in the country according to the Constitution. It also notes the Government’s indication that the grounds of family responsibilities, marital status, pregnancy and parenthood may be covered by the ground of sex in the Anti-Discrimination Act, and that employees’ representatives are protected against discrimination by section 276 of the Labour Code. The Committee notes that as a result of the new legislative framework, workers are explicitly protected against discrimination only on the basis of race, ethnic origin, nationality, sex, sexual orientation, age, disability, religion, belief or opinions, as provided by the Anti-Discrimination Act to which both the Labour Code of 2006 and the Employment Act now refer, thereby omitting the grounds of political conviction and membership or activity in political parties, trade unions or employers’ organizations which were previously expressly covered by the former Labour Code and the Employment Act. The Committee notes that the CM KOS indicates that it maintains its long standing observations regarding the limitation of the protection of workers against discrimination. The CM KOS indicates that this protection was further limited due to the amendment of the Employment Act in 2011 that removed the list of prohibited grounds of discrimination from its provisions and therefore the organization considers that the current legislation and practice are not in compliance with the Convention.

The Committee notes the Government’s indication that the State Labour Inspection Office issued leaflets for the public dedicated to the issue of discrimination. It notes however that these leaflets only mention the grounds of race, ethnic origin, nationality, sex, sexual orientation, age, disability, religion, belief or worldview. The Committee notes the Government’s indication that further to the recommendations of the ILO mission, discussions are currently being held between the Ministry of Labour and Social Affairs, the Government Commissioner for Human Rights and the Ombudsperson to determine the appropriate means to ensure the enforceability and legal clarity and certainty concerning the right to non discrimination, including with regard to legal procedures available to workers.

Noting the recent legislative developments, the Committee asks the Government to take the necessary measures to ensure the protection of workers against discrimination in training, recruitment, terms and conditions of employment, on the basis of all the grounds that were previously covered by the labour legislation. It also asks the Government to monitor closely the application of the Anti-Discrimination Act and the Charter of Fundamental Rights and Freedoms specifically in the field of employment and occupation as wells as the application of the Labour Code and the Employment Act in practice, particularly with regard to the possibility for workers to assert their right to non-discrimination and to obtain compensation, and to ensure that they provide adequate protection against discrimination based on at least all the grounds enumerated in Article 1(1)(a) of the Convention. The Committee asks the Government to take the necessary measures to ensure that the material designed to foster awareness of the legal provisions on discrimination among workers, employers and their organizations, as well as labour inspectors, judges and other public officials dealing with non-discrimination and equality, indicates clearly the grounds of discrimination that are prohibited under the legislation, including those covered by the Charter of Fundamental Rights and Freedoms, and provide details on the procedure to follow. In this regard please also provide information on the number and nature of any administrative or judicial decisions applying and interpreting the legal provisions on discrimination in the field of employment and occupation, including the remedies provided and the sanctions imposed.

Discrimination on the basis of political opinion. The Screening Act. In its previous comments, the Committee noted that the Conference Committee has strongly urged the Government to amend or repeal the Screening Act without further delay in so far as it violated the principle of non-discrimination on the basis of political opinion. The Committee also noted that detailed information was provided to the ILO mission to clarify the scope of application of the Screening Act, according to which the Act applies to limited categories of persons occupying managerial positions in the public service and state enterprises, and that work was under way to adopt a new Act on Civil Service. The Committee understands from the Government’s report that in the draft Act on Civil Service which is still under preparation, there remains a reference to the current provisions of the Screening Act as one of the “additional prerequisites” for a management position in the civil service, a high level position or a position of head of office of a regional self government unit. The Government indicates that the Screening Act will not apply to “other employees”, as defined by the draft Act on Civil Service and excluded from its scope, performing auxiliary or manual work at public authorities or to employees supervising these workers. Further to the adoption of the Act on Civil Service, the list of persons subject to the Screening Act will be amended, using the same terminology. Recalling that political opinion may be taken into account as inherent requirements only for certain posts involving special responsibilities directly concerned with developing government policy, the Committee requests the Government to provide information on the measures taken to clearly specify and define the functions in respect of which screening would be required in the Act on Civil Service and provide a copy of this Act once it has been adopted as well as a copy of the Screening Act once it has been amended. Noting the information provided in the Government’s report in this respect, the Committee requests the Government to continue to provide information on the application of the Screening Act, indicating specifically the positions for which a screening certificate was requested and issued, and the responsibilities directly concerned with developing government policy. Please provide statistical information on the number of certificates issued and the appeals lodged against a positive certificate.

The situation of the Roma in employment and occupation. The Committee noted in its previous comments that the Conference Committee remained concerned that the measures taken aimed at the social inclusion of the Roma had not yet led to verifiable improvements and urged the Government to take measures to develop improved means to monitor the situation of the Roma, including through the collection and analysis of appropriate data. The Committee welcomes the detailed statistics provided by the Government on the estimated numbers of members of the Roma community, disaggregated by region and sex. The Committee also notes the results of the 2011 national census according to which only 5,199 persons declared themselves as Roma whereas in 2010 the number of people in the Roma community was estimated at 183,000. The Committee notes that according to the statistics provided the estimated number of people from the Roma community registered by the Labour Office is quite low in comparison to the total Roma population (38,456 including 18,146 women). The Committee notes the detailed information provided by the Government regarding numerous projects and programmes of the Active Employment Policy and the reform of public employment services. The Committee notes with interest the approval of a comprehensive Strategy for Combating social exclusion for the period 2011–15 in September 2011, to support the social inclusion of people in “socially excluded localities” in which mainly members of the Roma community live. According to the strategy, approximately 80,000 persons are concerned by social exclusion in the country, 70,000 of which are from the Roma community. This Plan of Action which was prepared by the Agency for Social Inclusion, includes 77 measures in the fields of education, employment, housing, social services, family policy, healthcare, security and regional development, and will be implemented by the Government Commissioner for Human Rights. With regard to education, the Committee notes that the measures envisaged, including financial measures, aim at reforming the current educational system to end segregation and transform the system of schools established for pupils with mild mental disabilities. They also include measures to end discriminatory criteria for admission of children into public kindergartens which reduced the availability of such facilities for children from socially disadvantaged families, and measures to support inclusive education. The Committee also notes that 65 per cent of the persons from socially excluded localities receive social benefits and 75 per cent of them are non-active or unemployed and 11 per cent have occasional employment. The employment measures encompass the development of specific mechanisms to find employment, the implementation of a gradual employment scheme from the public service to the free labour market, the development of local employment networks and the implementation of tools for flexible employment and incentives for employers. Welcoming the numerous measures envisaged in the Comprehensive Strategy for Combating Social Exclusion (2011–15) to address comprehensively social exclusion and school segregation, which affects disproportionally the members of the Roma community, the Committee requests the Government to provide information on its implementation of the measures with regard to education, training, employment and occupation, in particular with regard to Roma girls and women, and the results thereof. In this regard, it requests the Government to continue to assess the impact of the measures taken and to ensure that any progress made in the education and employment situation of the Roma population is not reversed by the economic downturn or the lack of appropriate funding, including with respect to the activities of the Government Commissioner for Human Rights and the Agency for Social Inclusion. The Committee requests the Government to take appropriate measures to address stereotypes and prejudices regarding the capabilities and preferences of the Roma and to promote respect and tolerance between all sections of the population. Please also provide information on the implementation and results of the “Ethnic Friendly Employer” scheme.

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 2012, published 102nd ILC session (2013)

Discrimination based on sex. Inherent requirements of the job. The Committee notes the explanations provided by the Government on the meaning of section 6(3) of Act No. 198/2009 of 23 April 2008 (the Anti-Discrimination Act) which provides for permissible differences in treatment which do not constitute discrimination based on sex. Recalling that exceptions relating to inherent requirements of a particular job should be interpreted restrictively and on a case-by-case basis, the Committee request the Government provide information on the manner in which section 6(3) of the Anti-Discrimination Act has been applied in practice, providing examples of the particular jobs concerned.

Equality of opportunity of men and women in employment and occupation. The Committee notes from the OECD statistics that the employment rate of women (as a percentage of the total female population between 15 and 64) remains quite low at 57.2 per cent (2011). It also notes from the statistics provided by the Czech Statistical Office in the Labour Force Sample Survey (2011) that women are mostly concentrated in health and social work activities and education, and men predominate in construction, transportation and storage and manufacturing, and that overall the labour market remains significantly segregated by gender. The Committee notes from the detailed information provided by the Government that the share of part-time in total employment amounts to 5.5 per cent (8.5 per cent of women employment and 2 per cent of men). It also notes the Government’s indication that parental leaves are used mostly by women. The Committee notes that projects were implemented by the Labour Office to assist women to return to work after being away from the labour market due to child care or care for family members, long term unemployed women, women with a low level of education, women over 55, women who are single parents and women from minorities, including migrant women. The Committee notes that these projects focused on retraining and support to entrepreneurship, removing obstacles preventing women from participating in the labour market and reconciling work and family responsibilities, including through incentives for employers to adopt family friendly measures and the development of child care facilities. In this respect, the Committee notes the Government’s statement that it intends to focus strongly on the issue of reconciliation of work and family responsibilities and it will develop pre-school facilities and alternative family care options. With respect to public service employment, the Committee notes that within the framework of the Updated Measures for Priorities and Policies of the Government in Promoting Equal Opportunities for Women and Men adopted in 2011, all ministries have to promote actively equal representation of men and women in management positions and adopt specific measures when the representation of men or women in such positions is less than 30 per cent. Noting the new initiatives taken or envisaged by the Government, the Committee requests the Government to provide information, including statistics, on the results achieved by the measures taken to help women return to the labour market after a career break, and provide information on any measures taken, in cooperation with workers’ and employers’ organizations, to promote equal opportunities for men and women with respect to access to a wider range of jobs, including any measures aimed at addressing gender stereotypes regarding women’s professional aspirations, preferences and capabilities and the roles of men and women in the society. The Committee also requests the Government to provide specific information on the results achieved in the ministries regarding the access of women to management positions, including to decision-making positions, and to provide information on the measures taken or envisaged to promote equal opportunities of men and women in the public sector. Please provide statistical information on the situation of men and women in employment, by economic sector and professional category.

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

Follow-up to the conclusions of the Conference Committee on the Application of Standards (International Labour Conference, 99th Session, June 2010)

In its previous comments, the Committee noted the discussion that took place in the Conference Committee on the Application of Standards in June 2010 and the resulting conclusions of the Conference Committee, which addressed the following issues: (1) the anti-discrimination legislation; (2) the outstanding issues with regard to the follow-up to the representations under article 24 of the ILO Constitution (November 1991 and June 1994) regarding Act No. 451 of 1991 (the Screening Act); and (3) the situation of the Roma in employment and occupation. The Committee also noted that an ILO mission has taken place from 26–29 April 2011 and recommended inter alia that the tripartite constituents consider taking advantage of the envisaged revision of the Labour Code to include the list of prohibited grounds of discrimination currently in the Employment Act so as to ensure legal clarity and certainty concerning protection against discrimination in all areas of employment and occupation. The Committee also notes the observations from the Czech-Moravian Confederation of Trade Unions (CM KOS) attached to the Government’s report.

The anti-discrimination legislation. The Committee recalls that the Labour Code of 2006 (Act No. 262/2006) prohibits all forms of discrimination in labour relations but does not specify any prohibited grounds, unlike the previous Labour Code which prohibited discrimination on the basis of sex, sexual orientation, racial or ethnic origin, nationality, citizenship, social background, family background, language, health condition, age, religion or confession, property, marital or family status, family responsibilities, political or other conviction, membership of or activity in political parties or movements, trade union or employers’ organizations. However, the Anti-Discrimination Act (No. 198/2009 Coll.) prohibits direct and indirect discrimination based on race, ethnic origin, nationality, sex, sexual orientation, age, disability, religion, belief or worldview. In addition, the Employment Act (No. 435/2004) prohibited any form of direct or indirect discrimination of persons exercising their right to employment on the same grounds as the former Labour Code, before its amendment by Act No. 367/2011. In this respect, the Committee notes that, according to the Government, this amendment replaced the list of prohibited grounds of discrimination by an explicit reference to the Anti-Discrimination Act. It also notes the Government’s indication that section 16 of the Labour Code was amended by Act No. 365/2011 Coll. which supplemented the provisions on equal treatment and prohibition of discrimination also with an explicit reference to the Anti-Discrimination Act. The Committee notes that the Government reiterates its position that the Anti-Discrimination Act has to be read in conjunction with the Charter of Fundamental Rights and Freedoms and international agreements which are directly applicable in the country according to the Constitution. It also notes the Government’s indication that the grounds of family responsibilities, marital status, pregnancy and parenthood may be covered by the ground of sex in the Anti-Discrimination Act, and that employees’ representatives are protected against discrimination by section 276 of the Labour Code. The Committee notes that as a result of the new legislative framework, workers are explicitly protected against discrimination only on the basis of race, ethnic origin, nationality, sex, sexual orientation, age, disability, religion, belief or opinions, as provided by the Anti-Discrimination Act to which both the Labour Code of 2006 and the Employment Act now refer, thereby omitting the grounds of political conviction and membership or activity in political parties, trade unions or employers’ organizations which were previously expressly covered by the former Labour Code and the Employment Act. The Committee notes that the CM KOS indicates that it maintains its long standing observations regarding the limitation of the protection of workers against discrimination. The CM KOS indicates that this protection was further limited due to the amendment of the Employment Act in 2011 that removed the list of prohibited grounds of discrimination from its provisions and therefore the organization considers that the current legislation and practice are not in compliance with the Convention.

