Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Italy (Ratification: 1963)

Other comments on C111

Observation

Direct Request

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The Committee notes the observations of the Italian Confederation of Managers and High-level Professionals (Confederazione Italiana Dirigenti e Alte Professionalità) (CIDA) communicated with the Government’s report.

Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. The Committee recalls that sexual harassment undermines equality at work and that it has consistently expressed the view that sexual harassment is a serious manifestation of sex discrimination and a violation of human rights. Given the gravity and serious consequences of sexual harassment, the Committee wishes to emphasize the importance of taking effective measures to prevent and prohibit sexual harassment at work. The Committee again asks the Government to provide information on the specific measures taken or envisaged to prevent and address both quid pro quo and hostile environment sexual harassment at work, and to indicate the results achieved.

Article 2. Equality of opportunity and treatment for men and women. In its previous comments, the Committee asked the Government to: (1) monitor the application of Legislative Decree No. 8/2016 with a view to ascertaining whether the decriminalization of cases of gender discrimination in employment and occupation has reduced the deterrent effect of the sanctions, and to provide information in this respect; (2) provide information on the application in practice of Act No. 92/2012, Decree No. 243/2012 and Legislative Decree No. 5/2010 and their impact on advancing equality of opportunity and treatment for men and women and addressing gender segregation in the labour market; and (3) supply information on the impact of all the programmes and measures adopted to promote equal opportunities and treatment for men and women in access to employment and occupation, including “Italia 2020”. The Committee notes CIDA’s observations on persisting gender inequalities in the world of work. CIDA indicates, among other matters, that, according to data from Almalaurea (Interuniversity Consortium comprising 75 Universities), five years after completing university education, 60.3 per cent of men obtain a permanent employment contract against 50.1 per cent of women; and the gender pay gap is 18.3 per cent in these cases, with men earning a monthly salary of €1,675 compared to women’s salary of €1,416, all other conditions being equal. CIDA also underscores that 70 per cent of managerial positions are held by men, although progress is being made: according to the data provided by the National Institute for Social Security (INPS) in 2017, women represented 31.7 per cent of managers in the private sector under the age of 35 and 27.9 per cent of managers under the age of 40. The Committee notes CIDA’s indication that there is a need to ensure equal opportunity for men and women starting with the domain of education and professional training. The Committee also notes from the 2017 report on the investigation of national policies for gender equality conducted by the Italian Institute of Statistics (INSTAT) that: (1) women’s rate of completion of tertiary education is higher than men’s, and the drop-out rates are lower for women than for men; and (2) the number of women graduating in techno-scientific fields is lower than men but the gender gap in this regard is lower than the European average. The Committee refers to its comments under the Equal Remuneration Convention, 1951 (No. 100). The Committee once again asks the Government to provide information on the programmes and measures adopted to promote equal opportunities and treatment for men and women in respect of access to employment and occupation and their impact, and also reiterates its request for information on: (i) the monitoring of the application of Legislative Decree No. 8/2016, with a view to ascertaining whether the decriminalization of cases of gender discrimination in employment and occupation has reduced the deterrent effect of the sanctions; and (ii) the application in practice of Legislative Decree No. 198 of 11 April 2006 (National Code of Equal Opportunities between Women and Men) as subsequently amended, and its impact on advancing equality of opportunity and treatment for men and women and addressing gender segregation in the labour market.

