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

Workers with Family Responsibilities Convention, 1981 (No. 156) - Portugal (Ratification: 1985)

1. The Committee notes with interest, from the Government's two first reports, that the Government has adopted a policy to enable persons with family responsibilities who are engaged or wish to engage in employment to exercise their right to do so without being subject to discrimination and without conflict between their employment and family responsibilities, as called for by Article 3 of the Convention. This policy is embodied mainly in articles 36(3), 67 and 68 of the Constitution and in the legislation on equality of opportunity and treatment for men and women, and on the protection of maternity and paternity.

2. The Committee requests the Government, in its next report, to supply further information on the practical application of the above-mentioned policy. In particular, please indicate:

(a)whether positive measures have been taken to stimulate the employment of workers with family responsibilities (Article 4 of the Convention);

(b)the measures taken to take account of the needs of workers with family responsibilities in community planning (Article 5(a) of the Convention);

(c)the measures taken to ensure that the number and the nature of day-care facilities for children of workers correspond to the needs, taking into account that the Government stated in its 1985 report to the Committee on the Elimination of all Forms of Discrimination Against Women (UN doc. CEDAW/C/5/Add.21/Corr.1) that the lack of support structures and care facilities was still a very severe problem in Portugal (Article 5(b) of the Convention);

(d)the activities carried out by bodies such as the Commission on the Status of Women and the Commission on Equality in Employment and Occupation to engender a broader public understanding of the principle of equality of opportunity and treatment for men and women workers (Article 6 of the Convention);

(e)the practical measures taken in the field of vocational guidance and training to enable workers with family responsibilities to become and remain integrated in the labour force (Article 7 of the Convention); and

(f)any court decisions that could illustrate that family responsibilities do not constitute a valid reason for termination of employment (Article 8 of the Convention).