Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Brazil (Ratification: 1965)

Article 1(1)(a) of the Convention. Sexual harassment. With regard to the Committee’s previous request, the Government indicates that all bills on equality and non-discrimination in employment currently under consideration contain provisions on sexual harassment. In this connection, the Committee notes that section 2(VI) of the Bill on equal opportunities and treatment for women in employment (PLS No. 136/2011) includes moral, physical, psychological and sexual harassment, as well as patrimonial violence, as forms of discrimination against women. The Committee also notes that, according to the Government, 51 complaints of sexual harassment were lodged with the Ombudsperson for the Protection of Women’s Rights between 2010 and June 2013. The Government adds that, in all cases, claimants were advised to seek assistance from trade unions and to formalize complaints before the Labour Prosecution Service, as well as through complaints mechanisms at the enterprise level. The Committee asks the Government to continue to provide information on any complaints of sexual harassment lodged with the Ombudsperson for the Protection of Women’s Rights or the competent jurisdictions, including on any sanctions imposed and the remedies provided. Please also provide information on any concrete measures adopted to prevent and prohibit sexual harassment at work, as well as to raise awareness of employers, workers and their representatives regarding sexual harassment, and the results achieved. The Committee encourages the Government to take the necessary steps to ensure that the new legislation on equality and non-discrimination in employment provides for a clear definition and prohibition of both quid pro quo and hostile environment sexual harassment, including by co-workers, and protects both men and women from harassment, and requests it to provide information on the progress made in this regard.

Article (1)(b). Sexual orientation. The Committee notes the adoption of the National Plan on the Promotion of Human Rights of Lesbians, Gays, Bisexuals and Transsexuals (LGBT) in 2010. The plan sets out a number of actions to combat discrimination on the basis of sexual orientation, including with regard to access to employment and vocational training. The Committee requests the Government to provide information on the concrete measures taken in the context of the National Plan on the Promotion of Human Rights of LGBT, including initiatives undertaken to combat stereotypes and prejudices with a view to eliminating discrimination on the basis of sexual orientation and sexual identity, and their impact on the integration of LGBT workers in the labour market and their working conditions.

Real or presumed HIV status. The Committee previously noted the adoption of Act No. 1246, of 28 May 2010, providing guidance to enterprises concerning HIV and AIDS; which prohibits any test concerning the seropositive status of employees at the time of admission to employment and when changing jobs. The Committee once again requests the Government to provide information on the implementation of this Act, including on any complaints of violations of the prohibitions to carry out HIV tests brought before the competent authorities, and their outcome.

Persons with disabilities. The Committee notes the Government’s indication that, as a result of the direct action of the labour inspection services, 35,420 workers with disabilities entered the labour market in 2012, compared to 34,395 in 2011. The Government also indicates that, between April 2011 and May 2013, 6,088 apprentices participating in the National Pilot Project of Incentives for the Training of Persons with Disabilities were integrated into the labour market. While welcoming the Government’s indication that the National Pilot Project is currently operational in all 27 federal units, the Committee notes that persons with disabilities accounted for only 0.7 per cent of the total workforce in 2011. The Committee encourages the Government to pursue its efforts to promote equal opportunities for persons with disabilities, including with regard to their integration in the labour market, and to continue to provide information on any measures taken to this end. Please also continue to provide up-to-date statistical information on the participation rates of workers with disabilities in both the public and private sectors.

Article 2. National equality policy. The Committee recalls its previous comments in which it requested the Government to provide specific information on the action taken by the National Committee for Equality of Opportunities on the Basis of Gender, Race, Ethnic Origin, for Persons with Disabilities and to Combat Discrimination; the Secretariat for Policies to Promote Racial Equality; and the National Coordinating Unit for the Promotion of Equality of Opportunity and the Elimination of Discrimination at Work in the context of the national equality policy. The Committee also notes that the responsibilities of the National Committee include monitoring and evaluating the implementation of measures to promote equality and combat discrimination in employment, and requested information on the outcome of such evaluations. Noting that the Government’s report contains no information in this respect, the Committee recalls that the Convention also requires the national equality policy to be effective, and that the results achieved in the implementation of the national policy are being regularly assessed with a view to reviewing and adjusting existing measures and strategies on a continuous basis. Measures to address discrimination in law and practice should therefore be concrete and specific, and should make an effective contribution to the elimination of direct and indirect discrimination and the promotion of equality of opportunity and treatment for all categories of workers, in all aspects of employment and occupation, and in respect to all grounds set out in the Convention (see General Survey on the fundamental Conventions, 2012, paragraphs 844 and 847). The Committee therefore asks the Government to provide detailed information on the concrete measures taken by the bodies referred to above, and the social dialogue bodies of the Ministry of Labour, to promote equality of opportunity and treatment in employment and occupation, with respect to all the grounds covered by the Convention, and the impact of such action. The Committee reiterates its request for information on the outcome of the periodic evaluation of equality policies carried out by the National Committee for Equality of Opportunities on the Basis of Gender, Race, Ethnic Origin, for Persons with Disabilities and to Combat Discrimination, including on any recommendations arising from this assessment.

