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,
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
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 this 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:
1. For the purpose of this Convention the term "discrimination"
(a) 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;
(b) 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.
2. Any distinction, exclusion or preference in respect of a particular
job based on the inherent requirements thereof shall not be deemed to be
3. 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
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.
Each Member for which this Convention is in force undertakes, by methods
appropriate to national conditions and practice:
(a) To seek the co-operation of employers' and workers' organisations
and other appropriate bodies in promoting the acceptance and observance
of this policy;
(b) To enact such legislation and to promote such educational programmes
as may be calculated to secure the acceptance and observance of the policy;
(c) To repeal any statutory provisions and modify any administrative
instructions or practices which are inconsistent with the policy;
(d) To pursue the policy in respect of employment under the direct control
of a national authority;
(e) To ensure observance of the policy in activities of vocational guidance,
vocational training and placement services under the direction of a national
(f) 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
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.
1. Special measures of protection or assistance provided in other Conventions
or Recommendations adopted by the International Labour Conference shall
not be deemed to be discrimination.
2. 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.
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.
The formal ratifications of this Convention shall be communicated to
the Director-General of the International Labour Office for registration.
1. This Convention shall be binding only upon those Members of the International
Labour Organisation whose ratifications have been registered with the Director-General.
2. It shall come into force twelve months after the date on which the
ratifications of two Members have been registered with the Director General.
3. Thereafter, this Convention shall come into force for any Member
twelve months after the date on which its ratification has been registered.
1. 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 shall not
take effect until one year after the date on which it is registered.
2. 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 often years and,
thereafter, may denounce this Convention at the expiration of each period
of ten years under the terms provided for in this article.
1. 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.
2. 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.
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.
At such times as it 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.
1. Should the Conference adopt a new Convention revising this Convention
in whole or in part, then, unless the new Convention otherwise provides:
(a) 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;
(b) As from the date when the new revising Convention comes into force
this Convention shall cease to be open to ratification by the Members.
2. 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.
The English and French versions of the text of this Convention are equally
The foregoing is the authentic text of the Convention duly adopted by
the General Conference of the International Labour Organisation during
its forty-second session which was held at Geneva and declared closed the
twenty-sixth day of June 1958.
IN FAITH WHEREOF we have appended our signatures this fifth day of July