The Committee notes the Government’s indication that the State Labour Inspection Office issued leaflets for the public dedicated to the issue of discrimination. It notes however that these leaflets only mention the grounds of race, ethnic origin, nationality, sex, sexual orientation, age, disability, religion, belief or worldview. The Committee notes the Government’s indication that further to the recommendations of the ILO mission, discussions are currently being held between the Ministry of Labour and Social Affairs, the Government Commissioner for Human Rights and the Ombudsperson to determine the appropriate means to ensure the enforceability and legal clarity and certainty concerning the right to non-discrimination, including with regard to legal procedures available to workers.

Noting the recent legislative developments, the Committee asks the Government to take the necessary measures to ensure the protection of workers against discrimination in training, recruitment, terms and conditions of employment, on the basis of all the grounds that were previously covered by the labour legislation. It also asks the Government to monitor closely the application of the Anti-Discrimination Act and the Charter of Fundamental Rights and Freedoms specifically in the field of employment and occupation as wells as the application of the Labour Code and the Employment Act in practice, particularly with regard to the possibility for workers to assert their right to non-discrimination and to obtain compensation, and to ensure that they provide adequate protection against discrimination based on at least all the grounds enumerated in Article 1(1)(a) of the Convention. The Committee asks the Government to take the necessary measures to ensure that the material designed to foster awareness of the legal provisions on discrimination among workers, employers and their organizations, as well as labour inspectors, judges and other public officials dealing with non-discrimination and equality, indicates clearly the grounds of discrimination that are prohibited under the legislation, including those covered by the Charter of Fundamental Rights and Freedoms, and provide details on the procedure to follow. In this regard please also provide information on the number and nature of any administrative or judicial decisions applying and interpreting the legal provisions on discrimination in the field of employment and occupation, including the remedies provided and the sanctions imposed.

Discrimination on the basis of political opinion. The Screening Act. In its previous comments, the Committee noted that the Conference Committee has strongly urged the Government to amend or repeal the Screening Act without further delay in so far as it violated the principle of non-discrimination on the basis of political opinion. The Committee also noted that detailed information was provided to the ILO mission to clarify the scope of application of the Screening Act, according to which the Act applies to limited categories of persons occupying managerial positions in the public service and state enterprises, and that work was under way to adopt a new Act on Civil Service. The Committee understands from the Government’s report that in the draft Act on Civil Service which is still under preparation, there remains a reference to the current provisions of the Screening Act as one of the “additional prerequisites” for a management position in the civil service, a high level position or a position of head of office of a regional self-government unit. The Government indicates that the Screening Act will not apply to “other employees”, as defined by the draft Act on Civil Service and excluded from its scope, performing auxiliary or manual work at public authorities or to employees supervising these workers. Further to the adoption of the Act on Civil Service, the list of persons subject to the Screening Act will be amended, using the same terminology. Recalling that political opinion may be taken into account as inherent requirements only for certain posts involving special responsibilities directly concerned with developing government policy, the Committee requests the Government to provide information on the measures taken to clearly specify and define the functions in respect of which screening would be required in the Act on Civil Service and provide a copy of this Act once it has been adopted as well as a copy of the Screening Act once it has been amended. Noting the information provided in the Government’s report in this respect, the Committee requests the Government to continue to provide information on the application of the Screening Act, indicating specifically the positions for which a screening certificate was requested and issued, and the responsibilities directly concerned with developing government policy. Please provide statistical information on the number of certificates issued and the appeals lodged against a positive certificate.

The situation of the Roma in employment and occupation. The Committee noted in its previous comments that the Conference Committee remained concerned that the measures taken aimed at the social inclusion of the Roma had not yet led to verifiable improvements and urged the Government to take measures to develop improved means to monitor the situation of the Roma, including through the collection and analysis of appropriate data. The Committee welcomes the detailed statistics provided by the Government on the estimated numbers of members of the Roma community, disaggregated by region and sex. The Committee also notes the results of the 2011 national census according to which only 5,199 persons declared themselves as Roma whereas in 2010 the number of people in the Roma community was estimated at 183,000. The Committee notes that according to the statistics provided the estimated number of people from the Roma community registered by the Labour Office is quite low in comparison to the total Roma population (38,456 including 18,146 women). The Committee notes the detailed information provided by the Government regarding numerous projects and programmes of the Active Employment Policy and the reform of public employment services. The Committee notes with interest the approval of a comprehensive Strategy for Combating social exclusion for the period 2011–15 in September 2011, to support the social inclusion of people in “socially excluded localities” in which mainly members of the Roma community live. According to the strategy, approximately 80,000 persons are concerned by social exclusion in the country, 70,000 of which are from the Roma community. This Plan of Action which was prepared by the Agency for Social Inclusion, includes 77 measures in the fields of education, employment, housing, social services, family policy, healthcare, security and regional development, and will be implemented by the Government Commissioner for Human Rights. With regard to education, the Committee notes that the measures envisaged, including financial measures, aim at reforming the current educational system to end segregation and transform the system of schools established for pupils with mild mental disabilities. They also include measures to end discriminatory criteria for admission of children into public kindergartens which reduced the availability of such facilities for children from socially disadvantaged families, and measures to support inclusive education. The Committee also notes that 65 per cent of the persons from socially excluded localities receive social benefits and 75 per cent of them are non-active or unemployed and 11 per cent have occasional employment. The employment measures encompass the development of specific mechanisms to find employment, the implementation of a gradual employment scheme from the public service to the free labour market, the development of local employment networks and the implementation of tools for flexible employment and incentives for employers. Welcoming the numerous measures envisaged in the Comprehensive Strategy for Combating Social Exclusion (2011–15) to address comprehensively social exclusion and school segregation, which affects disproportionally the members of the Roma community, the Committee requests the Government to provide information on its implementation of the measures with regard to education, training, employment and occupation, in particular with regard to Roma girls and women, and the results thereof. In this regard, it requests the Government to continue to assess the impact of the measures taken and to ensure that any progress made in the education and employment situation of the Roma population is not reversed by the economic downturn or the lack of appropriate funding, including with respect to the activities of the Government Commissioner for Human Rights and the Agency for Social Inclusion. The Committee requests the Government to take appropriate measures to address stereotypes and prejudices regarding the capabilities and preferences of the Roma and to promote respect and tolerance between all sections of the population. Please also provide information on the implementation and results of the “Ethnic Friendly Employer” scheme.

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

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

Discrimination based on sex. Inherent requirements of the job. The Committee notes that under section 6(3) of Act No. 198/2009 of 23 April 2008 (the Anti-Discrimination Act), “difference of treatment in matters of access to or vocational training for employment or occupation shall not constitute discrimination on grounds of sex, provided that it is based on substantive grounds consisting in the nature of the performed work or activities and the requirements made are appropriate to that nature.” The Committee requests the Government to provide information on the application of section 6(3) of the Anti Discrimination Act in practice, including through any administrative or judicial decisions handed down in this respect.

Equality of opportunity of men and women in employment and occupation. The Committee notes that specific action was planned for 2010 in order to promote equal opportunity between men and women, with priority given to the following: (1) developing training opportunities for women, with special attention being given to women from disadvantaged groups (women older than 55, rural women, single mothers and women from minorities); (2) reinforcing enforcement of legal provisions, on gender equality through inspections; (3) training of careers counsellors, work advisers and employees at labour offices on equal opportunity between men and women; (4) adopting measures to overcome horizontal gender segregation in the labour market, including fighting gender stereotypes; (5) informing employers of the possibilities to support reconciliation between work and family responsibilities. In this respect, a special Committee for Balancing Work, Private and Family Life was set up by the Government Council for Equal Opportunities of Men and Women in April 2009. The Committee notes however that in its concluding observations the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) expressed concern about the low employment rate of women, horizontal and vertical segregation in the labour market, the wide gender wage gap, the lack of child care and pre-school facilities for children aged 0–6, as well as the limited capacity of the central and regional inspection offices to combat sex discrimination (CEDAW/C/CZE/CO/5, 22 October 2010, paragraph 30). While welcoming the measures envisaged by the Government, the Committee requests it to provide detailed information on the measures taken, indicating their impact on the employment and training opportunities for women and men, on the horizontal and vertical occupational segregation by sex, on the reconciliation of work and family responsibilities, and on the sharing of such responsibilities by men and women. In this respect, the Committee asks the Government to ensure that measures taken to reconcile work and family responsibilities, such as flexible working time arrangements, are available to both men and women on an equal footing and do not reinforce gender discrimination and stereotypes. The Committee requests once again the Government to provide information on any practical measures taken to promote action for gender equality at the enterprise level, in cooperation with workers’ and employers’ organizations.

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

Follow-up to the conclusions of the Conference Committee on the Application of Standards (International Labour Conference, 99th Session, June 2010)

The Committee notes the discussion that took place in the Conference Committee on the Application of Standards in June 2010 and the resulting conclusions of the Conference Committee, which addressed the following issues: (1) the new non-discrimination legislation; (2) the outstanding issues with regard to the follow-up to the representations under article 24 of the ILO Constitution (November 1991 and June 1994) regarding Act No. 451 of 1991 (the Screening Act); (3) the situation of the Roma in employment and occupation. The Committee notes that the Conference Committee requested the Government to provide full information on all the issues raised and urged it to accept an ILO technical assistance mission in order to enable it to bring its law and practice into conformity with the Convention without further delay. The Committee notes that a detailed report from the Government was received in November 2010 and a further report was received in September 2011. The Committee also notes that an ILO mission took place from 26–29 April 2011. The Committee notes the Government’s indication that the report of the mission and its conclusions were briefly discussed by the Working Group of the Council of Economic and Social Agreement for cooperation with the ILO on 24 August 2011 and would be submitted to the plenary session of the Council in October 2011.

The anti-discrimination legislation. The Committee notes that the Conference Committee urged the Government to provide full information on the new Anti-Discrimination Act (Act No. 198/2009) to the Committee of Experts to enable it to assess whether it provided adequate protection against discrimination on all the grounds enumerated in Article 1(1)(a) of the Convention, as well as on effective enforcement and monitoring mechanisms, and to ensure that the level of protection previously provided would not be decreased, in particular with respect to discrimination on the basis of family responsibilities, marital or family status or membership or activity in political parties, trade unions or employers’ organizations. The Committee recalls that the new Labour Code (Act No. 262/2006) prohibits all forms of discrimination in labour relations but does not specify any prohibited grounds, unlike the previous Labour Code which prohibited discrimination on the basis of sex, sexual orientation, racial or ethnic origin, nationality, citizenship, social background, family background, language, health condition, age, religion or confession, property, marital or family status, family responsibilities, political or other conviction, membership of or activity in political parties or movements, trade union or employers’ organizations. However, the new Anti-Discrimination Act prohibits direct and indirect discrimination based on race, ethnic origin, nationality, sex, sexual orientation, age, disability, religion, belief or opinions. In addition, the Employment Act (No. 435/2004) prohibits any form of direct or indirect discrimination of persons exercising their right to employment on the same grounds as the former Labour Code.

The Committee notes from the 2010 Government’s report and the information provided to the mission that protection against discrimination is provided under the Constitution (articles 1, 4 and 10), the Charter of Fundamental Rights and Freedoms (articles 1 and 3) which forms part of the constitutional order under article 3 of the Constitution, the Labour Code, the Employment Act and the Anti-Discrimination Act. According to the Government, the Anti Discrimination Act, which was primarily adopted to implement European Directives on discrimination and equality, has to be read within the overarching framework of the constitutional legal order, in particular the Charter of Fundamental Rights and Freedoms, which contains an open list of grounds of discrimination. It is also possible to claim discrimination on the basis of the grounds that are not expressly covered by the Anti-Discrimination Act, by applying other legislation or international agreements which are directly applicable in the country according to the Constitution. According to the Czech-Moravian Confederation of Trade Unions (CMKOS), the removal from the Labour Code of the list of prohibited grounds and the narrower set of grounds prohibited under the Anti-Discrimination Act has resulted in diminishing the protection of workers against discrimination, in particular with respect to family responsibilities, marital or family status or membership or activity in political parties, trade unions or employers’ organizations. In addition, the CMKOS stated that the Government intended to revise the list of prohibited grounds in the Employment Act and reiterated this statement in the observations that were communicated with the Government’s report in September 2011. In this respect, the Government indicated that the amendment of the Employment Act had not yet been adopted and was envisaged with a view to avoiding unnecessary duplications in legislation and not to limiting the list of discriminatory grounds.

The Committee notes from the mission’s report that there is consensus that interpretation by the courts would be required to ensure clarity that all the prohibited grounds of discrimination contained in the various legal instruments can be directly invoked and are justiciable. The Committee also notes the mission’s recommendation that the tripartite constituents consider taking advantage of the legislative texts currently under consideration to include in the revision of the Labour Code the list of prohibited grounds currently in the Employment Act so as to ensure legal clarity and certainty concerning protection against discrimination in all areas of employment and occupation. The mission also recommended that promotional and awareness-raising tools be developed and disseminated to clarify the full list of grounds of discrimination that are prohibited under the existing constitutional legal order and the other legislative texts, and that appropriate training for all concerned should be given due consideration.

