Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Uruguay (Ratification: 1989)

Article 1 of the Convention. Discrimination on the basis of sex. Pregnancy testing. In its previous comments, the Committee noted with satisfaction the adoption of Act No. 18868, of 23 December 2011, which prohibits the requirement of pregnancy tests as a condition for entry, promotion or retention in any post or employment in the public and private sectors, and it requested the Government to provide information on any complaints made to the administrative or judicial authorities under the Act and on the penalties imposed and the compensation granted. The Committee notes the Government’s indication that no complaints have yet been received under Act No. 18868. The Government adds that the labour inspection services conducted investigations into complaints of discrimination on grounds of sex in five cases in 2014 and the same number of cases in 2015. The Committee requests the Government to continue providing information on the application in practice of Act No. 18868, including information on any complaints made to the administrative or judicial authorities under the Act, the penalties imposed and compensation granted, and on any violations detected by the labour inspection services in relation to pregnancy testing, and their outcome.

Sexual harassment. The Committee notes the information provided by the Government on the application of Act No. 18561 on sexual harassment, and particularly the various awareness-raising and training activities undertaken with a view to preventing and eradicating sexual harassment in the working environment, such as support to institutions for the establishment of a board to receive complaints of sexual harassment and the formulation by the National Employment and Vocational Training Institute (INEFOP) of a training programme for private sector enterprises on the prevention of work-related sexual harassment and the establishment of an institutional policy of no tolerance. The Government adds that a course on sexual harassment was undertaken for training institutions for the inclusion of the subject in employment-related training. The Committee also notes that, according to the statistical tables provided by the Government, in 2015 and 2016 there were 56 and 58 complaints of sexual harassment made to the labour inspection services, respectively. The Committee further notes the adoption of Act No. 19580 on gender-based violence against women, of 22 December 2017, which has the objective of guaranteeing the effective right of women to a life free from violence. The Committee notes that section 4 of the Act defines gender-based violence as any form of discrimination which affects women and includes “any conduct, act or emission, in public or private, arising out of an unequal relationship of authority based on gender, which has the objective or result of prejudicing or undermining the recognition, enjoyment or exercise of the human rights or fundamental freedoms of women”. The Committee notes with interest that the Act explicitly recognizes “labour-related violence”, including sexual harassment, among the manifestations of gender-based violence (section 6) and envisages a series of measures to ensure the retention and integration in employment of women victims of violence (sections 40 and 41). The Committee requests the Government to continue providing information on the measures adopted to prevent and eradicate sexual harassment at work, particularly the measures adopted within the context of Act No. 18561 on sexual harassment and Act No. 19580 on gender based violence against women, and the results achieved. The Government is also asked to continue providing information on the number of complaints of sexual harassment made to the administrative or judicial authorities and their outcomes including any penalties imposed or compensation granted.

Article 2. National equality policy. The Committee recalls that in its previous comments it noted with interest that the National Gender Board had carried out an evaluation of the application of the first Plan for Equality of Opportunities and Rights (PIODNA 2007–11) and it requested the Government to provide information on the measures adopted to give effect to the recommendations made within the framework of the evaluation, and the results achieved. The Committee notes that the Government has not provided information on this subject. The Committee also notes and welcomes the National Gender Equality Strategy 2030, which includes among the various types of action envisaged by 2030: (i) promoting a cultural transformation towards gender equality and the deconstruction of gender stereotypes; (ii) promoting the access of women in a situation of socio-economic vulnerability to employment and education, with emphasis on persons of African descent; (iii) ensuring that women agricultural producers have access to co-title to their lands and family productive units; (iv) adopting the necessary measures to combat any form of gender discrimination; (v) compiling statistical information on the socio-economic situation of the population disaggregated by sex, ethno-racial extraction, age, disability and urban, suburban and rural areas of residence; (vi) eliminating educational segregation and promoting the access of women to areas related to sciences; (vii) promoting and reinforcing vocational and/or productive training and initiatives for women; (viii) reducing horizontal and vertical occupational segregation in the public and private sectors; and (ix) promoting the integration of women in the formal economy. The Committee requests the Government to provide information on the measures adopted in the framework of the National Gender Equality Strategy 2030 to promote equality of opportunity and treatment for men and women in employment and occupation, and the progress achieved. Please also provide statistical information disaggregated by sex, ethno-racial extraction, age, disability and urban, suburban and rural areas of residence, which has been compiled within the context of the Strategy in relation to the situation of men and women in employment and the various occupations.

