Summary description of ILO Equality Conventions, Nos. 100 and 111

In 1944, the ILO's Constitution and mandate was refreshed by the Declaration of Philadelphia. Among other things, it affirmed that "all human beings, irrespective of race, creed or sex, have the right to pursue their material well-being and their spiritual development in conditions of freedom and dignity, of economic security and equal opportunity"

From the very first, the question of the observance of equality of opportunity and treatment has been one of the fundamental objectives

of the ILO. The Constitution, as rendered in 1919, said that this principle is among those that are "of special and urgent importance" that should guide the policy of the ILO, and prescribed that "the standards set by law in each country with respect to the conditions of labour should have due regard to the equitable economic treatment of all workers...." Since then, many international labour standards have been imbued with elements aimed at equality of opportunity, naming a variety of reasons for which distinctions should not be made between people in their work, livelihood, education and training. The Governing Body recognized recently again the continuing essentiality of these principles, in two Fundamental ILO Conventions.

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

Calls for a national policy to eliminate discrimination in access to employment, training and working conditions, on grounds of race, colour, sex, religion, political opinion, national extraction or social origin and to promote equality of opportunity and treatment.

The Convention assigns to each State which ratifies it the fundamental aim of promoting equality of opportunity and treatment by declaring and pursuing a national policy aimed at eliminating all forms of discrimination in respect of employment and occupation.

Discrimination is defined as any distinction, exclusion or preference based on race, colour, sex, religion, political opinion, national extraction or social origin (or any other motive determined by the State concerned) which has the effect of nullifying or impairing equality of opportunity or treatment in employment or occupation. The scope of the Convention covers access to vocational training, access to employment and to particular occupations, and terms and conditions of employment.

Member States having ratified this Convention undertake to repeal any statutory provisions and modify any administrative instructions or practices which are inconsistent with this policy, and to enact legislation and promote educational programmes which favour its acceptance and implementation in co-operation with employers' and workers' organizations. This policy shall be pursued and observed in respect of employment under the direct control of a national authority, and of vocational guidance and training, and placement services under the direction of such an authority.

Equal Remuneration Convention, 1951 (No. 100)

States having ratified the Convention shall promote and, in so far as is consistent with the methods in operation for determining rates of remuneration, ensure the application to all workers of the principle of equal remuneration for men and women workers for work of equal value.

The Convention shall apply to basic wages or salaries and to any additional emoluments whatsoever, payable directly or indirectly, in cash or in kind, by the employer to the worker and arising out of his or her employment. The Convention defines equal remuneration for work of equal value as remuneration established without discrimination based on sex.

This principle may be applied by means of national laws or regulations, legal machinery for wage determination, collective agreements or a combination of these various means. One of the means specified for assisting in giving effect to the Convention is the objective appraisal of jobs on the basis of the work to be performed.

The Convention provides that governments shall co-operate with employers' and workers' organizations for the purpose of giving effect to its provisions.

In its supervision of these instruments, the Committee of Experts on the Application of Conventions and Recommendations has recognized that the achievement of favourable conditions for equality of opportunity and treatment in employment and occupation is a continuing endeavour. In their own terms, these two instruments comprehend this. Nevertheless, the road to equality has over the years been punctuated by stark examples of the need for international action against the infringement at the national level of the basic right to equality. Here, the ILO's standards have been of paramount importance as a rallying point.