The Committee requests the Government to take the necessary measures, within the framework of the labour legislation reform, to include in the Labour Code a provision listing the prohibited grounds of discrimination to ensure legal clarity and certainty concerning protection of workers against discrimination in all areas of employment and occupation and to ensure that at least all the grounds previously enumerated are included. It also asks the Government to take appropriate measures to foster awareness of all the legal provisions on discrimination, including how they interact, and the legal procedures available for redress among workers, employers and their organizations, as well as labour inspectors, judges and officials dealing with non-discrimination and equality issues in employment and occupation. The Government is requested to provide information on any measures taken in this respect. Please also provide information on any administrative or judicial decisions applying and interpreting the legal provisions on discrimination in the field of employment and occupation, as well as on the practical application of the various non discrimination provisions, including how they interact.

Discrimination on the basis of political opinion. The Screening Act. With respect to the follow-up to the two representations under article 24 of the ILO Constitution (November 1991 and June 1994) regarding the Screening Act, the Committee notes that the Conference Committee, recalling its position and that of the Committee of Experts that the provisions of the Act violated the principle of non-discrimination on the basis of political opinion, contrary to the Convention, strongly urged the Government to amend or repeal the Act without further delay. The Committee recalls that in a judgment handed down in 1992, the Constitutional Court of the Czech and Slovak Republic stated that most provisions of the Screening Act were in conformity with Convention No. 111 and the State had the right to determine the requirements for appointment to high office and other functions of decisive importance in the interests of its own security. It notes further that, in a second judgment in 2002 by the Constitutional Court of the Czech Republic, the Court stated that the Act was setting prerequisites for working in State services and supplementing the absence of a law on civil service and therefore its existence was still necessary. The Committee notes the information provided in the Government’s report on the implementation of the Screening Act, including the statistical data on screening certificates issued from 2007–10.

The Committee notes that the ILO mission was provided with detailed information on the rationale for the adoption of this Act, in particular, the historical and political contexts which led to its adoption. Detailed information was provided to clarify the scope of application of the Screening Act, according to which the Act applies to limited categories of persons occupying managerial positions in the public service and state enterprises. The Committee also notes from the report of the mission that work is under way to adopt a new Public Service Law to replace the Service Act (Act No. 218/2002) that was adopted in 2002 but which has not yet entered into force. The Committee also notes the mission’s recommendation that the opportunity be taken in the context of the ongoing preparations for a new Public Service Law to clearly specify and define the functions in respect of which screening would be required, and be in accordance with Article 1(2) of Convention No. 111.

The Committee requests the Government to provide information on the measures taken to clearly specify and define the functions in respect of which screening would be required in the law that will be adopted on the public service. The Committee asks the Government to provide information on the progress made in drafting and adopting the new law, and to supply a copy of the law once it is adopted. It requests the Government to continue to provide information on the application of the Screening Act and the positions concerned, including statistical information on the screening certificates issued and the appeals lodged against a positive certificate.

The situation of the Roma in employment and occupation. The Committee notes that the Conference Committee, while noting that steps had been taken aimed at the social inclusion of the Roma, remained concerned that measures had not yet led to verifiable improvements for the Roma in employment and occupation and urged the Government to take measures to develop improved means to monitor the situation of the Roma, including through the collection and analysis of appropriate data, with a view to demonstrating the achievement of real progress with respect to equal access of the Roma to education, training, employment and occupation.

The Committee notes the detailed information in the Government’s report regarding various programmes and projects which are being implemented with a view to improving employment and education of members of the Roma community. It notes, in particular, the establishment of the Agency for Social Integration in Roma Localities created to ensure effectiveness of individual measures at the local level. The Committee also notes that a report on the situation of Roma communities in the country, including with respect to their situation in the labour market, is prepared annually and submitted to the Cabinet. According to the Government, in 2009, the report referred to the marginalization of Roma people on the labour market due to the economic crisis and emphasized the disadvantages suffered by members of this community, such as their lack of qualifications, their low level of education and their lack of professional experience. As a result, the issues identified were put on the agenda of the Government Council for Roma Community Affairs for action.

With respect to the collection of data to monitor the progress made regarding the situation of the Roma population in employment and occupation, the Committee notes from the report of the mission that, according to the Act on national census, the collection of data on ethnic origin should be voluntary and as a consequence there is no mandatory registration regarding Roma ethnicity. However, even though there is no empirical data, there is expert knowledge of the situation of the Roma population, through regional coordinators, and the number of people in the Roma community was estimated at 183,000 in 2010. The mission was also informed of a specific scheme developed by a non-governmental organization called “Ethnic Friendly Employer” which grants a label to enterprises employing members of ethnic minorities. The Committee notes that the mission recommended that proactive measures to promote social inclusion and tolerance be vigorously continued, in cooperation with employers’ and workers’ organizations, and that their impact be monitored.

The Committee requests the Government to step up its efforts to promote employment of the Roma population in the public and the private sectors, with a particular focus on the employment of Roma women, and to continue to take measures to promote equal opportunity in education and vocational training for Roma children and youth. It requests the Government to continue to assess the impact of the measures taken and to ensure that any progress made in the employment situation of the Roma population is not reversed by the economic downturn or the lack of appropriate funding, including with respect to the activities of the Agency for Social Integration in Roma Localities and the Government Council for Roma Community Affairs. The Committee also asks the Government to continue to take proactive measures to promote social inclusion and tolerance, in cooperation with employers’ and workers’ organizations, and to provide information on the “Ethnic Friendly Employer” scheme. Noting that a national census is taking place in 2011, the Committee requests the Government to provide statistics, disaggregated by sex, on the number of persons who identify themselves as members of the Roma community and their situation in employment, including self-employment, and any estimates thereof received from the regional coordinators for Roma affairs.

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

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

The Committee recalls its previous observation issued in 2007 which addressed the following issues: (1) the developments concerning the adoption of new non-discrimination legislation; (2) the situation of the Roma in employment and occupation; and (3) the outstanding issues with regard to the follow-up to the representations under article 24 of the ILO Constitution (November 1991 and June 1994) regarding Act No. 451 of 1991 (Screening Act). In its observation, the Committee asked the Government to supply full particulars to the International Labour Conference at its 97th Session and to report in detail in 2008.

Subsequently, the Conference Committee on the Application of Standards discussed the application of the Convention by the Czech Republic at its 97th Session (June 2008). In its conclusions, the Conference Committee expressed concern that the Labour Code of 2006 had withdrawn the previously available protection from discrimination based on a number of additional grounds, including family responsibilities, marital or family status or membership of or activity in political parties, trade unions or employers’ organizations. It urged the Government to hold consultations with the representative employers’ and workers’ organizations and other appropriate bodies concerning these additional grounds, as required under Article 1(1)(b) of the Convention, with a view to maintaining the previous level of protection. It also called on the Government to adopt the new non-discrimination legislation without further delay and to ensure that it was in full conformity with the Convention.

With regard to the situation of the Roma, the Conference Committee stressed that it was essential that the measures taken would lead to objectively verifiable improvements as regards the situation of the Roma in practice. In this regard, the Conference Committee urged the Government to take measures to develop improved means to assess and monitor the situation of the Roma in employment and occupation and unemployment, including through the collection and analysis of appropriate data. It also requested the Government to take further measures to promote and ensure equal access of the Roma to education, training, employment and occupation.

With regard to the Screening Act, the Conference Committee regretted that previously announced plans to repeal the Act had not been followed through and that the Government asserted before the Committee that the Act is not in contravention with the Convention. The Conference Committee strongly urged the Government to bring its legislation into line with the Convention without further delay, in accordance with its obligations, taking into account the relevant conclusions and recommendations of the Governing Body and the Committee of Experts’ comments. The Conference Committee requested the Government to provide information on all these issues in its report under article 22 due in 2008.

The Committee recalls that a report had not been received in 2008 and the Committee repeated its previous comments. However, the Committee noted comments received from the Czech Moravian Confederation of Trade Unions (CM KOKS) dated 25 November 2008. In its comments, the CM KOKS states that, following the 97th Session of the Conference, it made an official request to the Prime Minister to place the application of the Convention on the agenda of the national tripartite body. In October 2008, a meeting of the national tripartite body took place. According to the union, the Government failed on this occasion to submit to the social partners the conclusions adopted by the Conference. The CM KOKS also reiterates its concerns regarding the withdrawal of specific legal protection from discrimination based on marital status, family responsibilities, political or other conviction, membership of, or activity in political parties and movements, trade unions or employers’ organizations. The CM KOKS further maintains that there is a need to improve the role of the State in monitoring compliance of anti-discrimination legislation. Further, it calls for the repeal of the Screening Act.

The Committee notes with regret that since the Conference discussion in 2008 no report has been received from the Government, despite the specific request made by the Conference Committee. The Committee is concerned that its previous comments and the Conference conclusions may not yet have been discussed in an appropriate manner at the national level. The Committee urges the Government to take the measures necessary to ensure follow-up to all the points raised by the Committee in its 2007 observation and direct request, and by the Conference Committee in 2008, and to provide all the information requested without delay.

[The Government is asked to supply full particulars to the Conference at its 99th Session and to reply in detail to the present comments in 2010.]

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

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:

Equality of opportunity of men and women in employment and occupation. The Committee notes the detailed information provided by the Government concerning the situation of women in the labour market, including statistical information. The Committee notes that the Government acknowledges that women continue to face difficulties in participating, on an equal footing with men, in employment in the various sectors and levels of responsibility. The Committee also notes the efforts by the Government to introduce measures to support reconciliation of work and family responsibilities and to encourage a better sharing of family responsibilities between men and women. According to the Government’s report, progress has been made in the civil service in achieving a better gender balance, including in leadership positions. However, in the private sector, progress is slow and uneven. In this context, the Committee recalls the 2005 comments made by the Czech-Moravian Confederation of Trade Unions with respect to the Equal Remuneration Convention, 1951 (No. 100) to the effect that individual employers should play a more active role in promoting gender equality, including through the adoption of equality plans. The Committee requests the Government to continue to provide detailed information on the following:

(a)   the measures taken to promote equality of opportunity and treatment of men and women in employment and occupation, including specific measures to eliminate the existing horizontal and vertical occupational segregation by sex and the impact of such measures;

(b)    the progress made in promoting reconciliation of work and family responsibilities, including measures to challenge stereotypical attitudes concerning the role of men and women in society that hinder the achievement of gender equality;

(c)    the measure taken to promote action for gender equality at the enterprise level, in cooperation with workers’ and employers’ organizations.

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

The Committee notes the discussion that took place in the Conference Committee on the Application of Standards in June 2008 and the resulting conclusions of the Conference Committee. It also notes the comments on the application of the Convention received from the Czech-Moravian Confederation of Trade Unions (CM KOS) on 25 November 2008, which were sent to the Government for its comments thereon. The Committee notes, however, that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

1. Legislative developments. The Committee notes that under section 16(1) of the new Labour Code (Act No. 262/2006), the employer is required to ensure equal treatment of employees in respect of working conditions, remuneration, vocational training and career advancement. Section 16(2) provides that all forms of discrimination in labour relations shall be prohibited. For the purposes of the new Labour Code, the definitions of the different forms of discrimination contained in the future Anti-Discrimination Act apply. According to the Government’s report, the current draft Anti-Discrimination Act will cover direct and indirect discrimination based on race, ethnic background, nationality, sex, sexual orientation, age, health impairment, religion and belief.

2. However, the Committee recalls that section 1(4) of the previous Labour Code prohibited discrimination based on sex, sexual orientation, racial or ethnic origin, nationality, citizenship, social background, family background, language, health condition, age, religion or confession, property, marital or family status, family responsibilities, political or other conviction, membership of or activity in political parties or movements, trade union or employers’ organizations. The Committee notes with concern that the new Labour Code, in conjunction with the future Anti-Discrimination Act would appear to restrict considerably the protection from discrimination in employment and occupation available under the previous Labour Code, not even providing protection from discrimination on the basis of all the grounds contained in the Convention. The Committee therefore requests the Government to ensure that the legislation continues to provide a high level of protection against discrimination in employment and occupation on all the grounds listed in the Convention, i.e. race, colour, sex, religion, political opinion, national extraction or social origin, as well as the additional grounds previously covered, and to provide information on the specific steps taken to this end.

3. In this context the Committee also notes the concerns expressed by the Czech-Moravian Confederation of Trade Unions according to which the draft Anti-Discrimination Act currently before Parliament did not provide for a strong involvement of the State in the protection against discrimination through its various inspections bodies. In the Committee’s view, it is equally important that the future legislation allows individual victims of discrimination to bring complaints and obtain redress, and that it also permits the competent bodies and institutions to address discrimination and to promote equality in a proactive and coordinated manner. The Committee requests the Government to provide information on the following:

(a)   the measures taken to make the new anti-discrimination legislation, once adopted, known among workers and employers, as well as the public officials and judges responsible for its enforcement;

(b)    the measures taken to assist victims of discrimination, particularly the Roma, in bringing complaints concerning employment discrimination;

(c)    the discrimination cases dealt with by the competent bodies, including the courts and the labour inspectorate, under the Labour Code, the Employment Act, as well as the future Anti-Discrimination Act according to the different grounds of discrimination (facts, rulings, remedies provided or sanctions imposed).

