E/C.12/CHN/CO/2
social and cultural rights, in line with the Paris Principles, and provide it with
adequate financial and human resources.
Non-discrimination
54.
The Committee notes with concern that Macao, China has not yet adopted
comprehensive anti-discrimination legislation and that widespread discrimination against
migrants, as well as lesbian, gay, bisexual and transgender persons, persists in Macao,
China, particularly in employment, health care, education and housing. The Committee also
notes with concern that de facto discrimination against persons with disabilities persists,
particularly in the field of employment (art. 2, para. 2).
The Committee urges Macao, China to consider the adoption of comprehensive antidiscrimination legislation, in compliance with article 2, paragraph 2, of the Covenant
and taking into account the Committee’s general comment No 20 (2009) on nondiscrimination in economic, social and cultural rights. The Committee recommends
that Macao, China, take all appropriate measures, including awareness-raising
campaigns, to address the de facto discrimination against persons with disabilities.
Sexual harassment at the workplace
55.
While noting that the Labour Affairs Bureau has been mandated to handle
complaints against sexual harassment in the workplace, the Committee is concerned about
the absence of specific legislation proscribing sexual harassment and about the lack of
specific measures to raise awareness to eliminate sexual harassment (art. 7).
The Committee urges Macao, China, to introduce into its legislation an offence of
sexual harassment in the workplace which carries sanctions proportionate to the
severity of the offence. The Committee also recommends that Macao, China, ensure
that victims can lodge complaints without fear of retaliation. The Committee
recommends that Macao, China, take appropriate measures to raise public awareness
of sexual harassment in the workplace.
Migrant domestic workers
56.
The Committee is concerned at reports of unfavourable conditions of work faced by
migrant workers, particularly migrant domestic workers, who are employed without formal
contracts, excluded from receiving the minimum wage and from the social welfare system,
and required to work long hours (arts. 7 and 9).
The Committee recommends that Macao, China, take all appropriate measures to
ensure the effective and equal application of labour legislation to migrant workers, in
order to guarantee their right to just and favourable conditions of work, as enshrined
in article 7 of the Covenant.
57.
Although the Basic Law states that citizens of Macao, China have the right to strike,
the Committee is concerned about the absence of legislation to protect workers from
retribution and that workers organizing or participating in a strike are at risk of dismissal
(art. 8).
The Committee strongly recommends that, in line with its obligations under article 8
of the Covenant, Macao, China, take all necessary measures to ensure that workers
enjoy their trade union rights without undue restrictions or interference.
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