Part I. Human Resources Development

Chapter V. Promotion of equal opportunity

280. Article 1, paragraph 5, of Convention No. 142 stipulates that vocational guidance and vocational training policies and programmes "shall encourage and enable all persons, on an equal basis and without any discrimination whatsoever, to develop and use their capabilities for work in their own best interests and in accordance with their own aspirations, account being taken of the needs of society". Recommendation No. 150 defines these objectives in the same terms and stipulates that Members should aim in particular at "ensuring that all have equal access to vocational guidance and vocational training" (Paragraph 5(2)(a)).

281. As the Committee noted in its 1988 General Survey on Equality in Employment and Occupation, equal access to training is considered a determining factor in gaining access to employment and occupation in many countries which have adopted constitutional and legislative provisions and regulations to this effect. (Endnote 1)

282. The effective implementation of equal opportunity and treatment requires positive measures to correct discriminatory practices which may subsist despite legal declarations of the principle of equality. Such inequalities affect particularly certain groups or categories of the population which Recommendation No. 150 has identified mainly in Parts VII to IX. The persistence of inequalities gives special importance to the specific provisions of the Recommendation concerning the measures to be taken, in particular as regards vocational guidance and vocational training, so that the groups or categories in question may enjoy equal opportunity in employment. In examining below the effect given to the provisions of Parts VII to IX of Recommendation No. 150, the Commission will restrict itself to the information contained in the reports and refrain from repeating observations contained in its earlier general survey of 1988.

Section 1. Promotion of equal opportunity in training and employment for men and women

283. Under the terms of Recommendation No. 150, measures should be taken to ensure that men and women have equal opportunity in employment and society in general, and, in the application of these measures, account should be taken of the provisions of the 1964 Employment Policy Convention (No. 122) and Recommendation (No. 122). The principle of equality of opportunity as between men and women, although often incorporated within the constitutional framework of equal rights, is also included in legislations which expressly prohibit discrimination on the ground of sex or which make provision for equal rights without discrimination based on sex. (Endnote 2) The principle is implemented by policies which make primary, technical and vocational education available to everyone free of charge (Endnote 3) and measures seeking to abolish discriminatory practices. Such discriminatory practices are fairly widespread and are generally the result of prejudice and traditional attitudes concerning the roles of women and men in society and working life, and which the Recommendation wishes to see modified (Paragraph 54(2)(a)).

284. Some countries have adopted programmes and measures to combat prejudice against women in working life and to encourage public opinion in general, and those responsible for vocational guidance and vocational training and the social partners in particular to change their concept of the occupational status of women in society. Thus, for example, in Germany a four-year information campaign was launched by the Federal Ministry of Education and Science in an attempt to eradicate stereotyped attitudes towards girls and women, addressed in particular to parents, teachers, vocational guidance counsellors, instructors, employers. In the United States, the federal Government grants funds for the running of state vocational training services and activities designed to meet special needs and to encourage the participation of persons who follow programmes to eliminate prejudice based on sex in vocational education. (Endnote 4) In Ireland efforts have been made to persuade editors to eliminate sexism in school textbooks. (Endnote 5) In Cyprus attempts are being made to overcome prejudice as regards certain occupations. In Portugal, pilot projects for the training of women in jobs in sectors in which they are under-represented have been introduced and a campaign has been launched to increase the awareness of young persons, employers and officials of the Institute of Employment and Vocational Training (IEFP) of equal opportunity issues. In Japan, the Government indicates it is trying to reshape traditional attitudes concerning the capabilities and the role of women, in particular through information campaigns.