4. The situation of the Roma in employment and occupation. The Committee notes that the Government undertook in 2006 an “analysis of socially excluded Roma neighbourhoods, and of the absorption capacity of entities operating in this field”.  The results of the analysis, which confirmed the existence of social exclusion of the Roma throughout the Czech Republic, are currently under evaluation. The Committee also notes that the Government plans to create a new agency to combat social exclusion and to prepare a comprehensive programme for the integration of the Roma. While the Committee notes that the Government’s report contains an update on measures taken to promote the access of the Roma to education, the Committee regrets that no information has been provided with regard to the specific measures taken to promote the access of members of the Roma community to employment. The Committee, therefore, requests the Government to provided detailed information on the specific measures taken and results achieved in promoting equal access of Roma men and women to employment, including self-employment and employment in the public service. In this regard, the Government is requested to provide information on the relevant measures taken under the envisaged comprehensive programme for the integration of the Roma.

5. The Committee remains concerned that the absence of data on the status of the Roma in employment and occupation may be a serious obstacle to assessing their situation and the impact of the programmes and schemes implemented to improve their situation.  The Committee notes that under Act No. 101/2000 on the Protection of Personal Data, ethnic or racial origin is considered as “sensitive data” which can be collected and processed only under certain conditions, including with the consent of the individual concerned. The Government reiterates that the 2001 census data are the only official data currently available concerning the situation of the ethnic minorities, including the Roma. However, the Committee is aware that the usefulness of the 2001 census data concerning the Roma is questionable due to the significant discrepancy between the number of persons having identified themselves as Roma and the estimated size of the Roma population. The Committee requests the Government to take all measures necessary to explore options with regard to creating the conditions required for the collection of data on the situation of the Roma in employment and occupation, in accordance with the recognized principles of data protection and human rights.

6. The Committee recalls its previous comments on the need to step up efforts to combat prejudices and discrimination against the members of the Roma community and to build trust between the Roma and other parts of the society. It notes that there are a number of initiatives and projects to promote multicultural awareness and anti-racism among students and teachers. The Committee requests the Government to continue to provide such information, as well as information on the measures taken or envisaged to promote racism-free workplaces, in cooperation with workers’ and employers’ organizations.

7. Discrimination on the basis of political opinion. The Committee recalls that Act No. 451 of 1991 (Screening Act), which lays down certain political prerequisites for holding a range of jobs and occupations, mainly in the public service, had been the subject of representations under article 24 of the ILO Constitution (in November 1991 and June 1994) and the Governing Body invited the Government to repeal or modify the provisions in the Screening Act that were incompatible with the Convention. Following the rejection by Parliament of a proposal to repeal the Act in 2003, the legislation remains in force unchanged, contrary to the Convention. The Committee is concerned that despite the time that has elapsed since the Governing Body’s decision on this matter, this situation remains unresolved. In its report, the Government merely states that no changes had occurred during the reporting period. Noting from the Government’s report that new legislation regulating civil service employment is being prepared, the Committee urges the Government to ensure, in this context, that the provisions of the Screening Act that are contrary to the Convention are modified or repealed, in accordance with the Governing Body’s report.

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 very near future.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

 

Equality of opportunity of men and women in employment and occupation. The Committee notes the detailed information provided by the Government concerning the situation of women in the labour market, including statistical information. The Committee notes that the Government acknowledges that women continue to face difficulties in participating, on an equal footing with men, in employment in the various sectors and levels of responsibility. The Committee also notes the efforts by the Government to introduce measures to support reconciliation of work and family responsibilities and to encourage a better sharing of family responsibilities between men and women. According to the Government’s report, progress has been made in the civil service in achieving a better gender balance, including in leadership positions. However, in the private sector, progress is slow and uneven. In this context, the Committee recalls the 2005 comments made by the Czech-Moravian Confederation of Trade Unions with respect to the Equal Remuneration Convention, 1951 (No. 100) to the effect that individual employers should play a more active role in promoting gender equality, including through the adoption of equality plans. The Committee requests the Government to continue to provide detailed information on the following:

(a)   the measures taken to promote equality of opportunity and treatment of men and women in employment and occupation, including specific measures to eliminate the existing horizontal and vertical occupational segregation by sex and the impact of such measures;

(b)   the progress made in promoting reconciliation of work and family responsibilities, including measures to challenge stereotypical attitudes concerning the role of men and women in society that hinder the achievement of gender equality;

(c)   the measure taken to promote action for gender equality at the enterprise level, in cooperation with workers’ and employers’ organizations.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Legislative developments. The Committee notes that under section 16(1) of the new Labour Code (Act No. 262/2006), the employer is required to ensure equal treatment of employees in respect of working conditions, remuneration, vocational training and career advancement. Section 16(2) provides that all forms of discrimination in labour relations shall be prohibited. For the purposes of the new Labour Code, the definitions of the different forms of discrimination contained in the future Anti-Discrimination Act apply. According to the Government’s report, the current draft Anti-Discrimination Act will cover direct and indirect discrimination based on race, ethnic background, nationality, sex, sexual orientation, age, health impairment, religion and belief.

2. However, the Committee recalls that section 1(4) of the previous Labour Code prohibited discrimination based on sex, sexual orientation, racial or ethnic origin, nationality, citizenship, social background, family background, language, health condition, age, religion or confession, property, marital or family status, family responsibilities, political or other conviction, membership of or activity in political parties or movements, trade union or employers’ organizations. The Committee notes with concern that the new Labour Code, in conjunction with the future Anti-Discrimination Act would appear to restrict considerably the protection from discrimination in employment and occupation available under the previous Labour Code, not even providing protection from discrimination on the basis of all the grounds contained in the Convention. The Committee therefore requests the Government to ensure that the legislation continues to provide a high level of protection against discrimination in employment and occupation on all the grounds listed in the Convention, i.e. race, colour, sex, religion, political opinion, national extraction or social origin, as well as the additional grounds previously covered, and to provide information on the specific steps taken to this end.

3. In this context the Committee also notes the concerns expressed by the Czech-Moravian Confederation of Trade Unions according to which the draft Anti-Discrimination Act currently before Parliament did not provide for a strong involvement of the State in the protection against discrimination through its various inspections bodies. In the Committee’s view, it is equally important that the future legislation allows individual victims of discrimination to bring complaints and obtain redress, and that it also permits the competent bodies and institutions to address discrimination and to promote equality in a proactive and coordinated manner. The Committee requests the Government to provide information on the following:

(a)   the measures taken to make the new anti-discrimination legislation, once adopted, known among workers and employers, as well as the public officials and judges responsible for its enforcement;

(b)   the measures taken to assist victims of discrimination, particularly the Roma, in bringing complaints concerning employment discrimination;

(c)   the discrimination cases dealt with by the competent bodies, including the courts and the labour inspectorate, under the Labour Code, the Employment Act, as well as the future Anti-Discrimination Act according to the different grounds of discrimination (facts, rulings, remedies provided or sanctions imposed).

4. The situation of the Roma in employment and occupation. The Committee notes that the Government undertook in 2006 an “analysis of socially excluded Roma neighbourhoods, and of the absorption capacity of entities operating in this field”.  The results of the analysis, which confirmed the existence of social exclusion of the Roma throughout the Czech Republic, are currently under evaluation. The Committee also notes that the Government plans to create a new agency to combat social exclusion and to prepare a comprehensive programme for the integration of the Roma. While the Committee notes that the Government’s report contains an update on measures taken to promote the access of the Roma to education, the Committee regrets that no information has been provided with regard to the specific measures taken to promote the access of members of the Roma community to employment. The Committee, therefore, requests the Government to provided detailed information on the specific measures taken and results achieved in promoting equal access of Roma men and women to employment, including self-employment and employment in the public service. In this regard, the Government is requested to provide information on the relevant measures taken under the envisaged comprehensive programme for the integration of the Roma.

5. The Committee remains concerned that the absence of data on the status of the Roma in employment and occupation may be a serious obstacle to assessing their situation and the impact of the programmes and schemes implemented to improve their situation.  The Committee notes that under Act No. 101/2000 on the Protection of Personal Data, ethnic or racial origin is considered as “sensitive data” which can be collected and processed only under certain conditions, including with the consent of the individual concerned. The Government reiterates that the 2001 census data are the only official data currently available concerning the situation of the ethnic minorities, including the Roma. However, the Committee is aware that the usefulness of the 2001 census data concerning the Roma is questionable due to the significant discrepancy between the number of persons having identified themselves as Roma and the estimated size of the Roma population. The Committee requests the Government to take all measures necessary to explore options with regard to creating the conditions required for the collection of data on the situation of the Roma in employment and occupation, in accordance with the recognized principles of data protection and human rights.

6. The Committee recalls its previous comments on the need to step up efforts to combat prejudices and discrimination against the members of the Roma community and to build trust between the Roma and other parts of the society. It notes that there are a number of initiatives and projects to promote multicultural awareness and anti-racism among students and teachers. The Committee requests the Government to continue to provide such information, as well as information on the measures taken or envisaged to promote racism-free workplaces, in cooperation with workers’ and employers’ organizations.

7. Discrimination on the basis of political opinion. The Committee recalls that Act No. 451 of 1991 (Screening Act), which lays down certain political prerequisites for holding a range of jobs and occupations, mainly in the public service, had been the subject of representations under article 24 of the ILO Constitution (in November 1991 and June 1994) and the Governing Body invited the Government to repeal or modify the provisions in the Screening Act that were incompatible with the Convention. Following the rejection by Parliament of a proposal to repeal the Act in 2003, the legislation remains in force unchanged, contrary to the Convention. The Committee is concerned that despite the time that has elapsed since the Governing Body’s decision on this matter, this situation remains unresolved. In its report, the Government merely states that no changes had occurred during the reporting period. Noting from the Government’s report that new legislation regulating civil service employment is being prepared, the Committee urges the Government to ensure, in this context, that the provisions of the Screening Act that are contrary to the Convention are modified or repealed, in accordance with the Governing Body’s report.

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

[The Government is asked to supply full particulars to the Conference at its 97th Session and to report in detail in 2008.]

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

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.

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

1. Discrimination on the basis of race and national extraction. The Committee notes the information provided by the Government on the different measures taken to implement its policies aimed at the integration of the Roma community, particularly through achieving better levels of education and vocational qualifications. The Committee notes, for instance, the programme to support Roma students in secondary schools through which financial assistance was provided to some 8,000 students between 2000 and 2004. Programmes have also been carried out to train members of the Roma community to enable them to have greater access to employment in the state administration. Under the framework of the European EQUAL initiative, some projects focused on racial discrimination and awareness raising on minority issues in a multicultural society. The Committee also notes that a draft Anti-Discrimination Act is currently pending in Parliament which will reflect the requirements of the European Union directives on discrimination, including on the basis of race and ethnicity. Recalling its previous observations concerning the need to assess the impact of the measures taken on the actual situation of members of the Roma community in education and employment, the Committee notes the Government’s statement that a major problem in the evaluation of governmental action taken was the absence of statistical data. The current legal situation did not allow the collection of data concerning the ethnicity of students. Further, the labour offices, at the request of Roma representatives, no longer registered the ethnic origin of jobseekers, which was done previously on a voluntary basis. However, the Government states that depending on the region concerned, between 30 and 70 per cent of the persons registered by the labour offices as "persons with job placement difficulties" are Roma. The Committee is concerned that only a small part of the Roma community wished to reveal their ethnic origin in the 2001 census, as this may be an indication of continuing mistrust between the different parts of the population and of intolerance and discrimination still experienced by the Roma.

2. The Committee urges the Government to put in place and apply appropriate methods to assess the progress made in the realization of objectives and targets set concerning the social integration of the Roma, and to supply to the Committee any results of such assessments. In addition, the Government is requested to: (1) continue to provide detailed information on the specific measures taken to promote access of members of the Roma community to education, training and employment, including in public works schemes and self-employment; (2) provide information on the implementation of programmes targeting "persons with job placement difficulties", including the number of enterprises that have received tax deductions or direct payments in return for employing such persons; (3) step up its efforts to combat prejudices and discrimination against members of the Roma community and to build trust between the Roma and other parts of society, in collaboration with workers’ and employers’ organizations and Roma representatives, and to provide information on the specific action taken in this area; and (4) to provide detailed information on any cases or situations involving instances or allegations of ethnic discrimination in employment or occupation dealt with by the competent authorities, including the labour inspectorate and the courts.

3. Discrimination on the basis of political opinion. The Committee recalls that Act No. 451 of 1991 (Screening Act), which lays down certain political prerequisites for holding a range of jobs and occupations, mainly in the public service, had been subject to representations under article 24 of the ILO Constitution (in November 1991 and June 1994) and the Governing Body committees deciding on the matter invited the Government to repeal or modify the provisions in the Screening Act that were incompatible with the Convention. In its previous observation, the Committee noted that Parliament had extended the Act, despite the dissent of the Government and its efforts to avoid such action. While the Government previously stated that the Civil Service Act of 2002 was intended to replace the Screening Act, the Committee notes from the Government’s report that Parliament declined to repeal the Screening Act when adopting the Civil Service Act, and another proposal for repeal was rejected by Parliament in 2003. The Committee requests the Government to continue to provide information on the status and application of the Screening Act.

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

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

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

The Committee notes the detailed information in the Government’s report as well as the Government’s reply to the comments made by the International Confederation of Free Trade Unions (ICFTU) in 2001 concerning discrimination on the grounds of sex, national extraction and political opinion.

