Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Italy (Ratification: 1963)

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes the observations of the Italian Confederation of Managers and High-level Professionals (Confederazione Italiana Dirigenti e Alte Professionalità) (CIDA) communicated with the Government’s report.

Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. The Committee recalls that sexual harassment undermines equality at work and that it has consistently expressed the view that sexual harassment is a serious manifestation of sex discrimination and a violation of human rights. Given the gravity and serious consequences of sexual harassment, the Committee wishes to emphasize the importance of taking effective measures to prevent and prohibit sexual harassment at work. The Committee again asks the Government to provide information on the specific measures taken or envisaged to prevent and address both quid pro quo and hostile environment sexual harassment at work, and to indicate the results achieved.

Article 2. Equality of opportunity and treatment for men and women. In its previous comments, the Committee asked the Government to: (1) monitor the application of Legislative Decree No. 8/2016 with a view to ascertaining whether the decriminalization of cases of gender discrimination in employment and occupation has reduced the deterrent effect of the sanctions, and to provide information in this respect; (2) provide information on the application in practice of Act No. 92/2012, Decree No. 243/2012 and Legislative Decree No. 5/2010 and their impact on advancing equality of opportunity and treatment for men and women and addressing gender segregation in the labour market; and (3) supply information on the impact of all the programmes and measures adopted to promote equal opportunities and treatment for men and women in access to employment and occupation, including “Italia 2020”. The Committee notes CIDA’s observations on persisting gender inequalities in the world of work. CIDA indicates, among other matters, that, according to data from Almalaurea (Interuniversity Consortium comprising 75 Universities), five years after completing university education, 60.3 per cent of men obtain a permanent employment contract against 50.1 per cent of women; and the gender pay gap is 18.3 per cent in these cases, with men earning a monthly salary of €1,675 compared to women’s salary of €1,416, all other conditions being equal. CIDA also underscores that 70 per cent of managerial positions are held by men, although progress is being made: according to the data provided by the National Institute for Social Security (INPS) in 2017, women represented 31.7 per cent of managers in the private sector under the age of 35 and 27.9 per cent of managers under the age of 40. The Committee notes CIDA’s indication that there is a need to ensure equal opportunity for men and women starting with the domain of education and professional training. The Committee also notes from the 2017 report on the investigation of national policies for gender equality conducted by the Italian Institute of Statistics (INSTAT) that: (1) women’s rate of completion of tertiary education is higher than men’s, and the drop-out rates are lower for women than for men; and (2) the number of women graduating in techno-scientific fields is lower than men but the gender gap in this regard is lower than the European average. The Committee refers to its comments under the Equal Remuneration Convention, 1951 (No. 100). The Committee once again asks the Government to provide information on the programmes and measures adopted to promote equal opportunities and treatment for men and women in respect of access to employment and occupation and their impact, and also reiterates its request for information on: (i) the monitoring of the application of Legislative Decree No. 8/2016, with a view to ascertaining whether the decriminalization of cases of gender discrimination in employment and occupation has reduced the deterrent effect of the sanctions; and (ii) the application in practice of Legislative Decree No. 198 of 11 April 2006 (National Code of Equal Opportunities between Women and Men) as subsequently amended, and its impact on advancing equality of opportunity and treatment for men and women and addressing gender segregation in the labour market.

Equality of opportunity and treatment irrespective of race, colour or national extraction. In its previous observation, the Committee asked the Government to gather and provide detailed information on the impact of the various initiatives undertaken to combat discrimination and promote equality of opportunity and treatment irrespective of race, colour or national extraction and the main obstacles encountered. The Committee also encouraged the Government to collect data disaggregated by ethnic origin on the distribution of women and men in the labour market in order to better monitor and assess the impact of the measures taken to prevent and address discrimination in employment and occupation based on race, colour and national extraction. It further asked the Government to provide information on the activities of the Centre for research and monitoring of xenophobia and racial and ethnic discrimination (CERIDER) and their results, as well as on the activities of the Office for the Promotion of Equality of Treatment and Elimination of Discrimination based on Race and Ethnic Origin (UNAR) and the outcome of the cases of discrimination processed. The Committee notes the Government’s reference to the 2019 report of the Ministry of Labour and Social Policies concerning “foreigners in the Italian labour market” annexed to the Government’s report, which provides statistical information concerning the occupational distribution and the employment rate of non-Italian workers (which goes from 82 per cent for Filipinos to 16.7 per cent for Ghanaians). The Committee notes from this report that foreign workers represented, in 2018, approximately 10 per cent of the total employed persons, and that 25.5 per cent of households of foreign workers were affected by poverty due to, among other matters, the type of job performed by the foreign workers and the level of remuneration received. The Committee also notes the yearly reports on the presence of migrants in metropolitan cities, referred to by the Government, which provide information on the social and labour integration of migrants. In this respect, the Committee refers to its comments under the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143). The Committee further notes the information about the measures adopted in the framework of various programmes with a view to promoting the labour integration of foreign workers, including, for example: (1) the programme “INSIDE”, which was implemented from 2015 to 2018 and promoted the employment of the participants, mainly of Afghan, Pakistani and Somali origin; (2) the programme “PUOI”, which was launched in 2019 and builds on the achievements and activities of INSIDE; and (3) the Project “PERCORSI” which started in 2016 and targets foreign youth. The Committee notes the Government’s indication that the programme “INSIDE” and the project “PERCORSI” were included in the European Commission database on promising practices for social and occupational integration. The Committee notes, in particular, from the report on the monitoring of “PERCORSI”, that a two-fold action has been undertaken which aims, on the one hand, to provide professional training to foreign youth through apprenticeships, and on the other, to support their labour integration through liaising with the main actors in the labour market. The report puts forward a series of recommendations to strengthen the project, including extending the duration of the apprenticeships beyond the five months currently offered; issuing certifications of the skills acquired to help the search for employment; and improving the match between the participant’s background and aspiration and the type of training opportunity provided. The Committee notes with interest that these recommendations stem from a participatory exercise, based on focus group discussions with the actors concerned, on the monitoring and evaluation of the implementation of measures adopted in the framework of the project. The Committee, however, notes that the information provided by the Government mainly concerns non-Italian nationals. Concerning CERIDER, the Government states that it was created as a subsidiary body of UNAR to carry out a pilot project of a temporary nature and that UNAR continues to undertake its activities to prevent, address and monitor cases of discrimination in the country. In this regard, the Committee notes that, according to the 2018 UNAR report, 2,864 cases of discrimination based on race and ethnic origin were dealt with by UNAR in 2018, representing 70.4 per cent of the total number of cases dealt with, a minority of which concerned the world of work (about 9 per cent of all cases handled). The Committee also notes the awareness-raising activities undertaken by UNAR to combat discrimination. The Committee asks the Government to continue to monitor the impact of the various initiatives undertaken to combat discrimination and promote equality of opportunity and treatment irrespective of race, colour or national extraction, including in respect of Italian citizens. The Committee also asks the Government to provide information in this regard, including any relevant statistical information disaggregated by sex and ethnic origin allowing for the monitoring of progress in addressing occupational segregation and discrimination in remuneration for work of equal value based on the grounds of race, colour and national extraction. Referring to its 2018 general observation on the Convention, the Committee also encourages the Government to build on the participatory exercise mentioned above and consult, wherever possible, the interested groups on the design, implementation, monitoring and evaluation of the measures adopted to promote equality of opportunity and treatment in employment and occupation, irrespective of race, colour and national extraction and to provide information in this respect. The Committee further asks the Government to continue to supply information on the activities of UNAR and the outcome of the cases of discrimination examined.

Roma, Sinti and Travellers. In its previous observation, the Committee asked the Government to: (i) undertake a comprehensive assessment of the progress made to date in addressing the discrimination suffered by Roma, Sinti and Travellers in employment and occupation; (ii) identify the additional measures needed in order to advance further equality of opportunity and treatment for men and women of Roma, Sinti and Travellers groups; (iii) indicate how the implementation of these measures is coordinated and monitored, and supply information on their impact, including information on the results of the pilot initiative undertaken by UNAR to promote access to employment for disadvantaged and discriminated groups and any follow-up envisaged; and (iv) provide information on the National Strategy for the Inclusion of Roma, Sinti and Travellers and the results of the research project on the integration of Roma, Sinti and Travellers carried out by INSTAT and the Department of Equal Opportunities, including any statistical data gathered in this context. The Committee notes the Government’s indication that there is a lack of reliable data on the Roma, Sinti and Traveller population which poses a challenge in addressing the issues faced by this population group. The Government explains that the lack of reliable data is due to the fact that Roma and Sinti people are in the main part self-employed and engaged in an extremely varied range of traditional occupations; some information on the discrimination faced by these groups is, however, captured by UNAR’s annual reports. The Committee notes from the 2018 report by UNAR that, in 2018, out of the total of 2,864 cases of discrimination based on race and ethnic origin treated by UNAR, 424 cases concerned Roma, Sinti and Traveller people. The Committee notes that the Government informs about: (1) the measures adopted in the framework of the National Strategy Against Poverty 2018–2020 in support of the most marginalized segments of the national population, including the Roma, Sinti and Travellers, such as the reddito di cittadinanza (citizens’ basic income) coupled with a customized support to the labour integration of the persons concerned; (2) the numerous measures adopted to promote access to education and to tackle school dropouts among Roma, Sinti and Traveller children, including under the National Project for the Inclusion and Integration of Roma, Sinti and Traveller Children; and (iii) the measures taken under the National Strategy for the Inclusion of Roma, Sinti and Travellers as reported by UNAR, including a number of activities designed to address stereotypes and prejudices against Roma, Sinti and Travellers. The Committee further notes that the Government indicates that UNAR will be studying the feasibility of extending to Italy the approach adopted in Spain with the programme ACCEDER, which has proved to be particularly successful in promoting the integration of the above-mentioned population groups, and consists of a multi-fold action designed to promote Roma, Sinti and Travellers’ access to employment and occupation encompassing, among others, gap-analysis of professional skills, professional training, including internships and apprenticeships, support to develop entrepreneurship, and access to microcredit. The Committee asks the Government to continue to provide information on the measures taken to promote equality of opportunity and treatment of Roma, Sinti and Travellers in employment and occupation. The Committee also asks the Government to provide information, including statistical information, disaggregated by sex, wherever possible, on the results achieved in practice in ensuring access to education, vocational training, employment and occupation, without discrimination, for Roma, Sinti and Traveller persons, as well as in ensuring the enjoyment of equal treatment in respect of terms and conditions of employment. The Committee asks the Government to provide information on measures taken to monitor the progress made and identify any additional adjustments needed in order to advance further on these issues. The Committee also asks the Government to supply information on the implementation of the ACCEDER model, if and when adopted, and on any particular measures adopted or envisaged to tackle the current lack of reliable data on the situation of Roma, Sinti and Travellers in employment and occupation, including by the National Institute of Statistics.

General observation 2018. With regard to the above issues, and in more general terms, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Equality of opportunity and treatment irrespective of disability, sexual orientation and gender identity. In its previous comments, the Committee asked the Government to: (1) identify the specific measures adopted under the National LGBT Strategy and their impact in addressing and preventing discrimination in employment and occupation on the ground of sexual orientation and gender identity; (2) continue providing information on the measures adopted or envisaged to promote equality of opportunity and treatment for persons with disabilities, including the application of Legislative Decree No. 151/2015, and their impact; and (3) provide information on the cases of discrimination processed by UNAR and reported to or detected by labour inspectors, and their outcomes. The Committee notes from UNAR’s 2018 report that, of all cases of discrimination processed by UNAR in 2018, those based on sexual orientation and gender identity represented 7 per cent of the total, and those based on disability represented 5.4 per cent of the total. The Committee also notes from UNAR’s report that a permanent roundtable was established to consult LGBTI+ associations and those associations working in support of LGBT+ persons’ rights with a view to ensuring the exchange of information and the identification of best practices and proposals for action in various domains, including labour. The Committee asks the Government to provide information on any measures adopted following the consultations held with LGBTI+ associations to promote equality of opportunity and treatment for LGBTI+ persons in respect of employment and occupation. It also once again asks the Government to provide information on: (i) the specific measures adopted under the National LGBT Strategy to address and prevent discrimination in employment and occupation on the ground of sexual orientation and gender identity and their impact; (ii) the measures adopted or envisaged to promote equality of opportunity and treatment for persons with disabilities, including the application of Legislative Decree No. 151/2015, and their impact; and (iii) the cases of discrimination in employment and occupation processed by UNAR and reported to or detected by labour inspectors, and their outcomes.

