Week 8

• Global gender gap in employment: Women labor force participation is 47%, lower than men's rate of 72% (ILO data 2017)
• Across the OECD, women are less likely to be employed than men, with the OECD average female employment rate at 65%, around 10 percentage points lower than men (OECD 2021)
• Women are overrepresented in vulnerable jobs, such as domestic workers where about 83% are women, many of whom are migrant workers (ILO estimations 2011)
• EIGE's Gender Equality Index 2022 highlights ongoing inequalities within the labor market segregation and participation:

  • Women are more likely to work part-time (30% of women & 8% of men)
  • Interruptions of women's careers due to childbirth result in lower lifetime income
  • Caring responsibilities are a reason for inactivity for 30% of inactive women, compared to 5% of men
  • Labor market is heavily segregated, with women more likely to work in lower-paying positions with fewer options for career growth
• Gender pay gap in the EU stands at 12.7% on average in 2021 and has only changed minimally over the last decade (Eurostat 2021)
• ILO Convention No. 111 focuses on Discrimination in Employment and Occupation
• International level Anti-discrimination Legislation includes ICCPR 1966, ICESCR 1966, and CEDAW 1979
• EU equality law legislation includes several provisions on the right to equal treatment and non-discrimination in Treaties, along with Directives like 2000/43 (race and ethnicity) and 2000/78 (Framework)
• Council of Europe instruments like Article 14 ECHR, Protocol N. 12 to the ECHR, and the European Social Charter address discrimination and equality
• ILO Convention No. 111 defines discrimination as any distinction, exclusion, or preference that nullifies or impairs equality of opportunity or treatment in employment or occupation
• Grounds of discrimination not covered by Convention No. 111 include trade union membership, family situation, HIV and AIDS, disabled persons, and older workers
• ILO Convention No. 111 excludes distinctions based on the 'inherent requirements' of a job, activities prejudicial to the security of the State, and special measures of protection or assistance provided in other Conventions or Recommendations
• Exception to equal treatment rules due to characteristics related to sex, race, age, disability, religion, etc., can be justified by a genuine and determining occupational requirement
• At the EU level, there is a restricted interpretation and periodical evaluation of the professions concerned regarding exceptions to equal treatment
• CJEU case law examples:

  • *Kreil* C-285/98 (against the principle of equal treatment to exclude women from the armed forces)
  • *Sirdar* C-273/97 (allowed exclusion from special military units)
• Areas protected by Article 1.3 of Convention No. 111 and Recommendation No. 111 include training and employment of choice, career advancement, security of tenure of employment, remuneration, and conditions of work (hours of work, rest periods, annual holidays with pay, occupational safety, social security)
• State obligations under Article 3 of ILO Convention 111 involve positive actions like seeking cooperation of employers' and workers' organizations, legislation, educational programs, policy measures, and negative actions such as repealing or modifying statutory provisions leading to discrimination and providing remedies through a litigation-based model
• ILO Convention 100 emphasizes equal remuneration for men and women workers for work of equal value through various means like national laws, collective agreements, or a combination of these
• At the EU level, Article 157 TFEU and Recast Equal Treatment Directive New Directive 2023/970 address the gender pay gap with pay transparency measures including providing information about the initial pay level or its range for job-seekers, the right to request pay information for employees, reporting on the gender pay gap, and conducting joint pay assessments when a gender pay gap of at least 5% is revealed
• In a case study involving Australia v. HR and Equal Opportunity Commission and Hamilton, the interpretation of 'discrimination' covers both direct and indirect discrimination, and age and proximity to retirement were considered non-inherent requirements
• In a case study on China, the Committee of Experts expressed deep concern over the widespread and systematic use of forced labor of Uyghur and other Turkic and/or Muslim minorities, emphasizing the need to eliminate discrimination based on race, linguistic communities, or minority groups
• Convention No. 100 addresses Equal Remuneration
• Convention No. 156 deals with Workers with Family Responsibilities