2. Discrimination on the basis of political opinion. In its previous observations, the Committee took note of the detailed information provided by the Government on the application of Act No. 451 of 1991 (Screening Act) laying down certain political prerequisites for holding a range of jobs and occupations mainly in the public service. The Act had been subject to representations under article 24 of the ILO Constitution (in November 1991 and June 1994) and the Governing Body committees deciding on the matter invited the Government to repeal or modify the provisions in the Screening Act that were incompatible with the Convention. In this regard, the Committee notes the statement by the ICFTU that the Screening Act is intended to exclude those individuals with non-democratic views and excessive ties to the communist regime from senior posts in public office and the private sector. The ICFTU further states that Parliament outvoted the veto of the President to renew the law, and that, therefore, the law remained in force. In its reply, the Government indicates that the intention was not to extend the Screening Act after the year 2000, but that several Members of Parliament proposed its extension. The Government further states that it adopted resolution No. 435 of 3 May 2000 by which it manifested its disfavour in regard of such a proposal as an unjustifiable extension of an extraordinary act, which it felt had become obsolete. It also drew attention to the unfavourable positions of some international organizations, including the ILO, on this matter. However, Parliament extended the Act, despite the dissent of the Government and its effort to avoid such action. The Committee notes these explanations made by Government. Noting also the Government’s statement that the new Civil Service Act of 2002 will replace the Screening Act when it enters into force, the Committee requests the Government to continue to provide information on the status and application of the Screening Act.

4. Discrimination on the basis of race and national extraction. In its previous observations, the Committee had noted the series of measures taken and programmes developed by the Government to address discrimination against members of the Roma community and to address their employment and education needs. However, the Committee had also noted the information contained in the report of the Special Rapporteur on Contemporary Forms of Racism, Racial Discrimination, Xenophobia and Related Intolerance (E/CN.4/2000/16/Add.1, 19-30 September 1999) pointing out that the Roma continued to be victims of intolerance and discrimination, particularly regarding employment, housing, education and access to public places. The report indicated that some employers considered them to be "lazy" or "irregular in their jobs", so that even when they had the necessary qualifications, they are not hired. Statistics compiled by the Council of Nationalities indicated that 70 per cent of the Roma were unemployed and this figure was as high as 90 per cent in certain areas, while the general unemployment rate is 5 per cent. The Special Rapporteur also questioned the practice of relegating Roma children to "special" schools as a result of which studies at secondary-school level or in regular apprenticeship are made impossible for Roma children. The report concluded that the lack of qualifications amongst adult Roma was one of the main reasons for their difficulties finding jobs, their dependence on social benefits, and the general marginalization of the entire Roma community.

5. In its communication, the ICFTU states that the Roma continue to be victims of widespread social discrimination, including discrimination in employment, and that according to ILO estimates the unemployment rate of Roma is three times the national average. It also states that the main reason for this unemployment is lack of suitable skills as a result of incompatibility of many Roma schools with the national curriculum and difficulties in progressing in secondary and higher education. Further, according to ICFTU, employers request local labour offices not to send Roma applicants for advertised positions and individual Roma are not able to file grievances concerning discrimination, which must instead be lodged by the State.

6. The Committee notes the Government’s reply that the unemployment of the members of the Roma is rather high but that open discrimination is not always the cause of their difficult access to the labour market because Roma are generally characterized as low-skilled or unskilled workers and mostly fall into the group of "hardly employable workers". The Government indicates that resolution No. 640 of 23 June 1999 on measures of promoting the employability of persons hardly employable in the labour market (with emphasis on the Roma community) provides for creating wide conceptual vocational training programmes (CHANCE programme). The Government also indicates that the labour offices give financial compensation to those employers who provide employment to hardly employable workers, especially for public works. Further, with respect to employment promotion, the Government refers to the creation of the ministerial committee for employment for hardly employable citizens and to measures taken to improve the employment of the Roma through the projects carried out under the National PHARE Programme funded by the European Union (EU) and the "EQUAL" initiative of the EU to overcome racism and xenophobia in the labour market. The Committee also notes the detailed information supplied in the Government’s report on a series of other measures that have been taken to improve access to basic and higher education for children and youth belonging to the Roma community, including Act No. 19/2000 amending the School Act and allowing persons to be enrolled for high school even if they did not finish basic school.

7. The Committee recalls that in its previous observation, it had urged the Government to take measures to improve significantly the Roma’s access to training, education on the same basis as others, as well as to employment and occupation, and to take steps to raise public awareness of the issue of racism in order to promote tolerance, respect and understanding between the Roma community and others in society. It also hoped that the Government would be able to report progress in positively addressing the serious problems facing Roma in the labour market and in society in general. While being grateful for the information supplied by the Government, the Committee notes that the Government’s report does not provide any practical information on the actual impact of the abovementioned measures to improve the situation of the Roma in the labour market. It also notes with some concern the Government’s statement that there is no discrimination in the area of special education (including vocational training) based on race, colour, nationality, ethnicity or social origin and that clients, especially Roma, do not make sufficient and responsible use of professional offers; the situation needs to be remedied by awareness raising and a suitable social security system. The Committee has to point out that without any practical information, including statistical data, on the impact of the measures referred to by the Government on the educational and employment opportunities of the Roma community, it is unable to assess fully the progress made by the Government to address positively the problems facing Roma in the labour market and in society. Recalling also the importance of translating educational opportunities into real employment possibilities, it urges the Government to provide, in its next report, statistical information on the number of Roma people that have been effectively employed as a result of the abovementioned initiatives, on the number of employers that have received financial compensation for employing Roma and on the measures taken to address in an effective manner the serious prejudices amongst employers to hire members of the Roma community. The Committee also requests the Government to indicate how it intends to assist Roma people who wish to file grievances concerning alleged discrimination by labour offices and employers.

8. Discrimination on the basis of sex. In its report, the ICFTU states that salaries of women are approximately 30 per cent lower than men and that women are disproportionately over-represented in lower remunerated jobs and under-represented in senior positions. It also states that while the labour law prohibits sexual harassment, inquiries show that about half of the working women have reported sexual harassment in the workplace. The Committee notes that section 7(2) of the Labour Code governs employees’ claims in cases of undesirable behaviour of a sexual nature (sexual harassment) at the workplace if such conduct is unwelcome, unsuitable or insulting, or if it can justifiably be perceived by the participant concerned as a condition for decisions affecting the exercise of rights and obligations ensuing from labour relations. It also understands that a similar section has been introduced in section 80(3) of the Civil Service Act of 2002. Noting that the Government omits to reply to the ICFTU’s concerns with respect to sexual harassment at work, the Committee asks the Government to provide information on any sexual harassment cases submitted to court on violations of section 7(2) of the Labour Code and to provide information on the measures taken or envisaged, including legislative action, information campaigns and any other measures to sensitize and encourage workers’ and employers’ organizations to combat sexual harassment at work. With respect to the issue of equal remuneration between men and women, the Committee refers to its comments under Convention No. 100.

9. The Committee notes the information supplied by the Government on the various measures taken to promote equality between men and women in employment, awareness raising, improving legal protection and gender mainstreaming, the introduction of positive measures and national mechanisms for promoting equality between men and women. However, the Committee is obliged to reiterate it previous requests to provide information on the practical impact, including statistics, of these measures taken to promote equality between women and men in employment and occupation and to raise awareness of girls and young women about employment and training opportunities available to them beyond those considered "typically female" occupations.

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

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

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

1. Further to its observation, the Committee notes the Government’s statement that the adoption of a special Act on equal opportunities for men and women is under consideration. Hoping that the new Act will include provisions ensuring equal treatment between men and women in employment and occupation, including a provision prohibiting sexual harassment at the workplace, it requests the Government to keep it informed of any developments in this regard.

2. The Committee notes the Government’s statement that the observance of non-discrimination based on sex is an integral part of the inspection activities but that controls in this area are less frequent and that they have almost exclusively targeted discrimination in advertising. The Committee requests the Government to indicate the measures taken to enable the labour inspection services to adequately monitor, detect and address discrimination on the basis of sex in employment and occupation, including cases of sexual harassment.

3. The Committee understands from a preliminary examination of the Civil Service Act of 2002 that for those posts that require handling of confidential information, section 30(1) provides that a candidate cannot be nominated if reasonable doubt exists that the person will not be able to perform his or her services in compliance with the democratic principles of the Constitutional Order of the Czech Republic. While considering that the new provisions of the Civil Service Act, when read in conjunction with the anti-discrimination provision embedded in section 80(2) of the Act, are an improvement compared to the previous situation, the Committee would like to be reassured that the practical application of section 30(1) will not result in discrimination on the basis of political opinion. It also asks the Government to provide statistics on any unfavourable decisions taken on the basis of this provision and to indicate the procedure allowing candidates that have been excluded from the civil service posts on this basis to appeal to the courts and ask for review. Awaiting further translation of the Civil Service Act, the Committee will examine the conformity of the Act with the Convention at its next session.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the detailed information in the Government’s report as well as the Government’s reply to the comments made by the International Confederation of Free Trade Unions (ICFTU) in 2001 concerning discrimination on the grounds of sex, national extraction and political opinion.

1. The Committee notes with interest the adoption of Act No. 218/2002 of 26 April 2002 (Civil Service Act) and Act No. 115/2000 amending Act No. 65/2000 (Labour Code) and strengthening provisions concerning equal treatment and protection against direct and indirect discrimination and sexual harassment as well as provisions concerning parental leave and equal treatment of men and women with respect to employees caring for children. The Committee also notes with interest that section 133a of Act No. 99/163 on civil procedure shifts the burden of proof in sex discrimination cases. It trusts that the Government will provide information on the practical application and enforcement of the relevant provisions of the Labour Code and the Civil Service Act, including statistical data of cases involving discrimination in employment and occupation in the private or the public sectors. In this connection, the Committee reiterates its previous request to provide information on the practical application of section 1 of amended Act No. 167/1999 on employment.

2. Discrimination on the basis of political opinion. In its previous observations, the Committee took note of the detailed information provided by the Government on the application of Act No. 451 of 1991 (Screening Act) laying down certain political prerequisites for holding a range of jobs and occupations mainly in the public service. The Act had been subject to representations under article 24 of the ILO Constitution (in November 1991 and June 1994) and the Governing Body committees deciding on the matter invited the Government to repeal or modify the provisions in the Screening Act that were incompatible with the Convention. In this regard, the Committee notes the statement by the ICFTU that the Screening Act is intended to exclude those individuals with non-democratic views and excessive ties to the communist regime from senior posts in public office and the private sector. The ICFTU further states that Parliament outvoted the veto of the President to renew the law, and that, therefore, the law remained in force. In its reply, the Government indicates that the intention was not to extend the Screening Act after the year 2000, but that several Members of Parliament proposed its extension. The Government further states that it adopted Resolution No. 435 of 3 May 2000 by which it manifested its disfavour in regard of such a proposal as an unjustifiable extension of an extraordinary act, which it felt had become obsolete. It also drew attention to the unfavourable positions of some international organizations, including the ILO, on this matter. However, Parliament extended the Act, despite the dissent of the Government and its effort to avoid such action. The Committee notes these explanations made by Government. Noting also the Government’s statement that the new Civil Service Act of 2002 will replace the Screening Act when it enters into force, the Committee requests the Government to continue to provide information on the status and application of the Screening Act.

3. With respect to the criteria for selection for positions of teachers in public institutions of higher education established under the new Act No. 111/1998 on Higher Education, the Committee notes with satisfaction that the new Act has no further provisions on the competition procedure for such positions and that the only condition is that the announcement of the competition has to be made at least 30 days before the term for applications ends.

4. Discrimination on the basis of race and national extraction. In its previous observations, the Committee had noted the series of measures taken and programmes developed by the Government to address discrimination against members of the Roma community and to address their employment and education needs. However, the Committee had also noted the information contained in the report of the Special Rapporteur on Contemporary Forms of Racism, Racial Discrimination, Xenophobia and Related Intolerance (E/CN.4/2000/16/Add.1, 19-30 September 1999) pointing out that the Roma continued to be victims of intolerance and discrimination, particularly regarding employment, housing, education and access to public places. The report indicated that some employers considered them to be "lazy" or "irregular in their jobs", so that even when they had the necessary qualifications, they are not hired. Statistics compiled by the Council of Nationalities indicated that 70 per cent of the Roma were unemployed and this figure was as high as 90 per cent in certain areas, while the general unemployment rate is 5 per cent. The Special Rapporteur also questioned the practice of relegating Roma children to "special" schools as a result of which studies at secondary-school level or in regular apprenticeship are made impossible for Roma children. The report concluded that the lack of qualifications amongst adult Roma was one of the main reasons for their difficulties finding jobs, their dependence on social benefits, and the general marginalization of the entire Roma community.

5. In its communication, the ICFTU states that the Roma continue to be victims of widespread social discrimination, including discrimination in employment, and that according to ILO estimates the unemployment rate of Roma is three times the national average. It also states that the main reason for this unemployment is lack of suitable skills as a result of incompatibility of many Roma schools with the national curriculum and difficulties in progressing in secondary and higher education. Further, according to ICFTU, employers request local labour offices not to send Roma applicants for advertised positions and individual Roma are not able to file grievances concerning discrimination, which must instead be lodged by the State.

