Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

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

1. Article 1 of the Convention. Discrimination on grounds of race and colour. With reference to paragraph 1 of its direct request of 2002, the Committee notes the brochure "Legal means of combating racism" and Act No. 18/2004 of 11 May, which transposes into national law European Council Directive No. 2000/43/CE intended to lay down a legal framework for combating discrimination on the grounds of racial or ethnic origin. Noting that the Government’s report does not contain all the information requested, the Committee asks the Government to evaluate the effectiveness of the measures taken to eliminate discrimination and promote equality of opportunity and treatment for groups which could be victims of discrimination on grounds of race, colour, nationality and/or ethnic origin. It also requests it to provide information on the situation of the black population and of the Roma in relation to employment and occupation.

2. Promotion of equality between men and women. The Committee notes with interest the Second National Plan for Equality (2003-06) approved by Decision No. 184/2003 of 6 November of the Council of Ministers. The Plan envisages various stages and measures to promote equality between men and women. These measures cover the reconciliation of working and family life (point 1), training, education and information (point 2) and social integration (point 3). A final evaluation of the Plan will be carried out by an independent body before its implementation is completed. The Committee requests the Government to provide a copy of this evaluation.

3. Sexual harassment. The Committee notes the comments of the General Confederation of Portuguese Workers (CGTP), attached to the Government’s report, according to which section 24 of Act No. 99/2003 contains an incomplete definition of the concept of sexual harassment and does not establish administrative recourse procedures for victims. Furthermore, the CGTP indicates that workers’ organizations have proposed the inclusion of clauses on harassment in collective agreements, but that employers refuse to examine these clauses. The Committee requests the Government to provide its observations on the CGTP’s comments, including the administrative recourse procedures available in the event of sexual harassment.

4. Unemployment and poverty among women. The Committee notes the comments of the General Union of Workers (UGT), attached to the Government’s report, according to which the school attendance rates of women are higher than those of men for all age categories up to 24 years, but that situations of discrimination persist and, in particular, that women are affected more by unemployment, one of the major current social problems. It adds that poverty indices are also higher amongst women. The Committee requests the Government to make its observations on this subject.