Public administration. In its previous comments, the Committee asked the Government to: (1) provide information on the impact of the three-year plans for affirmative action adopted by the public administration on the advancement of equality of opportunity and treatment, particularly with regard to the access of women to posts and job positions in the public administration in which they are under-represented; (2) identify any specific measures adopted or envisaged by the public administration to prevent and address discrimination based on the other grounds prohibited by the Convention; and (3) supply information on the activities of the “Single Committee to guarantee equal opportunities in the achievement of the well-being of workers and the prevention of discrimination”, including the manner in which this committee cooperates with the National Equality Counsellor. The Committee notes from the report by the Ministry of Economy and Finance on the actions undertaken by the public administration to tackle gender gaps, which was annexed to the Government’s report, that the office of the Presidency of the Council of Ministers and the various Ministries adopted a range of measures designed to promote a better reconciliation of family and work lives for their staff, including the establishment of kindergartens and playrooms, the organization of after-school activities and summer camps, and the arrangement of part-time work. According to the data included in the report, in 2017, in the office of the Presidency of the Council of Ministers, four women and nine men made use of the kindergarten facilities offered, no workers resorted to teleworking, and 67 women, compared to 15 men, used part-time work arrangements. Likewise, for example, in the Ministry of Labour and Social Policies, 78 women and 18 men used part-time work arrangements. The Committee asks the Government to provide information on the measures taken to promote equality of opportunity and treatment between men and women in the public sector more broadly, as well as on any specific measures adopted or envisaged by the public administration to prevent and address discrimination based on the other grounds prohibited by the Convention.

Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes the observations of the Italian Confederation of Managers and High-level Professionals (CIDA) communicated with the Government’s report.

Article 1 of the Convention. Discrimination on the basis of sex. Pregnancy and maternity. In its previous observation, referring to the practice of having workers sign an undated letter of resignation at the time of hiring for future use by employers (licenziamento in bianco) and its disproportionate impact on women with children under three years of age, the Committee asked the Government to: (1) step up its efforts to prevent and eliminate all discrimination against women based on pregnancy and maternity; (2) provide information on the implementation of the specific measures adopted under Legislative Decree No. 80/2015 (for the reconciliation of care, work and family life) and under Act No. 81/2017 (for the promotion of flexible new working arrangements for employees in the public and private sectors), and their impact on reducing the incidence of resignations among working women; and (3) provide information on the impact in this respect of the measures implemented under the three-year plan on affirmative action by the public administration. The Committee notes the information provided by the Government in its report on the measures adopted with the aim of facilitating the reconciliation of family and work responsibilities, including the introduction of allowances for nurseries and a special bonus for the birth or the adoption of a child, as well as updated information on the number of resignations and consensual terminations validated by the labour inspectorate in 2017 and 2018, which concerned working mothers in more than 70 per cent of cases. The Committee also notes the Government’s indication that over the same period there was an increase in cases of resignations and consensual terminations concerning working fathers (15 per cent more in 2017 than in 2016, and 49 per cent more in 2018 than in 2017). The Committee notes that, according to the information provided by the Government, the most frequently stated reason for resignation given by workers continues to be the difficulty of reconciling their work and family responsibilities (36 per cent of the cases validated by the labour inspectorate), with workers mentioning, among other obstacles, the costs of child-care support (babysitters or nurseries), lack of access to kindergartens (that is, the unavailability of child-care facilities in numbers sufficient to meet demand) and the absence of grandparents or other family members who could provide help. In this connection, the Committee notes from the 2018 report of the labour inspectorate on the validation of resignations and consensual terminations that, of 2,062 requests for part-time work or other flexible working arrangements made by the workers concerned, only 423 were accepted by the employer. The same report indicates that the vast majority of cases of resignation and consensual termination (76 per cent) are in the tertiary sector, where women are over-represented.

Noting that family responsibilities continue to represent a major barrier for workers, especially women, to engage in the employment of their choice, the Committee wishes to emphasize that measures assisting workers with family responsibilities are essential to the promotion of gender equality in employment and occupation (2012 General Survey on the fundamental Conventions, paragraph 785). In this regard, the Committee notes from the 2017 report on the investigation of national gender equality policies conducted by the Italian Institute of Statistics (INSTAT), that women face greater difficulties in accessing the labour market because of the burden of family responsibilities and the difficulty of reconciling them with their professional life. The INSTAT report indicates that the employment rate of single women is 81.1 per cent, compared with 70.8 per cent for women living with a partner and 56.4 per cent for women with children. The Committee further notes CIDA’s indication that reconciling family and work responsibilities remains an obstacle particularly for women managers. It also notes from the website of the National Agency for Active Labour Policies (ANPAL) that an international comparative analysis of national policy development for life–work balance was completed in 2019. The Committee therefore once again asks the Government to step up its efforts to prevent and address all discrimination against women based on pregnancy and maternity, in both the private and public sectors, including by adopting measures to promote the reconciliation of work and family responsibilities, ensuring that such measures are available to men and women on an equal footing and encouraging their use by both, and to provide information on the impact of the measures adopted. Noting the adoption on 20 June 2019 of Directive (EU) 2019/1158 of the European Parliament and the Council on work–life balance for parents and carers, the Committee also asks the Government to provide information on the measures taken pursuant to this Directive.

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

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. The Committee reiterates its request to the Government to provide information on the specific measures taken or envisaged to prevent and address sexual harassment in the workplace, including in the framework of the Extraordinary National Action Plan against Sexual and Gender-Based Violence (2015–17), and to indicate the results achieved.

Article 2. Equality of opportunity and treatment for men and women. The Committee notes from the report of the National Office to Combat Racial Discrimination (UNAR) that 62.5 per cent of the cases of gender discrimination received in 2014 concerned employment and occupation. It also notes the results of the 2015 survey on inspection, according to which 1,097 violations of equality of opportunity and treatment between men and women were detected or reported in that year. The Committee notes the Government’s indication that, following the entry into force of Legislative Decree No. 8/2016, numerous labour law infringements punishable with fines have been decriminalized, including those concerning discrimination between men and women at work, while the sanctions for these infringements have been increased. The Committee further notes from the concluding observations of the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) the disproportionately high unemployment rate among women, in particular in the southern regions, and the low percentage of women entrepreneurs compared with men entrepreneurs (CEDAW/C/ITA/CO/7, 24 July 2017, paragraph 37). The Committee asks the Government to monitor the application of Legislative Decree No. 8/2016 with a view to ascertaining whether the decriminalization of cases of gender discrimination in employment and occupation has reduced the deterrent effect of the sanctions, and to provide information in this respect. It also once again asks the Government to provide information on the application in practice of Act No. 92/2012, Decree No. 243/2012 and Legislative Decree No. 5/2010 and their impact in advancing equality of opportunity and treatment for men and women and addressing gender segregation in the labour market. In this regard, the Committee also refers to its comments under the Equal Remuneration Convention, 1951 (No. 100). The Government is furthermore once again requested to supply information on the impact of all the programmes and measures adopted to promote equal opportunities and treatment for men and women in access to employment and occupation, including “Italia 2020”.

Equality of opportunity and treatment irrespective of disability, sexual orientation and gender identity. The Committee notes from UNAR’s report that 8.2 per cent of the cases of discrimination received in 2014 were based on disability and 7.4 per cent concerned discrimination on the ground of sexual orientation and gender identity, 17.2 per cent of which were further aggravated by sexual harassment. The Committees notes from the Government’s report the adoption of the National Lesbian, Gay, Bisexual and Transgender (LGBT) Strategy 2013–15, which includes four areas of intervention, namely work, school, the media, and security and prison services. It also notes that Legislative Decree No. 151/2015 amended the norms regulating the recruitment of persons with disabilities, providing in particular for the introduction of incentives for the recruitment of workers with disabilities and the application of a “quota” not only for new recruitments, but also for the initial workforce. The Committee further notes the initiative “diversità lavoro” (diversity at work) which is directed at promoting access to employment for persons with disabilities by promoting direct contacts with potential employers. The Committee asks the Government to identify the specific measures adopted under the National LGBT Strategy and their impact in addressing and preventing discrimination in employment and occupation on the ground of sexual orientation and gender identity. The Government is also asked to continue providing information on the measures adopted or envisaged to promote equality of opportunity and treatment for persons with disabilities, including the application of Legislative Decree No. 151/2015, and their impact. Further, the Government is asked to provide information on the cases of discrimination processed by the UNAR and reported to or detected by labour inspectors, and their outcomes.

Public administration. The Committee notes the information provided by the Government concerning the three-year plans for affirmative action adopted by the central public administrations. It notes in particular the measures regarding the provision of childcare facilities, the opportunities for teleworking, working time flexibility and the implementation of training programmes through video-conferences aimed at facilitating the reconciliation of work with family responsibilities. The Committee asks the Government to provide information on the impact of the three-year plans for affirmative action adopted by the public administration on the advancement of equality of opportunity and treatment, particularly with regard to the access of women to posts and job positions in the public administration in which they are under-represented. It also asks the Government to identify any specific measures adopted or envisaged by the public administration to prevent and address discrimination based on the other grounds prohibited by the Convention. The Committee once again asks the Government to supply information on the activities of the “Single Committee to guarantee equal opportunities in the achievement of the well-being of workers and the prevention of discrimination”, including the manner in which this committee cooperates with the National Equality Counsellor.

National Equality Counsellor. The Committee reiterates its request to the Government to provide information on the action carried out by the National Equality Counsellor, and its impact, in particular through the implementation of the Charter for Equal Opportunities.

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

Italy (ratification: 1963)

Article 1 of the Convention. Discrimination on the basis of sex. Pregnancy and maternity. The Committee refers to its previous comments on the practice of having the worker sign an undated letter of resignation at the time of hiring for future use by the employer at their convenience (licenziamento in bianco), which affects in particular pregnant women. The Committee notes the Government’s indication that the simplified procedure for resignation that was introduced with Legislative Decree No. 151/2015 did not extend to working parents with children up to three years of age, for which the resignation continues to need the validation of the labour inspectorate to be effective. The Committee notes that, in 2014, the labour inspectorate validated 26,333 resignations and consensual terminations, 85 per cent of which concerned working mothers. The vast majority of these cases were resignations (20,774 out of 22,480) and affected women between 26 and 35 years of age (13,342 cases), confirming a trend previously identified. In 2015, the cases concerning working mothers increased to 25,620, out of which 17,592 concerned women between 26 and 35 years of age. The Committee also notes that the reasons put forward by women for their resignation continue to relate, for the largest part, to the impossibility of reconciling family responsibilities and working obligations due to the lack of available childcare or parental support, the high costs of childcare when available, and the failure to permit part-time work. The Committee notes the adoption of Legislative Decree No. 80/2015, on measures for the reconciliation of care, work and family life, and of Law No. 81/2017, which provides for measures aimed at promoting new flexible working arrangements for employees of the public and private sectors. It also notes the measures directed at promoting the reconciliation of family responsibilities and working obligations that are included in the three-year plans on affirmative actions of the public administrations referred to in the Government’s report. The Committee asks the Government to provide information on the specific measures adopted under Legislative Decree No. 80/2015 and Law No. 81/2017 and their impact on reducing the incidence of resignations among working women. The Government is also asked to provide information on the impact in this respect of the measures implemented under the three-year plan on affirmative action by public administration. Noting that, in light of the disproportionate impact of the practice of the “licenziamento in bianco” on women with children of less than three years of age, the reasons provided by women when validating their resignation may conceal a structural pattern of discrimination against women on the basis of pregnancy and maternity, the Committee also asks the Government to step up its efforts to prevent and eliminate all discrimination against women based on these grounds, and to provide information on the specific measures taken to this end and their impact.

