REPORT OF THE DIRECTOR-GENERAL Equality at work: The continuing challenge Global Report under the follow-up to the ILO Declaration on Fundamental Principles and Rights at Work INTERNATIONAL LABOUR CONFERENCE 100th Session 2011 Report I(B) INTERNATIONAL LABOUR OFFICE GENEVA This Report may also be consulted on the ILO website (www.ilo.org/declaration). ISBN 978-92-2-123091-5 (print) ISBN 978-92-2-123092-2 (web PDF) ISSN 0074-6681 First published 2011 The designations employed in ILO publications, which are in conformity with United Nations practice, and the presentation of mater ial therein do not imply the expression of any opinion whatsoever on the part of the International Labour Office concerning the legal status of any country, area or territory or of its authorities, or concerning the delimitation of its frontiers. The responsibility for opinions expressed in signed articles, studies and other contributions rests solely with their authors, and publication does not constitute an endorsement by the International Labour Office of the opinions expressed in them. Reference to names of firms and commercial products and processes does not imply their endorsement by the International Labour Office, and any failure to mention a particular firm, commercial product or process is not a sign of disapproval. ILO publications can be obtained through major booksellers or ILO local offices in many countries, or direct from ILO Publications, International Labour Office, CH-1211 Geneva 22, Switzerland. Catalogues or lists of new publications are available free of charge from the above address, or by email: [email protected]. Visit our web site: www.ilo.org/publns. Photocomposed in Switzerland WEI Printed in Switzerland SRO Contents Executive summary . ix List of abbreviations . xvii Introduction . 1 Part I. An evolving picture: Capturing the trends . 5 The impact of the global economic crisis on non-discrimination in employment and occupation . 5 Impact on migrant workers . 5 The crisis and women workers . 6 Poverty and discrimination . 7 Responding to the crisis . 9 Stimulus packages . 9 Preventing harmful effects of fiscal consolidation . 10 Institutional capacity to deal with non-discrimination . 11 Monitoring the impact of policies and measures . 12 Measuring discrimination . 13 Recent legal developments . 14 Ratification of core Conventions . 14 Legislative trends . 14 Remaining challenges . 15 Discrimination based on multiple grounds . 16 Addressing multiple discrimination . 17 Part II. From principles to practice . 19 Discrimination based on sex . 19 Promoting gender equality through gender mainstreaming . 19 Affirmative action . 20 Persistence in gender pay gaps . 21 Means to narrow the gender pay gap . 22 Maternity and paternity status . 24 Balancing work and family responsibilities . 25 Girls’ access to education . 26 Legislation on marital status . 26 v EQualitY at worK: The continuing challenge Complaints of sexual harassment . 27 Discrimination based on race and ethnicity . 27 Alarming trends worldwide . 27 Little progress for people of African descent . 28 Indigenous peoples: The case of Latin America . 31 Policies and measures targeting indigenous peoples . 32 Europe and the Roma people . 33 Discrimination based on nationality and the case of migrant workers . 34 Manifestations of discrimination in employment . 35 Working conditions . 35 Measures aimed at limiting migration and expelling migrant workers . 36 Integration versus assimilation . 37 Xenophobia and violence . 37 Limited awareness of rights . 39 Legal developments and proactive measures . 39 Diversity policies . 39 Discrimination based on religion . 40 Increasing visibility of religious discrimination . 40 Manifestation of religion in the workplace . 40 Freedom not to disclose one’s religion . 41 Managing a religiously diverse workplace . 41 Discrimination based on political opinion . 42 Legislative measures . 42 Discrimination based on social origin . 43 Caste-based discrimination . 43 Legislative and policy developments . 44 Discrimination based on HIV status . 44 Marginalization of persons living with HIV and AIDS . 45 HIV testing and screening . 45 Recent legal developments and remaining gaps . 46 Role of the social partners . 46 Discrimination based on disability . 46 Pervasive inequalities in employment . 46 Limited access to education and vocational training . 47 Failure to provide reasonable accommodation . 47 Recent efforts to provide adequate legal protection . 48 Enhancing the employability of persons with disabilities . 48 Discrimination based on age . 49 An increase in age-related complaints . 49 Measures to achieve equality for older workers . 49 The situation of younger workers . 50 Discrimination based on sexual orientation . 51 Progress on anti-discrimination measures . 51 Trade unions taking action . 51 Discrimination based on genetics . 52 Legislative developments . 52 Discrimination based on lifestyle . 53 Discrimination based on body weight . 53 Discrimination based on smoking . 54 vi Contents Part III. The ILO’s response . 57 Decent work for all . 57 Promoting action on non-discrimination . 58 Better design and enforcement of legislation . 59 Gender equality . 59 Equal remuneration for men and women . 62 Reconciling work and family responsibilities . 63 Equality with respect to race and ethnicity . 63 Protecting migrant workers . 64 Equal opportunities for persons with disabilities . 65 Age discrimination . 65 Part IV. Towards an action plan . ..