Equality of opportunity and treatment irrespective of race, colour or national extraction. In its previous observation, the Committee asked the Government to gather and provide detailed information on the impact of the various initiatives undertaken to combat discrimination and promote equality of opportunity and treatment irrespective of race, colour or national extraction and the main obstacles encountered. The Committee also encouraged the Government to collect data disaggregated by ethnic origin on the distribution of women and men in the labour market in order to better monitor and assess the impact of the measures taken to prevent and address discrimination in employment and occupation based on race, colour and national extraction. It further asked the Government to provide information on the activities of the Centre for research and monitoring of xenophobia and racial and ethnic discrimination (CERIDER) and their results, as well as on the activities of the Office for the Promotion of Equality of Treatment and Elimination of Discrimination based on Race and Ethnic Origin (UNAR) and the outcome of the cases of discrimination processed. The Committee notes the Government’s reference to the 2019 report of the Ministry of Labour and Social Policies concerning “foreigners in the Italian labour market” annexed to the Government’s report, which provides statistical information concerning the occupational distribution and the employment rate of non-Italian workers (which goes from 82 per cent for Filipinos to 16.7 per cent for Ghanaians). The Committee notes from this report that foreign workers represented, in 2018, approximately 10 per cent of the total employed persons, and that 25.5 per cent of households of foreign workers were affected by poverty due to, among other matters, the type of job performed by the foreign workers and the level of remuneration received. The Committee also notes the yearly reports on the presence of migrants in metropolitan cities, referred to by the Government, which provide information on the social and labour integration of migrants. In this respect, the Committee refers to its comments under the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143). The Committee further notes the information about the measures adopted in the framework of various programmes with a view to promoting the labour integration of foreign workers, including, for example: (1) the programme “INSIDE”, which was implemented from 2015 to 2018 and promoted the employment of the participants, mainly of Afghan, Pakistani and Somali origin; (2) the programme “PUOI”, which was launched in 2019 and builds on the achievements and activities of INSIDE; and (3) the Project “PERCORSI” which started in 2016 and targets foreign youth. The Committee notes the Government’s indication that the programme “INSIDE” and the project “PERCORSI” were included in the European Commission database on promising practices for social and occupational integration. The Committee notes, in particular, from the report on the monitoring of “PERCORSI”, that a two-fold action has been undertaken which aims, on the one hand, to provide professional training to foreign youth through apprenticeships, and on the other, to support their labour integration through liaising with the main actors in the labour market. The report puts forward a series of recommendations to strengthen the project, including extending the duration of the apprenticeships beyond the five months currently offered; issuing certifications of the skills acquired to help the search for employment; and improving the match between the participant’s background and aspiration and the type of training opportunity provided. The Committee notes with interest that these recommendations stem from a participatory exercise, based on focus group discussions with the actors concerned, on the monitoring and evaluation of the implementation of measures adopted in the framework of the project. The Committee, however, notes that the information provided by the Government mainly concerns non-Italian nationals. Concerning CERIDER, the Government states that it was created as a subsidiary body of UNAR to carry out a pilot project of a temporary nature and that UNAR continues to undertake its activities to prevent, address and monitor cases of discrimination in the country. In this regard, the Committee notes that, according to the 2018 UNAR report, 2,864 cases of discrimination based on race and ethnic origin were dealt with by UNAR in 2018, representing 70.4 per cent of the total number of cases dealt with, a minority of which concerned the world of work (about 9 per cent of all cases handled). The Committee also notes the awareness-raising activities undertaken by UNAR to combat discrimination. The Committee asks the Government to continue to monitor the impact of the various initiatives undertaken to combat discrimination and promote equality of opportunity and treatment irrespective of race, colour or national extraction, including in respect of Italian citizens. The Committee also asks the Government to provide information in this regard, including any relevant statistical information disaggregated by sex and ethnic origin allowing for the monitoring of progress in addressing occupational segregation and discrimination in remuneration for work of equal value based on the grounds of race, colour and national extraction. Referring to its 2018 general observation on the Convention, the Committee also encourages the Government to build on the participatory exercise mentioned above and consult, wherever possible, the interested groups on the design, implementation, monitoring and evaluation of the measures adopted to promote equality of opportunity and treatment in employment and occupation, irrespective of race, colour and national extraction and to provide information in this respect. The Committee further asks the Government to continue to supply information on the activities of UNAR and the outcome of the cases of discrimination examined.

Roma, Sinti and Travellers. In its previous observation, the Committee asked the Government to: (i) undertake a comprehensive assessment of the progress made to date in addressing the discrimination suffered by Roma, Sinti and Travellers in employment and occupation; (ii) identify the additional measures needed in order to advance further equality of opportunity and treatment for men and women of Roma, Sinti and Travellers groups; (iii) indicate how the implementation of these measures is coordinated and monitored, and supply information on their impact, including information on the results of the pilot initiative undertaken by UNAR to promote access to employment for disadvantaged and discriminated groups and any follow-up envisaged; and (iv) provide information on the National Strategy for the Inclusion of Roma, Sinti and Travellers and the results of the research project on the integration of Roma, Sinti and Travellers carried out by INSTAT and the Department of Equal Opportunities, including any statistical data gathered in this context. The Committee notes the Government’s indication that there is a lack of reliable data on the Roma, Sinti and Traveller population which poses a challenge in addressing the issues faced by this population group. The Government explains that the lack of reliable data is due to the fact that Roma and Sinti people are in the main part self-employed and engaged in an extremely varied range of traditional occupations; some information on the discrimination faced by these groups is, however, captured by UNAR’s annual reports. The Committee notes from the 2018 report by UNAR that, in 2018, out of the total of 2,864 cases of discrimination based on race and ethnic origin treated by UNAR, 424 cases concerned Roma, Sinti and Traveller people. The Committee notes that the Government informs about: (1) the measures adopted in the framework of the National Strategy Against Poverty 2018–2020 in support of the most marginalized segments of the national population, including the Roma, Sinti and Travellers, such as the reddito di cittadinanza (citizens’ basic income) coupled with a customized support to the labour integration of the persons concerned; (2) the numerous measures adopted to promote access to education and to tackle school dropouts among Roma, Sinti and Traveller children, including under the National Project for the Inclusion and Integration of Roma, Sinti and Traveller Children; and (iii) the measures taken under the National Strategy for the Inclusion of Roma, Sinti and Travellers as reported by UNAR, including a number of activities designed to address stereotypes and prejudices against Roma, Sinti and Travellers. The Committee further notes that the Government indicates that UNAR will be studying the feasibility of extending to Italy the approach adopted in Spain with the programme ACCEDER, which has proved to be particularly successful in promoting the integration of the above-mentioned population groups, and consists of a multi-fold action designed to promote Roma, Sinti and Travellers’ access to employment and occupation encompassing, among others, gap-analysis of professional skills, professional training, including internships and apprenticeships, support to develop entrepreneurship, and access to microcredit. The Committee asks the Government to continue to provide information on the measures taken to promote equality of opportunity and treatment of Roma, Sinti and Travellers in employment and occupation. The Committee also asks the Government to provide information, including statistical information, disaggregated by sex, wherever possible, on the results achieved in practice in ensuring access to education, vocational training, employment and occupation, without discrimination, for Roma, Sinti and Traveller persons, as well as in ensuring the enjoyment of equal treatment in respect of terms and conditions of employment. The Committee asks the Government to provide information on measures taken to monitor the progress made and identify any additional adjustments needed in order to advance further on these issues. The Committee also asks the Government to supply information on the implementation of the ACCEDER model, if and when adopted, and on any particular measures adopted or envisaged to tackle the current lack of reliable data on the situation of Roma, Sinti and Travellers in employment and occupation, including by the National Institute of Statistics.

