Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Brazil (Ratification: 1965)

1. Having noted in its previous comments that the reports of the Government merely quoted the provisions of the national legislation and stated that there was no need to take educational or other measures or to collect statistics as there was no discrimination in employment and occupation in the country, the Committee had observed that a State which ratifies the Convention undertakes not only to ensure that national legislation is in conformity with the Convention, but also to pursue an active policy and take practical measures to ensure equality of opportunity and treatment in the employment and activities under its control, and to promote this principle in respect of other employment and activities.

In its last report, the Government refers to the existence of situations of de facto discrimination in employment and in the distribution of income between men and women and between whites, blacks and mulattos. The report contains statistics documenting such discrimination, which is even more pronounced for black women and, among the factors responsible for this situation, mentions the application of austerity programmes of structural adjustment imposed on the Government, which aggravated social imbalances.

Similar information is contained in communications which were received in September and October 1992 from the Trade Union of Bank Employees of Florinaopolis and Regiao and the United Workers' Central (CUT). These communications, which were transmitted to the Government for its comments, referred to statistical data collected by the Center for Research on Labour Relations and Inequalities (CEERT) on racial inequalities in the labour market as evidence of non-compliance with the Convention.

The Committee takes note of this information. It hopes that the Government will supply its comments on the communications referred to above so that they may be examined at the Committee's next session. It also requests the Government to indicate the measures taken or envisaged to study further the extent and causes of inequalities based on race and sex and the positive measures taken or envisaged in the fields mentioned in Article 1, paragraph 2, of the Convention so as to ensure and promote equality of opportunity and treatment in accordance with the Convention. In particular, the Committee would appreciate information on the policies and measures which are applied by the Government in the sectors of employment under its control, including statistics, broken down by race and sex, on the composition of the workforce in the public sector, by occupations and levels of responsibilities.

2. The Committee notes from a report presented to the Federal Senate by a Joint Parliamentary Committee of Investigation on the Incidence of Massive Sterilization of Brazilian Women that 27 per cent of Brazilian women of reproductive age were sterilized in 1986 and that numerous employers, with impunity, require women seeking employment or wishing to keep their jobs to furnish certificates attesting to their sterilization.

The Committee observes that this requirement constitutes discrimination under the terms of the Convention, to the extent that it is imposed on individuals of a particular sex who must furnish proof of their sterility in order to be employed. It trusts that the Government will take all appropriate steps to put an end to these practices.

Noting from the Government's report that the Rapporteur of the Labour Administration and Public Service Commission has approved the draft texts of Bill No. 229/91 (providing that it is unlawful for employers to require a candidate for employment to present a medical certificate attesting to her sterility or pregnancy) and Bill No. 677/91 (stating that it is unlawful for an employer or for a person acting on the employer's behalf to perform a physical examination of any female official), the Committee requests the Government to provide information on the status of Bills Nos. 229/91 and 677/91 as well as copies of any texts adopted, and on the measures taken to ensure their strict enforcement.

The Committee also notes with interest Law No. 11081 of 6 September 1991 and Decree No. 30497 of 6 November 1991, of the Municipality of Sao Paulo, which empower the Municipality of Sao Paulo to impose sanctions on commercial or industrial establishments and entities, as well as civil associations or societies which have restricted a woman's right to employment, in particular, by requiring a pregnancy test or proof of sterilization in order to be hired or to remain employed or by requiring gynecological examinations on a periodic basis as a condition for maintaining employment, and by discriminating against married women or mothers in employment selection or dismissal. The sanctions, which may be imposed cumulatively, comprise a warning, a fine, temporary suspension of operations or permanent withdrawal of the authorization to operate. The Committee requests the Government to supply information on the practical application of Municipal Law No. 11081 of 6 September 1991 and Decree No. 30497 of 6 November 1991, including the sanctions imposed where an employer has asked women for proof of sterility or pregnancy in order to be employed. The Committee would also be grateful to receive information on other legislation, and its enforcement, adopted at the state and local levels expressly prohibiting employers from requiring current and prospective women employees to furnish proof of sterility or pregnancy.

3. The Committee notes the Government's statement in the report that, in view of the serious repercussions of the recession on the labour market, there is a clear need to adopt a general employment policy in conjunction with a policy for promoting greater awareness of the rights of the citizens. Recalling that under Article 3(b) of the Convention, a ratifying State must promote such educational programmes as may be calculated to ensure the acceptance and observance of the policy of equality of opportunity and treatment in employment, the Committee requests the Government to provide information on the measures taken or envisaged, both at the federal and state levels, to increase awareness and ensure observance of the principles of non-discrimination and of equality protected by the Convention.

[The Government is asked to supply full particulars to the Conference at its 80th Session and to report in detail for the period ending 30 June 1993.]