Article 2. Equality of opportunity and treatment irrespective of race, colour or national extraction. The Committee notes from the 2014 report of the Office for the Promotion of Equality of Treatment and Elimination of Discrimination based on Race and Ethnic Origin (UNAR) that 18.8 per cent of all cases of discrimination received by the UNAR in 2014 concerned discrimination at the workplace and more than half of these (53.6 per cent) were based on the grounds of race, colour or national extraction. The Committee notes the Government’s indication that a National Action Plan against Racism, Xenophobia and Intolerance was adopted in September 2015 with the objective of identifying priority areas of intervention to prevent and address discrimination. The Plan envisages monitoring discriminatory practices in key areas through the collection of data over time and addressing cases of discrimination affecting access to education, health and labour, in both the public and the private sectors. While noting the information provided by the Government on the number of initiatives adopted over time to combat discrimination and promote equality of opportunity and treatment, the Committee observes the continued absence of specific information on their practical application and results, and asks the Government to gather and provide detailed information on the impact of the various initiatives undertaken and the main obstacles encountered, allowing the Committee to assess the progress made over time in realizing the objectives of the Convention. To this end, the Committee also encourages the Government to collect data disaggregated by ethnic origin on the distribution of women and men in the labour market in order to better monitor and assess the impact of the measures taken to prevent and address discrimination in employment and occupation based on race, colour and national extraction. Furthermore, the Committee again asks the Government to provide information on the activities of the Centre for research and monitoring of xenophobia and racial and ethnic discrimination (CERIDER), as far as education, training, employment and occupation are concerned, and their results. The Government is also asked to continue to provide information on the activities of the UNAR and the outcome of the cases of discrimination processed.

Roma, Sinti and Travellers. The Committee notes from the UNAR report, that 15.1 per cent of all cases of discrimination received by the UNAR in 2014 concerned Roma people, of which 2 per cent were work-related. It also notes that in 2017, the Institute of Statistics (INSTAT) released a survey of existing data sources concerning Roma, Sinti and Travellers in four municipalities (Naples, Bari, Catania and Lamezia Terme). The report finds that only approximately 38 per cent of the existing sources contain information on the situation of these groups in employment and occupation. The Committee notes that in 2014, the UNAR promoted a pilot initiative to promote access to employment for disadvantaged and discriminated against groups, which targeted beneficiaries from the Roma, Sinti and Traveller communities in four regions, namely Calabria, Campania, Puglia and Sicily. Under this initiative, 123 participants were provided with paid internships from September to December 2014. The Committee also notes the information provided by the Government on the Net-Kard project, which started in 2014 with the objective of disseminating guidelines on how to overcome discrimination against the Roma population. In 2015, the project produced four practical guides on preventing and addressing discrimination against the Roma for law practitioners, media professionals, non-governmental organizations and police services. The Committee further notes that awareness-raising campaigns to combat prejudice against the stereotyping of the Roma, Sinti and Travellers continue to be undertaken within the framework of the DOSTA campaign (Enough! Campaign, in Romani). The Committee notes that no information is provided in the Government’s report concerning specifically the implementation of the National Strategy for the Inclusion of Roma, Sinti and Travellers. The Committee notes from the fourth opinion on Italy of the Advisory Committee on the Framework Convention for the Protection of National Minorities that, according to an assessment made by the European Commission in 2014, the implementation of the Strategy has not progressed significantly and that few concrete results could be demonstrated on any of the four key areas covered by the Strategy (see ACFC/OP/IV(2015)006, 12 July 2016, paragraph 39). In order for the Committee to be in a position to evaluate the results achieved by the various measures taken to promote equality of opportunity and treatment of Roma, Sinti and Travellers in employment and occupation, the Committee asks the Government to undertake a comprehensive assessment of the progress made to date in addressing the discrimination suffered by Roma, Sinti and Travellers in employment and occupation. It also asks the Government to identify the additional measures needed in order to advance further equality of opportunity and treatment for men and women of Roma, Sinti and Travellers groups. The Government is also asked to indicate how the implementation of these measures is coordinated and monitored, and supply information on their impact, including information on the results of the pilot initiative to promote access to employment for disadvantaged and discriminated against groups and any follow-up envisaged. Further, the Government is asked to provide information on the National Strategy for the Inclusion of Roma, Sinti and Travellers and the results of the research project on the integration of Roma, Sinti and Travellers carried out by INSTAT and the Department of Equal Opportunities, including any statistical data gathered in this context.

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

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

National Equality Counsellor. The Committee notes the report of activity for 2012 prepared by the National Equality Counsellor which refers to the judicial and non-judicial activities concerning discrimination, including judgments and conciliation processes, as well as other international and project activities carried out by the Counsellor and different projects developed. The Committee notes in particular the information provided by the Government concerning the implementation of the Charter for Equal Opportunities to which 546 private enterprises and 164 public administrations have already adhered engaging in fighting against discrimination based on gender, disability, race, religion and sexual orientation. This Charter has been implemented since 2011 through regional committees open to multiple stakeholders and covers more than 700,000 workers. The Committee requests the Government to continue to provide information on the action carried out by the National Equality Counsellor, and the impact of this action, in particular the Charter for Equal Opportunities.

Article 2. Equality of opportunity and treatment between men and women. The Committee notes the information provided by the Government concerning the measures adopted to improve access of women to employment as well as for the reconciliation of work and family responsibilities. The Committee notes in particular that: Section 4(12–15) of Act 92/2012 provides for tax incentives for the temporary and permanent employment of women; Section 4(24–25) provides for some provisional and temporary measures (2013–15) which consist of compulsory parental leave of one day accorded to fathers with a possible extension to two more days if the mother decides to return to work before the end of her maternity leave, and a voucher of €300 for babysitting or child care facilities accorded to the working mother during six of the 11 months following the end of compulsory maternity leave; Decree 243/2012 provides for the establishment of a fund for the financing of measures aimed at increasing employment possibilities of young persons and women; the National Equality Counsellor established the Observatory for national and decentralized contracts and time conciliation which gathers examples of good practices in contracting and is a new tool to strengthen women participation in the labour market; the Stability Law (Law 228/2012) entrusts social partners, through collective bargaining, with the establishment of the modalities for the enjoyment of parental leave; the signature on 25 October 2012 between the Government and the regions and provinces of the document “Reconciliation of living and working time for 2012” which provides, among others, for flexible forms of work and the promotion of parental leave for fathers. The Committee also notes the projects implemented by the Department of Equal Opportunities. The Committee asks the Government to provide information on the practical application of these legislative measures, including Legislative Decree No. 5/2010 on equal opportunities and treatment referred to in its previous direct request, and their impact on promoting equality of opportunity and treatment between men and women in employment and occupation, and addressing gender segregation in certain economic sectors and occupations. Please also provide information on the impact of all the programmes and measures adopted to promote equal opportunities and treatment for men and women in access to employment and occupation, including “Italia 2020”.

Sexual harassment. The Committee asks the Government to indicate the specific measures taken or envisaged to address and prevent sexual harassment in the workplace, especially in the south of Italy, and to indicate the results achieved.

Equality of opportunity and treatment irrespective of disability, sexual orientation and gender identity. The Committee notes from the Government’s report that 37 per cent of the complaints of discriminatory acts before the Office for the Promotion of Equality of Treatment and Elimination of Discrimination based on Race and Ethnic Origin (UNAR) refer to sexual orientation and 31 per cent relate to disability. The Committee again requests the Government to provide information on the findings of the report of the working group on equality of treatment and non-discrimination against transsexual and transgender persons in the workplace set up under Directorial Order of 16 November 2010 and on the follow up action taken in this respect. The Committee also requests the Government to provide information on the steps taken to prevent and prohibit discrimination based on disability in employment and occupation.

Public administration. The Committee notes the Report prepared by the Department of Equal Opportunities and the Department of Public Administration concerning the measures for equal opportunities and treatment in public administration for 2011. According to this report women continue to be under represented in managerial positions (14.69 per cent of men compared to only 6.67 per cent women) and organizational position (5.30 per cent of men and 3.64 per cent of women); parental leave is mainly enjoyed by women (70 to 87 per cent depending on the public entity under examination); men participate more in training that help them for career advancement; and there is still little capacity building on issues related to gender. The report further indicates that the great majority of public administrations have drafted triennial plans for affirmative action. The Committee observes, however, that the impact of these triennial plans is not clear. The Committee asks the Government to provide information on the impact of the “triennial plans for affirmative action measures” on promoting the access of women to posts and job positions in the public administration in which they are under-represented. Please also provide information on the activities of the “Single Committee to Guarantee equal opportunities in the achievement of the well-being of workers and the prevention of discrimination” (CUG), including the manner in which these committees cooperate with the National Equality Counsellor.

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

Discrimination on the basis of sex. Pregnancy and maternity. The Committee referred in its previous comments to the “licenziamento in bianco”, namely the practice of having the worker sign an undated letter of resignation at the time of hiring for future use by the employer at his or her convenience and which affects more specifically pregnant women. In this respect, the Committee notes that the Government refers to the adoption of Act 92/2012 of 28 June 2012 on Labour Market Reform, which provides that the resignation by a pregnant woman or by the worker with a child under three years old, has to be validated by the labour inspectorate to be effective. The Committee notes, however, that according to statistics provided by the Government, the labour inspectorate validated 17,681 resignations in 2011 and 19,187 in 2012 which amounts to a 9 per cent increase in one year. According to the Annual report on the validation of resignations of working mothers and fathers, the great majority of these resignations concern women between 26 and 35 years of age and the motive put forward for resignation refers mostly to the impossibility to reconcile family responsibilities and working obligations due to the lack of available childcare or parental support. Noting the high number of resignations of women between 26–35 years, the Committee requests the Government to take additional concrete measures in order to address the issue of resignation without cause of pregnant women and working mothers, and to prevent and eliminate all discrimination against women on the basis of pregnancy and maternity. The Committee requests the Government to continue to provide information on any developments in this respect.

Equality of opportunity and treatment irrespective of race, colour or national extraction. The Committee notes the different activities carried out and measures implemented by the Office for the Promotion of Equality of Treatment and Elimination of Discrimination based on Race and Ethnic Origin (UNAR) to address racial and ethnic discrimination. It notes in particular the activities developed in the framework of the Protocol of intention signed in 2005 and renewed in 2009, with the social partners. The Committee notes, in particular, the decision adopted in 2011 to establish a Centre for the research and monitoring of xenophobia and racial and ethnic discrimination (CERIDER). The Government does not provide, however, specific information on the concrete impact of these measures in the promotion of equality and the elimination of racial and ethnic discrimination, even though many of these activities have already been carried out for a certain period of time. The Committee recalls that the Convention envisages that the results achieved in the implementation of the national equality policy are to be regularly assessed with a view to reviewing and adjusting existing measures and strategies on a continuing basis. Such continual monitoring, assessment and adjustment is required not only of the measures in place to promote equality, but also of their impact on the situation of the protected groups and the incidence of discrimination (see General Survey on the fundamental Conventions, 2012, paragraph 847). The Committee requests the Government to ensure that the impact of the various measures adopted to address discrimination on the basis of race, colour and national extraction is adequately assessed in order to examine the relevance of these measures or the need for their improvement. In this context the Government is asked to monitor closely the impact of the financial and economic crisis and the measures taken to address it on the employment situation of minorities and migrant workers. The Committee also requests the Government to indicate whether the CERIDER has already been established, and if so, to provide information on the activities it has carried out. Please continue to provide information on the activities of the UNAR, including statistics as well as information on its current situation with respect to personnel, budget and means of action.

Roma, Sinti and Travellers. The Committee notes that according to the report of the European Union Agency for Fundamental Rights (FRA), 7 per cent of young Roma women and 1 per cent of young Roma men have never attended school while 63 per cent of Roma women and 71 per cent of Roma men dropped out of school before the age of 16. With respect to employment, according to the report, 9 per cent of women and 13 per cent of men are in paid full time work, while the great majority (71 per cent of women and 74 per cent of men) are self-employed (see Analysis of FRA Roma survey results by gender, September 2013). The Committee notes in this respect the adoption of a National Strategy for the inclusion of Roma, Sinti and Travellers implementing communication No. 173/2011 of the European Commission which contains four main axes of intervention: education, work, health and housing. The Committee notes in this respect that the Commissioner for Human Rights of the Council of Europe welcomed this strategy (CommDR(2012)26 of 18 September 2012) and highlighted the importance of Roma and Sinti genuine participation through adequate mechanisms for its successful implementation. The Strategy, which is in its early implementation phase, favours early school enrolment of children without discrimination and access to university and high education of young people. It also promotes access to training, labour regularization, individualized assistance to Roma women to improve their employment opportunities and access of young workers to employment. The Committee also notes the activities and programmes carried out under UNAR’s monitoring, including those developed in the framework of the Dosta campaign which has been continued in 30 Italian cities for the biennium 2012–13. The Committee further notes the research project between ISTAT and the Department of Equal Opportunities on the integration of Roma, Sinti and Travellers which would conclude in 2014 with the establishment of specific indicators and methodology. The Committee requests the Government to continue to take measures in order to address discrimination and promote social inclusion of Roma, Sinti and Travellers communities. The Committee requests the Government to provide information on: the impact of the National Strategy for the inclusion of Roma, Sinti and Travellers, in particular with respect to their access to training and employment opportunities; the impact of all the activities carried out throughout the country implementing the Dosta campaign; and the results of the research project on the integration of Roma, Sinti and Travellers carried out by ISTAT and the Department of Equal Opportunities as well as the indicators and statistical data gathered.

