Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Belgium (Ratification: 1977)

Article 1(1)(a) of the Convention. Discrimination on the basis of sex and/or gender. Sexism, harassment based on sex and sexual harassment. Violence. The Committee notes that in 2015 the Institute for the Equality of Women and Men (IEFH) received 36 reports of sexual harassment (in comparison with six in 2014) and 74 of sexism (in comparison with 58 in 2014). The Committee notes with interest the adoption of the Act of 22 May 2014 to combat sexism in public places and amending the Act of 10 May 2007 to combat gender discrimination with a view to criminalizing discrimination. The Committee notes that the Act establishes a prison sentence and/or a fine in the case of discrimination in the field of labour relations. It also welcomes the publication and dissemination by the IEFH of an awareness-raising and information leaflet on this subject. With regard to sex-based harassment and sexual harassment, the Committee also notes with interest the adoption of: (i) the Act of 28 February 2014 supplementing the Act of 4 August 1996 on the welfare of workers in the performance of their work in relation to the prevention of psychosocial risks in the workplace, including violence, harassment or sexual harassment at work; and (ii) the Act of 28 March 2014 amending the Judicial Code and the Act of 4 August 1996 on the welfare of workers in the performance of their work, in relation to judicial procedures. These Acts strengthen prevention measures, define the roles of all the stakeholders (employers, workers, line managers, occupational prevention and protection committees, prevention advisers, and trusted persons) and specify the internal procedures available to workers for seeking psychosocial assistance. The Committee welcomes the implementation of a national campaign from 2012 to 2014 for the prevention of all psychosocial risks, the evaluation of which has revealed that its various target populations have acquired a better knowledge of these risks. The Committee asks the Government to provide information on any measures adopted at the national, regional and enterprise levels under the Acts of 2014 to address and eliminate sexism, sex-based harassment, sexual harassment and violence in employment and occupation, with an indication of the extent to which workers’ and employers’ organizations participate in the formulation and implementation of these measures. The Committee also asks the Government to continue providing information on any complaints or cases of sexual harassment in the workplace handled by the IEFH, the labour inspectorate or the courts, and on the outcome of these complaints.

Pregnancy and maternity. The Committee notes that the proportion of reported cases of discrimination on grounds of pregnancy have been high for several years and recalls that it asked the Government to take measures to prevent and eliminate this type of discrimination in employment and occupation. The Government reports that, in the context of the supervision of social legislation (labour inspection), pregnancy and/or maternity are rarely the subject of complaints. However, the Committee notes that, according to the 2016 IEFH interim report, the total number of reports received of discrimination based on sex and/or gender increased again in 2016 (by 18 per cent from 2015), and in particular the number of complaints increased by 49 per cent. The majority of reports are from women (59 per cent) and concern discrimination in employment, and more than a third (39 per cent) of complaints and requests for information in the context of employment received by the IEFH in 2015 were in relation to pregnancy. Furthermore, according to the IEFH study “Pregnancy and maternity at work: Experiences of women candidates and workers and self-employed women in Belgium”, three out of four women workers have faced at least one form of discrimination, prejudice, unequal treatment or stress at work as a result of pregnancy or maternity. In this respect, the Committee welcomes the launch in October 2017 by the IEFH of an awareness-raising campaign on discrimination related to pregnancy and maternity, known as “Mum’s staying on board”, which included the dissemination of an information guide “Pregnancy at work. A guide for women workers and for employers for treatment free of discrimination” and the organization of a study day on the subject in November 2017. The Committee asks the Government to provide information on the action taken following the findings of the IEFH study “Pregnancy and maternity at work”. In view of the scale of the problem, the Committee asks the Government to continue to support and implement practical initiatives to prevent and eliminate discrimination on the basis of pregnancy and maternity, particularly by strengthening labour inspections, and undertaking information and awareness-raising steps for men and women workers, employers, their respective organizations and the general public. The Government is also asked to continue providing information on the cases of discrimination examined by the IEFH, the labour inspectorate and the courts and on the outcome of any court proceedings, identifying the penalties imposed and the compensation awarded.