285. Vocational guidance (Paragraph 54(2)(b)) plays a decisive role in the promotion of equal opportunity. In countries where vocational guidance services are well developed, it is possible to overcome most of the stereotypes which associate certain occupations exclusively with one sex and to widen the career options of young women. Measures taken include both programmes to encourage women to follow traditionally male training courses, using different kinds of information, (Endnote 6) and specific steps to adapt vocational guidance activities. To this end, some countries have set up special bodies responsible for promoting equal opportunity in vocational guidance. (Endnote 7) Furthermore, in Sweden, training courses encourage both girls and boys to turn towards activities which have been traditionally performed by the other sex. In Australia, several projects based on similar policies have been introduced by the authorities of the various states. (Endnote 8)

286. In addition to measures to broaden the range of occupations to which women can be guided, it is the actual access to education and vocational training for all types of employment, including those traditionally accessible only to men, which Recommendation No. 150 seeks to promote "subject to the provisions of international labour Conventions and Recommendations" (Paragraph 54(2)(c)). According to the information provided by several governments, the promotion of access by girls and women to all types of education and vocational training is an obligation or constant concern of the training bodies. (Endnote 9) Some governments have simply referred to courses provided free of charge and open to both sexes. (Endnote 10) It should also be recalled that several countries have adopted legislation which prohibits and penalises discrimination based on sex directly related to occupational training. (Endnote 11) However, affirmative measures assume special importance in this connection. (Endnote 12) Several countries have thus opened training schools or courses which are specially but not exclusively intended for women. This is the case, for example, in Australia, (Endnote 13) Denmark (Endnote 14) and the Netherlands. (Endnote 15) In Italy, a government bill which establishes affirmative measures to facilitate the access of women to vocational training and further training has been submitted to Parliament.

287. Measures to promote equal opportunity should include further training for girls and women to ensure their personal development and advancement to skilled employment and posts of responsibility (Paragraph 54(2)(d) of Recommendation No. 150). In addition to further training programmes open to both sexes, (Endnote 16) several countries have developed vocational training projects for those women, often unemployed, who lack the necessary skills for new activities or those which require greater occupational experience. In some countries employers are encouraged to employ women with equal qualifications and offer them the same opportunities as men to enrich their occupational experience. In Germany, pilot projects for the further training of unemployed persons, and in particular women, have been launched, opening up new employment opportunities, and the Employment Promotion Act has broadened the access of women to further training and retraining. In Norway, the Labour Market Administration encourages employers to recruit women for jobs traditionally held by men by the granting of subsidies covering part of the wage during a certain time. In Canada, in line with the same concerns, employment equity counsellors help employers to analyse their employment policies and the composition of their workforces.

288. Some countries have made efforts, consonant with the provisions of Paragraph 54(2)(e) of the Recommendation, to enable girls and women with family responsibilities (Endnote 17) to have access to normal vocational training, for example by ensuring that training premises are situated nearby or easily accessible by public transport (Endnote 18) and through the organisation of part-time courses (Endnote 19) and specially adapted programmes, (Endnote 20) opening crèches or providing assistance for child care (Endnote 21) or the granting of family allowances or modifying work schedules for women with children, (Endnote 22) or housing allowances. (Endnote 23) Some of these measures apply equally to men with family responsibilities.

289. Without listing all the positive measures adopted by countries, mention should be made of the retraining of women, (Endnote 24) the granting of financial assistance or the organisation of courses for women who wish to set up their own enterprises, (Endnote 25) or for women above the normal age of entry into employment who wish to take up work for the first time or return to work, (Endnote 26) projects for foreign nationals who have little or no knowledge of the language of the host country, (Endnote 27) as well as programmes for women in rural or remote areas. (Endnote 28)

Section 2. Particular groups of the population

290. Special attention should be given in particular to the following groups: (a) persons who have never been to school or who left school early; (b) older workers; (c) members of linguistic and other minority groups; (d) handicapped and disabled persons. Measures should be taken to provide effective and adequate vocational guidance and vocational training for them so that they enjoy equality in employment and improved integration into society and the economy (Paragraph 45 of the Recommendation).