6. The Committee notes the Government’s reply that the unemployment of the members of the Roma is rather high but that open discrimination is not always the cause of their difficult access to the labour market because Roma are generally characterized as low-skilled or unskilled workers and mostly fall into the group of "hardly employable workers". The Government indicates that resolution No. 640 of 23 June 1999 on measures of promoting the employability of persons hardly employable in the labour market (with emphasis on the Roma community) provides for creating wide conceptual vocational training programmes (CHANCE programme). The Government also indicates that the labour offices give financial compensation to those employers who provide employment to hardly employable workers, especially for public works. Further, with respect to employment promotion, the Government refers to the creation of the ministerial committee for employment for hardly employable citizens and to measures taken to improve the employment of the Roma through the projects carried out under the National PHARE Programme funded by the European Union (EU) and the "EQUAL" initiative of the EU to overcome racism and xenophobia in the labour market. The Committee also notes the detailed information supplied in the Government’s report on a series of other measures that have been taken to improve access to basic and higher education for children and youth belonging to the Roma community, including Act No. 19/2000 amending the School Act and allowing persons to be enrolled for high school even if they did not finish basic school.

7. The Committee recalls that in its previous observation, it had urged the Government to take measures to improve significantly the Roma’s access to training, education on the same basis as others, as well as to employment and occupation, and to take steps to raise public awareness of the issue of racism in order to promote tolerance, respect and understanding between the Roma community and others in society. It also hoped that the Government would be able to report progress in positively addressing the serious problems facing Roma in the labour market and in society in general. While being grateful for the information supplied by the Government, the Committee notes that the Government’s report does not provide any practical information on the actual impact of the abovementioned measures to improve the situation of the Roma in the labour market. It also notes with some concern the Government’s statement that there is no discrimination in the area of special education (including vocational training) based on race, colour, nationality, ethnicity or social origin and that clients, especially Roma, do not make sufficient and responsible use of professional offers; the situation needs to be remedied by awareness raising and a suitable social security system. The Committee has to point out that without any practical information, including statistical data, on the impact of the measures referred to by the Government on the educational and employment opportunities of the Roma community, it is unable to assess fully the progress made by the Government to address positively the problems facing Roma in the labour market and in society. Recalling also the importance of translating educational opportunities into real employment possibilities, it urges the Government to provide, in its next report, statistical information on the number of Roma people that have been effectively employed as a result of the abovementioned initiatives, on the number of employers that have received financial compensation for employing Roma and on the measures taken to address in an effective manner the serious prejudices amongst employers to hire members of the Roma community. The Committee also requests the Government to indicate how it intends to assist Roma people who wish to file grievances concerning alleged discrimination by labour offices and employers.

8. Discrimination on the basis of sex. In its report, the ICFTU states that salaries of women are approximately 30 per cent lower than men and that women are disproportionately over-represented in lower remunerated jobs and under-represented in senior positions. It also states that while the labour law prohibits sexual harassment, inquiries show that about half of the working women have reported sexual harassment in the workplace. The Committee notes that section 7(2) of the Labour Code governs employees’ claims in cases of undesirable behaviour of a sexual nature (sexual harassment) at the workplace if such conduct is unwelcome, unsuitable or insulting, or if it can justifiably be perceived by the participant concerned as a condition for decisions affecting the exercise of rights and obligations ensuing from labour relations. It also understands that a similar section has been introduced in section 80(3) of the Civil Service Act of 2002. Noting that the Government omits to reply to the ICFTU’s concerns with respect to sexual harassment at work, the Committee asks the Government to provide information on any sexual harassment cases submitted to court on violations of section 7(2) of the Labour Code and to provide information on the measures taken or envisaged, including legislative action, information campaigns and any other measures to sensitize and encourage workers’ and employers’ organizations to combat sexual harassment at work. With respect to the issue of equal remuneration between men and women, the Committee refers to its comments under Convention No. 100.

9. The Committee notes the information supplied by the Government on the various measures taken to promote equality between men and women in employment, awareness raising, improving legal protection and gender mainstreaming, the introduction of positive measures and national mechanisms for promoting equality between men and women. However, the Committee is obliged to reiterate it previous requests to provide information on the practical impact, including statistics, of these measures taken to promote equality between women and men in employment and occupation and to raise awareness of girls and young women about employment and training opportunities available to them beyond those considered "typically female" occupations.

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

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the comments of the International Confederation of Free Trade Unions (ICFTU) received on 8 October 2001, which contain information concerning discrimination on the grounds of sex, national extraction and political opinion. The comments have been forwarded to the Government and the Committee will address them, together with any comments the Government may wish to make thereon, at its next session.

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

1. Discrimination on the basis of political opinion. The Committee takes note of the detailed information contained in the Government’s report concerning the application of Act No. 451 of 1991 (Screening Act) laying down certain political prerequisites for holding a range of jobs and occupations mainly in public institutions but also in the private sector. This Act was the subject of representations under article 24 of the ILO Constitution on two separate occasions (November 1991 and June 1994). In the decisions of these Governing Body committees, the Government was invited to repeal or modify the provisions in the Screening Act that were incompatible with the Convention. In this regard, the Committee recalls that the level of a certain post within a public or private organization may not be determinative as to whether political criteria can be applied in filling it and that what is required is a careful and objective consideration of the inherent requirements of a job on a case-by-case basis. It also recalls that the exclusions imposed on persons for past activities should be proportional to the inherent requirements of a particular job.

2. In its report, the Government indicates that from the date the Act entered into force in 1991, 366,000 certificates were issued by the Minister of the Interior of which only 302 were unfavourable for the individuals concerned. In the year 1999, the Ministry of the Interior issued approximately 6,000 certificates of which 1.4 per cent were unfavourable. Persons who obtain an unfavourable screening certificate can appeal to a court of law and ask for review. In this respect, the Committee notes from the Government’s report that no statistics are available on how many individuals appealed to the courts seeking a review of unfavourable screening certificates. It notes that the Government reiterates its intention not to extend the validity of the Act beyond 31 December 2000. It further notes that new legislation concerning the status of employees in the state administration is under preparation. The Committee requests the Government to confirm that the Screening Act has not been extended and it hopes that the new legislation envisaged will not contain provisions incompatible with the Convention.

3. Discrimination on the basis of other grounds. The Committee notes with interest that Act No. 167/1999 amended Act No. 1/1991 on employment, and that a new section 1 was introduced, which stipulates as prohibited grounds of discrimination in employment, race, colour, sex, sexual orientation, language, creed and religion, political and other opinion, membership and/or activities in political parties or political movements, national extraction, health condition, age, marital or family status or family responsibilities, except in cases where the law so provides or where there is a valid ground, vital for the performance of the job, inherent in prerequisites, requirements and nature of the job to be performed by the citizen concerned. The Government indicates that by moving the prohibition of discrimination from the preamble to section 1, it would be easier to enforce these provisions and to impose penalties in cases of its violation by employers. The Committee trusts that the Government will indicate the measures taken to ensure its application in practice, including statistical data of cases involving discrimination in employment and occupation.

4. The Committee notes that new institutions have been created including a Council for Human Rights, with a section for combating racism, and an Inter-ministerial Commission for Romany Affairs. The Committee takes note of the information supplied by the Government that a significant change in the state employment policy has taken place with the adoption of the National Employment Plan in May 1999, which will improve chances of job applicants belonging to vulnerable groups, including Roma job applicants. The Government indicates that it has taken a series of measures on the basis of this Plan, including employment promotion among the long-term unemployed, with emphasis on members of the Roma community and strengthening of legal and institutional tools and machinery designed to combat discriminatory practices in the labour market. The Committee also notes that a special committee was established in 1998 within the Ministry of Labour and Social Affairs to deal specifically with the problems of the Roma community and to improve their situation in the labour market. This committee involves representatives from other ministries as well as Roma employers and associations and concentrates on education, employability and employment. Different measures to promote employment and projects aimed at increasing Roma employment are mentioned in the Government’s report, in particular a specialized training programme for social workers that trained 34 unemployed Roma. The Committee also notes the information supplied by the Government regarding the different educational programmes and measures implemented to address the educational needs of Roma children. These programmes include the opening of a secondary school for Roma children where 50 of them are enrolled; assistance to integrate Roma school leavers into social life; measures to train young Romas in different occupations or to continue their general education and integration; hiring Roma educational assistants to participate in language teaching and resocialization activities.

5. The Committee also notes the information contained in the report of the Special Rapporteur on Contemporary Forms of Racism, Racial Discrimination, Xenophobia and Related Intolerance (19-30 September 1999), submitted pursuant to the Commission on Human Rights resolution 1998/26 (E/CN.4/2000/16/Add.1). The document points out that both Czech authorities and representatives of non-governmental organizations and Roma community associations admit that the Roma continue to be victims of intolerance and discrimination, particularly regarding employment, housing, education and access to public places. Some employers consider them to be "lazy" or "irregular in their jobs", so that even when they have the necessary qualifications, they are not hired. Statistics compiled by the Council of Nationalities indicates that 70 per cent of the Roma are unemployed and this figure is as high as 90 per cent in certain areas, while the general unemployment rate is 5 per cent. Regarding education, the Special Rapporteur indicates that the educational system tends to relegate Roma children to "special" schools, considered by some to be institutions for the mentally handicapped or for children suffering from what is regarded as asocial behaviour. The Government estimates that 70 to 80 per cent of Roma children attend institutions of this type. As a result, a large number of Roma children leave school without the necessary primary education since special schools are not considered complete primary schools. Uncompleted primary schooling makes studies at secondary school level or in regular apprenticeship impossible. The lack of qualifications among adult Roma is one of the main reasons for their difficulties finding jobs, their dependence on social benefits, and the general marginalization of the entire Roma community.

6. The Committee stresses that the elimination of discrimination in employment and occupation, on all grounds, including national extraction, is critical to sustainable development, all the more so because of the re-emergence of signs of intolerance and racism in some countries. The Committee urges the Government to take measures to improve significantly the Roma’s access to training, education on the same basis as others, as well as to employment and occupation, and to take steps to raise public awareness of the issue of racism in order to promote tolerance, respect and understanding between the Roma community and others in society. It hopes the Government will be able to report progress in positively addressing the serious problems facing Romas in the labour market and in society in general.

7. With reference to its previous comments concerning Act No. 216 of 10 July 1993, which amended the 1990 Higher Education Act, and required the holding of competitions for all jobs of higher education teachers, scientific workers and managers of educational and scientific higher education establishments, the Committee notes from the Government’s report that this Act has been abolished and replaced by a new Act on higher education. The Committee however notes that the new Act, under section 77, provides that positions of teachers in public institutions of higher education are to be filled by competition. The Committee asks the Government to indicate whether the new competition procedure has eliminated political opinion as an element to consider in the selection of candidates.

8. Further to previous comments, the Committee requests the Government to provide information on the practical impact of the measures taken to promote equality between women and men in employment and occupation and to raise awareness of girls and young women about employment and training opportunities available to them beyond those considered "typically female" occupations.

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

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

1.  Discrimination on the basis of political opinion.  The Committee takes note of the detailed information contained in the Government’s report concerning the application of Act No. 451 of 1991 (Screening Act) laying down certain political prerequisites for holding a range of jobs and occupations mainly in public institutions but also in the private sector. This Act was the subject of representations under article 24 of the ILO Constitution on two separate occasions (November 1991 and June 1994). In the decisions of these Governing Body committees, the Government was invited to repeal or modify the provisions in the Screening Act that were incompatible with the Convention. In this regard, the Committee recalls that the level of a certain post within a public or private organization may not be determinative as to whether political criteria can be applied in filling it and that what is required is a careful and objective consideration of the inherent requirements of a job on a case-by-case basis. It also recalls that the exclusions imposed on persons for past activities should be proportional to the inherent requirements of a particular job.

2.  In its report, the Government indicates that from the date the Act entered into force in 1991, 366,000 certificates were issued by the Minister of the Interior of which only 302 were unfavourable for the individuals concerned. In the year 1999, the Ministry of the Interior issued approximately 6,000 certificates of which 1.4 per cent were unfavourable. Persons who obtain an unfavourable screening certificate can appeal to a court of law and ask for review. In this respect, the Committee notes from the Government’s report that no statistics are available on how many individuals appealed to the courts seeking a review of unfavourable screening certificates. It notes that the Government reiterates its intention not to extend the validity of the Act beyond 31 December 2000. It further notes that new legislation concerning the status of employees in the state administration is under preparation. The Committee requests the Government to confirm that the Screening Act has not been extended and it hopes that the new legislation envisaged will not contain provisions incompatible with the Convention.

3.  Discrimination on the basis of other grounds.  The Committee notes with interest that Act No. 167/1999 amended Act No. 1/1991 on employment, and that a new section 1 was introduced, which stipulates as prohibited grounds of discrimination in employment, race, colour, sex, sexual orientation, language, creed and religion, political and other opinion, membership and/or activities in political parties or political movements, national extraction, health condition, age, marital or family status or family responsibilities, except in cases where the law so provides or where there is a valid ground, vital for the performance of the job, inherent in prerequisites, requirements and nature of the job to be performed by the citizen concerned. The Government indicates that by moving the prohibition of discrimination from the preamble to section 1, it would be easier to enforce these provisions and to impose penalties in cases of its violation by employers. The Committee trusts that the Government will indicate the measures taken to ensure its application in practice, including statistical data of cases involving discrimination in employment and occupation.

