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A XXI century challenge is to face discrimination in job offers

Guillen Patricia Nolasco

The traditional employment discrimination based on sex, origin, religion, unequal pay and no equity in access to work, have had some progress, but discrimination continues and emphasizes on the most vulnerable groups such as: people with disabilities, unemployed women, adults older youth, teens, children, homosexuals, AIDS patients and immigrants.

The right to work is a fundamental right to ensure a decent life, is also recognized in the International Covenant on Economic, Social and Cultural conventions of the International Labour Organization (ILO), the State Constitution and in the Labour Law of 8 December 1942 and its Regulatory Decree of 23 August 1943 not only recognize it as a right but a duty.

This right is exercised and claimed by two-way because it recognizes individual and collective rights. Among the individual may include the right to work on a fair, equitable and satisfactory conditions, to have a weekly rest, job stability, a working day of 8 hours, hygiene safety and equality of opportunity and treatment

Among the groups include the right to form unions and be part of them, to their free functioning and determination, the right to strike, trade union and social security.

However, all these have only been recognized in its true dimension because they are affected by discrimination, inequality and the failure of government authorities, as shown by the following facts:

1. Offers of jobs, and discriminates against applicants for reasons unrelated to their professional or technical

Reviewing the papers can be seen that there are calls for more supply jobs for men in managerial jobs.

Another series of warnings exclude people over 35 years.

For some jobs among the conditions called for good looks, and send a recent photograph. There is also

notices and exclude candidates by where they live or do not speak a native language.

Below are some examples of advertisements in Newspaper:

• Company requires an industrial engineer who has at least 3 years experience, personal guarantees, no more than 30 years and good presence.

• nursery is needed, send resume with photo and wage claim mágicos@yahoo.com crayons.

• Miss You need good looking, single to store, phone 2204086.

• Requirement receptionist secretary is entitled in executive secretarial or related experience Minimum 2 years good looks and ease of speech, packet handling, aged between 25 and 35 .... Those interested send your resume vital documents, including wage claims recent photograph to PO Box No. 8589 until Thursday 24 of this month.

• Christian Organization requires a facilitator, you have the following requirements, civil engineer 2 years experience and committed Christian. Send resume and membership certificate to Box 5897 La Paz.

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• Miss looking for 16 to 25 years for an internship in downtown office. 76567561 Cel.

In another series of television ads and newspaper people are called to join sold by catalog companies, cosmetics, jewelry, lingerie, designer clothes, high nutrition products, sale of courses that meet certain requirements such as good presence, but do not provide any social benefit.

All these requirements are an infringement of the dignity of persons seeking access to a source of labor.

2. Lack of law enforcement

The country has recognized the Declaration of Human Rights and conventions that favor labor standards, has included in the State Constitution and some laws, but there is a lack of implementation of all these rules and a lack of integration of the following frameworks:

International level

• The Universal Declaration of Human Rights 1948, Article 20, 22, 23 and 24

• The American Convention on Human Rights 1969, Article 6 No. 2, 15, 16;

• The International Covenant on Economic, Social and Cultural Rights of 1966,

• Art. 6, 7, 8 and 9.

• The Convention on Rights of the Child 1989

• The Convention on the Elimination of All Forms of Discrimination against Women with Article 11 and 14

• The Convention on the Elimination of All Forms of Racial

• Art . 2 (2) and 5 (e) (i) and (ii)

• Additional Protocol to the American Convention on Human Rights in the Area of \u200b\u200bEconomic, Social and Cultural Rights 1988, Article 6,

• 7, 8 and 9.

Nationally

• The Constitution of the State of 13 April 2004, Art

• The State Constitution approved by referendum in January 2008. Articles 45, 46, 47, 48, 49, 50, 51, 52, 53, 54 and 55.

• General Labour Law

• Supreme Decree 21060, 1985,

• Social Security Code, 1956.

• The Law of Citizen Security System 2494 No

The

• . Pension Law

• Law No 3505 of October 23, 2006.

2. The minimum wage, in addition to being the lowest in relation to from other countries, is insufficient to cover basic needs.

