Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Slovenia (Ratification: 1992)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. The Committee notes the strengthening of legislative protection against harassment and sexual harassment in the Protection Against Discrimination Act of 24 May 2016. The Committee notes the Government’s indication that labour inspectors found a significant number of violations of Section 47 of the Employment Relationships Act (No. 21/13 of 13 March 2013), as amended, concerning the failure of employers to adopt measures to protect workers against sexual or other harassment or bullying in the workplace. The Committee therefore welcomes that an objective of the resolution on the National Programme for Equal Opportunities for Women and Men 2015–20 is the better provision of information and the implementation of the provisions prohibiting sexual and other harassment and bullying in the workplace. The Committee asks the Government to continue to provide information on the steps taken to provide training, information, and guidance to employers, as well as to workers, and the concrete steps taken by employers to prevent and protect against work related harassment.

Articles 2 and 3. Equality of opportunity and treatment for men and women. With reference to its previous comment concerning gender segregation in the labour market and measures taken to promote women’s access to a wider range of jobs and educational and vocational opportunities, the Committee notes the Government’s indication in its report that emphasis has been placed on: promoting the balanced representation of men and women in decision-making positions, including undertaking several surveys; launching a media campaign addressing gender stereotypes and promoting the equal division of care and housework between men and women; and the setting up of a special working group to draw up a draft Act on balanced representation of men and women in decision-making positions. The Committee also notes the adoption of various programmes and plans and the cooperation of numerous ministries to promote equal opportunities between men and women. It notes the adoption of the resolution on the National Programme for Equal Opportunities for Women and Men 2015–20 and the Periodic Plan for its enforcement in 2016 and 2017. In particular, it notes the following Programme objectives for the labour market and employment: to increase the employment rate of women, in particular vulnerable groups of women; to increase the share of women and men in occupations and sectors in which they are under-represented; to better inform men and women about their rights; and, to supervise the implementation of provisions prohibiting discrimination in hiring and in the workplace. The Committee further notes the Partnership Agreement adopted between the Government of Slovenia and the European Commission for the period 2014–20, and the Guidelines of the Managing Authority for the Implementation of the European Union (EU) Cohesion Policy 2014–20, which emphasize the promotion of equality between men and women, non discrimination and accessibility. The Committee asks the Government to provide information, including statistics, on the implementation and impact of the National Programme for Equal Opportunities for Women and Men 2015–20 and the Partnership Agreement with the European Commission 2014–20 with regard to increasing the employment rate of women overall and the employment of men and women in occupations and sectors in which they are underrepresented. It further requests the Government to provide information on the results of the various steps taken and measures adopted to increase women in decision-making positions.

Equality of opportunity and treatment of workers with disabilities. The Committee notes the detailed information provided by the Government on measures adopted to promote training, rehabilitation and access to employment services for persons with disabilities. It notes the Government’s assessment that the quota system of employment of persons with disabilities contributed to the preservation and promotion of their employment in the period of negative economic growth as well as in the period of economic recovery. It also notes that the highest number of discrimination complaints in 2016 were based on the ground of disability. The Committee further notes that the Partnership Agreement adopted between the Government of Slovenia and the European Commission for the period 2014–20, and the Guidelines of the Managing Authority for the Implementation of the EU Cohesion Policy 2014–20, contain measures to promote inclusion of disabled persons and to provide accessibility for disabled persons into programmes and projects implemented within those frameworks. In this regard, the Committee notes that, in its concluding observations, the United Nations Committee on the Rights of Persons with Disabilities (CRPD) welcomed the progress achieved by Slovenia in implementing the Convention. It noted, in particular, the adoption of the Personal Assistance Act, in 2017; the Action Programme for Persons with Disabilities (2014–21); and the Equalization of Opportunities for Persons with Disabilities Act, in 2012. However, it also expressed concerns, inter alia, about the absence of public policies and measures focusing on and prioritizing equality and the protection of persons with disabilities against all forms of discrimination, including the lack of specific legislation and policies regarding the rights of women and girls with disabilities, as well as insufficient measures to address multiple and intersectional discrimination against persons with disabilities (CRPD/C/SVN/CO/1, 16 April 2018, paragraphs 6 and 8). The Committee asks the Government to provide information, including sex-disaggregated statistics, on the measures adopted to promote the inclusion of disabled persons into employment-related programmes and projects and the results achieved. It also asks the Government to disseminate information among persons with disabilities about existing remedies in cases of discrimination, both in the public and private sectors.

Enforcement. The Committee notes the information provided by the Government concerning the labour inspectorate’s findings and the work of the new Advocate for the Equality Principle. It notes that the total number of initiatives and reported cases in 2016 was 68 and that the most commonly alleged discrimination grounds are “disability” (17 cases, or 25 per cent); followed by “gender” (eight cases, or 11.76 per cent) and “age” and “financial situation” (five cases of each, or 7.35 per cent). In 2016 there were no instances of alleged discrimination based on the following circumstances: gender identity, sexual expression, local affiliation. The Committee asks the Government to continue to provide statistics and information on inspections and cases of violations under the discrimination provisions of the Employment Relationships Act of 2013, as well as the Protection Against Discrimination Act of 2016, including any relevant court decision. The Committee also requests the Government to identify the manner in which coordination between the labour inspectorate and the Advocate for the Principle of Equality is accomplished.