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

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Portugal (Ratification: 1959)

The Committee notes the Government's report for the period between 1 July 1986 and 30 June 1988.

1. The Committee notes with satisfaction the adoption of Legislative Decree No. 426/88, of 18 November 1988, governing equality of treatment in employment for men and women in the public service. It notes that section 1 of this text provides that its objective is to ensure equality of opportunity and treatment in respect of admission to and employment in the public service, deriving from the principle of equality and the right to work laid down in the Constitution. It also notes that by virtue of section 4, subsection 1, of this Legislative Decree, the right to work implies the rejection of all discrimination, direct or indirect, based on sex, particularly on marital status or family situation; subsection 2 specifies that temporary provisions establishing a preference for the purpose of remedying a de facto inequality, and measures protecting maternity are not considered as discriminatory. The Committee asks the Government to provide information on the practical implementation of the above Legislative Decree.

2. The Committee notes with interest the agreement signed on 28 February 1984 by the Ministry of Education and the Committee on Women's Affairs, with a view to undertaking joint action to review programmes of studies and primary and secondary-school curricula, and also teacher training methods, has been replaced by a new agreement signed in April 1988. The latter follows the lines of the resolution adopted in June 1985 by the Ministers of Education of the member States of the EEC, and of the EEC medium-term programme of action on equality between men and women. The agreement is now applied at all levels of education, including higher education, and provides for training educational and career guidance officers with a view to countering the prejudices which obstruct the diversification of technical schools for girls. A working group composed of representatives of the Committee on Women's Affairs and representatives of all levels of the teaching profession will draw up a plan of action every year to implement the various points of the agreement. The Committee asks the Government to provide information on the work of the above-mentioned working group and the progress made as a result of the agreement of April 1988.

3. The Committee also notes with interest from the information supplied by the Government that, following the efforts of the Committee on Women's Affairs, Act No. 46/86 of 14 October 1986 concerning the foundations of the education system provides in section 3 that the education system has the responsibility of ensuring equality of opportunity for the two sexes, in particular by implementing a policy of coeducation and educational and career guidance, and by raising awareness of this subject amongst all those involved in the education process. The Government also refers to a seminar organised in January 1988 by the Committee on Women's Affairs to take stock of action already undertaken and to draw attention to the need to implement the EEC medium-term plan of action for equality between men and women (1986-1990).