An inherent condition of the job…Perhaps discrimination?

In 2019, the RA Labor Code was supplemented with a provision preventing the uncontrolled Armenian labor market.

“In employment announcements (competitions), it is prohibited to define any other condition that is the basis of discrimination, apart from practical features and professional training and qualification, except for the cases defined by this Code and the laws of the Republic of Armenia or if it arises from the inherent requirements of the job.”

There are many conditions that are the basis of discrimination, when any direct or indirect distinction, exclusion or limitation is manifested against a person, prohibition or denial of recognition and (or) exercise of any right defined by labor legislation on an equal basis with others, due to many characteristics, including gender.

The RA Criminal Code considers discrimination as a manifestation of differentiated treatment, which not only violates a person’s rights or freedoms, but also gives advantages to a person without an objective basis or legal purpose.

Let’s admit that this legislative innovation could perhaps build a revolutionary labor market environment in the Republic of Armenia, which declares itself legal at the constitutional level.

The work environment is formed by the recruitment announcements, and more precisely, by the reflection of the target group in these announcements.

Back in 2023, the US Bureau of Democracy, Human Rights and Labor published a report on Armenia that strongly emphasized discrimination against women in the labor market in 2022. According to the bureau’s assessment, women generally did not have the same professional or salary opportunities as men, and often did are unskilled or lower paid jobs.The International Monetary Fund noted that the gender wage gap in the country was significantly large.

Perhaps, this, the creation of the Public Council on Women’s Rights under the RA HRD by the RA human rights defender, of course, also related or unrelated advocacy of legislative healing, has led to a situation that gives rise to hesitation, what we can call “hyperactivity of women’s demand in the labor market”. :

What has been said is not anti-gender in nature, it is aimed at highlighting the latent discrimination that is expressed in the flow of inappropriate demand for women in the labor market female paralegals, managers, narrow specialists are required.Is it justified to mention gender as a feature in such cases, if? it does not apply to cases recognized as permissible by law.

The situation created is too disturbing to be happy, because it in no way represents the woman as an equal individual protected from discrimination.

The state must put a big challenge in front of itself at this level, otherwise, the practice of involving women in the labor market in an uncontrolled, undeciphered way is more dangerous than before the legislative anti-discrimination regulations.

Funded by the Federal Office of Foreign Affairs.

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