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

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes the observations of the Italian General Confederation of Labour (CGIL) received on 30 September 2011 and of the Italian Union of Labour (UIL) received on 5 October 2011, as well as the Government’s reply received on 7 November 2011.

Articles 1 and 2 of the Convention. Equality of opportunity and treatment for men and women. Legislative developments. The Committee notes with interest the adoption of various legislative measures to promote gender equality: Legislative Decree No. 5 of 25 January 2010 regarding the “Implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast)”, which modifies and supplements Legislative Decree No. 198 of 11 April 2006 (Equal Opportunities Code), redefines direct and indirect discrimination (sections 25 and 28), and provides for new penalties on employers for non-compliance (section 41(2)) and for specific forms of protection, both of a conciliation and judicial character, entrusted to the National Equality Counsellor (section 37). Furthermore, the legal protection granted to victims of discrimination is extended to those subject to prejudice or reprisals from the employer for having defended a victim of gender discrimination (section 41bis). Furthermore section 46 of Act No. 183 of 4 November 2010 on the delegation of powers to the Government concerning a number of areas requires the Government to adopt one or more legislative decrees to reform the legislation on women’s employment, including the provision of incentives and tax relief aimed at increasing the female employment rate and at achieving a work–life balance (section 46(b)) and the establishment of systems for the collection and processing of data so as to assess gender discrimination including remuneration (section 46(g)). In addition, Legislative Decree No. 70 of 13 May 2011, amended and converted into Act No. 106 of 12 July 2011, provides for incentives to employers recruiting “disadvantaged” workers in the southern regions of the country, including workers without regular employment for the previous six months and workers employed in highly gender-segregated sectors or professions. These measures target, inter alia, the re-entry of women into the labour market and their access to sectors employing a predominantly male workforce. The Committee asks the Government to provide information on the practical application of these legislative measures, including their impact on promoting equality of opportunity and treatment between men and women in employment and occupation, and addressing gender segregation in certain economic sectors and occupations.

Sexual harassment. The Committee notes the observations by UIL, referring to section 21 of Act No. 183/2010, that sexual harassment continues to affect women more than men, both Italian and foreign, especially in certain geographical areas. According to ISTAT data collected in a survey of 2008–09, those most exposed to sexual harassment at work were women who live in the centre of metropolitan areas (64.9 per cent) and in neighbouring municipalities (58 per cent). The phenomenon is more widespread in the southern regions. The Committee asks the Government to indicate the specific measures taken or envisaged to address and prevent sexual harassment in the workplace, especially in the south of Italy, and to indicate the results achieved.

Article 1(1)(b). Non-discrimination and equality of opportunity and treatment irrespective of sexual orientation and gender identity. The Committee notes from the Government’s report that pursuant to the Directorial Order of 16 November 2010, a “working group on equality of treatment and non discrimination against transsexual and transgender persons in the workplace” was set up to provide advice and make proposals defining targeted measures and action programmes. The Committee also notes that the working group’s tasks include the drafting of a report on the situation of transsexual persons in access to work and conditions of work. In this regard, the Committee notes the observations by UIL referring to research undertaken by ISTAT and UNAR, and a national survey “I am, I work” by Arcigay on discrimination at work against homosexuals, lesbians and transsexuals. The Committee asks the Government to provide information on the findings of the report of the working group, as well as any other research undertaken in this area, and on any follow-up action taken.

Disability. The Committee notes that UIL considers that the provisions in Act No. 183/2010 prohibiting direct and indirect discrimination should be improved to include disability. The Committee asks the Government to provide information on any steps taken to prevent and prohibit discrimination based on disability in employment and occupation.

Public administration. The Committee notes that Act No. 183/2010 provides for measures to guarantee equal opportunities in the workplace, the well-being of workers and the absence of discrimination in public administrations (section 21). The Act also provides for the establishment within each administration of a “Single Committee to Guarantee equal opportunities in the achievement of the well-being of workers and the prevention of discrimination” (CUG), composed jointly of representatives of workers’ organizations and representatives of the administration concerned, with powers of recommendation, consultation and verification. The CUG is to work in close collaboration with the National Equality Counsellor. The Committee further notes from the Government’s report that in 2009, in central public administrations, women represented 41.6 per cent of the public employees while they accounted for 63 per cent of the staff employed in regional or local administrations. In central administrations, women represented 57.3 per cent of the university staff and 56 per cent of the staff in social security institutions, while in the regional and local public services, women were found to predominate in local health authorities (66.5 per cent of the staff) and in municipalities of more than 100,000 inhabitants (65.9 per cent). Women are still under-represented in managerial positions (23 per cent of level I executive positions in central administrations). With respect to triennial plans of action promoting the access of women in sectors where they are under-represented, the Government indicates that in 2009, plans had been prepared by 32 out of 65 central administrations and 101 out of 104 local or regional public administrations. The Committee asks the Government to provide information on the specific impact of triennial plans and affirmative action measures on promoting the access of women to sectors and job positions in the public administration in which they are under-represented, and on the distribution of men and women in the various positions in the public administration. Please also provide information on the activities of the CUG, including the manner in which these committees cooperate with the National Equality Counsellor.

Workers with family responsibilities. Further to its observation, and with respect to the funding of company projects adopting measures to meet the needs of workers with family responsibilities, in accordance with section 9 of Act No. 53/2000, the Committee notes that women remain the principal beneficiaries of such projects, accounting for 83 per cent of the beneficiaries between 2007 and 2009. The Committee further notes that based on the mixed results of such projects in impacting positively work–life balance, “Italia 2020” calls for the revamping of the legal framework of the projects through the revision of the qualifying criteria and the modalities of financing. The Committee asks the Government to provide information on the practical application of “Italia 2020” and to continue to provide information on the company projects implemented pursuant to section 9 of Act No. 53/2000.

Affirmative action. With respect to affirmative action within the meaning of section 43 of Legislative Decree No. 198/2006, the Committee notes that in 2010, 212 demands for financing of such projects were submitted, 21 of which were approved. Based on the annual objective formulated by the National Committee for the Implementation of the Principle of Equality of Opportunity and Treatment between Men and Women (National Equality Committee), affirmative action projects for 2010 focused on stimulating the entry or re-entry of women into the labour market, promoting their access to senior positions, strengthening support to female entrepreneurship and adopting new practices as regards performance evaluation and work–life balance. The Committee asks the Government to continue to provide information on the implementation of such projects, and their impact on promoting substantive gender equality in the labour market.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes the observations of the Italian General Confederation of Labour (CGIL) received on 30 September 2011 and of the Italian Union of Labour (UIL) received on 5 October 2011, as well as the Government’s reply to these communications received on 7 November 2011.

Articles 1 and 2 of the Convention. Discrimination on the basis of sex. Pregnancy and maternity. The Committee notes the observations made by the CGIL that with the repeal of Act No. 188 of 17 October 2007 by Act No. 112 of 25 June 2008, workers are no longer offered protection against resignations without cause (licenziamento in bianco), that is the practice of having the worker sign an undated letter of resignation at the time of hiring for future use by the employer at his or her convenience. According to the CGIL, such practice affects more specifically pregnant women who are de facto dismissed due to their pregnancy. The Committee also notes the UIL’s observations that discrimination against women on the basis of pregnancy and maternity is still widespread. In its reply, the Government indicates that Act No. 188/2007, which provided for the compulsory use of a resignation form approved by the administration, proved incomplete and difficult to implement. It also points out that a study group composed of labour inspectors and equality counsellors was set up by Directorial Decree No. 241 of 12 January 2009 to develop more appropriate procedures for the resignation of working mothers and that pursuant to the Ministerial Circular of 26 February 2009, a procedure for such resignations was finalized where labour inspectors are required to verify the reality of the intention to resign in order to validate the resignation, and to collect relevant data, to be included in an annual report for statistical purposes. The Government adds that in 2010, the labour inspectorate validated 19,017 resignations for maternity reasons (17,676 in 2009) and rejected 30 (29 in 2009). Infringements of the legal provisions protecting working mothers rose from 306 in 2009 to 1,280 in 2010 (an increase of 215 per cent). The Government also indicates that motives for resignation refer mostly to the impossibility to reconcile family responsibilities and working obligations due to the lack of available childcare or parental support. The Committee asks the Government to provide information on any further action taken to assess and address the issue of resignations without cause of pregnant women and working mothers. Considering the significant increase in infringements of the legislation on the protection of pregnancy and maternity at the workplace, the Committee asks the Government to examine whether there is a need for further action to prevent and eliminate such types of discrimination.

Equality of opportunity and treatment between men and women in access to employment and occupation. Family responsibilities. Further to the above, the Committee recalls that measures assisting workers with family responsibilities are essential to promote gender equality in employment and occupation. The Committee notes from the Government’s report the various measures taken to address work–life balance issues and strengthen childcare services, including the “National Strategic Framework for the Supplementary Regional Policy 2007–13”, the “Programme of Action for the inclusion of women in the labour market – Italia 2020” and the “Third Plan of Action and Intervention to safeguard the rights and development of children”, approved by the Presidential Decree of 21 January 2011. It also notes the Mutual Agreement on actions to support work–life balance policies, concluded on 7 March 2011 by the Ministry of Labour and Social Policies and the social partners, which contains a commitment of the social partners to address work–life conciliation issues in collective bargaining at regional and national level. The Committee, however, notes the observations of the UIL concerning the wide regional disparities in the development of childcare facilities and the high fees for child day care, forcing women to quit their jobs to take care of their child or children. The CGIL also questions the impact of the results achieved under some of the programmes. While acknowledging the marked differences between North and South in childcare coverage, the Government indicates that there has been some impact under the Third Plan and that results will be assessed in full in the next few years. Recalling that in 2009, the employment rate of women stood at 46.3 per cent overall and 30.7 per cent in the southern part of the country, and noting the measures to facilitate the reconciliation of work and family life, such as the plan “Italia 2020”, the Committee requests the Government to monitor the impact of these measures on the number of women that are resigning from work or face obstacles in accessing employment due to difficulties in combining work and family responsibilities, and provide information on the results achieved. The Government is also requested to provide information on any measures taken or envisaged, and results achieved, with a view to addressing more specifically the sustainable integration of women in the labour market, including measures to promote a more equal balancing of family responsibilities between men and women workers as well as a greater awareness of the subject at enterprise level.

