Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - San Marino (Ratification: 1986)

Article 1(1)(a) of the Convention. Discrimination on the basis of race, colour and national extraction. The Committee notes that in its report the Government reiterates that the adoption of new measures to promote equality of opportunity and treatment in employment and occupation, irrespective of race, colour and national extraction or social origin, was not deemed to be necessary because no issues in this respect had arisen. The Committee also notes from the fifth opinion of the Advisory Committee on the Framework Convention for the Protection of National Minorities that no cases of racism or racial discrimination have been registered. The Committee asks the Government to take measures to:

• (i)continue to monitor, in collaboration with employers’ and workers’ organizations, the situation in employment and occupation of all men and women to ensure that they enjoy equality of opportunity and treatment, irrespective of race, colour and national extraction or social origin;
• (ii)raise awareness of the equality principle of the Convention and the relevant legislation;
• (iii)enhance the capacity of the competent authorities, including judges, labour inspectors and other public officials, to identify and address cases of discrimination; and
• (iv)examine whether the applicable substantive and procedural provisions, in practice, allow claims to be brought successfully.

Articles 1(1)(a) and 2. Discrimination based on sex. Gender equality. The Committee notes from the statistical information provided by the Government that in 2021 women accounted for 38.9 of employees in the private sector and 63.3 per cent in the public sector. The Committee also notes that whereas women represented 15.7 per cent of workers holding leadership positions in the private sector, they represented 44 per cent of workers covering such positions in the public sector. The Government explains that the “preference” for men workers in the private sector may be linked to the fact that such sector mainly consist of manufacturing and that manufacturing is considered to be “little suited to women’s employment”. The Government refers to the views expressed by workers’ organizations according to which: (1) this situation may be linked to cultural reasons; and (2) job advertisements often mention a preference for a given sex of the candidates. At the same time, the Committee notes that such practice is expressly prohibited under Decree No. 130/2021, section 13(1). The Committee also welcomes the Government’s reference to Decree no. 79/2022 on “interventions for employment, training and active policies of the world of work” which provides for incentives aimed at job reintegration and professional reconversion; post-partum part-time arrangements; and reconciliation of professional and family life, among other things. The Committee recalls that stereotyped assumptions regarding women’s aspirations and capabilities, their suitability for certain jobs or their interest or availability for full-time jobs, continue to lead to the segregation of men and women in education and training, and consequently in the labour market (see 2012 General Survey on the fundamental Conventions, paragraph 783). It also refers to its detailed comments under the Workers with Family Responsibilities Convention, 1981 (No. 156). The Committee asks the Government:

• (i)to adopt proactive measures aimed at combatting harmful gender stereotypes and prejudices affecting women’s access to employment and occupation and their career opportunities and provide information in this respect;
• (ii)supply information on the measures taken to tackle gender-based discrimination in the context of the various incentives provided for under Decree No. 79/2022 and their impact on women’s employment, access to posts of responsibility, and more equitable sharing of family responsibilities between men and women; and
• (iii)provide information on any measures taken to sanction discriminatory job advisements, including sanctions imposed and remedies granted.

Article 1(1)(b). Discrimination based on disability. The Committee notes the Government’ reference to the view expressed by the workers’ organizations according to which Law No. 71 of 1991 laying down measures to promote access to employment of persons with disabilities is only partially implemented in the private sector, contrary to what happens in the public sector. The Committee asks the Government to provide information on the measures adopted to ensure implementation of Law No. 71 of 1991 and the promotion of the equality principle of the Convention in the private sector, including information on any measure designed in collaboration with the social partners to that end.

Article 3(a). Cooperation with employers’ and workers’ organizations. The Committee notes the Government’s indication that every normative act addressing issues related to the labour market is consulted with the social partners with a view to promoting non-discrimination and equality of opportunity in practice.

Enforcement.The Committee asks the Government to provide information on any judicial or administrative decisions related to discrimination in employment and occupation as well as on the number and type of infractions detected by labour inspection services and any remedies provided or sanctions imposed.

Statistical information.The Committee asks the Government to continue to provide statistical information on the participation of men and women in the private and public sectors, according to the industry, occupational category and employment status, as well as information on their participation in high-level positions.