Observación (CEACR) - Adopción: 2006, Publicación: 96ª reunión CIT (2007)

1. Article 1 of the Convention. Legislative developments. The Committee notes with interest the legislative developments set out in the Government’s report, addressing discrimination on the ground of disability, and harassment in the civil service. With respect to the civil service, the Committee notes that the amended Civil Service Act (No. 32/2006) now contains a provision prohibiting undesired physical, verbal or non-verbal treatment or behaviour of a civil servant based on any personal circumstance, creating an intimidating, hostile, degrading, humiliating or offensive working environment for a person and offending a person’s dignity. With respect to discrimination on the ground of disability, the Committee notes the adoption of the Vocational Rehabilitation and Employment of Disabled Persons Act (No. 100/2004), which, inter alia, prohibits direct and indirect discrimination in the employment of disabled persons, during the employment relationship and with respect to the termination of employment. The Act Amending the Vocational Rehabilitation and Employment of Disabled Persons Act (No. 72/2005) provides that employers must consider the ILO code of practice on managing disability in the workplace so as to ensure equal opportunities of disabled persons in employment. In addition, the Decree Establishing Employment Quota for Disabled Persons (No. 111/2005), requires every employer with at least 20 workers to employ a certain proportion of disabled persons. The Committee welcomes these developments, and requests the Government to provide information on the practical application of the provisions concerning non-discrimination and equality of opportunity and treatment in the amended Civil Service Act, the Vocational Rehabilitation and Employment of Disabled Persons Act, the Act Amending the Vocational Rehabilitation and Employment of Disabled Persons Act, and the Decree Establishing Employment Quota for Disabled Persons, including any complaints received and the outcome of such complaints.

2. Article 2. Equality between men and women. The Committee notes with interest that the Resolution on the National Programme for Equal Opportunities for Women and Men, 2005-13, was adopted by the National Assembly in October 2005, pursuant to the Act on Equal Opportunities for Men and Women, with the aim of improving the position of women. The concrete tasks and activities are to be defined in biennial periodic plans, the first of which was adopted in April 2006. The Committee notes with interest the Periodical Plan for the Implementation of the National Programme (2006-07), which sets out time-bound goals, specific action and activities, expected results, implementation methods and the bodies responsible for each activity. The Committee notes that the first strategic goal, “equal opportunities for women and men in employment” takes a multifaceted approach, including reinforcement of inspection with regard to the implementation of the Employment Act in the area of providing equal opportunities for women and men; analysing discrimination cases; raising awareness of the cases of discrimination and the mechanisms for prevention, and the position of women and men in the labour market; assistance in employing long-term unemployed women; implementation of and support for special programmes supporting women’s self-employment and entrepreneurship; direct long-term investment loans with subsidized interest rates for new companies with female owners; and monitoring accessibility to education areas where girls or boys are in the minority. Furthermore, the Committee notes that the second strategic goal is also relevant to the Convention, as it is aimed at addressing and preventing sexual and other harassment at work, again setting out a range of activities. The Committee requests the Government to provide information regarding the progress of implementation of the Periodical Plan for the Implementation of the National Programme (2006-07) and its impact in improving equality between women and men in employment and occupation and reducing discrimination, including with respect to sexual harassment.

3. Equality of opportunity and treatment of the Roma. The Committee notes the Government’s indication that a concerted effort continues to be made to promote equality of opportunity and treatment of the Roma. The Government refers to the fact that, within the framework of the Operational Programme for Human Resources Development 2007-13, which was to be adopted in September 2006, special programmes for the elimination of discrimination in the labour market, in employment and in education and training would be carried out, with one of the target groups being the Roma. In addition, the draft of the Roma Community Act is under discussion, which would determine the responsibility of state authorities and local community authorities in implementing special rights of the Roma community, regulate the organization of the Roma community at the national and local levels, including establishing municipal Roma communities and umbrella organizations, and provide for the financing of special rights of the Roma. The Committee welcomes the information provided regarding the number of Roma involved in the activities under the Active Employment Policy, and regarding the development partnerships under the European Community EQUAL programme, including the Roma Employment Centre and the Roma Education Information Centre. The Committee requests the Government to specify whether the Operational Programme for Human Resources Development 2007-13, and the Roma Community Act have been adopted, and what follow-up has been undertaken in the context thereof. It also requests the Government to keep it informed regarding the other initiatives taken or envisaged to promote equality of opportunity and treatment of the Roma, and any concrete results achieved in improving the situation of the Roma in education and employment.

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