(a) Young persons

291. The vocational training and vocational guidance measures taken in several countries on behalf of young persons can be classified into three main heads: these are courses outside the school system and comprising basic training for young persons who have received little or insufficient education; special vocational training for unemployed young persons; and special further training courses. The government reports show that programmes are intended not only for young persons without education or who have left school early, but also for persons who, although they have attended school, need help in gaining access to the labour market. This is often the case in countries in which school is compulsory but where unemployment makes the transition from school to employment even more difficult for persons without a secondary-school certificate. In Canada, for example, where a senior secondary certificate is indispensable for young persons who wish to continue their training, more than 100,000 pupils (i.e. almost one-third of the original number) drop out of secondary education each year: most of them are soon classified as functionally illiterate and many become "marginalised". (Endnote 29)

292. Several governments have stressed in their reports that they give special attention to the case of young persons who have left or who are likely to leave school early. (Endnote 30) In the Netherlands, for example, young persons are encouraged to complete the normal cycle of education and vocational training. (Endnote 31) Other governments refer to special vocational schools, remedial programmes and other opportunities for young persons and adolescents who experience difficulties in following compulsory schooling or who have not finished their schooling, (Endnote 32) but the reports give few details of the activities carried out. Given the general seriousness of the problem of unemployment among young persons, a number of measures have been taken particularly to provide young persons with vocational training enabling them to obtain lasting employment; this often includes on-the-job practical training. According to the government reports, most of these measures are targeted at young persons in general without distinction between those who have little schooling and those with none at all; in addition to special training courses for unemployed persons, initial general vocational training is also provided wherever possible. In Norway, alternative training programmes have been set up which include both theoretical and practical courses for young persons who find it hard to adapt to schools or who may drop out. In Ireland, early school-leavers may be offered up to two years of complementary education and training under the "Youth reach" programme. In Egypt, one of the objectives of vocational training is to prevent the nefarious social consequences for young persons who drop out of basic education, by providing them with occupational skills which are required on the labour market: one formula used is vocational apprenticeship, which is designed for young persons between the ages of 12 and 20 who have dropped out of school, enabling them to become semi-skilled in one of the trades for which there is a demand on the labour market. In Canada, special integration and reintegration programmes have been set up for young unemployed drop-outs: the Government has noted that the number of persons dropping out of secondary education is a problem requiring attention at the federal level and the Department of Employment and Immigration has launched a national "Stay-in-School" initiative, to make young persons more aware of the risks of dropping out; establish national and local consultations between undertakings, workers, representatives of all levels of education and voluntary organisations; to stimulate dialogue, exchange information and develop solutions; and to increase public awareness of the drop-out problem. (Endnote 33) In the United Kingdom, any young unemployed person has the right under a youth training guarantee programme to attend (if necessary several times) a training course adapted to his or her needs and providing an opportunity for acquiring complete or partial occupational qualifications. The Government of Sweden reports that young jobseekers can follow courses in special training centres. In Australia, the Job Search Training Programme provides several services to young unemployed persons. In Kenya the National Youth Service trains and prepares young persons of both sexes for self-employment or salaried employment.

293. The training work contract formula is fairly widespread, judging from government reports. (Endnote 34) It requires close collaboration between the social partners and is becoming a frequent means of access to the job market. (Endnote 35) The target groups of this combined form of training vary from country to country. In Belgium, employment/training agreements (Endnote 36) are intended for young persons seeking employment between the ages of 18 and 25. In Portugal, similar programmes have been designed for young persons between the ages of 16 and 18 who have no skills and for unemployed persons aged between 19 and 25 who have some occupational experience. In Italy, employment/training contracts have been established for the 15-to-29-year age group. In France, young persons between 18 and 25 may finish their training by undertaking an occupational internship (SIVP) which is a training course providing an introduction to employment, "skill acquisition contracts" or "adaptation contracts"; furthermore, the Government is attempting to make entry into working life easier for the most disadvantaged young jobseekers. In Egypt, intensive training both in a training centre and completed within an enterprise is available to young persons from the age of 18. In Australia, the Australian Traineeship System (ATS) is open to young persons between the ages of 16 and 18, preference being given to those who have not completed secondary school. The length of training varies from country to country. (Endnote 37)

294. It should also be noted that it is relatively common to grant subsidies, deductions or temporary suspensions of social security contributions and other financial assistance to enterprises which provide training to young persons. (Endnote 38)

