Gender equality and non-discrimination

Explanatory note

The Convention on the Elimination of All Forms of Discrimination against Women proclaims the principle of equality between women and men and commits its members to "take all appropriate measures to eliminate discrimination against women in the field of employment". Therefore, the principle of equality between women and men, as well as the express prohibition of any type of discrimination based on sex in the field of employment, must be enshrined in different legal standards, including in specific legislation to promote equality between men and women.

Binding ILO Convention

C111 – Discrimination (Employment and Occupation) Convention, 1958 (No. 111)

Legislation: Which are the main legislative sources analysed?

Constitution: general principles and sections relating to work and/or employment.

Labour laws (General Labour Laws, Labour Codes, Labour Relations Laws, etc.)

Equality laws: sections relating to the workplace and/or employment.

Sub-areas and criteria: What do we analyse in this area?

Area	Criterion
Gender equality and non-discrimination	This area has no sub-areas. Indicate whether the Constitution and/or employment legislation explicitly recognises the principle of equality between women and men and non-discrimination, and whether there are specific laws designed to promote equal opportunities and eliminate discrimination.

Area

Criterion

Gender equality and non-discrimination

This area has no sub-areas.

Indicate whether the Constitution and/or employment legislation explicitly recognises the principle of equality between women and men and non-discrimination, and whether there are specific laws designed to promote equal opportunities and eliminate discrimination.

Recommendations: What criteria are used for the recommendation?

Criterion	Definition	Binding recommendation
Preserve	Where the principle of equality between women and men is enshrined in the Political Constitution and employment legislation and there are specific legislative provisions that implement this principle.	No further regulatory action is required. No recommendation is therefore made.
Expand	Where the principle of equality between women and men is enshrined in the Constitution and in employment legislation, but there are no specific regulations to implement or give effect to it.	Foster the development of specific regulations to promote effective equality between men and women.
Reform	Where existing legal provisions are identified that need to be amended to ensure effective compliance with the principle of equality between women and men and the principle of non-discrimination.	Amend the articles containing discriminatory provisions. The body of legislation requiring reform must be explicitly identified, along with the direction in which such amendments should be made.
Eliminate	Where legislative provisions are identified that run counter to the principle of equality between women and men and violate the principle of non-discrimination.	Repeal any regulations that perpetuate inequality and discrimination against women. The legislative provision to be repealed must be specified.