Non-discrimination and equality of opportunity and treatment irrespective of race, colour or national extraction. The Committee previously noted a number of measures taken by the Government to address racial and ethnic discrimination, including against foreign workers, and had requested information on the specific impact of these measures, as well as any results achieved to promote a diverse workplace free from discrimination. The Committee notes that assistance and support service to victims of racial discrimination of the Office for the Promotion of Equality of Treatment and Elimination of Discrimination based on Race and Ethnic Origin (UNAR) has been fundamentally restructured through the launching of an online access point and that activities to provide advice, training and technical assistance to persons involved in combating discrimination, including local networks organized by regional administrations, have continued. The Government indicates that the number of cases of discrimination reported increased from 243 in 2009 to 540 in 2010, of which 11.3 per cent concerned workplace discrimination (16.6 per cent in 2009); the large majority of the complaints registered were lodged by foreigners (63.4 per cent). In this regard, the Committee notes that the UIL, while acknowledging the initiatives by UNAR, draws attention to the fact that immigrants very often continue to be victims of discrimination with respect to access to employment and in the workplace, which they rarely report. Those most affected are persons of African and Asian origin, ethnic minorities and especially women belonging to these categories returning to work. The UIL, while acknowledging that the situation in Italy is complex, considers that effective intervention increasingly requires regulatory and enforcement measures, institutions equipped with sufficient resources and greater awareness of the problem, especially in times of economic recession during which a tendency may exist to attach lower priority to policies aimed at combating discrimination and promoting greater awareness of workers’ rights. With regard to other observations made by the CGIL and the UIL regarding the situation of migrant workers, the Committee will address these issues in the context of the Migration for Employment Convention (Revised), 1949 (No. 97), and the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143). The Committee asks the Government to provide specific information on the concrete impact of all measures taken to promote equality irrespective of race, colour and national extraction, and to promote a diverse workplace free from racial and ethnic discrimination, as well as to provide information, including statistics, concerning the activities of UNAR. The Committee hopes that the Government will make every effort to ensure that the action taken and progress achieved to address racial and ethnic discrimination against certain minorities, including migrant workers, will not be adversely affected, and asks the Government to monitor carefully the impact of the austerity measures on the employment situation of these groups who are particularly vulnerable to the impact of the economic crisis, and to indicate the specific measures taken in this regard.

Roma, Sinti and Travellers. The Committee notes the information provided by the Government that UNAR has pursued its activities aimed at eliminating stereotypes against the Roma, Sinti and Travellers’ communities, at promoting their cultural heritage and at fostering mutual understanding, including through the further implementation of the Dosta Campaign. A project for the “Promotion of the governance of policies and tools for social inclusion and fight against discrimination of Roma, Sinti and Travellers’ communities” is also envisaged under the European Social Fund, and particularly aims at supporting southern region authorities in this area. Furthermore, the Third Biennial Plan of Action and Interventions for the Protection of Rights and Development of Children aims at preventing educational segregation of minors, including Roma, Sinti and Travellers’ children, through specialized courses and vocational training, sensitizing the teaching profession to intercultural and equality issues and strengthening the role of descendants as cultural mediators. The Committee notes in this regard that the CGIL and the UIL, while acknowledging the action taken by the Government to raise awareness of Roma culture and address stereotyping and prejudice against Roma, consider that stereotypes and xenophobic and racist prejudices vis-à-vis the Roma and Sinti populations still prevail, and that further action is needed. The UIL, referring to the “Final report of the survey of conditions of Roma, Sinti and Travellers in Italy” by the Special Commission for the protection and promotion of human rights of the Senate of the Republic (9 February 2011), also draws attention to the difficulties in implementing plans to support education and employment for these populations due to the lack of accurate data on their numbers. The Committee further notes that the High Commissioner for Human Rights of the Council of Europe once again reiterated its call for the adoption and implementation of a national strategy for the integration of Roma and Sinti, focusing much more on social inclusion, non-discrimination and combating “anti-gypsyism” and less on coercive measures, that would provide coherence with and support efforts at regional and local level (CommDH (2011) 26, paragraphs 40–43, 7 September 2011). Furthermore, the Committee notes that, in its concluding observations, the United Nations Committee on the Elimination of Discrimination Against Women (CEDAW), expressed concern about the high dropout rates of Roma and Sinti girls from school and women and girls being subject to multiple forms of discrimination with respect to accessing education, health and employment (CEDAW/C/ITA/CO/6, 2 August 2011, paragraphs 24 and 52). The Committee requests the Government to intensify its action towards addressing discrimination and promoting social inclusion of Roma, Sinti and Travellers’ communities, with a view to improving their access to employment and occupation, and their participation in education and training programmes, and to consider adopting an appropriate legal and policy framework addressing fully the obstacles to the integration of such minorities. The Committee also asks the Government to take the necessary steps to collect and analyse accurate data, disaggregated by sex, on the employment and education situation of the Roma, Sinti and Travellers’ communities in the country, and report on the results achieved.

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

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Articles 1 and 2 of the Convention. Equality of opportunity and treatment for men and women. Legislation.  The Committee notes with interest the amendments to Legislative Decree No. 198/2006 on equal opportunities between men and women, regarding the prohibition of discrimination and instruction to discriminate on the ground of sex, legal protection with respect to access to goods and services, and the right of representative associations and organizations to submit claims. It also notes the amendments to the Single Act on maternity and paternity providing for maternity and paternity leave in the case of adoption, and concerning rights of workers returning from maternity leave. The Committee further notes that the legislative Decree introducing Directive 2006/54/EC on the equal implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast) will involve comprehensive amendments to make existing legislation more structured and to clarify and specify the powers and functions of the equality bodies. The Committee requests the Government to provide information on the practical application of the new provisions on promoting equality of opportunity in employment and occupation, and to continue to provide information on further legislative developments regarding equality of opportunity and treatment between men and women in employment and occupation.

Public administration. The Committee recalls the Directive of 23 May 2007 regarding measures to implement the principle of equal opportunity between men and women in the public administration. It notes from the Government’s report that, out of the 24 administrations, 58 per cent had prepared a triennial plan to promote the access of women in sectors where they are under-represented, in accordance with section 48 of Legislative Decree No. 198/2006. The preparation of plans appeared to have been most successful among national social security institutions, while only three ministries and only three public universities had prepared a triennial plan. Some administrations have not adopted triennials plans, but have taken measures to identify specific affirmative action in their own area. The Committee further notes, from the 2006 data provided on the employment of women in public administration, that women were found to predominate in school teaching (79 per cent of the staff) and in the prison service (58.9 per cent of the staff); they also represented only 38.9 per cent of managerial staff. The Committee requests the Government to provide detailed information, including up-to-date statistics on employment since 2006, showing the impact of triennial plans and affirmative action measures on promoting access of women to sectors and posts in which they are under-represented. Please continue to provide information on the implementation of the abovementioned directive of 2007 and section 48 of Legislative Decree 198/2006, and to provide statistical information on the distribution of men and women in the various positions in the public administration.

Workers with family responsibilities. The Committee notes that section 9 of Act No. 53 of 8 March 2003, providing for subsidies for enterprises adopting measures to meet the needs of workers with family responsibilities, was amended with a view to extending the scope of persons covered and the actions eligible for funding. The Committee notes that demands for the financing of such projects have continued to increase and that, in 2007, 232 projects were submitted, of which 142 were ultimately approved; 292 projects were submitted in 2008. The Committee also notes that the majority of the projects continue to be implemented in the northern and central regions and that, in 2007 and 2008, women accounted respectively for 65 and 70 per cent of the beneficiaries (compared to 80 per cent in 2006). The Committee requests the Government to continue to provide information on the projects implemented in accordance with section 9 of Act No. 53 of 8 March 2003, and to indicate any measures taken to promote a more equal balancing of family responsibilities between men and women workers as well as a greater awareness of the subject at enterprise level, especially in southern regions.

Non-discrimination and equality of opportunity and treatment irrespective of race, colour, and national extraction (migrant workers). The Committee notes the information in the Government’s report regarding the complaints received in 2008 through the call centre of the Office for the Promotion of Equality of Treatment and Elimination of Discrimination based on Race and Ethnic Origin (UNAR). It notes that UNAR pursued 339 cases of discrimination or ethnic or racial harassment, and that the majority of the complaints originate from the centre-north of Italy, which, according to the Government, is due to the disparity between the industrialized and services-oriented centre-north and the areas in the south of Italy, characterized by a high number of migrant workers passing through and a significant number of foreign workers in an irregular situation. The Government further indicates that 39.4 per cent of foreigners who complain to the UNAR’s helpline originate from the African continent, 24.4 per cent from Eastern Europe, 12.3 per cent from South America and 5 per cent from Asia; the largest number of complaints (22.1 per cent) concern workplace discrimination. The Committee notes the Government’s indications that complaints regarding different treatment of immigrants mainly relates to difficulties in accessing the labour market (32.1 per cent), conditions of work (23.2 per cent) or bullying (19.6 per cent). According to the Government, fear of losing their job drives immigrants to put up with aggression and harassment of all kinds. The UNAR has encountered a worrying incidence of discriminatory acts against workers who, because of their ethnic or racial origin, are subjected to disadvantage and harassment.

The Committee notes the information in the Government’s report on the initiatives by the UNAR aimed at preventing racial discrimination, including sensitization campaigns and training courses, annual career forums on “Diversity in Work”, a tool kit on “Multiculturalism for the Firm”, and the pilot project in Triveneto (which ended, however, in 2006). The Committee also notes from the Government’s report on the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143), that some measures were taken in 2009 to render the UNAR more efficient and effective, such as the conversion of the call centre into a contact centre and the establishment of territorial anti-discrimination networks which should improve detection, monitoring and enforcement of cases of racial discrimination. The report also indicates that UNAR issued a public notice in October 2009 to promote positive action in order to prevent or compensate for disadvantages linked to racial and ethnic origin. The Committee further notes that the Department of Equal Opportunities and the National Statistics Institute are conducting during 2009–11 the first multipurpose survey on discrimination based on gender, sexual orientation and gender identity and ethnic origin. A new Memorandum of Intent between the UNAR and the social partners was concluded on 19 May 2010 concerning a programme of measures to combat racial discrimination in the workplace. The Committee requests the Government to indicate the specific results achieved by all the abovementioned measures taken to address racial and ethnic discrimination, including against foreign workers, and promote a diverse workplace free from racial and ethnic discrimination. The Committee also requests the Government to provide information on any affirmative action measures taken to address the disadvantaged position of certain groups of the population due to racial or ethnic discrimination, and detailed information on the results achieved. Please continue to provide information on the number and nature of the discrimination cases brought to UNAR’s attention, and those dealt with by the courts.

Roma population. The Committee notes from the Government’s report that specific programme agreements were signed with the regional administrations most affected by the presence of the Roma population, under which it is proposed to use apprenticeship and vocational training, vocational information, guidance and support services and training of Roma culture mediators in order to develop guidance, information and work support. Activities will also involve awareness raising in the workplace. Measures have also been adopted to promote educational inclusion for Roma children. The Committee further notes the launching by UNAR of the Dosta Campaign aimed at dispelling stereotypical and prejudicial attitudes towards the Roma, Sinti and travellers’ communities. The Committee requests the Government to supply detailed information on the specific activities undertaken under the social inclusion programmes for the Roma, and on the results achieved with respect to improving their access to employment and occupation, and participation in education and training programmes. Please also provide information regarding any developments with respect to a draft law on the protection of the Roma and the possibility of including Roma minorities among the minorities safeguarded by Law No. 482/1999 on Linguistic and Historical Minorities, referred to in the Committee’s previous direct request.

Article 5. Special temporary measures. With respect to the promotion of affirmative action within the meaning of section 43 of Legislative Decree No. 198/2006, the Committee notes that in July 2008 the National Committee for the Implementation of the Principle of Equality of Opportunity and Treatment between Men and Women (National Equality Committee) elaborated a programme setting out the types of affirmative action projects it is intended to implement. During 2008, the National Equality Committee examined 682 applications for financing, submitted by a wide range of actors, and approved 41 affirmative action projects. The Committee further notes that a Memorandum of Intent was signed between the Department of Equal Opportunities and the National Law Council aimed at promoting equal opportunities in the legal profession, including developing affirmative action with a view to providing equal opportunities in access to and pursuit of professional activities. The Government indicates that much of the action undertaken will be extended to other liberal professions. The Committee requests the Government to supply additional information on the type of affirmative action projects that have been approved, as well as on the results achieved under the programme of the National Equality Committee. Please also provide information on the implementation of the memorandum aimed at promoting equal opportunities in the legal profession, and any activities extended to other liberal professions.

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

Articles 1 and 2 of the Convention. Equality of opportunity and treatment for men and women. Legislation. The Committee notes the adoption of Legislative Decree No. 198 of 6 April 2006 enacting the Act on Equal Opportunities between Men and Women which consolidates previous legislation on the subject, including legislation specifically concerning gender equality at work, that is now contained in Part III of the Act. The Committee also notes that the transposition of Directive 2006/54/CE on equal opportunity and treatment between men and women in employment and occupation is currently under discussion. The Committee requests the Government to continue to provide information on any further legislative developments regarding equality of opportunity and treatment between men and women in employment and occupation.

