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 specificallywith equality and non-discrimination in respect of employment and occupation.Convention No. 111 places the general principle of equality and nondiscriminationin the context of the world of work. However, other ILOstandards expressly prohibiting discriminatory measures have been adopted.Considering that elimination of discrimination in respect of employment andoccupation is one of the fundamental principles and rights at work, theinternational labour standards are of crucial importance in ensuring equality ofopportunity and treatment, including gender equality. Gender equality at workrelates to all men and women. It cannot be achieved without the elimination ofdiscrimination. One of the main reasons is that gender inequality is often rootedin discrimination. Discrimination in employment and occupation is a universaland permanently evolving phenomenon. It can take a variety of forms, such asdirect discrimination, indirect discrimination, discrimination-based harassment,multiple discrimination, intersectional discrimination and specific forms ofdiscrimination, which will be discussed in the paper. In relation to genderequality, discrimination can be based on many discriminatory grounds, whichare mainly linked to sex as discriminatory ground. According to ILO Committeeof Experts on the Application of Conventions and Recommendations (CEACR),the notion of “sex” as a prohibited discriminatory ground has evolved to includepregnancy and maternity, civil and marital status, and family situation andresponsibilities, as well as sexual harassment as a serious manifestation of sexdiscrimination. Therefore, discrimination based on the aforementioned grounds,including sexual harassment, will be examined. In 2019, ILO adopted theViolence and Harassment Convention (No. 190). It is the first internationallabour standard to address violence and harassment in the world of work,including gender-based harassment, which will also be analyzed