C111 Discrimination (Employment and
Occupation) Convention, 1958
Convention concerning Discrimination in Respect of
Employment and Occupation (Note: Date of coming into force: 15:06:1960.)
Convention: C111
Place: Geneva
Session of the Conference: 42
Date of adoption:25:06:1958 See the
ratifications for this Convention
The General Conference of the International Labour
Organisation,
Having been convened at Geneva by the Governing
Body of the International Labour Office, and having met in its Forty-second
Session on 4 June 1958, and
Having decided upon the adoption of certain
proposals with regard to discrimination in the field of employment and
occupation, which is the fourth item on the agenda of the session, and
Having determined that these proposals shall take
the form of an international Convention, and
Considering that the Declaration of Philadelphia
affirms that all human beings, irrespective of race, creed or sex, have the
right to pursue both their material well-being and their spiritual development
in conditions of freedom and dignity, of economic security and equal
opportunity, and
Considering further that discrimination constitutes
a violation of rights enunciated by the Universal Declaration of Human Rights,
adopts the twenty-fifth day of June of the year one
thousand nine hundred and fifty-eight, the following Convention, which may be
cited as the Discrimination (Employment and Occupation) Convention, 1958:
Article 1
For the purpose of this Convention the term discrimination
includes
any distinction, exclusion or preference made on the basis of
race, colour sex, religion, political opinion, national extraction or social
origin, which has the effect of nullifying or impairing equality of opportunity
or treatment in employment or occupation;
such other distinction, exclusion or preference
which has the effect of nullifying or impairing equality of opportunity or
treatment in employment or occupation as may be determined by the Member
concerned after consultation with representative employers' and workers'
organisations, where such exist, and with other appropriate bodies.
Any distinction, exclusion or preference in
respect of a particular job based on the inherent requirements thereof shall not
be deemed to be discrimination.
For the purpose of this Convention the terms employment and occupation include access to vocational training, access to employment
and to particular occupations, and terms and conditions of employment.
Article 2
Each Member for which this Convention is in force
undertakes to declare and pursue a national policy designed to promote, by
methods appropriate to national conditions and practice, equality of opportunity
and treatment in respect of employment and occupation, with a view to
eliminating any discrimination in respect thereof.
Article 3
Each Member for which this Convention is in force
undertakes, by methods appropriate to national conditions and practice
to seek the co-operation of employers' and
workers' organisations and other appropriate bodies in promoting the acceptance
and observance of this policy;
to enact such legislation and to promote such
educational programmes as may be calculated to secure the acceptance and
observance of the policy;
to repeal any statutory provisions and modify
any administrative instructions or practices which are inconsistent with the
policy;
to pursue the policy in respect of employment
under the direct control of a national authority;
to ensure observance of the policy in the
activities of vocational guidance, vocational training and placement services
under the direction of a national authority;
to indicate in its annual reports on the
application of the Convention the action taken in pursuance of the policy and
the results secured by such action.
Article 4
Any measures affecting an individual who is
justifiably suspected of, or engaged in, activities prejudicial to the security
of the State shall not be deemed to be discrimination, provided that the
individual concerned shall have the right to appeal to a competent body
established in accordance with national practice.
Article 5
Special measures of protection or assistance
provided for in other Conventions or Recommendations adopted by the
International Labour Conference shall not be deemed to be discrimination.
Any Member may, after consultation with
representative employers' and workers' organisations, where such exist,
determine that other special measures designed to meet the particular
requirements of persons who, for reasons such as sex, age, disablement, family
responsibilities or social or cultural status, are generally recognised to
require special protection or assistance, shall not be deemed to be
discrimination.
Article 6
Each Member which ratifies this Convention
undertakes to apply it to non-metropolitan territories in accordance with the
provisions of the Constitution of the International Labour Organisation.
Article 7
The formal ratifications of this Convention shall
be communicated to the Director-General of the International Labour Office for
registration.
Article 8
This Convention shall be binding only upon those
Members of the International Labour Organisation whose ratifications have been
registered with the Director-General.
It shall come into force twelve months after the
date on which the ratifications of two Members have been registered with the
Director-General.
Thereafter, this Convention shall come into
force for any Member twelve months after the date on which its ratifications has
been registered.
Article 9
A Member which has ratified this Convention may
denounce it after the expiration of ten years from the date on which the
Convention first comes into force, by an Act communicated to the
Director-General of the International Labour Office for registration. Such
denunciation should not take effect until one year after the date on which it is
registered.
Each Member which has ratified this Convention
and which does not, within the year following the expiration of the period of
ten years mentioned in the preceding paragraph, exercise the right of
denunciation provided for in this Article, will be bound for another period of
ten years and, thereafter, may denounce this Convention at the expiration of
each period of ten years under the terms provided for in this Article.
Article 10
The Director-General of the International Labour
Office shall notify all Members of the International Labour Organisation of the
registration of all ratifications and denunciations communicated to him by the
Members of the Organisation.
When notifying the Members of the Organisation
of the registration of the second ratification communicated to him, the
Director-General shall draw the attention of the Members of the Organisation to
the date upon which the Convention will come into force.
Article 11
The Director-General of the International Labour
Office shall communicate to the Secretary-General of the United Nations for
registration in accordance with Article 102 of the Charter of the United Nations
full particulars of all ratifications and acts of denunciation registered by him
in accordance with the provisions of the preceding Articles.
Article 12
At such times as may consider necessary the
Governing Body of the International Labour Office shall present to the General
Conference a report on the working of this Convention and shall examine the
desirability of placing on the agenda of the Conference the question of its
revision in whole or in part.
Article 13
Should the Conference adopt a new Convention
revising this Convention in whole or in part, then, unless the new Convention
otherwise provides:
the ratification by a Member of the new revising
Convention shall ipso jure involve the immediate denunciation of this
Convention, notwithstanding the provisions of Article 9 above, if and when the
new revising Convention shall have come into force;
as from the date when the new revising
Convention comes into force this Convention shall cease to be open to
ratification by the Members.
This Convention shall in any case remain in
force in its actual form and content for those Members which have ratified it
but have not ratified the revising Convention.
Article 14
The English and French versions of the text of this
Convention are equally authoritative.