(b) Old workers

295. Both Convention No. 142 and Recommendation No. 150 reflect the concern to provide special vocational guidance and vocational training measures for older workers. After stipulating, as noted above, that such policies and programmes should be addressed to all persons on an equal basis and without any discrimination whatsoever, the Convention prescribes that the vocational guidance and training systems should meet the needs of young persons and adults throughout life. (Endnote 39) The Recommendation considers older workers as a particular group of the population to which special attention should be given and thus lists measures which might be taken to meet difficulties faced by them in employment. (Endnote 40) Recommendation No. 150 sets these measures within the context of the promotion of equal opportunity in employment. (Endnote 41) It recommends that positive measures should be taken as regards working conditions, vocational guidance and vocational training, educating the general public, encouraging economically active older workers to take advantage of the facilities which may be provided and developing work methods, tools and equipment adapted to their special requirements. As regards measures targeted specifically and exclusively at older workers by governments, the reports mention only a few examples. (Endnote 42)

296. Some measures taken by governments or the private sector in the fight against unemployment in general and as a result of industrial reconversion or modernisation may affect economically active older workers. In this respect, as the Committee of Experts noted in its 1989 General Survey on social security protection in old age, many countries have been led to lower the pensionable age for the unemployed not only to protect the elderly unemployed for whom it is difficult to find alternative employment but also as a means -- alongside other measures such as pre-retirement or gradual retirement -- of combating unemployment. (Endnote 43)

297. The reports of a number of governments indicate that older workers are one of the concerns of national authorities as reflected in their employment and human resources development policies. Thus several countries (such as Germany, Italy, the United Kingdom, and the United States) have adopted measures and programmes on behalf of these workers, in particular with a view to identifying their needs and special difficulties, providing them with the vocational guidance and vocational training which they require and encouraging them to take advantage of the facilities available to help them overcome their problems.

(c) Linguistic and other minority groups

298. Under the terms of Recommendation No. 150 (Paragraphs 51 and 52), these groups should be provided with information and special vocational guidance and vocational training programmes which meet their specific needs, if possible, in their own language.

299. An examination of the information received shows that one kind of measure taken by the national authorities concerns the linguistic difficulties of these groups and often takes the form of language courses both for homogeneous minorities (Endnote 44) and for other persons who suffer discrimination or difficulties resulting from a lack of knowledge of the dominant language, without necessarily being members of a linguistic minority. (Endnote 45)

300. Another set of measures adopted in a number of countries provides vocational guidance and vocational training to linguistic or other minorities in their own languages. In the United Kingdom, the Training Agency has focused on the difficulties of trainees who require an English-language programme specially adapted to non-English speakers: (Endnote 46) the Government points out that a brochure on the programme of grants available to enterprises has been published in Welsh and in five of the languages spoken by minorities. (Endnote 47) In the Netherlands several special measures have been introduced for ethnic or cultural minorities, including Moluccans: the manpower training services have set up centres for vocational orientation and preparation (CBB) (Endnote 48) which provide programmes combining vocational guidance and access to further training courses for underprivileged unemployed persons, including ethnic minorities; "Dutch in the workplace" courses help persons who do have a job to adapt themselves to the life of their enterprise or institution and speak the Dutch language sufficiently fluently to be able to benefit from vocational training proper. (Endnote 49)

