Convention 111Discrimination (Employment

and Occupation), 1958

Fundamental principle

Design and implement policies to promote equality of opportunity and treatment in respect of employment and occupation with a view to eliminating any discrimination in respect thereof

Ratifications

142 Member States

Almost all States have included anti-discriminatory provisions in their national legislation or constitution and several of them have stated their intention to ratify the Convention or to study it with a view to ratification

Scope and fields covered

All persons

Employment and occupation (included self-employment)Access to vocational training (training, vocational guidance), to employment and to particular occupations (access to wage employment, access to non-wage employment, placement, access to the public service, access to employers’ and workers’ organisations)Terms and conditions of employment (advancement, security of tenure, equal remuneration, social security)

Definition of discrimination

Any distinction, exclusion or preference made on the basis of race, colour, sex, religion, political opinion, national extraction or social origin, which has the effect of nullifying or impairing equality of opportunity and treatment in employment and occupation

Large definition

Discrimination in law and in practice (« de jure » and « de facto »)

Direct and indirect discrimination

Indirect discriminationAny distinction or measure apparently neutral that, in practice, has the effect or result of disproportionately impacting on a particular group or sex. It is not evident at first glance but only after having analysed the de facto effects of policies or legal provisions.

Exceptions to definition

• Any distinction, exclusion or preference in respect of a particular job based on the inherent requirements of the job (they cannot be extended to an entire sector of activity)

• Special measures of protection or assistance provided for in ILO Conventions or Recommendations (maternity, health)

• Other special measures designed to meet particular requirements of persons, such as sex, age, disablement, family responsibilities or social and cultural status (indigenous and tribal peoples)

Grounds of discrimination

• Race• Colour• Sex• Religion• Political opinion• National

extraction• Social origin

• Others determined by the State concerned after consultation with representatives of employers’ and workers’ organizations

Grounds of discrimination

RACE/COLOUR• Ethnic

minorities• Shading• indigenous

peoples• tribes/clans

NATIONAL EXTRACTION• Distinctions made within a

country between its own nationals on the basis of foreign extraction or birth (naturalised citizens, descendants of foreign immigrants)

• persons belonging to groups of different national extraction living in the same State (national minorities)

Grounds of discrimination

SEX• Either sex but usually

against women• Often indirect• Civil and marital status• Family responsibilities• Pregnancy and

confinement• Sexual harassment• Protection may be

disguised discrimination

RELIGION• Based on being or

not being of a certain faith

• Expression or manifestation of belief, I.e. affiliation, clothing, ceremonies

• Includes atheism

Grounds of discriminationSOCIAL ORIGIN

• Individual’s membership in:– a class– social-economic

category– caste

• Increasingly rare in most countries

POLITICAL OPINION• Activities expressing or demonstrating

opposition to the established political principles, or simply a different opinion

• Protection applies to opinions either expressed or demonstrated. It does not apply if violent methods are used to express or demonstrate these opinions

• Membership in a political party• Political or socio-political attitude, civic

commitment, moral qualities• Measures of security of the State not

considered to be discrimination but appeal procedures must be available

Grounds of discriminationOther grounds

• Workers with family responsibilities

• Disabled persons• State of health

(AIDS/HIV)• Age

• Language• Trade union

membership• Sexual orientation• ...

Suggestions to adopt an additional optional

protocolOBJECTIVES

• harmonise Convention 111 with other ILO standards and with other international human rights instruments

• reflect the evolving character of discrimination and promotion of equality

EXPECTED CONTENT• other grounds of

discrimination (age, disability, family responsibilities, language, matrimonial status, nationality, property, sexual orientation, state of health and trade union affiliation

• shifting the burden of proof in cases of discrimination