Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Spain (Ratification: 1967)

The Committee notes the observations of the Trade Union Confederation of Workers’ Commissions (CCOO), received on 11 August 2017, and of the General Union of Workers (UGT), received on 17 August 2017, both also transmitted by the Government, and the Government’s responses.

Article 1 of the Convention. Discrimination based on sex. Sexual orientation and gender identity. The Committee welcomes the qualitative study that was undertaken on discrimination against lesbian, gay, bisexual and transgender (LGBT) persons in the working environment, to which the Government refers in its report. The Committee notes that this study, which was published in 2017 with the title “LGBT persons in employment in Spain: Towards an inclusive working environment with sexual orientation and identity and gender expression”. The report sheds light, among other aspects, on the structural discrimination that finds expression in the means through which workers “conceal” their sexual orientation or identity, and the invisibility of the issue of the discrimination suffered by LGBT persons in plans for equality and in general discussions on equality of opportunity at work. The Committee also notes the indication by the CCOO that the information contained in the study needs to be regarded with care due to the low level of responses obtained. In this regard, the Government indicates that the objective of the study was not to obtain data that can be considered representative on a broad scale, but to obtain an assessment of the principal obstacles to equality and non-discrimination for LGBT persons in employment. The Committee requests the Government to provide information on the measures adopted or envisaged on the basis of the assessment of the employment situation of LGBT persons with a view to addressing discrimination and promoting equality of opportunity for LGBT workers in employment and occupation.

Supervision and enforcement. In its previous comments, the Committee requested the Government to: (i) take measures with a view to collecting statistical information disaggregated by sex and by other grounds of discrimination, including race, colour, religion and national extraction, and to provide information in this regard; and (ii) to continue providing information on the measures adopted by the labour inspection services, and particularly on the number and the nature of the violations detected, any judicial or administrative decisions concerning cases of discrimination, the penalties imposed and compensation granted. The Committee notes the reference by the Government to the study on perceptions of racial and ethnic discrimination by potential victims, published in 2014 by the Council for the Elimination of Racial and Ethnic Discrimination, and the care services for the victims of racial or ethnic discrimination provided by the Council through 87 offices at the state level, 20 regional offices and 67 collaborators. With reference to the compilation of statistical information disaggregated by sex and other grounds of discrimination, the Government indicates that, as a result of inter-ministerial cooperation between the Ministry of the Interior, the Ministry of Employment and Social Security, and the Ministry of Health, Social Services and Equality, new grounds of discrimination have been introduced (sex–gender and ideology) in the Crime Statistics System of the Ministry of the Interior, and a protocol has been developed on action by the state security forces, which classifies penal and administrative measures related to hate crimes.

The Committee also notes the information provided by the Government on the court rulings relating to cases of discrimination and the statistics on the inspections undertaken and the violations identified on the basis of sex and other types of discrimination, including those resulting from inspection campaigns on discriminatory working conditions of migrant workers. The Committee notes that, according to the UGT, it would be necessary to redesign the campaign to identify the areas and sectors in which situations of discrimination occur most frequently. The CCOO considers it necessary to undertake inspection campaigns in sectors in which men and women migrant workers are concentrated, namely agriculture and domestic work. In this regard, the Government refers to the limited material and human resources available, but indicates that the issue may be raised in the Tripartite Advisory Committee on Labour and Social Security Inspection. The Committee also notes the indication by the CCOO that a survey was carried out of 239 foreign men and women workers in the context of the programme “Defending employment with rights for foreign nationals in Andalucía”, which shows that 70 per cent of those covered by the survey suffered some type of discrimination including exploitation at work and that 75 per cent were not aware of the respective social benefits and social and labour rights. With regard to migrant workers, the Committee refers to its comments on the application of the Migration for Employment Convention (Revised), 1949 (No. 97). The Committee requests the Government to continue providing information on any developments relating to the compilation of statistical information disaggregated by sex and other grounds of discrimination, including race, colour, religion and national extraction, and to continue providing information on the number and nature of the violations detected by the labour inspection services, and on any judicial or administrative decisions concerning cases of discrimination, the sanctions imposed and the compensation granted.