National policy. The Committee notes that under the Act on Equal Opportunities between Men and Women, the National Committee for the Implementation of the Principle of Equality of Opportunity and Treatment between Men and Women shall elaborate a general goal-setting programme encompassing positive action aimed at eliminating gender discrimination in education, training, access to work and promotion, as well as overcoming job segregation based on gender through both the promotion of diversification in education and training and the participation of women in sectors and positions where they are under-represented. The Committee requests the Government to supply information on the adoption and implementation of these programmes, including information on the extent to which the Commission for Equal Opportunities between Men and Women, public and private employers, training centres, and trade unions have participated in promoting positive action in accordance to section 43 of the Act.

Public administration. The Committee recalls its previous comments regarding section 7 of Legislative Decree No. 196/2000 providing that the public administration must prepare triennial plans to promote the access of women in sectors where they are under-represented. It notes that this provision was incorporated into section 48 of the abovementioned Act on Equal Opportunities between Men and Women (Legislative Decree No. 198 of 6 April 2006). Section 48 also provides that public administration institutions recruiting or promoting male employees shall adequately motivate their choice. The Committee notes that according to the findings of the working group established to assess the implementation of this provision, only 25 per cent of the administrative institutions covered by the survey – involving only 13 regional and 55 provincial institutions – adopted an action plan. In most cases, action plans focused on the promotion of a greater harmonization between work and life. However, the Committee notes that women are still under-represented in senior positions and although women employed in the public administration amount to 54 per cent of the total employees, they only receive 29 per cent of the total remuneration paid. In this regard, the Committee notes that, on 23 May 2007, a directive regarding measures to implement the principle of equal opportunity between men and women in the public administration was issued jointly by the Ministry for Reforms and Innovations in Public Service and the Ministry for Equal Rights and Opportunities. This directive calls for the adoption of positive measures to address current gender imbalances, including promoting women’s training, the collection of statistical information on the distribution of men and women in the various positions, and sensitization campaigns aimed at overcoming traditional stereotypes on women’s role in society. The Committee requests the Government to continue to provide information on the adoption and implementation of triennial action plans in the public administration, notably the results so far achieved in promoting equality of opportunity and treatment between men and women workers. It also requests the Government to supply information on the implementation of the abovementioned directive and to provide the statistical information on the distribution of men and women in the various positions in the public administration.

Workers with family responsibilities. The Committee recalls its previous comments on section 9 of Act No. 53 of 8 March 2003, providing for subsidies for enterprises adopting measures to meet the needs of workers with family responsibilities, such as flexible working time and training to facilitate the reintegration of workers after a career interruption. The Committee notes from the Government’s report that demands for the financing of such projects steadily increased from 2001 to 2006. In 2006, 205 project proposals were received and 99 were ultimately approved and a subsidy was provided. The Committee also notes that these projects were mainly implemented in the northern and central regions (about 70 per cent of the financed projects) and more than 80 per cent of the workers benefiting from them were women. The Committee requests the Government to continue to provide information on the projects implemented in accordance with section 9 of Act No. 53 of 8 March 2003. The Committee also encourages the Government to take adequate measures to promote a more equal balancing of family responsibilities between men and women workers as well as a greater awareness of the subject at enterprise level, especially in southern regions, and to provide information in this regard.

Sexual harassment. The Committee notes that on 20 March 2007, the Supreme Court delivered a ruling on sexual harassment holding that a worker sexually harassing a colleague can be legitimately dismissed. As regards the codes of conduct on sexual harassment applicable to the employees of the Ministry of Labour and the Ministry of the Interior, the Committee notes that both codes establish internal complaints procedures. The Committee requests the Government to continue to provide information on relevant case law concerning sexual harassment as well as on any complaints and disciplinary action taken in the application of the codes of conduct.

Equality of opportunity and treatment irrespective of race, colour, religion and national extraction. The Committee notes the Government’s indication that during the reporting period the Office for the Promotion of Equality of Treatment and Elimination of Discrimination based on Race and Ethnic Origin (UNAR) carried out a number of initiatives aimed at preventing racial discrimination, including sensitization campaigns, conferences, seminars and competitions addressed to primary and secondary schools, as well as awareness-raising programmes focusing on existing legislation. The Committee also notes that conciliation undertaken by the UNAR, under section 7 of Legislative Decree No. 215/2003, contributed to ending discriminatory practices and, in some cases, could also address the adverse effects stemming from them; the UNAR also assisted victims of discrimination to bring complaints before the courts. The Committee requests the Government to continue to provide information on the sensitization activities and legal assistance carried out by the UNAR and the outcome thereof, including information on the nature of the cases brought to the UNAR’s attention. The Committee also requests the Government to provide information on the initiatives taken by the associations that have legal standing in racial discrimination cases.

Recalling the high level of discrimination experienced by Moroccan workers in obtaining jobs as highlighted by an ILO International Migration Paper (Paper No. 67-1, ILO, 2004)), the Committee notes that on 8 July 2007, the Governments of Italy and Morocco signed an Executive Protocol to the 2005 Bilateral Agreement on Employment. The Protocol stipulates, among other things, that training courses and Italian language teaching shall be organized in Morocco for candidates for the Italian labour market. The Committee also notes from the Government’s report that the immigration population, currently amounting to approximately 4.7 per cent of the Italian population as a whole, also includes workers from countries such as Romania, Albania, China and the Ukraine. The Committee notes the concerns expressed by the Committee on the Elimination of Racial Discrimination over the situation of undocumented migrant workers, especially from Africa and Eastern Europe, who are increasingly reported facing serious violations of human rights, including debt bondage (CERD/C/ITA/CO/15, March 2008, paragraph 17). Drawing the Government’s attention to the continuing need to take adequate measures to protect all migrant workers, including undocumented migrant workers, from discriminatory practices in employment and occupation based on race, colour, religion, or national extraction, the Committee requests the Government to indicate the measures taken or envisaged in this respect.

The Committee notes from the Government’s report that a draft law on the protection of the Roma is currently under consideration. Further, the possibility of including Roma minorities among the minorities safeguarded by Law No. 482/1999 on Linguistic and Historical Minorities is being discussed. The Committee requests the Government to supply information on any further developments in this regard. Please also indicate the measures taken or envisaged to promote a greater participation of Roma people in the labour market, including measures aimed at improving their access to education and training programmes.

Parts III to V of the report form. Please provide statistical information on the distribution of workers in the labour market disaggregated by sex and, to the extent possible, by race, colour and national extraction, as well as information on the monitoring activities carried out by labour inspectors.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. Article 1 of the Convention. Prohibition of discrimination. Legislation. The Committee notes the Government’s full report and the attached legislation and statistical data. It also notes the communication from the National Coordination for Women of the Italian Confederation of Workers’ Unions (CISL). The Committee notes with interest the adoption of Legislative Decree No. 145 of 5 May 2005, transposing into national legislation Directive No. 2002/73/CE of the European Parliament and of the Council on equal treatment for men and women as regards access to employment, vocational training and promotion and working conditions, which unifies the legislation in respect of equality in the world of work and fills a void relating to harassment. In this respect, it notes the indication by the CISL that the above legislation provides a better definition of direct and indirect discrimination and introduces the concept of harassment into the Italian legal system.

2. Article 2. Equality of opportunity and treatment in relation to race and national extraction. The Committee notes that, under the terms of section 7 of Legislative Decree No. 215, the Office for the Promotion of Equality of Treatment and the Elimination of Discrimination based on Race and Ethnic Origin (UNAR) was established in November 2004. The terms of reference of the Office are to assess the effectiveness of protective measures, promote equality of treatment to eliminate all forms of discrimination on the basis of race or ethnic origin, and raise public awareness in relation to racial integration. The Committee also notes that, in accordance with the new provisions, persons considering themselves to be victims of discrimination may take legal action on an individual basis or through associations or entities active in the field of combating discrimination. The UNAR will provide immediate assistance to persons considering themselves to be victims of such discrimination and will accompany them in their legal action. The Committee requests the Government to keep it informed of the practical action taken by the UNAR during the period covered by the next report and the results achieved, as well as on the nature and outcome of discrimination cases based on one of the grounds established by the decrees, examined by the courts or settled through conciliation.

3. The Committee notes that, according to the Government’s report, acts of discrimination have been committed in respect of young migrants, particularly of Moroccan nationality, and that these are not isolated cases. Discrimination is increasing in small and medium-sized enterprises and is higher in the catering sector (52.2 per cent) than in commerce (33.8 per cent). The Committee notes Decision No. 19378 of May 2005 of the Fifth Penal Section of the Court of Cassation which confirms the conviction by the Court of Appeal of Turin, according to which the term “Moroccan”, even when referring to a person of that origin, may cause injury in the context in which it is said and constitutes an indication of racial discrimination. The Committee requests the Government to continue providing information on the measures adopted to promote access to employment of migrants of Moroccan origin, the Roma and other ethnic minorities, and the impact in practice of such measures.

4. Equality of opportunity and treatment for men and women. By virtue of section 7 of Legislative Decree No. 196/2000, the public administration has to prepare triennial plans to promote the access of women in sectors in which they are under-represented. In the context of the network of equality councillors, a working group has been set up to carry out research, including an analysis of the types of plans adopted by the public administration at the regional, provincial and communal levels. The Committee requests the Government to provide the findings of this study, including, in so far as possible, information on the measures adopted in the context of the plans, their impact, the progress achieved and any difficulties encountered. With reference to point 5 of the previous direct request, the Committee notes that the above working group will carry out research into the impact of recent labour market reforms in terms of equality of opportunity and treatment and to ensure that women are not disadvantaged in their contractual conditions by reason of their sex. Please provide this study with the next report.

5. Workers with family responsibilities. The Committee notes that section 9 of Act No. 53 of 8 March 2003 introduces flexible working time, particularly in relation to caring for children. Subsidies have been established for enterprises adopting measures such as the following: (a) allowing working parents to benefit from flexible hours of work; (b) providing training to facilitate the reintegration of workers following career interruptions; and (c) permitting the replacement of a self-employed worker or the head of an enterprise by another self-employed worker or entrepreneur. In 2001-04, a total of 342 projects were submitted, of which 166 were accepted for financing. It also notes that the great majority of these projects made use of flexibility with a view to reconciling family responsibilities and work. The Committee requests the Government to continue providing information on this subject.

6. Sexual harassment. The Committee notes that Legislative Decree No. 145/2005, referred to above, unifies protection against discrimination based on sex and in relation to sexual harassment. Please provide copies of court decisions relating to sexual harassment. Please also provide information on the application of the codes of practice on sexual harassment applicable to employees of the Ministry of Labour and the Ministry of the Interior.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

1. Article 1 of the Convention. Sexual harassment. The Committee notes that sexual harassment is implicitly covered by existing legislation concerning sex discrimination It also notes that draft Law No. 4817 on sexual harassment has not been adopted but that a number of other relevant legislative initiatives remain under review in Parliament. The Committee invites the Government to continue to provide information on the progress made in adopting specific legislation on sexual harassment and on the application in practice of existing relevant legislation, including court decisions and information on cases brought by or with the assistance of the equality adviser in accordance with Legislative Decree No. 196/2000. Please also provide information on the application of the codes of conduct on sexual harassment applicable to the employees of the Ministry of Labour and the Ministry of the Interior.

2. Prohibition of discrimination. The Committee notes that on 9 July 2003 the Government adopted Legislative Decree No. 215 concerning equal treatment regardless of race and ethnicity and Legislative Decree No. 216 concerning equal treatment of persons regardless of religion or belief, disability, age and sexual orientation. These two Decrees are intended to transpose European Community Directives Nos. 2000/43 and 2000/78, respectively, in accordance with the 2001 European Community Act (Act. No. 39 of 1 March 2002). The Committee notes that both Decrees aim to eliminate discrimination in employment and occupation in accordance with the Convention, both in the private and public sectors. In addition, Decree No. 215 covers areas such as social protection, health care, welfare benefits and education more generally. The Decrees contain definitions of direct and indirect discrimination and harassment as well as exception clauses. The Committee also notes that both Decrees require that action to promote equality should take into account the different impact discrimination has on men and women. The Government is requested to provide information in its future reports on the implementation in practice of Legislative Decrees Nos. 215 and 216, including information on the work and achievements of the new equality office established under section 7 of Decree No. 217, as well as information on the nature and outcome of discrimination cases concerning the grounds covered by the Decrees brought before the courts or settled by way of conciliation.

