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

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Poland (Ratification: 1961)

1. The Committee notes a communication dated 24 June 2002 by the Trade Union of Agriculture (Samoobrona), alleging non-observance of the Convention by Poland. Samoobrona states that the refusal of the Ministry of Justice of Poland to employ a blind woman as a court recorder constituted discrimination on the basis of disability under Article 1(1)(b) of the Convention. The Committee notes that the Government, apparently accepting disability as a ground covered by the Convention under Article 1(1)(b), states that it had informed the applicant concerned of its view that the relevant legislation would not infringe upon the Convention, because a distinction is made in respect of a particular job based on the inherent requirements thereof in accordance with Article 1(2) of the Convention. The Government states that the relevant legislation, the Act of 18 December 1998 concerning employees of courts and public prosecutor’s offices, did not create the opportunity to employ as a court clerk a person who would be entrusted with the duty of recording of trials only, but that the job description of the position of "court clerk" would include also other clerical functions requiring eyesight.

2. Noting the above statements, the Committee recalls that the exception allowed for in Article 1(2) must be interpreted strictly, so as not to result in undue limitation of the protection which the Convention is intended to provide. It also recalls that the concept of a "particular job" refers to a specific and definable job, function or task. Certain criteria may be brought to bear as inherent requirements of a particular job, but they may not be applied to all jobs in a given occupation or sector of activity, and especially in the public service, without coming into conflict with the principle of equality of opportunity and treatment in occupation and employment (1988 General Survey on equality in employment and occupation, paragraph 126). The Committee also recalls the special responsibility of governments to pursue their national policies to promote equality in respect to employment under their direct control (Article 3(d)) and the possibility of taking special measures to meet the requirements of disabled persons (Article 5). The Committee requests the Government to indicate any measures it has taken to accommodate persons with disabilities in order to facilitate their employment in the public service in accordance with Article 5 of the Convention.

In addition, a request regarding other points is being addressed directly to the Government.