4.  The Committee notes that new institutions have been created including a Council for Human Rights, with a section for combating racism, and an Inter‑ministerial Commission for Romany Affairs. The Committee takes note of the information supplied by the Government that a significant change in the state employment policy has taken place with the adoption of the National Employment Plan in May 1999, which will improve chances of job applicants belonging to vulnerable groups, including Roma job applicants. The Government indicates that it has taken a series of measures on the basis of this Plan, including employment promotion among the long-term unemployed, with emphasis on members of the Roma community and strengthening of legal and institutional tools and machinery designed to combat discriminatory practices in the labour market. The Committee also notes that a special committee was established in 1998 within the Ministry of Labour and Social Affairs to deal specifically with the problems of the Roma community and to improve their situation in the labour market. This committee involves representatives from other ministries as well as Roma employers and associations and concentrates on education, employability and employment. Different measures to promote employment and projects aimed at increasing Roma employment are mentioned in the Government’s report, in particular a specialized training programme for social workers that trained 34 unemployed Roma. The Committee also notes the information supplied by the Government regarding the different educational programmes and measures implemented to address the educational needs of Roma children. These programmes include the opening of a secondary school for Roma children where 50 of them are enrolled; assistance to integrate Roma school leavers into social life; measures to train young Romas in different occupations or to continue their general education and integration; hiring Roma educational assistants to participate in language teaching and resocialization activities.

5.  The Committee also notes the information contained in the report of the Special Rapporteur on Contemporary Forms of Racism, Racial Discrimination, Xenophobia and Related Intolerance (19-30 September 1999), submitted pursuant to the Commission on Human Rights resolution 1998/26 (E/CN.4/2000/16/Add.1). The document points out that both Czech authorities and representatives of non-governmental organizations and Roma community associations admit that the Roma continue to be victims of intolerance and discrimination, particularly regarding employment, housing, education and access to public places. Some employers consider them to be "lazy" or "irregular in their jobs", so that even when they have the necessary qualifications, they are not hired. Statistics compiled by the Council of Nationalities indicates that 70 per cent of the Roma are unemployed and this figure is as high as 90 per cent in certain areas, while the general unemployment rate is 5 per cent. Regarding education, the Special Rapporteur indicates that the educational system tends to relegate Roma children to "special" schools, considered by some to be institutions for the mentally handicapped or for children suffering from what is regarded as asocial behaviour. The Government estimates that 70 to 80 percent of Roma children attend institutions of this type. As a result, a large number of Roma children leave school without the necessary primary education since special schools are not considered complete primary schools. Uncompleted primary schooling makes studies at secondary school level or in regular apprenticeship impossible. The lack of qualifications among adult Roma is one of the main reasons for their difficulties finding jobs, their dependence on social benefits, and the general marginalization of the entire Roma community.

6.  The Committee stresses that the elimination of discrimination in employment and occupation, on all grounds, including national extraction, is critical to sustainable development, all the more so because of the re-emergence of signs of intolerance and racism in some countries. The Committee urges the Government to take measures to improve significantly the Roma’s access to training, education on the same basis as others, as well as to employment and occupation, and to take steps to raise public awareness of the issue of racism in order to promote tolerance, respect and understanding between the Roma community and others in society. It hopes the Government will be able to report progress in positively addressing the serious problems facing Romas in the labour market and in society in general.

7.  With reference to its previous comments concerning Act No. 216 of 10 July 1993, which amended the 1990 Higher Education Act, and required the holding of competitions for all jobs of higher education teachers, scientific workers and managers of educational and scientific higher education establishments, the Committee notes from the Government’s report that this Act has been abolished and replaced by a new Act on higher education. The Committee however notes that the new Act, under section 77, provides that positions of teachers in public institutions of higher education are to be filled by competition. The Committee asks the Government to indicate whether the new competition procedure has eliminated political opinion as an element to consider in the selection of candidates.

8.  Further to previous comments, the Committee requests the Government to provide information on the practical impact of the measures taken to promote equality between women and men in employment and occupation and to raise awareness of girls and young women about employment and training opportunities available to them beyond those considered "typically female" occupations.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

1. The Committee notes the information provided on the educational and occupational position of men and women on the labour market. In this respect, the Committee notes that the number of female job applicants with basic education ranges between approximately 50 and 60 per cent of the total number of applicants in this category. Female job applicants with secondary education, constitute approximately 55 to 80 per cent of the total number of applicants having a secondary education. The Committee requests the Government to provide information on whether any studies are being carried out into the causes of these differences, as well as on measures undertaken or envisaged to expand employment opportunities. With reference to its previous comments, the Committee again asks the Government to provide, with its next report, information on whether any studies are being carried out to sensitize girls, young women and the public at large about the range of training courses and employment opportunities available to them beyond "typically female" work.

2. Further to its observation, the Committee notes the Government's indication that the share of Romanies in long-term unemployment is three times higher than that of other groups (44 per cent as opposed to 14 per cent). It notes from a report attached to the Government's report that the disadvantages faced by Romanies in the labour market are manifold, and include low skill levels; negative work attitudes and lack of discipline; lack of adequate vacancies and openings to match their skill levels; participation in illegal activities, low levels of social adaptability (due to a specific culture which takes a negative approach towards traditional European values); and greater than average health problems (frequently caused by an unhealthy lifestyle and poor hygiene). It also notes the Government's statement that certain factors tend to perpetrate the Romanies' disadvantaged position in the labour market. For example, the level of social benefits (the level of wages which could be obtained in unskilled jobs is barely higher than the social benefits to which multi-member Romany families are entitled in the event of unemployment); participation in unlawful activities; inadequate education of young Romanies (the system does not allow for traditional Romany values which, together with the general attitudes of Romanies towards education, leads to their segregation rather than integration); concentration of Romanies into separate communities, districts and "ghettos"; their concentration into regions where an intensive structural adaptation is in progress, during the course of which unskilled workers tend to lose their jobs; the role played by Romany entrepreneurs who mostly refuse to employ their compatriots; and inadequate role and activities of Romany initiatives. The Government perceives the need to find solutions to this problem, but must respect public opinion under which the majority of the population tends to regard government policies toward Romanies as providing preferential treatment and typically oppose such policies.

3. The Committee notes that the Government has implemented certain measures in an effort to ameliorate the employment situation of Romanies, such as the "MOST" programme aimed at bridging the transition from school to work and from unemployment to training, where Romany participants represent nearly 40 per cent of the participants, the Romstart 95 programme which aims to improve the motivation of jobseekers through training in employable skills, and the participation of 18 Romanies in a training course entitled "Social workers for the communication with the Romany population", which aims to train participants to take up positions as communication officers in communal social departments. In addition, Romanies benefit from more general measures implemented by the Government to assist what the Government calls socially less adaptable groups of jobseekers, including the appointment of specific officials in employment services that assist such jobseekers, as well as a number of activities, such as training, providing jobs on a trial basis and enhancing the skills of the long-term unemployed, financed by The Promotion of Active Labour Market Initiative Fund, aimed at promoting the willingness of employers to hire persons that have specific problems in finding employment and increasing the motivation of this group of persons to actively seek employment. The Government indicates that, so far, the results of these initiatives have been mixed. Nevertheless, it intends, based on the lessons learned from these activities, to continue its efforts to ensure the realization of its long-term goal of integration of the Romanies into society and to improve communication between the two communities. Further to the information requested in its observation, the Committee requests the Government to provide information on measures taken or envisaged to ensure the realization of this goal as well as to provide statistics on the demographic, employment and educational position of the Romanies in the Czech Republic.

4. The Committee also requests the Government to provide information on the effects the application of the Citizenship Act of 1992 has had on minority groups in the country and to what extent those effects have impacted negatively on the access or retention of employment of members of minority groups.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

1. Discrimination on the basis of political opinion. The Committee notes the information contained in the Government's report concerning the application of Act No. 451 of 1991 (the Screening Act, laying down certain prerequisites for holding a range of jobs and occupations mainly in public institutions but also in the private sector). It recalls that this Act was the subject of representations under article 24 of the ILO Constitution on two separate occasions. Thus, both in November 1991 (as concerned the Czech and Slovak Republic) and June 1994 (as concerned the Czech Republic), the Governing Body set up committees to examine the respective representations, the conclusions and recommendations of which were approved by the Governing Body at its 252nd Session (February 1992) and 264th Session (November 1995), respectively.

2. The Committee recalls that the Governing Body committee established in 1994 found that the Constitutional Court had not taken into consideration in its decision the concerns expressed by the earlier committee, including whether the exclusions in the Act were based on the inherent requirements of a particular job (Article 1, paragraph 2, of the Convention), the measures which may be taken under Article 4 (activities prejudicial to the security of the State), and to a certain extent the appeal procedures, although it was recognized that the 1992 decision had improved the Act in this regard. Therefore, the Governing Body committee of 1994 felt obliged to repeat the considerations of the earlier committee (see paragraphs 57 and 59 of document GB.264/16/2) and invited the Government to repeal or modify the provisions in the Screening Act that were incompatible with Convention No. 111.

3. In its report, the Government provides information on the continued application of the Screening Act in the state bodies, institutions and enterprises, in the Czech Academy of Sciences and universities, in the sphere of justice, and in licensed businesses. It stresses that the Act proceeds from the perceived need and assumption that during the transition from the totalitarian State to a democratic society, it is necessary to ensure full credibility of persons called on to perform leading functions. The Government further states that an important aspect of the implementation of the Act is that in the assessment of the individual's suitability to be appointed to positions in governmental bodies and state authorities or to carry out licensed businesses, the decisive criterion of the Act is not only the present political opinion of the individuals, but also the assessment of their credibility as regards past activities such as engaging in the suppression of human rights.

4. The Committee points out that the reports of the Governing Body committees do not address the question of whether the persons in question violated human rights, but rather state that exclusions imposed on persons should be proportional to the inherent requirements of a particular job, indicating for each separate category of functions included in Act No. 451 particular considerations with regard to the scope of any possible exclusion. The Government reports that Act No. 451 is applied only to the highest management levels in state bodies and enterprises. The Committee draws the Government's attention to its concern that the level of a certain post within a public or private organization may not be determinative and that what is required is a careful and objective consideration of the inherent requirements of a job on a case-by-case-basis. The Committee must again request the Government to repeal or modify any legal provisions, or means of applying them, which are incompatible with the Convention, taking into account the considerations contained in paragraphs 57 and 59 of the report of the 1994 Governing Body Committee. It continues to express its regret over the extension of the Screening Act until 31 December 2000, but it notes from the Government's report that it does not envisage extending the Act beyond this date. Noting that new legislation is being developed concerning the status of employees in the state administration, the Committee requests the Government to keep it informed of developments in this respect. The Government is requested also to supply statistics in its next report on the application of Act No. 451.

5. Discrimination on the basis of other grounds. The Committee notes from the Government's report that an amendment to the Employment Act is under preparation with the aim of moving the prohibition of discrimination from the preamble to section 1 of the Act, thus making it a binding standard that can be enforced by labour inspectors, and for the violation of which penalties can be imposed. Noting that the amendment was expected to take effect as of July 1998, the Committee requests the Government to provide it with a copy of the amendment and to indicate measures taken to ensure its application. Similarly, the Committee notes that legislation is being developed to replace the 1965 Labour Code which, according to the Government, would respect the spirit of Convention No. 111 and contain an explicit prohibition of discrimination in employment and occupation. The Committee requests the Government to keep it informed on progress made in this regard and to supply a copy upon its adoption.

6. The Committee notes from the Government's report that certain measures have been implemented for the Romanies in an effort to reduce their high levels of unemployment and social and economic exclusion from the society, but that these measures have produced at best mixed results. In its report, the Government explains the disadvantaged position of the Romanies as being due, inter alia, to their negative approaches to traditional European values, work attitudes, low educational and skill levels, lack of motivation or interest in long-term training, and reliance on social benefits. Noting the Government's indication that it intends to continue its efforts to ensure the realization of its long-term goal of integration of the Romanies into society, the Committee points out that the elimination of distinctions in employment and education depends on a general context of equality of opportunity and treatment without which the full application of Convention No. 111 would be illusory. As has been stated in a report of a Commission of Inquiry, this general context will depend on the fulfilment of two conditions: respect for the rule of law and development of a climate of tolerance. The first condition will depend on the role reserved for law and the channels of appeal open to persons who are victims of discriminatory practices. The second condition depends not only on the enactment of legislation but also on the promotion of education, as referred to in Article 3(b) of the Convention. It should embrace the entire field of employment and education, but should not be limited to these fields alone. The aim of such an education programme is to promote the development of a climate of tolerance, without which coexistence between minorities and the majority, or even among the various minorities themselves, can only be fraught with conflict (report of the Commission on Inquiry appointed under article 26 of the Constitution of the ILO to examine observance by Romania of ILO Convention No. 111, Official Bulletin, Supplement 3, Vol. LXXIV, 1991, Series B, paragraphs 604, 605 and 608). The Committee requests the Government to provide, in its next report, information on the measures taken to improve the status of Romanies in regard to access to training, education, employment and occupation, including all steps taken to raise public awareness of the issue of racism and intolerance in order to improve tolerance and understanding between the Romanies and others in the society.

7. With reference to its previous comments concerning amendment of Act No. 216 of 10 July 1993, the Committee notes that the Government's report is silent on this issue and must therefore repeat a part of its previous observation which read as follows:

The Committee notes that the Government's first report also refers to Act No. 216 of 10 July 1993 which amended the 1990 Higher Education Act by transforming the employment contracts of teachers and researchers into fixed-term contracts expiring on 30 September 1994, and thus required the holding of competitions for all jobs of higher education teachers, scientific workers and managers of educational and scientific higher education establishments. This legislation was also examined in the above-mentioned representation, but the Governing Body committee considered that it did not have sufficient information to evaluate it in relation to the requirements of the Convention. The present Committee notes the Government's statement that the measure was aimed at opening chances for all teachers and citizens who had suffered discrimination on political grounds in the period prior to 1989 and at ensuring high integrity education for the new generations of students. It also notes that, at the date of the report (November 1995), 1,021 managers' jobs (5.1 per cent being filled by external candidates) and 6,236 other jobs in universities had been filled by competitions under the amendment. The Committee observes that, from the information available, Act No. 216 contains provisions linked to political opinion and it notes that the Government's report itself recognizes the internal criticism of the new recruitment procedure. The Committee thus refers the Government to the recommendations of the Governing Body committee set out above. Noting, however, that, according to the report, a change in the present system is envisaged in the draft of a new law on higher education, due to be discussed in Parliament in 1996, the Committee requests the Government to include, in its next report, information on the parliamentary discussions. In particular, it would like to receive information on whether the debates result in the removal of the discriminatory elements from Act No. 216 and ensure that new recruitments proceed irrespective of the political opinions of candidates.