General observation 2018. With regard to the above issues, and in more general terms, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Equality of opportunity and treatment irrespective of disability, sexual orientation and gender identity. In its previous comments, the Committee asked the Government to: (1) identify the specific measures adopted under the National LGBT Strategy and their impact in addressing and preventing discrimination in employment and occupation on the ground of sexual orientation and gender identity; (2) continue providing information on the measures adopted or envisaged to promote equality of opportunity and treatment for persons with disabilities, including the application of Legislative Decree No. 151/2015, and their impact; and (3) provide information on the cases of discrimination processed by UNAR and reported to or detected by labour inspectors, and their outcomes. The Committee notes from UNAR’s 2018 report that, of all cases of discrimination processed by UNAR in 2018, those based on sexual orientation and gender identity represented 7 per cent of the total, and those based on disability represented 5.4 per cent of the total. The Committee also notes from UNAR’s report that a permanent roundtable was established to consult LGBTI+ associations and those associations working in support of LGBT+ persons’ rights with a view to ensuring the exchange of information and the identification of best practices and proposals for action in various domains, including labour. The Committee asks the Government to provide information on any measures adopted following the consultations held with LGBTI+ associations to promote equality of opportunity and treatment for LGBTI+ persons in respect of employment and occupation. It also once again asks the Government to provide information on: (i) the specific measures adopted under the National LGBT Strategy to address and prevent discrimination in employment and occupation on the ground of sexual orientation and gender identity and their impact; (ii) the measures adopted or envisaged to promote equality of opportunity and treatment for persons with disabilities, including the application of Legislative Decree No. 151/2015, and their impact; and (iii) the cases of discrimination in employment and occupation processed by UNAR and reported to or detected by labour inspectors, and their outcomes.

Public administration. In its previous comments, the Committee asked the Government to: (1) provide information on the impact of the three-year plans for affirmative action adopted by the public administration on the advancement of equality of opportunity and treatment, particularly with regard to the access of women to posts and job positions in the public administration in which they are under-represented; (2) identify any specific measures adopted or envisaged by the public administration to prevent and address discrimination based on the other grounds prohibited by the Convention; and (3) supply information on the activities of the “Single Committee to guarantee equal opportunities in the achievement of the well-being of workers and the prevention of discrimination”, including the manner in which this committee cooperates with the National Equality Counsellor. The Committee notes from the report by the Ministry of Economy and Finance on the actions undertaken by the public administration to tackle gender gaps, which was annexed to the Government’s report, that the office of the Presidency of the Council of Ministers and the various Ministries adopted a range of measures designed to promote a better reconciliation of family and work lives for their staff, including the establishment of kindergartens and playrooms, the organization of after-school activities and summer camps, and the arrangement of part-time work. According to the data included in the report, in 2017, in the office of the Presidency of the Council of Ministers, four women and nine men made use of the kindergarten facilities offered, no workers resorted to teleworking, and 67 women, compared to 15 men, used part-time work arrangements. Likewise, for example, in the Ministry of Labour and Social Policies, 78 women and 18 men used part-time work arrangements. The Committee asks the Government to provide information on the measures taken to promote equality of opportunity and treatment between men and women in the public sector more broadly, as well as on any specific measures adopted or envisaged by the public administration to prevent and address discrimination based on the other grounds prohibited by the Convention.