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

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

The Committee has taken note of the information supplied by the Government in its first report.

1. The Committee notes that, under the terms of section 4 of Law No. 59 of 8 July 1974 on the declaration of the rights of citizens and of the fundamental principles of the organisation of San Marino all citizens are equal before the law, without distinction of personal, economic, social, political or religious situation. It also notes that Act No. 40 of 25 May 1981 on the equality of men and women at work states in section 1 that all discrimination based on sex is prohibited in the areas of career guidance, training, retraining and redeployment. The Committee notes, however, that the other motives for discrimination expressly mentioned in the Convention, namely race, social origin, and colour, are not listed in these texts. It would be grateful, therefore, if the Government would indicate in what manner it ensures the elimination, in law and in practice alike, of all distinction, exclusion or preference based on these three above-mentioned motives and cited in Article 1, paragraph 1(a) of the Convention, the effect of which would be to destroy equality of opportunity and of treatment in matters of employment and occupation.

2. Furthermore, the Committee refers to paragraphs 15 and 240 of its 1988 General Survey on Equality in Employment and Occupation, in which it insists on the positive and continuous nature of the measures to be undertaken in conformity with national policy indicated in Articles 2 and 3 of the Convention, and on the need to have detailed information on the various aspects of this continuous action. As the major part of the information contained in the reports deals with measures adopted to prohibit discrimination, the Committee would be grateful if the Government would supply information on all measures adopted to ensure the effective promotion of equality of opportunity and treatment, and on the results obtained with regard to: (a) access to vocational training; (b) access to employment and to the different trades and professions; and (c) conditions of employment. The Committee would be particularly grateful if the Government would supply information on the measures adopted to promote the vocational training and the employment of women. The Committee would especially appreciate statistical data on posts occupied by women in the various occupations and professions.

3. The Committee would be grateful if the Government would specify the measures taken in conformity with Article 3(b) of the Convention to encourage an educational programme calculated to secure the acceptance and observance of the policy of equality of opportunity and treatment.

4. The Committee would be grateful if the Government would indicate the manner in which the public vocational guidance, training and placement services ensure the application of the said policy, in conformity with Article 3(c) of the Convention.

5. The Committee notes the Government's statement according to which the law allows appeals against decisions taken by the public authorities. It also notes that the competent committees may decide whether activities are contrary to the law or prejudicial to the security of the State. The Committee would be grateful if the Government would indicate all legislative or administrative measures and all national practices governing the employment or professional activity of persons who are justifiably suspected of or engaged in activities prejudicial to the security of the State, and to supply information on the role and the activities of the competent bodies empowered to decide whether activities are prejudicial to the security of the State (Article 4 of the Convention).