Access of women to employment. The Committee notes the Government’s reference to the study “Persistent inequalities: Labour market, skills and gender” undertaken in 2014 by the United Nations Development Programme (UNDP), according to which, despite the increased participation of women in the labour market, they continue to be engaged in traditionally female jobs, such as office workers, services and the retail trade. The Committee notes that the Continuous Household Survey (ECH) also indicates that in 2016 the various branches of activity did not show major changes with regard to their gender composition. Women continue to be concentrated in services and as saleswomen, followed by unskilled work, while men are more prevalent as officials, mechanical operators and allied work, and unskilled workers. The UNDP study also shows that women continue to work fewer hours a week than men at all levels of education. The Committee further notes the Government’s indication that the INEFOP, at the request of the Tripartite Commission for Equality of Opportunities and Treatment in Employment (CTIOTE), conducted a course on gender and non-discrimination for an enterprise in the construction sector with a view to the reinstatement of two women who had not been included in the workforce due to discrimination based on sex. The Committee requests the Government to continue providing information on the measures adopted to promote the access to employment of men and women on an equal footing and their impact on the participation of women in a broader range of jobs, including non-traditional sectors. It also refers to its comments on the application of the Equal Remuneration Convention, 1951 (No. 100), and the Workers with Family Responsibilities Convention, 1981 (No. 156).

Persons of African descent. The Committee recalls that in its previous comments it noted, among other measures, Act No. 19122 of 2013 respecting provisions to promote the participation of persons of African descent in education and employment and it requested the Government to provide information on the impact of the affirmative action measures adopted within the framework of the Act on the participation of men and women of African descent in the labour market, and on the application in practice of the 8 per cent quota for jobs in the public sector and training activities set out in the Act. The Committee notes the Government’s indication that 6.9 per cent of those registered and participating in INEFOP training courses in 2015 self-identified as being of African descent. With regard to the quota for jobs in the public sector, the Government indicates that, according to the information received from 120 of the 122 units which were required to provide data, in 2016 a total of 275 persons of African descent were recruited by 19 public institutions, representing 1.78 per cent of the jobs filled in the institutions subject to this requirement, 32 per cent of whom were women and 68 per cent men. The Committee also notes the establishment in 2016 of the Education and African Descent Commission in the National Education Department (DNE) of the Ministry of Education and Culture, which established a series of priority actions including: (i) dissemination and awareness raising on the quota for students of African descent; and (ii) training for teachers on education and African descent. The Government also reports that 17.5 per cent of all support grants for middle school were provided to students of African descent in 2015. The figures were 19.01 per cent in 2016 and 19.69 per cent in 2017. With regard to the postgraduate “Carlos Quijano” grants, 11.11 per cent of all grants were awarded to students of African descent in 2015, with the figures rising to 33.33 per cent in 2016 and 27.27 per cent in 2017. With regard to the impact of the affirmative action measures envisaged by Act No. 19122 on the participation of persons of African descent in the labour market, the Committee notes the Government’s indication that there was an increase in 2016 of the entry of persons of African descent into technical and professional positions in relation to previous years (2 per cent in 2014, 5 per cent in 2015 and 12 per cent in 2016). The Committee further notes that, in its concluding observations, the United Nations Committee on Economic, Social and Cultural Rights (CESCR) expressed concern at the limited impact that affirmative action measures have had in opening up access to employment for persons of African descent (E/C.12/URY/CO/5, of 20 July 2017, paragraph 17). The Committee also notes that, in its concluding observations, the United Nations Committee for the Elimination of Racial Discrimination (CERD) expressed concern at the multiple types of discrimination facing women of African descent in education and the labour market (CERD/C/URY/CO/21-23, 12 January 2017, paragraph 20). Similarly, the United Nations Committee for the Elimination of Discrimination against Women (CEDAW) referred in its concluding observations to the disproportionate level of educational exclusion, lower salaries and more disadvantageous incorporation into the workforce of women of African descent (CEDAW/C/URY/CO/8-9, 25 July 2016, paragraph 9). The Committee further notes that, according to the annual report of the Honorary Committee against Racism, Xenophobia and other forms of Discrimination (CHRXD) of Uruguay of March 2017, 21 complaints concerning racial discrimination were received in 2016 and 2017, of which 88 per cent concerned persons of African descent, and 48.21 per cent related to discrimination in the working environment. The Committee encourages the Government to continue making all the necessary efforts to promote and guarantee equality of opportunity and treatment in employment and occupation for women and men of African descent and to provide information on this subject. The Government is also asked to continue to provide information on the effect given in practice to Act No. 19122 and its impact on the participation of persons of African descent in employment and vocational training.