Promotion of equality of opportunity and treatment for men and women. The Committee notes the information provided by the Government on the measures adopted by the Secretariat for Women’s Policies under the National Plan II for Women’s Policies, as well as the statistical information on the employment, unemployment and participation rates of women. It notes, in particular, the Government’s indication that, between 2009 and 2012, the Secretariat has invested over 26 million Brazilian Reais (BRL) in cooperation agreements with municipal and state governments, as well as non-governmental organizations to improve the employability of women in both rural and urban areas, and that 31,680 women have benefitted from these initiatives. The Committee also notes the adoption of the updated National Plan for Women’s Policies (2013–15) in 2013. The Committee notes further that, while women’s share of unemployment decreased from 58.3 per cent in 2009 to 51.8 per cent in 2011, the employment rate of women has also reduced slightly from 42.6 per cent in 2009 to 42.2 per cent in 2011. With regard to the implementation of the Pro Gender Equity programme, which encourages public and private organizations to adopt measures with a view to eliminating discriminatory practices, the Government indicates that during the period 2011–12 the programme contributed to an increase in the participation of women in high-level positions in participating companies. In 2013, women represented 41.01 per cent of employees in senior executive positions and 34.6 per cent of employees in management positions in the affiliated companies. According to the Government, measures adopted under the Pro-Gender Equity programme include awareness-raising activities targeted at both employers and workers, and implemented at the enterprise level, as well as initiatives aimed at enabling male and female workers to reconcile work and family responsibilities. The Committee notes, however, that the Government also indicates that remuneration levels within affiliated companies have not differed from national figures, which suggests that measures adopted in the context of the programme have not fully addressed wage differentials between men and women. The Committee asks the Government to continue to provide information on the specific measures adopted within the framework of the National Plan for Women’s Policies (2013–15) or otherwise to promote equality of opportunity and treatment between men and women in employment and occupation, and to improve women’s access to the labour market, including detailed information on the impact of such measures and the concrete results achieved.

Article 3(a). Cooperation with social partners. The Committee reiterates its request for information on any collective agreements addressing discrimination or containing clauses that have been deemed discriminatory by the competent authorities.

Article 3(e). Vocational training programmes. The Committee notes the Government’s brief reference to the establishment of the National Programme for Access to Technical Education and Employment (PRONATEC) in 2011. In this connection, the Government also indicated that a large number of women have enrolled in courses offered under the PRONATEC, including courses related to traditionally male-dominated occupations. The Committee asks the Government to provide statistical information, disaggregated by sex, race and colour, on the number of persons benefitting from the vocational training courses offered under the PRONATEC, as well as from the programmes established under the national training plan. The Committee also asks the Government to provide information on the impact of the various vocational training programmes in promoting the employability of groups that have experienced labour market disadvantage, including due to disability, race and colour. Please continue to provide information on any measures and initiatives adopted at the national, state or local level to promote access to employment, training and education.

Part III–V of the report form. Enforcement. The Committee notes the Government’s indication that 42 cases of discrimination on the grounds of sex, origin, race, colour, marital status, age or family situation were reported by labour inspectorates between April 2011 and May 2013. In the same period, labour inspectorates reported 4,592 cases of discrimination on the basis of disability (recruitment and dismissal). The Committee requests the Government to continue to provide information on the number, nature and outcome of cases of discrimination in employment reported and addressed by labour inspectorates or other bodies. Please also provide information on measures taken to build the capacity of those involved in monitoring and enforcement to better identify and address issues related to discrimination in employment and occupation.