Equality and Non-Equality and Non-discrimination at Workdiscrimination at Work

Basics of InternationalBasics of International

Labour StandardsLabour Standards

Core human rights documentsCore human rights documents

ILO ConstitutionILO Constitution: : all human beings, all human beings, irrespective of race, creed or sex, have the irrespective of race, creed or sex, have the right to pursue both their material well-right to pursue both their material well-being and their spiritual development in being and their spiritual development in conditions of freedom and dignity, of conditions of freedom and dignity, of economic security and equal opportunity;economic security and equal opportunity;

Universal Declaration of Human RightsUniversal Declaration of Human Rights Convention on the Elimination of Racial Convention on the Elimination of Racial

DiscriminationDiscrimination

Convention on the Elimination of all forms of Discrimination against Women

International Covenant on ESC Rights Article 7 (a) (i) Fair wages and equal remuneration for work of

equal value without distinction of any kind, in particular women being guaranteed conditions of work not inferior to those enjoyed by men, with equal pay for equal work;

(c) Equal opportunity for everyone to be promoted in his employment to an appropriate higher level, subject to no considerations other than those of seniority and competence;

International Covenant on CP Rights

C100: Equal Remuneration, 1951C100: Equal Remuneration, 1951

Principle: to ensure that men and women workers receive

equal remuneration for work of equal value, establishing rates of remuneration without discrimination based on sex.

The State has to ensure equal remuneration between men and women in the public sector and to promote the principle in the private sector.

Scope of applicationScope of application

• Applies to all workers

• Applies to all elements of remuneration

• Implies a comparison between jobs

• Comparison between jobs is not limited to the same job, the same employer or the same sector

Scope of remunerationScope of remuneration

The basic, ordinary or minimum wage or salary and

any other additional emoluments, paid directly or indirectly by the employer, in cash or in kind, arising out of the workers’ employment.

C111: Discrimination (Employment C111: Discrimination (Employment and Occupation), 1958and Occupation), 1958

Objectives: The development and implementation of a national

policy promoting equality of opportunity and treatment in employment and occupation, with a view to eliminating discrimination.

The repeal of any national legislation inconsistent with this national policy.

Scope: Applies to all persons Applies to employment and occupation

Convention No.111: definition of Convention No.111: definition of discriminationdiscrimination

Any distinction, exclusion or preference based on (one or more of the prohibited grounds) which has the effect of nullifying or impairing equality of opportunity or treatment in employment or occupation.

Any discrimination whether it is In law or in practice Direct or indirect

Direct and indirect Direct and indirect discriminationdiscrimination

Direct

Explicit and usually intentional

Indirect

May not be intentional. It is an apparently neutral law or practice which has a disproportionate negative impact on a particular group protected by the Convention or by national legislation.

Prohibited grounds of Prohibited grounds of discriminationdiscrimination

Race

Color

Sex

National extraction

Social origin

Religion

Political opinionAnd any other ground specified by the national

legislation (e.g. age, nationality, family responsibilities, language, sexual orientation, health, etc.)

Application of Convention No.111Application of Convention No.111::Equality of opportunity and treatment in employment and occupation includes:

Equal access to vocational training General education, career guidance and counselling services and vocational training

Equal access to employment and occupation

Recruitment and hiring process, placement services, access particular occupations, including non-traditional occupations

Equality in terms of conditions of workProfessional training, opportunities for advancement, termination of employment, benefits, work environment, health and safety)

Exceptions to prohibition of Exceptions to prohibition of discriminationdiscrimination

Inherent requirements of the jobInherent requirements of the job Truly relevant facts that mean only members of an Truly relevant facts that mean only members of an

identifiable group can do the jobidentifiable group can do the job Difficult to identify in most casesDifficult to identify in most cases

Security of the StateSecurity of the State Subject to review by a courtSubject to review by a court

To overcome past discriminationTo overcome past discrimination Affirmative actionAffirmative action Quotas not preferred method, but not forbiddenQuotas not preferred method, but not forbidden

Requirements of the ConventionRequirements of the Convention

Repeal any statutory provisions, administrative regulations or practices that are inconsistent with the national policy.

Declare and pursue a national policy to promote equality of opportunity and treatment.

Enact legislation and promote educational programmes.

Pursue the policy in the context of employment under direct control of the national authority.

Ensure observance of the policy in the context of vocational guidance and training and placement services under the direction of the national authority.

Seek cooperation with employers’ and workers’ organizations in promoting the acceptance and observance of the policy.