ILO Document on Protection of LGBTIQ+ Workers

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Major Highlights 

  • LGBTIQ+ persons face inequality, discrimination and violence and harassment on the basis of their sexual orientation, gender identity, gender expression and sex characteristics, everywhere, including in the world of work.
  •  They face discrimination in finding jobs and throughout the employment cycle. 
  • Discrimination has an economic cost not just to LGBTIQ+ persons and their families but also to enterprises and national economies. 
  •  Learning guide
    • To contribute to the inclusion of LGBTIQ+ persons in the world of work the ILO has developed a learning guide aimed at representatives of governments, employers’ and workers’ organisations and other relevant stakeholders. 
      • The guide should help in the process of identifying and designing tailor-made local responses to ensure equal opportunities and treatment for LGBTIQ+ persons at work

Recommendations 

  • It recommended member countries, employers’ organisations and representatives of workers to launch social protection programmes to remove barriers that LGBTIQ+ persons face in society.
  • National policy and labour law review will allow governments to assess their country’s work policy environment for LGBTIQ+ persons
    • This will allow the identification of concrete steps for improving the legal and policy environment, ending discrimination and exclusions, and complying with international instruments.
  • Consultation with LGBTIQ+ communities and social dialogue with employers’ and workers’ organisations are key. 
    • This will allow the identification of barriers faced by LGBTIQ+ persons when entering the labour market and accessing government schemes, including those on social protection.
  • The ILO asked the governments to work with small and medium industry associations, sectoral unions and informal economy workers’ associations to monitor discrimination in the informal economy and address stigma and discrimination related to gender and sexual identity.
  • Workplace diversity
    • Studies have shown that diversity in the workplace, including LGBTIQ+ persons, is better for business.
    •  It signals a creative environment that creates the right conditions for economic growth.
    •  Employers’ organisations can provide policy guidance to their members, undertake advocacy and raise awareness on including LGBTIQ+ persons in workplaces, promote social dialogue and collective bargaining, and facilitate learning and sharing of good practices among members.
    • The ILO asked trade unions to help LGBTIQ+ workers to organise and exercise their right to freedom of association. 

Initiatives taken by India for Transgender Persons

  • SMILE Scheme
    • It includes two sub-schemes – ‘Central Sector Scheme for Comprehensive Rehabilitation for Welfare of Transgender Persons’ and ‘Central Sector Scheme for Comprehensive Rehabilitation of persons engaged in the act of Begging’. 
  • GarimaGreh:
    •  It is an initiative by the Ministry of Social Justice & Empowerment to provide safe and secure shelter to transgender persons in need. National Institute of Social Defence (NISD) is setting up 13 pilots of Garima Greh (Shelter Homes) for Transgender Persons.
  • ‘Sweekruti’(A Scheme for Promotion of Transgender Equality & Justice)
    • The Government of Odisha formulated an umbrella scheme ‘Sweekruti’ to secure the rights of transgender persons and ensure equitable justice. 
  • Transgender Persons (Protection of Rights) Act, 2019: 
    • It recognised the third gender as the other gender and provided them with the following rights.
      • Non-discrimination against a Transgender Person in educational institutions, employment, healthcare services etc.
      • Recognition of identity of Transgender Persons and confer upon them right to self-perceived gender identity.
      • Provision of the right of residence with parents and immediate family members.
      • Provision for the formulation of welfare schemes and programmes for education, social security and health of Transgender Persons.
      • Provision for National Council for Transgender Persons to advise, monitor and evaluate measures for the protection of their rights.

Source:TH