3. Article 2. Equality of opportunity and treatment on the grounds of race and national extraction. The Committee notes the Government’s statement that there was no discrimination in law against the Roma and that the principle of equal treatment on the basis of race and ethnic origin was being given full effect in line with Legislative Decree No. 215/2003. Further, the Government appears to suggest that the real difficulty with regard to this ethnic minority is related to their integration into the economic and social life of the country as a whole. In response, the Committee would like to emphasize that the absence of discriminatory provisions in law and even the existence of specific anti-discrimination legislation does not mean the absence of discrimination in practice in accordance with the Convention. While measures in the areas of education, health and housing, as reported by the Government, may contribute to the realization of equality of opportunity and treatment in employment and occupation, it will still be necessary for the Government to take more specific and proactive measures to ensure equal access to employment and equal terms and conditions of employment. The Committee encourages the Government to consult and cooperate with workers’ and employers organizations, as well as representatives of the Roma themselves, in order to develop a policy and implement strategies and programmes promoting equal employment opportunities for Roma men and women, including through building mutual tolerance and understanding. The Committee also requests the Government to provide information on the measures taken to promote the access to employment of other ethnic minorities, such as Moroccans, as well as statistical information of the position of ethnic minorities in the labour market.

4. Equality of opportunity and treatment of men and women. The Committee notes from the statistical information provided by the Government that women’s overall participation rate continued to increase between 1999 and 2002. With regard to management positions female participation increased from 31.5 to 33.3 per cent during that period. However, the Committee notes that women remain markedly underrepresented in upper management positions in the public service with no progress made since 2000. The Government is also requested to continue to provide information on any other measures taken to further strengthen women’s position in the labour market and to continue to provide statistical information on women’s participation in private and public employment, including statistical data disaggregated by level of responsibility, and occupation. Noting that in 2003 the Network of Equality Advisers adopted a programme to promote women’s access to positions of responsibility, the Committee would appreciate receiving more detailed information on this programme and on the nature, content and results of the affirmative action projects, which have emerged within this framework.

5. The Committee notes that recent labour market reforms are aimed at making employment more flexible by introducing new forms of contracts, such as job sharing or project contracts, and by making it easier to resort to part-time work. The Government expects that these reforms would increase women’s possibilities to join the labour market, because these new forms of contracts would make it easier to reconcile work and family responsibilities. The Committee requests the Government to supply information on the measures taken to assess the impact of these reforms on women’s and men’s equality of opportunity and treatment in employment and occupation and to ensure that women are not disadvantaged on the basis of sex in the terms and conditions of their contracts. Noting the measures being taken to promote a more equal sharing of family responsibilities between men and women, the Committee would like to recommend that the Government consider the ratification of the Workers with Family Responsibilities Convention, 1981 (No. 156).

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the information contained in the Government’s report. It requests the Government to provide further information in its next report on the following points.

1. The Committee notes the statistical data in the Government’s report on women’s participation in the labour market. It notes that the presence of women increased at all levels of responsibility, in particular the number of women managers increased from 26.8 per cent in 1993 to 31.5 per cent in 1999. However, it notes that women in the national, local and regional government administrations are still under-represented in positions of decision-making authority, with only 10.3 per cent representation in Parliament, 17.4 per cent in Government and under 10 per cent of representation at the local level. Therefore, the Committee asks the Government to supply information on the measures taken or envisaged to promote the presence of greater numbers of women in managerial and supervisory positions in the government administration. Further, the Committee notes the statistical data on employment disaggregated by sex and sector of activity. The Committee hopes that the Government will continue to provide this data in its future reports disaggregated also by level of responsibility.

2. The Committee notes that the draft Law No. 4817 on sexual harassment has not yet been adopted. It asks the Government to provide information on the status of this draft law and to provide a copy once it has been adopted. The Committee notes that the jurisprudence in sexual harassment cases comes from a combined reading of the Constitution and section 2087 of the Civil Code, defining the employer’s personal contractual responsibility, and section 2043, establishing the employer’s extra-contractual responsibility. The Committee asks the Government to provide a copy of any court decisions concerning sexual harassment cases. Please also refer to the general observation of 2002 on Convention No. 111.

3. The Committee notes the information in the Government’s report on the increased use of "atypical" contracts, that differs from permanent full-time work in duration, working time, contribution levels and remuneration. The Committee notes that women have a higher rate of employment in these types of contracts than men and that the gap is growing. It also notes that self-employment is growing faster for women than for men. The Committee asks the Government to indicate the measures to promote women’s participation in permanent full-time jobs and to ensure that women are not disadvantaged in their terms and conditions of contracts based on sex.

4. Recalling that the coverage of the Convention extends also to vocational training, the Committee once again hopes the Government will supply information on equality of opportunities and treatment in vocational training programmes.

5. The Committee notes with interest Decree No. 196 of 2000 that establishes a network of equality advisers at national, regional and provincial level, with promotional and supervisory functions of the principle of equality between women and men in the labour market. The Committee would appreciate receiving further information on the measures taken and the impact of section 7 of the new Decree on affirmative actions.

6. The Committee once again requests the Government to supply information on any measures taken or envisaged to secure the application of the principles of equal opportunity and treatment in employment occupation and training on all the grounds set forth in Article (1)(1)(a) of the Convention. In particular, in light of the comments of the Committee on the Economic, Social and Cultural Rights (CESCR) that express concern for the "situation of the Roma, that are discriminated against, especially in the workplace" (E/C.12.1/Add.43 of 23 May 2000, paragraph 10), the Committee asks the Government to provide information on any measures that have been taken to correct such de facto inequalities in the labour market. Please also supply information on any measures undertaken to prohibit discrimination and promote equality in practice based on race, national extraction or religion in employment and vocational training, including research, analysis, awareness raising and any enforcement actions.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes with interest the information contained in the Government's report.

1. The Committee notes the specific information supplied concerning the national legislation enacted to give effect to the principle of equality of opportunity and treatment of men and women in the workplace, as well as the statistical data provided concerning the participation of women in the Italian labour market. The Committee notes from the report that, at the end of 1997, 22 per cent of workers in government administration were women. However, women in the national, local and regional government administrations remained underrepresented in positions of decision-making authority. In the light of the Government's statement that the influx of women into government departments in recent years has been in percentages above 50 per cent, the Committee requests the Government to supply information concerning the measures taken or envisaged to promote the presence of greater numbers of women in managerial and supervisory positions in the government administration. The Committee further requests the Government to provide more comprehensive statistical data in its next report showing the distribution of men and women in the various occupations and at the different ranks in the various government departments at the national, regional and local levels.

2. The Committee notes from the report that marked differences persist between the north and south of Italy with respect to the situation of women. The Committee would therefore be grateful if the Government would supply information on any measures taken or contemplated to: (1) promote greater participation of women in the labour market, particularly in managerial and supervisory positions and in non-traditional jobs and occupations; (2) secure their equal access to employment and vocational training; and (3) promote a change in traditional societal attitudes in southern Italy concerning the roles of men and women in respect of work and family responsibilities.

3. The Committee notes with interest the information supplied in the Government's report regarding its first equal opportunity policy, which targets women and is aimed at promoting their participation in the Italian labour market. The Committee would be grateful if the Government would continue to provide information on all measures taken to promote the principle of equal opportunity in employment and occupation in respect of gender. Further, the Committee requests the Government to supply information on any measures taken or envisaged to secure application of the principles of equal opportunity and treatment and non-discrimination on all of the grounds set forth in Article 1(1)(a) of the Convention.

4. The Committee notes from the Government's report that five draft laws are currently under consideration by the Senate and the Chamber of Deputies, aimed at safeguarding the personal dignity of employees and protecting them from sexual harassment in the workplace. The Committee would be grateful if the Government would provide the text of the draft law(s) once adopted.

5. The Committee requests the Government to indicate whether it has taken any measures to promote the application of the Convention on the grounds of race, national extraction, colour or religion.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

1. The Committee notes with interest the information contained in the Government's detailed report and annexes in reply to its previous direct request concerning practical measures taken to implement the national policy on elimination of employment discrimination and promotion of equal opportunities and treatment in the context of the national legislation in favour of women.

2. The Committee notes from the Government's report that the bill aimed at preventing sexual harassment at the workplace continues its progress through Parliament but has not yet been adopted. It looks forward to receiving information on the adoption of the text, and a copy of the Act, once adopted.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes the adoption of Act No. 223 of 1991 concerning collective dismissals, labour mobility and the rotation of workers in the wage guarantee fund, which stipulates that the selection of workers to be laid off shall be based, inter alia, on collective agreements concluded with trade unions or, in the absence of such agreements, taking account of the following factors: family responsibilities, length of service, technical production and organizational requirements and, according to the Government, in compliance with the principle of non-discrimination. The Committee requests the Government to indicate the manner in which family responsibilities are taken into account in the selection process and the manner in which non-discrimination is guaranteed so as to ensure that dismissals and other conditions of work are based on factors irrespective of race, colour, sex, religion, national extraction, political opinion or social origin in conformity with the Convention.

2. The Committee notes from the Government that, while the percentage of women in the labour force is increasing and their percentage of the unemployed is decreasing, the percentage of women in management is very low. The Committee requests the Government to indicate any measures that are being taken in addition to those provided under Act No. 125 of 1991 on positive action to promote equality between women and men in access to high-level posts, access to vocational training and retraining, terms and conditions of employment and security of employment and to indicate the results of those measures including statistical information.

3. The Committee again requests the Government to supply information on policies and programmes that have been established with a view to promoting equality of opportunity and treatment in respect of access to employment and particular occupations, access to training and retraining, terms and conditions of employment and security of employment on the basis of race, colour, national extraction and social origin.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes with interest the agreement of 23 July 1993 concluded by the Government and the trade unions on the national income and employment policies, collective bargaining and support for the production system which, inter alia, demonstrates their support for the adoption of positive measures to promote equality of opportunity between men and women by fully applying Acts Nos. 125/91 and 215/92, providing more funding for their application and integrating them with other legislative and contractual means of action.

1. The Committee notes that the issuing of a decree to establish measures (such as tax credits and criteria for obtaining concessions) for the implementation of the Act on Affirmative Action for Women in Entrepreneurial Activity (No. 215 of 1992) was suspended when the Commission of the European Union initiated formal proceedings for breach of the European Union Treaty with regard to the Act's assistance to new companies. As the proceedings were concluded in 1993 essentially in favour of the Act, the Government reports that the regulations are expected to be issued shortly. The Committee asks the Government to provide details on the implementation of the legislation in its next report.

2. The Committee notes the information supplied by the Government regarding initiatives taken by individual companies within or beyond Act No. 125 of 1991 to promote equality between men and women in access to high-level posts, access to vocational training and retraining, terms and conditions of employment and security of employment. Noting that a recent private sector study on problems encountered by women managers found that only 5% of managers are women, the Committee asks the Government to inform it of any new measures introduced to correct the current imbalance between men and women in high-level posts, and the evaluation of the measures taken in this area, including, where available, statistics.

3. The Committee notes that measures to implement the guidelines of the Commission of the European Union entitled "How to combat sexual harassment" are being outlined by the Government in consultation with the social partners. The Committee also notes the submission to the Senate by the Senate Labour Commission of a Bill aimed at preventing sexual harassment in the workplace. The Bill will, inter alia, define sexual harassment as any type of behaviour with sexual connotations which is unequivocally unwanted, provide for recourse in the case of such harassment to the emergency procedure under section 15 of Act No. 903 of 1977 on equality between men and women in the workplace, and, with reference to Act No. 125 of 1991 and the recourse available under that Act, equate sexual harassment with direct or indirect discrimination. The Committee would be grateful if the Government would provide information in its next report on the adoption of the Bill, as well as supply a copy of the final text in a working language of the ILO, if possible.

4. The Committee notes the Government's comments on the scope of Act No. 223 of 1991 concerning collective dismissals, labour mobility and the rotation of workers in the wage guarantee fund, and its reference to statistics emanating from the General Directorate for Employment. The data show that the proportion of women workers on the mobility lists (compiled for purposes of assisting in dismissals and redeployment) is higher than that of men, despite the lower employment rate for women. A further study carried out by the Institute for Worker's Occupational Training supports the above-mentioned finding and, moreover, points out that fewer women than men are taken off the lists to return to the labour market. Noting that the study ascribes this situation to "concomitant causes, such as the selectivity of demand, the structure of objective opportunities, the discriminatory attitudes and types of behaviour of employers", the Committee asks the Government to indicate the manner in which the principle of non-discrimination based on all the grounds of the Convention is guaranteed in practice in the selection process.

