GENDER EQUALITY AND NON-DISCRIMINATION AT WORK THROUGH THE LENS OF INTERNATIONAL LABOUR STANDARDS

Abstract

International Labour Organization (ILO) adopted the Discrimination
(Employment and Occupation) Convention (No. 111) and Recommendation
(No. 111), 1958, as the first comprehensive instruments dealing specifically
with equality and non-discrimination in respect of employment and occupation.
Convention No. 111 places the general principle of equality and nondiscrimination
in the context of the world of work. However, other ILO
standards expressly prohibiting discriminatory measures have been adopted.
Considering that elimination of discrimination in respect of employment and
occupation is one of the fundamental principles and rights at work, the
international labour standards are of crucial importance in ensuring equality of
opportunity and treatment, including gender equality. Gender equality at work
relates to all men and women. It cannot be achieved without the elimination of
discrimination. One of the main reasons is that gender inequality is often rooted
in discrimination. Discrimination in employment and occupation is a universal
and permanently evolving phenomenon. It can take a variety of forms, such as
direct discrimination, indirect discrimination, discrimination-based harassment,
multiple discrimination, intersectional discrimination and specific forms of
discrimination, which will be discussed in the paper. In relation to gender
equality, discrimination can be based on many discriminatory grounds, which
are mainly linked to sex as discriminatory ground. According to ILO Committee
of Experts on the Application of Conventions and Recommendations (CEACR),
the notion of “sex” as a prohibited discriminatory ground has evolved to include
pregnancy and maternity, civil and marital status, and family situation and
responsibilities, as well as sexual harassment as a serious manifestation of sex
discrimination. Therefore, discrimination based on the aforementioned grounds,
including sexual harassment, will be examined. In 2019, ILO adopted the
Violence and Harassment Convention (No. 190). It is the first international
labour standard to address violence and harassment in the world of work,
including gender-based harassment, which will also be analyzed.