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Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Russian Federation (RATIFICATION: 1961)

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1. Legislative developments. The Committee notes the information provided by the Government concerning the draft law on “State guarantees of equal rights and freedoms and equal opportunities of men and women in the Russian Federation” which is still under consideration by the State Duma. The legislation will introduce for the first time, a definition of discrimination and will also establish mechanisms for the promotion of gender equality. The Government is requested to continue to provide information on the progress made in the preparation of the gender equality legislation and to supply a copy of the text of the legislation, as soon as it is enacted.

2. Indirect discrimination. In its previous comments the Committee stressed the need to address indirect discrimination in employment and occupation. In the absence of a reply to these comments, the Committee once again requests the Government to indicate whether section 3 of the Labour Code prohibits indirect discrimination. The Committee requests the Government to ensure that indirect discrimination in employment and occupation is prohibited by legislation, and to provide for definitions of direct and indirect discrimination in the envisaged gender equality legislation and the Labour Code. Please indicate the specific steps taken in this regard.

3. Sexual harassment. The Committee notes that according to the government report “sexual coercion” is implicitly covered by section 3 of the Labour Code. The Committee also notes the example provided of an enterprise that has prohibited sexual solicitation in its internal rules of conduct. Given the absence of specific legal provisions on sexual harassment in the workplace, the Committee requests the Government to consider including in the legislation provisions defining and prohibiting sexual harassment, in accordance with the Committee’s 2002 general observation on this issue. In this context, the Government is asked to ensure that the definition of sexual harassment covers all types of sexual harassment (including harassment resulting from a hostile environment), and not only those which involve coercion or solicitation.

4. Situation of men and women in the labour market. The Committee notes that according to the Government’s report, working women have a higher level of education than working men and that among employees holding managerial positions, about 40 per cent are women. Women remain highly concentrated in sectors such as health, social work, culture or education (up to 80 per cent), while their proportion in other traditionally female-dominated sectors has been decreasing (commerce, catering, credit and finance), which is explained by the Government with the rising wages in these sectors, making them attractive to men. In May 2006, 46.3 per cent of the unemployed were women.

5. The Committee notes that the Government has continued to take numerous measures to promote women’s employment, including through vocational training and assistance in the establishment of their own enterprises. However, the information provided does not elaborate on how these measures address occupational segregation based on sex. The Committee requests the Government to continue to provide information on the measures taken to promote equal opportunities of men and women in employment and occupation, including on the specific steps taken to ensure that men and women have equal access to employment in the broadest possible range of sectors and industries, as well as at all levels of responsibility. The Government is requested to provide more detailed statistical information on the distribution of men and women in the different sectors and industries, as well as levels of responsibility.

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