Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - North Macedonia (Ratification: 1991)

Anti-discrimination legislation. The Committee notes with interest the adoption of the Law on Prevention and Protection against Discrimination on 8 April 2010, which entered into force on 1 January 2011. The law, which applies to both the public and the private sectors, covers, inter alia, work, labour relations and education. It defines and prohibits direct and indirect discrimination based on “sex, race, skin colour, gender, belonging to a marginalized group, ethnic origin, language, citizenship, social origin, religion or confession, other types of belief, education, political belonging, personal or social status, mental and physical disability, age, family or marital status, property status, health condition or any other ground established by the law or by ratified international agreements”, thus covering all the grounds enumerated in Article 1(1)(a) of the Convention as well as a number of additional grounds pursuant to Article 1(1)(b). The law also makes provision for addressing victimization and creates a category of “more severe forms of discrimination” which includes multiple, repeated or prolonged discrimination. It also provides for the adoption of affirmative action measures until actual equality is achieved and sets out the procedure to be established regarding discrimination claims being brought before the Commission for Protection against Discrimination and before the courts. The Committee requests the Government to provide information on the legal and practical measures taken to implement the 2010 Law on prevention and protection against discrimination with respect to the prohibition of discrimination and its exceptions in the fields of employment and occupation, in particular any affirmative action measures taken to achieve equality in employment and occupation and any special protective measures taken in favour of certain categories of persons. It further asks the Government to indicate the manner in which the provisions regarding the “most severe forms of discrimination” are being applied in practice, and to provide any information on judicial or administrative decisions handed down in this respect.

The Committee is raising other points in a request addressed directly to the Government.