Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

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

The Committee notes the Government’s report and the observations of the Confederation of Portuguese Tourism (CTP) and the General Union of Workers (UGT) attached thereto.

1. Article 1 of the Convention. Discrimination on grounds of race, colour and national extraction. The Committee notes the activity report of the High Commission for Immigration and Ethnic Minorities for the period from 2002 to 2005. It notes that any complaint arising from an application of Act No. 18/2004 can be made directly to the Commission for Equality Against Racial Discrimination (CICDR) and that, by the end of 2004, the CICDR had recorded a total of 45 cases of discrimination on the basis of race, nationality or ethnicity. The Committee also notes the efforts undertaken with respect to the Roma and the issue of street vendors, which remains an important source of revenue for many families from this community. It notes in this regard the elaboration of a Charter of Principles for Selling on the Street and that this Charter has been disseminated to all of the country’s municipal councils and bodies with specific responsibility for granting access and overseeing the practice of itinerant trading. The Committee requests the Government to provide further information on the measures taken with regard to its street vendors’ initiative and how it ensures that members of the Roma community are not discriminated against in carrying out this economic activity. The Committee also asks the Government to continue sending information on the number and outcome of cases submitted to the CICDR, in particular those cases dealing with discrimination in employment and occupation on the basis of race, colour or national extraction. It further asks for statistical information on the position of ethnic minorities in the labour market and an indication of the active measures in place or under consideration to promote equality of opportunity and treatment in employment and occupation for these minorities.

2. Sexual harassment. The Committee recalls the comments submitted by the Confederation of Portuguese Workers regarding the inadequate protection against sexual harassment in employment and occupation under section 24 of the Labour Code. It notes the Government’s response that the concept of sexual harassment under section 24 covers both sexual and moral harassment, as well as harassment carried out with the aim and the effect of undermining a person’s dignity or creating an intimidating, hostile, degrading, humiliating or destabilizing environment. It also notes that the infringement of this section constitutes a serious offence under section 642(1) of the Code and that the Inspectorate-General of Labour is mandated by section 639 to institute labour-related administrative proceedings. The Committee notes the opinions of the Commission for Equality in Labour and Employment in this regard and asks the Government to continue to provide information on judicial decisions regarding sexual harassment along with information on the number and outcome of complaints filed. Please also provide information on the practical measures taken, in both the public and private sectors, to raise awareness about sexual harassment at work, how to prevent it and how to address it appropriately when it occurs.

3. Article 2. Equality of opportunity and treatment of men and women. The Committee notes the submission from the UGT restating its previous comment that, despite higher levels of education among women under the age of 24, discriminatory practices still exist with regard to access to employment, salaries and professional development and that unemployment affects women more than men, leading to higher rates of poverty among the female population. The Committee notes that an analysis of the labour market between 2003 and 2005 confirms the existence of higher rates of female unemployment among young women, new jobseekers and highly educated women. It also notes that women earn less on average than men, are concentrated in occupations which are traditionally less well remunerated and are more likely than men to work under non-permanent contractual arrangements. The Committee notes the Government’s information on the numerous activities under the National Plan for Equality for 2003-2006 (NPI) in an effort to put into practice the principle of gender equality. The Committee asks for continued information on the implementation and impact of these activities towards improving equality of opportunity and treatment for women in employment and occupation in both the private and public sectors. It requests, in particular, specific details on the impact of the activities of the Commission for Equality in Labour and Employment as well as information on the development of the Gender Equality Observatory. Please also continue to provide up to date statistics on the situation of women in the labour market to enable the Committee to measure progress in this regard.

4. Promoting equality between men and women in the private sector. The Committee notes that one of the activities under the NPI includes the promotion of equality plans in enterprises along with the creation of incentives for adopting measures to promote equality between men and women. It also notes the proposal under the NPI to reassess the content of collective agreements from a gender perspective. The Committee asks the Government to provide information on the number of equality plans adopted by enterprises and to include examples of such plans. The Government is also asked to include information on its initiative to evaluate collective agreements from a gender perspective, indicating how many agreements have been considered and what impact this process has had on improving equality of opportunity and treatment between men and women through collective agreements.