301. Some countries, such as Czechoslovakia and Finland which have Tzigane minorities, have adopted measures on their behalf, in particular special vocational training programmes. In other countries, where there are indigenous or tribal peoples, the information provided in the reports gives only a brief outline of the programmes and special vocational guidance and training measures which have been introduced in this respect. In Canada, in Saskatchewan, the Non-Status Indian Metis Programme provides such people with financial assistance for academic upgrading, pre-trades and life-skills training; a network of regional native employment co-ordinators has been set up and counsellors are available in regions with a large number of such peoples. In the United States, special programmes for Indians and native Hawaiians have been set up and financed at federal level under the Carl D. Perkins Vocational Education Act of 1984. In Finland, special vocational training courses have been established for the Lapps, and Swedish courses are regularly taught in training centres. In Mexico, a Spanish-language teaching programme has been introduced for the indigenous population. In Norway, priority access is granted to Lapps in the second stage of secondary education. Australia has adopted a series of measures on aboriginals, including an on-the-job training programme in a wide range of occupations; community-based projects have also been introduced to meet the training needs of communities in the absence of any other kind of suitable training; the Formal Training Scheme helps aboriginal jobseekers to follow theoretical training in specialised establishments; and the Work Experience Programme, which enables aboriginal jobseekers with little or no stable employment experience to work in a job for a maximum duration of three months, provides for the repayment to employers of remuneration paid under this programme; the Enterprise Employment Assistance Programme helps undertakings owned by aborigines to employ aborigines during the start-up phase. In this context, the Committee recalls that the Indigenous and Tribal Peoples Convention, 1989 (No. 169), contains provisions respecting education, vocational training, handicrafts and rural industries.

(d) Handicapped and disabled persons

302. Convention No. 142 makes express provision for the establishment of appropriate vocational guidance programmes for handicapped and disabled persons. It is supplemented by Paragraph 53 of Recommendation No. 150, which stipulates that persons who are handicapped or disabled should have access to vocational guidance and vocational training programmes provided for the general population or, where this is not desirable, specially adjusted programmes; that every effort should be made to educate the general public and the social partners and professional staff concerned (medical and paramedical personnel and social workers) on the need for giving persons who are handicapped or disabled vocational guidance and vocational training which would enable them to find suitable employment; that measures should be taken to ensure as far as possible the integration or reintegration of the handicapped and the disabled into productive life in a normal working environment; and that account should be taken of the Vocational Rehabilitation (Disabled) Recommendation, 1955 (No. 99). The Committee points out in this respect that new standards were adopted in 1983, namely the Vocational Rehabilitation and Employment (Disabled Persons) Convention (No. 159) and Recommendation (No. 168), which should also be taken into account.

303. A large number of countries report that they have established integration, reintegration, vocational guidance and vocational training programmes for handicapped and disabled persons, (Endnote 50) but details have not always been given of the contents and measures introduced. Only a small fraction of the information provided refers to measures for the integration of disabled persons and their access to training programmes for the general population. In this respect, it appears that in Australia (Western Australia) the current trend is to allow disabled persons to attend training courses or to work with the general population as far as possible, even though this may make it necessary to take special measures to facilitate access to their place of work or to compensate for lower output. In Italy, there is an emphasis on integrating disabled persons as far as possible in normal training activities and avoiding ad hoc training courses. (Endnote 51) In Finland and Hungary similar objectives have been incorporated into national policy. In Belize, teachers are encouraged to accept handicapped and disabled students and use teaching methods adapted to their needs. In Portugal, an Act has been passed to promote their integration. (Endnote 52)

304. Several governments have reported that national bodies have been set up with the responsibility of recommending, co-ordinating or applying policies for the training and rehabilitation of handicapped and disabled persons. (Endnote 53) Special measures have been established by national law and practice, in particular vocational guidance and vocational training centres as well as specialised schools and services. (Endnote 54) Some countries have made efforts to train specialised staff (for example, Algeria, Australia, Norway). Other measures include direct or indirect financial assistance granted to disabled persons. In Canada, in the Province of Alberta, the Vocational Rehabilitation for Disabled Persons Programme provides financial assistance to residents suffering from some physical or mental disability and needing vocational training to increase their chances of finding a job. In Australia, under the Disabled Apprenticeship Wages Subsidy Programme, financial assistance is granted to employers who offer disabled persons the opportunity of obtaining or keeping an apprenticeship post in an approved trade. In Poland, the regional labour offices help enterprises to buy or rent equipment to adapt workstations or provide subsidies to cover the cost of social security contributions and the wages of disabled persons. Other measures include the use of Braille or cassettes, (Endnote 55) information technology, (Endnote 56) sheltered or semi-sheltered employment, (Endnote 57) the education of the general public and employers' and workers' organisations (Endnote 58) and training or rehabilitation in enterprises. (Endnote 59) In some countries, voluntary organisations run residential training establishments. (Endnote 60)

