Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Chile (Ratification: 1971)

Article 2 of the Convention. The Committee notes that the Government has not provided the information requested in its previous comments on the implementation of the National Plan to Overcome Discrimination in Chile. The Committee once again asks the Government to provide information on the content and implementation of the Plan as it relates to the application of the principle of the Convention.

Promoting equality between men and women in employment and occupation. The Committee notes the low female labour participation rate and its discontinuous nature, which appears to be caused by the lack of access of women to high-quality education and training, by family structures in which mothers continue to be the principal providers of childcare, by their lesser experience of the labour market and, finally, by traditional cultural values and attitudes concerning gender roles in the country, according to the Gender Assessment prepared by the World Bank, the Inter-American Development Bank and the National Service for Women (Government of Chile). In this respect, the Committee notes the measures adopted in the context of the programme “Chile grows with you” (Chile crece contigo) in support of children, which also facilitate the labour market integration of mothers, as well as Act No. 20166 of 12 February 2007 which recognizes the right of working mothers to nurse their children even in the absence of a nursing room. The Committee also notes the various
inter-sectoral agreements concluded by the SENCE (National Training and Employment Service) with a view to promoting equality for men and women in employment and occupation. In this respect, the Committee notes the establishment of a new Research Department entrusted, among other matters, with assessing the real impact of the gender perspective in SENCE programmes, particularly in relation to the National Service Work Programme of 2007, which includes the gender perspective. The Committee asks the Government to provide information on the measures adopted or envisaged to promote equality for men and women in employment and occupation by overcoming the obstacles that are still encountered preventing greater participation by women in the labour market, as identified in the paper referred to above, and their impact in practice.

The Committee further notes the Code of Good Labour and Non–discrimination Practice in the Central State Administration and the Guide to Good Practice in Combating Discrimination in the Enterprise, which apply to the public and private sectors, respectively. Both documents are intended to promote equality of opportunity and treatment for men and women, and particularly the balanced or joint representation of men and women in high-level managerial positions, and the more effective reconciliation of work and family responsibilities. For this purpose, standards are established for recruitment and selection processes, career development and access to training, the balanced or joint representation of men and women in managerial and executive positions, working conditions, protection of maternity rights and parental responsibilities, the reconciliation of work-related responsibilities and family obligations, and the prevention and punishment of work-related and sexual harassment at work. The Committee further notes that triennial implementation plans for the Code of Good Practices have been prepared. The Committee requests the Government to provide detailed information in its next report on the implementation of the Good Practice Guide for Enterprises and the Code of Good Practice for the Public Sector, with particular reference to the triennial implementation plans for the Code.

Public sector. The Committee once again asks the Government to provide a copy of the study prepared by the National Association of Tax Office Employees (ANEF) on the conditions and status of women in the public sector. It also reiterates its request for information on the progress made in the formulation of the Equal Opportunities Plan.

Sexual harassment. With reference to its previous comments relating to
Act No. 20005 dated 8 March 2005 respecting sexual harassment, the provisions of which are narrower than the Committee’s general observation of 2002, the Committee once again asks the Government to envisage the possibility of amending the Act, taking into account its general observation of 2002 and to keep it informed on this matter. The Committee further requests the Government to provide information on any complaints of sexual harassment at the workplace submitted to the national courts, and on the complaints made under provision 7(a) of the Code of Good Labour and Non-discrimination Practice for the Central State Administration.

The retirement age of women. Considering that, according to the Government’s report, a Bill for the reform of social protection is currently under examination, the Committee hopes that the Government will take this occasion to consider the possibility of amending Decree No. 3500 of 1980 with a view to establishing equality in the retirement age for women and men.