Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Georgia (Ratification: 1993)

Legislative developments. The Committee notes with interest the adoption of the Law on Gender Equality on 26 March 2010, which promotes equality between women and men in a range of areas namely: employment; general, vocational and higher education; health care; social protection; family relations; access to information; and in the political sphere. Section 6 expressly prohibits both direct and indirect discrimination in employment, with a specific prohibition of sexual harassment. The Committee also notes that section 7 of the Law guarantees equal access to general, vocational and higher education, and obliges the State to ensure equal conditions in receiving general, vocational or higher education by women and men in all educational institutions “including participation in the implementation of educational and scientific processes”. The Committee asks the Government to provide information on the practical application of the Law on Gender Equality with respect to non-discrimination and equality between men and women in employment and occupation. The Committee also asks the Government to provide information on any cases dealt with by the courts or administrative bodies regarding the application of the Law on Gender Equality. Please also provide information on any measures taken to prevent and address sexual harassment in employment and occupation in practice.

Articles 1, 2 and 3 of the Convention. Prohibition of discrimination. The Committee had previously noted section 2(3) of the Labour Code, which prohibits discrimination “in employment relations”, and asked the Government to indicate whether the provision covered direct and indirect discrimination, and discrimination at the stage of recruitment and selection. The Committee notes the Government’s statement that section 2(3) of the Labour Code, prohibits both direct and indirect discrimination. The Committee also notes that the Government again states that the Georgian legislation protects the population from any kind of discrimination, referring to article 14 of the Constitution, sections 2(3) and (4) of the Labour Code, section 142 of the Penal Code, and non-discrimination provisions contained in a number of other laws. With respect to discrimination at the stage of recruitment and selection, the Committee notes the Government’s statement that the Georgian legislation does not need to be amended since, according to the Government, the Labour Code ensures adequate protection against any kind of discrimination in labour relations including recruitment and selection processes. The Committee further notes that the Government has no information concerning cases lodged before the court under the Labour Code. Noting that the Government again states that the legislation is intended to cover both direct and indirect discrimination in employment and occupation, including discrimination in respect of recruitment and selection, the Committee asks the Government to consider taking steps to clarify the existing non-discrimination provisions of the Labour Code by including a specific definition and prohibition of direct and indirect discrimination at all stages of employment and occupation, including the recruitment and selection stage, and to provide information in this regard. The Committee also asks the Government to take steps to raise the awareness of the judiciary, labour inspectors and other public officials, as well as the public in general regarding the prohibition of direct and indirect discrimination in employment and occupation, and to provide information on any relevant cases addressing discrimination.

The Committee is raising other points in a request addressed directly to the Government.