5. As the Government's report contains no information on policies and programmes that have been established with a view to promoting equality of opportunity and treatment in respect of access to employment and particular occupations, access to training and retraining, terms and conditions of employment and security of employment on the basis of race, colour, national extraction and social origin, the Committee is obliged to repeat its earlier request for details on this subject.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

1. Further to its previous direct requests, the Committee notes with interest the adoption of the Act on Affirmative Action for Women in Entrepreneurial Activity (No. 215), dated 25 February 1992, which promotes the creation of enterprises staffed and managed predominantly by women in the agricultural, crafts, commercial and industrial sectors, and the development of cooperative societies and companies in which women make up the majority of partners or at least two-thirds of the directors, through the provision of incentives, credit and financing arrangements and the establishment of a Committee on Entrepreneurial Activity by Women in the Ministry of Industry. The Committee would be grateful if the Government would provide information on the implementation of the legislation and the results achieved in the various activities provided for under the Act. 2. The Committee also notes with interest the information given by the Government on the implementation of Act No. 125 of 10 April 1991 on positive action for the attainment of equality between men and women at work. It notes in particular that pursuant to the Act, 49 affirmative action programmes submitted by companies have already been approved and are under way, and that the National Committee for the Application of the Principles of Equality between Men and Women Workers and the Board of Inquiry have become fully operational. The Committee requests the Government to indicate the criteria upon which programmes are approved under the Act, and the results achieved in terms of the goals and timetables set in the various programmes to attain equal opportunity and treatment in the workplace between men and women. It hopes that the Government will continue to provide information on the activities of the National Committee and the Board of Inquiry and will communicate the findings of the report scheduled to be prepared in 1992 on the position of men and women workers based on information submitted by private and public enterprises under section 9 of Act No. 125. 3. The Committee recalls that a number of collective agreements have included special clauses designed to promote equality of opportunity and treatment between men and women, establishing joint committees to that end and prohibiting sexual harassment. The Committee would be grateful if the Government would supply information on the implementation of those clauses in practice and on the activities of the joint committees.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes the information provided in the Government's report and the attached documentation.

1. The Committee notes the adoption of Act No. 223 of 1991 concerning collective dismissals, labour mobility and the rotation of workers in the wage guarantee fund, which stipulates that the selection of workers to be laid off shall be based, inter alia, on collective agreements concluded with trade unions or, in the absence of such agreements, taking account of the following factors: family responsibilities, length of service, technical production and organizational requirements and, according to the Government, in compliance with the principle of non-discrimination. The Committee requests the Government to indicate the manner in which family responsibilities are taken into account in the selection process and the manner in which non-discrimination is guaranteed so as to ensure that dismissals and other conditions of work are based on factors irrespective of race, colour, sex, religion, national extraction, political opinion or social origin in conformity with the Convention.

2. The Committee notes from the Government that, while the percentage of women in the labour force is increasing and their percentage of the unemployed is decreasing, the percentage of women in management is very low. The Committee requests the Government to indicate any measures that are being taken in addition to those provided under Act No. 125 of 1991 on positive action to promote equality between women and men in access to high-level posts, access to vocational training and retraining, terms and conditions of employment and security of employment and to indicate the results of those measures including statistical information.

3. The Committee again requests the Government to supply information on policies and programmes that have been established with a view to promoting equality of opportunity and treatment in respect of access to employment and particular occupations, access to training and retraining, terms and conditions of employment and security of employment on the basis of race, colour, national extraction and social origin.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

1. Further to its previous direct requests, the Committee notes with interest the adoption of the Act on Affirmative Action for Women in Entrepreneurial Activity (No. 215), dated 25 February 1992, which promotes the creation of enterprises staffed and managed predominantly by women in the agricultural, crafts, commercial and industrial sectors, and the development of cooperative societies and companies in which women make up the majority of partners or at least two-thirds of the directors, through the provision of incentives, credit and financing arrangements and the establishment of a Committee on Entrepreneurial Activity by Women in the Ministry of Industry. The Committee would be grateful if the Government would provide information on the implementation of the legislation and the results achieved in the various activities provided for under the Act.

2. The Committee also notes with interest the information given by the Government on the implementation of Act No. 125 of 10 April 1991 on positive action for the attainment of equality between men and women at work. It notes in particular that pursuant to the Act, 49 affirmative action programmes submitted by companies have already been approved and are under way, and that the National Committee for the Application of the Principles of Equality between Men and Women Workers and the Board of Inquiry have become fully operational. The Committee requests the Government to indicate the criteria upon which programmes are approved under the Act, and the results achieved in terms of the goals and timetables set in the various programmes to attain equal opportunity and treatment in the workplace between men and women. It hopes that the Government will continue to provide information on the activities of the National Committee and the Board of Inquiry and will communicate the findings of the report scheduled to be prepared in 1992 on the position of men and women workers based on information submitted by private and public enterprises under section 9 of Act No. 125.

3. The Committee recalls that a number of collective agreements have included special clauses designed to promote equality of opportunity and treatment between men and women, establishing joint committees to that end and prohibiting sexual harassment. The Committee would be grateful if the Government would supply information on the implementation of those clauses in practice and on the activities of the joint committees.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee asks the Government to supply practical information on those aspects of the national policy for the promotion of equality (as specified in Article 2 of the Convention) that relate to the criteria other than sex on which discrimination may be based, namely race, colour, religion, political opinion, national extraction and social origin.

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

1. With reference to its previous direct request, the Committee has taken note with interest of Act No. 125 of 10 April 1991 on positive action for the attainment of equality between men and women at work, and of its implementing Decrees. The Act aims at promoting the employment of women and establishing equality between men and women at work, in particular through the adoption of measures of positive action to eliminate de facto obstacles to the attainment of equal opportunity. It makes it possible for undertakings and agencies that adopt positive action projects to be reimbursed for certain expenditures incurred through the implementation of such projects; makes it an obligation for private and public undertakings employing more than 100 persons to report every two years on the distribution of men and women on the staff; provides for the establishment in the Ministry of Labour of a National Committee for the Application of the Principles of Equal Treatment and Equal Opportunity for Male and Female Workers; and provides for reversal of the burden of proof borne by the defendant when the plaintiff produces precise and consistent facts such as to warrant the presumption that there is a situation of discrimination on the basis of sex.

The Committee would be grateful if the Government would transmit with its next report information on the implementation of Act No. 125; on the activities of the bodies established by the Act, in particular the National Committee for the Application of the Principles of Equal Treatment and Equal Opportunity for Male and Female Workers; and on the way section 4 (concerning actions at law) has been utilised in practice.

2. The Committee has noted with interest from the information supplied concerning the application of Convention No. 100 that in the course of the latest round of collective bargaining, a number of collective agreements have included special clauses designed to promote equality for women and establishing joint committees to that end. The Committee asks the Government to supply information on the implementation of those clauses in practice and in particular on the activities of the joint committees.

3. The Committee has also noted with interest that a number of collective agreements recently concluded - for example in the footwear, textile and clothing, and leather industries - contain a clause on the personal dignity of the workers which prohibits sexual harassment and prescribes a procedure for dealing with cases of such harassment. The Committee asks the Government to supply, if possible, information on the way such clauses are applied in practice.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes with interest the information supplied by the Government in its reports (which were received in June and November 1989) in reply to the Committee's previous comments. It has also examined the report of the Ministry of Labour and Social Insurance for 1986, which was supplied by the Government, and which deals with the situation regarding the implementation of Act No. 903 of 9 December 1977 respecting equality of treatment between men and women in employment.

2. The Committee notes from this report that the participation of women in the employment market continued to increase during the period under consideration, but that most of them are employed in jobs in the tertiary and service sectors and that their participation rate in jobs in the industrial and agricultural sectors has remained stable or has decreased. The report also shows that there has been an increase in the unemployment rate which has particularly affected women workers due to the technological changes that have occurred in certain sectors, and which has reduced the opportunities for women to find jobs in these sectors. The report indicates in this connection that the situation is more serious in the southern regions of the country where the number of women in employment was 1,801,000 in 1986 as against 5,102,000 in the north. The Committee hopes that the Government will continue to make efforts to promote the principle of equality of opportunity and encourage the access of women to the employment market, particularly through a system of vocational guidance and training that is adapted to the new technologies. The Committee would be grateful if the Government would supply information on any progress achieved in this area and particularly on the implementation of the planned reform of the present system, to which the Government refers in its reports on the Human Resources Development Convention, 1975 (No. 142). The Committee also requests the Government to continue supplying information on the implementation of Act No. 903 of 1987 and to supply, as soon as possible, the reports of the Ministry of Labour and Social Insurance for 1987 and 1988.

3. The Committee also notes with interest the new legislative measures taken during the period covered by the report and the restructuring of the two national committees on equality of opportunity for men and women, operating respectively under the Ministry of Labour and Social Insurance and the Prime Minister's Office. The Committee notes with interest the activities of these committees to encourage the effective promotion of the principle of equality of opportunity and treatment for men and women, particularly as regards employment, and hopes that the Government will continue to supply information on any new measure that is taken by these committees and the results obtained.

4. The Government also indicates that draft legislation providing for positive measures to achieve equality between men and women is in the process of being adopted and that this legislation will combine the opinions of various political tendencies for the effective promotion of employment for women and the elimination of all discriminatory practices. The Committee hopes that this draft legislation can be adopted in the near future and that the Government will supply a copy of the final version when it is adopted.

5. The Committee notes the Government's explanations concerning the requirement of an absence of any criminal convictions for applicants to the public service and the case law on this point and it hopes that the Government will be able to supply copies of judicial decisions, where appropriate, which establish this case law.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

1. The Committee notes with interest the information supplied by the Government in its reports (which were received in June and November 1989) in reply to the Committee's previous comments. It has also examined the report of the Ministry of Labour and Social Insurance for 1986, which was supplied by the Government, and which deals with the situation regarding the implementation of Act No. 903 of 9 December 1977 respecting equality of treatment between men and women in employment.

2. The Committee notes from this report that the participation of women in the employment market continued to increase during the period under consideration, but that most of them are employed in jobs in the tertiary and service sectors and that their participation rate in jobs in the industrial and agricultural sectors has remained stable or has decreased. The report also shows that there has been an increase in the unemployment rate which has particularly affected women workers due to the technological changes that have occurred in certain sectors, and which has reduced the opportunities for women to find jobs in these sectors. The report indicates in this connection that the situation is more serious in the southern regions of the country where the number of women in employment was 1,801,000 in 1986 as against 5,102,000 in the north. The Committee hopes that the Government will continue to make efforts to promote the principle of equality of opportunity and encourage the access of women to the employment market, particularly through a system of vocational guidance and training that is adapted to the new technologies. The Committee would be grateful if the Government would supply information on any progress achieved in this area and particularly on the implementation of the planned reform of the present system, to which the Government refers in its reports on the Human Resources Development Convention, 1975 (No. 142). The Committee also requests the Government to continue supplying information on the implementation of Act No. 903 of 1987 and to supply, as soon as possible, the reports of the Ministry of Labour and Social Insurance for 1987 and 1988.

3. The Committee also notes with interest the new legislative measures taken during the period covered by the report and the restructuring of the two national committees on equality of opportunity for men and women, operating respectively under the Ministry of Labour and Social Insurance and the Prime Minister's Office. The Committee notes with interest the activities of these committees to encourage the effective promotion of the principle of equality of opportunity and treatment for men and women, particularly as regards employment, and hopes that the Government will continue to supply information on any new measure that is taken by these committees and the results obtained.

4. The Government also indicates that draft legislation providing for positive measures to achieve equality between men and women is in the process of being adopted and that this legislation will combine the opinions of various political tendencies for the effective promotion of employment for women and the elimination of all discriminatory practices. The Committee hopes that this draft legislation can be adopted in the near future and that the Government will supply a copy of the final version when it is adopted.

5. The Committee notes the Government's explanations concerning the requirement of an absence of any criminal convictions for applicants to the public service and the case law on this point and it hopes that the Government will be able to supply copies of judicial decisions, where appropriate, which establish this case law.