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

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Poland (Ratification: 1961)

Article 1 and 2 of the Convention. Sexual harassment. Recalling its previous comments regarding the enforcement of the legal provisions concerning sexual harassment and measures to raise awareness of the issue, the Committee notes from the Government’s report that between 2005 and 2007 the district and regional courts dealt with some ten sexual harassment cases per year. The Committee asks the Government to provide information on the measures taken to promote awareness of the issue of sexual harassment at work, and any cooperation with workers’ and employers’ organizations in this regard.

Equality of opportunity of men and women. In its report under the Equal Remuneration Convention, 1951 (No. 100), the Government stated that women continue to face difficulties with regard to promotion and that they are more often subject to discrimination, as stereotypical views of employers on family responsibilities negatively influence their approach to hiring, remuneration and promotion of women. With less than 50 per cent, Poland has one of the lowest rates of economically active women in Europe. The Committee notes the Government’s indication that the programmes aimed at addressing this situation include research into the reasons of women’s low economic activity and measures to address inequality resulting from stereotypes relating to age, motherhood and rural origin. The Committee requests the Government to provide detailed information on the results of these and any other measures taken to address inequality and discrimination faced by women in employment and occupation, including efforts to promote action for gender equality at the enterprise level, to facilitate reconciliation of work and family responsibilities, and to ensure the effective enforcement of the non-discrimination legislation. The Committee reiterates its request to the Government to provide detailed statistical information on the distribution of men and women in the different areas of economic activity and occupations, as well as the participation of men and women in decision-making positions.

Equality of opportunity and treatment of persons with disabilities. The Committee notes with interest the numerous measures taken by the Government to promote equality of opportunity and treatment in employment and occupation of persons with disabilities, including the adoption and implementation of a specific national policy on this issue. The Committee particularly notes the financial support offered to employers accommodating the special needs of disabled persons at the workplace. The Committee looks forward to receiving further information on the progress made in promoting equality of opportunity and treatment in employment and occupation of men and women with disabilities.

Equality of opportunity and treatment irrespective of race colour and national extraction. The Committee notes that among the various ethnic minorities, the Roma remain the most disadvantaged group in respect of employment and occupation. According to the Government, the Roma are particularly affected by long-term unemployment. The Committee notes that subsidized employment and training for the Roma has been offered under the Programme for the Roma Community in Poland. The number of Roma who have benefited from subsidized employment decreased from 74 in 2006 to 63 in 2007, whereas 35 Roma have received vocational training in 2007. While welcoming the reported measures, the Committee is concerned that they may not be sufficient in order to address the persisting and deeply entrenched inequality and discrimination faced by the Roma community. As indicated in the Government’s second report submitted by Poland under the Framework Convention for the Protection of National Minorities (ACFC/SR/II(2007)006, 8 November 2007, page 45), a factor hindering the integration of the Roma and preventing them from entering the labour market is their stereotypical and negative image among the non-Roma majority. The Committee requests the Government to provide detailed information on the measures taken to strengthen its efforts to promote equality of opportunity and treatment in employment and occupation of the Roma, including active labour market measures and measures to combat stereotypical and discriminatory attitudes and practices that affect them. Please provide statistical information, disaggregated by sex, on the situation of the Roma in employment and occupation, and their participation in the measures taken to promote their employment.

With regard to other ethnic minorities, the Committee notes that new statistical data will be available following the 2011 national census. The Committee welcomes the Government’s intention to collect information on the situation of the different ethnic groups through the census and trusts that the information collected will be of assistance in analysing the situation of ethnic minority men and women as regards employment and occupation. In the meantime, the Committee requests the Government to continue to provide information on the measures taken to promote respect for non-discrimination and diversity at work, including any promotional activities carried out in cooperation with the social partners in this regard.

Enforcement. The Committee notes the statistical information provided regarding discrimination cases dealt with by the courts. The Committee requests the Government to continue to provide such information, as well as indications regarding the prohibited grounds of discrimination these cases involve. Recalling that the publication and dissemination of court decisions is an effective means of raising awareness of the obligations arising under the equality legislation, the Committee asks the Government to indicate whether information regarding the content and outcomes of these cases are being collected and disseminated.