(e) Migrant workers

305. The relevant provisions of Recommendation No. 150 are not very detailed, since the question of migrant workers was a separate item on the agenda of the 59th and 60th Sessions of the Conference. The Recommendation simply stipulates that effective vocational guidance and vocational training should be provided for migrant workers so that they enjoy equality of opportunity in employment, account being taken of the fact that they may have only a limited knowledge of the language of the country of employment; Paragraphs 51 and 52, concerning linguistic and other minority groups, are also applicable to such workers. In a wider framework, Recommendation No. 150 considers that the vocational guidance and vocational training of migrant workers should take account of the needs of the country of employment and the possible reintegration of migrant workers into the economy of their country of origin: it refers to the relevant provisions contained in the standards concerned with such workers. (Endnote 61) This survey will simply give a brief overview of the measures taken by the governments and mentioned in their reports on the effect given to Convention No. 142 and Recommendation No. 150. For a more comprehensive treatment of the subject the Committee refers to its general survey carried out on the subject in 1980. (Endnote 62)

306. The reports show that special language courses are the most frequently used measure for migrant workers. (Endnote 63) The language barrier is also taken into account in the provision of information to such workers on employment or vocational training; thus, in some countries written information is provided in more than one language (Endnote 64) and interpreters (Endnote 65) are available for oral communication. Several measures of a different kind are also mentioned. In Sweden, the Labour Market Board has adopted a special programme particularly to help migrants in their contacts with employers, enhance their educational background and improve their chances. In Luxembourg, Norway and Sweden facilities have also been introduced for the children and/or wives of migrant workers. Another aspect of national policies in this sphere concerns the recognition of qualifications obtained in another country. In Switzerland, federal legislation makes provision for the official recognition of training acquired abroad. (Endnote 66) In Australia, the special services for migrants provided by the Commonwealth Employment Service include audio-visual information in several languages on the recognition of qualifications acquired abroad: short-term vocational training is also provided to migrants who do not belong to any of the main target groups, to enable them to obtain recognition of their occupational qualifications obtained abroad. The reports also indicate that some of the measures concerning migrant workers deal with their return to their country of origin. In France, a reintegration allowance may be granted under certain conditions and upon request to foreign workers who are unemployed and who wish to leave to resettle in their country of origin. (Endnote 67)

Endnotes

Endnote 2

Endnote 3

Endnote 4

Endnote 5

Endnote 6

Endnote 7

Endnote 8

Endnote 9

Endnote 10

Endnote 11

Endnote 12

Endnote 13

Endnote 14

Endnote 15

Endnote 16

Endnote 17

Endnote 18

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Endnote 20

Endnote 21

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Endnote 24

Endnote 26

Endnote 27

Endnote 28

Endnote 29

Endnote 30

Endnote 31

Endnote 32

Endnote 33

Endnote 34

Endnote 35

Endnote 36

Endnote 37

Endnote 38

Endnote 39

Endnote 40

Endnote 41

Endnote 42

Endnote 43

Endnote 44

Endnote 45

Endnote 46

Endnote 47

Endnote 48

Endnote 49

Endnote 50

Endnote 51

Endnote 52

Endnote 53

Endnote 54

Endnote 55

Endnote 56

Endnote 57

Endnote 58

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Endnote 61

Endnote 62

Endnote 63

Endnote 64

Endnote 65

Endnote 66

Endnote 67

Legislation

See related national legislation from Natlex

United States: Carl. D. Perkins Vocational Education Act of 1984

Cross references
Constitution: Article 19
Constitution: Article 22
Constitution: Article 35
Conventions: C122 Employment Policy Convention, 1964
Conventions: C159 Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983
Recommendations:R099 Vocational Rehabilitation (Disabled) Recommendation, 1955
Recommendations:R122 Employment Policy Recommendation, 1964
Recommendations:R168 Vocational Rehabilitation and Employment (Disabled Persons) Recommendation, 1983