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

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Portugal (Ratification: 1959)

The Committee notes the detailed information provided by the Government in reply to its observation and direct request of 1990.

1. The Committee takes note of the measures taken under Legislative Decree No. 426-8 respecting equality of treatment between men and women in the public service, and the statistics on the participation rate of women in the public service, which show a considerable increase in the number of women in executive posts in the central administration. It hopes that the next report will continue to provide information on progress made in this area.

2. The Committee takes note of the statement that, although statutory effect is given to the principle of equality between men and women, the Committee on Equality in Work and Employment (CITE) notes from the complaints it receives that there is discrimination in certain areas of the public service. It refers in this connection to female auxiliary staff in schools, stating that they have more tasks to perform than their male counterparts. The Committee hopes that the next report will indicate the measures taken or under consideration to investigate areas where there may be discrimination in practice and to put an end to such discrimination.

3. The Committee notes with interest the various measures that have been taken by the Ministry of Employment and Social Security to encourage additional training for women, diversify their training and promote the establishment of enterprises by women. It would be grateful if the Government would indicate the results obtained by these measures.

4. The Committee notes with interest the information concerning the activities of the CITE. It would be grateful if the Government would indicate the action that has been taken or is envisaged as a result of the CITE's conclusions regarding the existence of direct or indirect discrimination in collective agreements concerning non-female occupations in various sectors of activities such as services and the glass-making, fisheries, cork, flour-milling, and textile industries.

5. The Committee notes the inquiry conducted at the initiative of the CITE concerning sexual harassment in the workplace. It asks the Government to indicate the measures taken or under consideration to ensure better protection against sexual harassment.

6. The Committee notes that, according to an analysis conducted by the CITE, approximately 75 per cent of small advertisements in the daily press are of a discriminatory nature. It also notes that during the period covered by the last report the labour inspectorate recorded 14 infringements of the legislation prohibiting sexist advertisements. The Committee asks the Government to indicate the measures taken to reinforce supervision of the practical application of section 8 of Legislative Decree No. 491/85 prohibiting, under penalty of a fine of 5,000 to 40,000 escudos, the publication of job offers containing restrictions, requirements or preferences which discriminate on the ground of sex.

7. The Committee once again asks the Government to supply information on the activities of the working group responsible for implementing the 1988 agreement concluded by the Ministry of Education and the Committee on Women's Affairs with a view to ensuring that education personnel receives non-sexist training.