The March 5, 2008, through Supreme Decree 29,473, increased the minimum wage to Bs577.50. Likewise, increased private sector wage was based on 10% to the country's workers agreed between labor and management sectors. (1)

3. Not all workers and social workers are uninsured.

Only 22% of the working population is affiliated to the AFP and half of these women contributes regularly. (2)

4. Lack of jobs for lack of public policies

Research by the Center for the Study of Labor and Agrarian Development CEDLA held in La Paz, El Alto, Cochabamba, Santa Cruz and Potosi shows that open unemployment is feminized in all the cities studied because 6 of 10 job seekers can not find it are women.

The highest rates of unemployment are among those who have completed higher education and graduate-degree-(12.1%) and the secondary (10.5%), both among men as among women.

In major cities 6 out of 10 workers are underemployed due to insufficient income to cover the cost of a basic food law, which reaches 1,288 Bs. (3)

The Federation of Mining Cooperatives of Potosi (FEDECOMIN) reduced the number of partners from 20,000 to about 15,000.

In the Federation of Mining Cooperatives of Oruro is the number of cooperatives decreased from 10,000 to 7,800. In addition to the closure of four unions in Oruro and three in La Paz, stopped in the street 800. The association of Potosí mills reported the closure of 11 refineries accounting for about 729 layoffs. (4)

The government said 57,291 jobs created, which were temporary, 'emergency'. These people played the National Fund for Social and Productive Investment, Regional Development Fund and Employment Labor Intensive (Eimo), with reconstruction projects in areas affected by El Niño. (5)

programs and projects to generate employment by the government is characterized as temporary, no benefits and no action for women, therefore did not create a body that enables the creation of permanent jobs.

5. The right to unionize, is one of the highest degree of rights violation and lack public in Bolivia, where one of the 'Business strategies' translated into practice against it "is to deter the formation of unions or pressure workers not to join, under notice of dismissal, non-recruitment and inability to rise in the charges." Exemplified by situations in oil, banking, electricity distribution, and state institutions. (6)

6. Costs of membership of professional bodies are too high, which prevents a large part of the professional register and to fully exercise their profession

7. There is no rule governing employment agencies, which results in that can serve the same people captantes entities for labor exploitation or trafficking of people.

8. There is no law regulating the work done for internship

9. There are no technical standards for the control of occupational and industrial safety.

STOCK TACKLE DISCRIMINATION

The State Constitution approved by referendum on January 10, 2009 in Section III on the right to work and employment in Article 46. Paragraph I. says "everyone has the right: 1. When decent work with industrial safety, hygiene and health occupational, without discrimination, and wage or salary fair, equitable and satisfactory, which will provide for himself and his family a decent living. 2. At a stable labor supply, and favorable conditions. Paragraph II. The State shall protect the exercise of work in all its forms. The

and governors, trade unions, public and private institutions in addition to any and all citizens must join together to contribute to the development of a new Labour Law and its respective decree which includes the following :

• should require only requirements related to the skill or knowledge to perform a specific function.

The

• and employers should not be incorporated into job requirements violate equal opportunity or treatment.

• not include age limits, and if possible avoid the use of references such as "young and dynamic" or "mature", "unmarried" indirectly suggesting that the call is addressed to a certain group .

• not include references that make reference to the physical aspect that must be contained and applicants, such as "good appearance", "very good presence."

• Prevent invited to send a recent photograph.

• not include references to religion as such, being a Christian or a certificate of membership.

• In the application forms of employment, including questions relating to nationality, age, sex, marital status, family status, disease, religion or domicile.

• The Ministry of Labour, promoting access to work areas for people who were arrested for committing a crime and who have completed their sentences.

addition

• define the category of work because as Mario de la Cueva in the current Labour Act and its regulations do not define the work category, which would provide all human activity, intellectual or material, made independently of the technical readiness of the individual carrier of the workforce "(7)

References 1 .. Report to the Minister of Labour, Walter Delgadillo Third, as requested by our institution.

2. Report on the Status of Right to Work in Bolivia conducted by the Center for the Study of Labor and Agrarian Development (CEDLA)

3. www.cedla.org - La Paz, 4

December 2008 4. Reason, yearbook published December 12, 2008.

5 Report on the Status of Right to Work in Bolivia by the Center for the Study of Labor and Agrarian Development (CEDLA)

6. Report on the Status of Right to Work in Bolivia by the Center for the Study of Labor and Agrarian Development (CEDLA)

7. Review of Mario de la Cueva, the labor law text Dr. Isaac Sandoval Rodríguez.