Workers with disabilities. The Committee notes the information provided by the Government concerning the application of Act No. 18651, of 19 February 2010, on the comprehensive protection of persons with disabilities. In particular, it notes the training undertaken by the INEFOP during the period 2015–16 for 657 persons with disabilities with a view to promoting their employment or educational reintegration. The Committee further notes the various awareness-raising and training activities undertaken in relation to disability in the labour market for employers, workers, unions and organizations of persons with disabilities. The Government adds that measures have been taken for the progressive improvement of accessibility to premises and means of communication which depend directly on the INEFOP. With regard to the National Civil Service Office (ONSC), which administers the recruitment and human resources selection system, the Committee notes that in 2016 and 2017 two calls were issued to persons with disabilities and that 39 and 17 applicants with disabilities, respectively, were successful in the skills and background stages. The Government also indicates that 22 persons with disabilities were recruited by public institutions (with permanent contracts) in 2015, representing 0.33 per cent of vacancies (14 men and eight women). In this regard, the Committee notes that the United Nations Committee on the Rights of Persons with Disabilities, in its concluding observations, expressed concern at the high levels of unemployment among persons with disabilities and the fact that the civil service employment quota for persons with disabilities was not met (CRPD/C/URY/CO/1, 30 September 2016, paragraph 57). The Committee requests the Government to continue providing information on the measures adopted to promote the access and retention in employment of persons with disabilities, including information on the adaptations made to enable persons with disabilities to perform their work adequately in accordance with section 51(h) of Act No. 18651 and on any other measure intended to promote compliance with the public sector employment quota, including vocational training and education measures.

Complaint procedures. The Committee notes the information provided by the Government concerning the activities undertaken by the CHRXD, which is responsible for receiving complaints from persons or groups of persons who consider that they have been victims of situations of discrimination. In particular, the Committee notes that in 2015 the CHRXD received 29 complaints, of which ten related to situations of discrimination in the working environment. In relation to these cases, the CHRXD submitted reports to the judicial authorities on five occasions, and in the other cases promoted the corresponding administrative investigation or referred the situation to the labour inspection services. The Committee also notes that, according to the 2017 report of the CHRXD, of the 21 complaints received that year, 25 per cent concerned discrimination based on sexual orientation, 8.9 per cent discrimination on the basis of disability, 3.5 per cent gender-based discrimination and 44.6 per cent racial discrimination. Of all these complaints, around ten were related to the working environment. The Committee further notes the information provided by the Government on the cases of discrimination detected by the labour inspection services. The Committee requests the Government to continue providing information on any cases of discrimination in employment dealt with by the labour inspection services, the judicial authorities or other competent authorities, and their outcomes. The Committee also once again requests the Government to indicate whether legal procedures in cases of discrimination provide for the reversal of the burden of proof.