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

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes the information supplied in the Government's first report which had arrived too late to be examined by the Committee at its last session.

1. Discrimination on the ground of sex. The Committee notes with interest that, according to the 1970-91 statistics supplied in the Government's first report, an increasing number of women are completing higher secondary schooling with technical training. It notes, however, that according to the report, in the 1980s there was stagnation in the level of jobs undertaken by women due to an apparent reluctance on the part of employers to make full use of women's educational qualifications. For example, a 1984 micro census showed that 25 per cent of female graduates had never been employed in the occupation for which they had gained qualifications. The Government states that, in response to this, in recent years there have been more opportunities for women to study a wider choice of subjects at university level and at training centres; a lacuna in the system of having only a few specialized educational institutions for women has been filled, according to the Government, by the establishment, on a pilot basis, of six specialized schools for girls which offer full secondary education up to the leaving examination. At the tertiary level, women tend to predominate in the social sciences and humanities, but certain specialized schools (such as medical, pedagogical and library studies) have experienced an increase in the number of female students. This segregation in training continues in jobs and occupations, where women predominate in certain fields, such as primary-school teaching. The Government explains that this situation is not due to unequal conditions based on sex, but to the free choice and prevailing interests of the individuals.

2. The Committee refers the Government to paragraphs 38 and 97 of its 1988 General Survey on equality in employment and occupation, where it explained that archaic and stereotyped concepts with regard to the respective roles of men and women were to a large extent the cause of occupational segregation of women in so-called "typically female" jobs, which impairs the achievement of equal opportunities and treatment. In paragraph 98 of that Survey, the Committee pointed out that some countries have introduced special measures to counteract the trend towards "feminization" of certain occupations. The Committee asks the Government to provide, with its next report, information on whether any studies are being carried out to sensitize girls, young women and the public at large about the range of training courses and employment opportunities available to them beyond "typically female" work. It would also appreciate receiving more recent statistical data on the percentages of women and men in various branches of study and in various posts and occupations.

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

1. The Committee notes the information supplied in the Government's first report (which had arrived too late to be examined by the Committee at its last session), in particular the expression of the equality principle in the 1993 Charter of Fundamental Rights and Freedoms and in the 1991 Act on Employment, and the gender-neutral and politically neutral provisions of the statutes concerning education and training, such as the School Act of 1974, amended in 1994.

2. Discrimination on the basis of political opinion. The Committee notes the Government's reference to Act No. 451 of 1991 (the Screening Act, laying down certain prerequisites for holding management functions in state bodies), which was challenged before the Constitutional Court and which was the subject of a representation under article 24 of the ILO Constitution presented by the Trade Union Association of Bohemia, Moravia and Silesia (OS-CMS). In its previous observation, the Committee drew to the attention of the Government the conclusions of the committee set up to examine this representation, approved by the Governing Body at its 264th (November 1995) Session. The Governing Body committee found that there were incompatibilities between the national legislation and the Convention, in particular with relation to the Screening Act which was declared to be applicable in the Czech Republic following the dissolution of the federated Czech and Slovak Republic. It deeply regretted the extension of Act No. 451 until 31 December 2000, and invited the Government:

(i) to repeal or modify any legal provisions which are incompatible with the Convention;

(ii) to take the necessary measures, including appropriate appeal procedures, to enable workers who suffered discriminatory treatment within the meaning of Convention No. 111 to obtain redress, including reinstatement in their jobs in appropriate cases, whatever their sector of activity;

(iii) to try to obtain the cooperation of employers' and workers' organizations and other appropriate bodies, in accordance with Article 3(a) of the Convention, for the adoption and implementation of the measures recommended above and, more generally, to encourage the acceptance and application of a national policy to eliminate all discrimination within the meaning of the Convention;

(iv) to have appropriate consultation with and recourse, if necessary, to the cooperation of the Office, in carrying out the above recommendations; and

(v) to provide complete information in the reports due under article 22 of the Constitution of the ILO on the measures taken to give effect to these recommendations, in order to enable the present Committee to follow up the situation.

3. This Committee asked the Government to report in detail in 1996 and looked forward to examining any additional information the Government might wish to provide on questions covered by the representation, as well as on the application of the Convention more generally. Noting that the Government did not send a further report, the Committee can only express the hope that information on the implementation of the recommendations made following the above-mentioned representation will be provided with the Government's report on this Convention next year.

4. The Committee notes that the Government's first report also refers to Act No. 216 of 10 July 1993 which amended the 1990 Higher Education Act by transforming the employment contracts of teachers and researchers into fixed-term contracts expiring on 30 September 1994, and thus required the holding of competitions for all jobs of higher education teachers, scientific workers and managers of educational and scientific higher education establishments. This legislation was also examined in the above-mentioned representation, but the Governing Body committee considered that it did not have sufficient information to evaluate it in relation to the requirements of the Convention. The present Committee notes the Government's statement that the measure was aimed at opening chances for all teachers and citizens who had suffered discrimination on political grounds in the period prior to 1989 and at ensuring high integrity education for the new generations of students. It also notes that, at the date of the report (November 1995), 1,021 managers' jobs (5.1 per cent being filled by external candidates) and 6,236 other jobs in universities had been filled by competitions under the amendment. The Committee observes that, from the information available, Act No. 216 contains provisions linked to political opinion and it notes that the Government's report itself recognizes the internal criticism of the new recruitment procedure. The Committee thus refers the Government to the recommendations of the Governing Body Committee set out above. Noting, however, that, according to the report, a change in the present system is envisaged in the draft of a new law on higher education, due to be discussed in Parliament in 1996, the Committee requests the Government to include, in its next report, information on the parliamentary discussions. In particular, it would like to receive information on whether the debates result in the removal of the discriminatory elements from Act No. 216 and ensure that new recruitments proceed irrespective of the political opinions of candidates.

5. The Committee is addressing a request directly to the Government on certain other points.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes that the Government has submitted its first report following the entry into force of the Convention, which arrived too late to be examined at the present session.

The Committee notes also the approval by the Governing Body of the International Labour Office at its 264th (November 1995) Session of the Report of the Committee set up to examine the representation made by the Trade Union Association of Bohemia, Moravia and Silesia (OS-CMS) under article 24 of the ILO Constitution alleging non-observance by the Czech Republic of this Convention. The Governing Body Committee found that there were incompatibilities between the national legislation and the Convention, in particular with relation to the Screening Act, No. 451/1991, declared applicable in the Czech Republic following the dissolution of the Czech and Slovak Federated Republic.

The Governing Body invited the Government:

(i) to repeal or modify any legal provisions which are incompatible with the Convention;

(ii) to take the necessary measures, including appropriate appeal procedures, to enable workers who suffered discriminatory treatment within the meaning of Convention No. 111 to obtain redress, including reinsertion in their jobs in appropriate cases, whatever their sector of activity;

(iii) to try to obtain the cooperation of employers' and workers' organizations and other appropriate bodies, in accordance with Article 3(a) of the Convention, for the adoption and implementation of the measures recommended above and, more generally, to encourage the acceptance and application of a national policy to eliminate all discrimination within the meaning of the Convention;

(iv) to have appropriate consultation with and recourse, if necessary, to the cooperation of the Office, in carrying out the above recommendations; amd

(v) to provide complete information in the reports due under article 22 of the Constitution of the ILO on the measures taken to give effect to these recommendations, in order to enable the present Committee to follow up the situation.

The Committee notes in this respect that the Government provided certain clarifications to the Governing Body when it adopted the report of its Committee. The Committee looks forward to examining, at its next session, any additional information the Government may wish to provide on the questions covered by the representation, as well as on the application of the Convention more generally.

[The Government is asked to report in detail in 1996.]

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee of Experts has noted that at its February-March 1992 Session (GB.252/16/19) the Governing Body approved the report of the Committee set up to examine the representations made by the Trade Union Association of Bohemia, Moravia and Slovakia (OS-CMS) and by the Czech and Slovak Confederation of Trade Unions (CS-KOS) under article 24 of the ILO Constitution alleging non-observance by the Czech and Slovak Federal Republic of Convention No. 111.

The Committee set up under article 24 of the Constitution examined the compatibility with the Convention of Act No. 451/1991 of 4 October 1991, known as the "Screening Act", with respect to exclusions of specified categories of persons from a wide range of functions and occupations, mostly in public institutions but also in the private sector. People liable to such exclusions include persons who were engaged in the past in specified functions, or were associated with or members of specified bodies or organisations of the former political system, in a period of over 40 years from 25 February 1948 to 12 November 1989.

The Committee was of the view that the exclusions established by Act No. 451/1991 may be deemed inherent requirements of particular jobs and therefore admissible under Article 1, paragraph 2, of the Convention only in a certain number of cases. It further found that the exclusions under the Act cannot be regarded as measures concerning activities prejudicial to the security of the State within the meaning of Article 4 of the Convention. It therefore was bound to conclude that, to the extent indicated, the exclusions imposed by Act No. 451/1991 constitute discrimination on the basis of political opinion under the terms of the Convention. It also found that the appeals procedures under Act No. 451/1991 did not fully meet the requirements of the Convention.

The Committee expressed confidence that a satisfactory solution would eventually be reached as the necessary elements conducive to such a solution already exist. It recommended that the Government should be invited: to refer the matter at the earliest date to the Constitutional Court of the CSFR for a ruling on Act No. 451/1991, having due regard to the provisions of Convention No. 111; to take the necessary measures in consultation with employers' and workers' organisations with a view to repealing or modifying Act No. 451/1991 in conformity with the requirements of the Convention; to take measures to enable any persons unjustly affected by the Act to obtain redress; and to have appropriate consultation, and if necessary, cooperation with the International Labour Office in carrying out these recommendations. It also recommended that the Committee of Experts follow up the matter.

The Committee of Experts requests the Government to report on the measures taken to implement the above recommendations in order to give full effect to the Convention, so that it can follow up the matter at its next session.

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

With reference to its previous observation and the discussions which took place in the Conference Committee in 1990, the Committee notes that the report of the Government, which was received only on 12 March 1991, contains detailed documentation in the Czech language. The Committee will thus examine this report at its next session.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

1. Admission to and contents of higher education. In previous comments, the Committee had noted that, under various legislative texts relating to higher education, the primary duty of institutions of higher education was to prepare candidates who were politically and morally developed and well prepared for work in various sectors of life in a developed socialist society. The Committee had also referred to requirements relating to the study of Marxism-Leninism, noting, for example, that according to Notification No. 110/1980 of the Ministry of Education of the Czech Socialist Republic and Notification No. 105/1980 of the Ministry of Education of the Slovak Socialist Republic on courses in higher education establishments, the obligations to be fulfilled by each student included the obligation to assimilate the Marxist-Leninist vision of the world and the obligation to raise his ideological, political and cultural level.

The Committee has noted the Government's statement that a basic knowledge of Marxism-Leninism is required of all applicants for studies at the university, forms part of the curriculum and therefore also part of the final examinations, but that political opinions are not inquired into for purposes of admission to studies or final examinations. The Government states that Marxism-Leninism is an integral part of education for all students.

The Committee observes, however, that the requirements previously mentioned appear to go further than merely defining the contents of curricula, and require the assimilation of the Marxist-Leninist vision of the world and the raising of the student's ideological and political level. Moreover, the academic justification for the inclusion of Marxism-Leninism in all courses of higher education is not evident.

The Committee would accordingly appreciate information on any further developments in educational policy and programmes having a bearing on the implementation of the Convention.

2. Training and employment of women. The Committee has noted with interest the information provided by the Government regarding access to training, access to employment and conditions of employment of women. It notes that, although girls have access to all types of vocational training, traditional views on the respective roles of men and women in different sectors of employment persist and influence sex distribution of persons attending the various kinds of training institutions. It notes that measures have been taken to encourage girls to train for less usual occupations, particularly by means of vocational guidance, direct assistance, and priority access to certain training programmes. The Committee requests the Government to provide further information on the measures taken, and also on the results obtained.

3. The Committee notes the Government's statement that, while education and qualification levels among men and women are becoming increasingly more balanced, that trend has been reflected only slowly in the structure of employment, with persistence of the employment of women in low-skilled and less well-paid work in a number of industries. The Government indicates that in many cases the assignment of workers to various jobs and grades is also influenced by traditional distinctions between typically men's and women's jobs. The Committee notes the Government's statement that the competent authorities are trying to analyse why, notwithstanding the guarantees of equality of opportunity and treatment laid down by law, situations of de facto inequality arise, with a view to adopting practical measures to deal with them. It requests the Government to provide information on the nature and results of the studies undertaken, and on the measures adopted. It would also appreciate statistical data on the extent of employment of women at different levels of responsibility.