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  1. EOC supports Government’s “Early Vaccination for All” campaign with vaccination leave for staff

Promotional banner of the “Early Vaccination for All” campaign
On 31 May 2021, the SAR Government announced the provision of vaccination leave for Government employees who have received the COVID-19 vaccination, and the launch of the “Early Vaccination for All” campaign, which aims to raise the vaccination rate and build an immune barrier in Hong Kong.
 
Following the announcement, the EOC announced on the same day that it would support the campaign by offering similar vaccination leave to EOC’s employees, with a view to encouraging staff members to take up the vaccine. On 2 June, the EOC released the details: while staff members would be entitled to a day of leave for each dose of vaccine received between 1 June and 31 August 2021, those who received vaccination on or before 31 May could, for each jab, apply for one day of authorised absence, which may be taken by 31 March 2022.
 
As more and more employers are rolling out different kinds of vaccination-related measures, questions have been raised on whether differential treatment of employees based on vaccination status would constitute unlawful discrimination. On 3 June, Executive Director (Operations) of the EOC, Dr Ferrick CHU Chung-man, spoke on RTHK Radio 1 to explain how the anti-discrimination ordinances may apply.
 
Without commenting on specific cases, Dr Chu said that under the ordinances, blanket measures would only amount to unlawful indirect discrimination if: (i) employees sharing a protected characteristic – pregnant employees and those with pre-existing illnesses, for instance – are less likely to be able to comply with the condition or requirement imposed; (ii) they suffer a detriment because they cannot comply accordingly; and (iii) the condition or requirement is not justifiable. In assessing the justifiability of a measure, employers should consider that granted there is a legitimate purpose such as preventing the spread of an infectious disease, the measure would still have to be relevant and proportionate to the stated purpose. Therefore, depriving staff of existing benefits and entitlements because of their unvaccinated status – without providing any accommodation for employees who are pregnant or suffering from pre-existing illnesses – may be unjustifiable. On the other hand, offering incentives may be a more proportionate measure and thus more likely to be justifiable.
 
Dr Chu also clarified the statutory role of the EOC, that is to encourage conciliation in complaints lodged under the anti-discrimination ordinances rather than adjudicate on the lawfulness of specific measures, which is a question for the court.

Read the EOC’s press release
Listen to Dr Chu’s interview on RTHK Radio 1 (Cantonese only)
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  1. EOC launches citywide publicity campaign on protection against breastfeeding discrimination and harassment

Poster on breastfeeding discrimination and harassment
The World Health Organization (WHO) describes breast milk as the best source of nourishment for infants and young children, and recommends exclusive breastfeeding of infants for the first six months after birth. Naturally, this means that women will have to breastfeed in public – on the demand of the child and at any location. And they can only do so with a breastfeeding-friendly environment and supportive societal attitude, as well as legal protection of their right to breastfeed in public without having to endure discrimination and harassment.
 
Starting from 19 June 2021, women in Hong Kong will be protected from discrimination and harassment on the grounds of breastfeeding under the Sex Discrimination Ordinance. The relevant amendments to the Ordinance were made through the Discrimination Legislation (Miscellaneous Amendments) 2020 and the Sex Discrimination (Amendment) Ordinance 2021, passed by the Legislative Council in 2020 and 2021 respectively.
 
To publicise the new protections, the EOC is going to mount a citywide publicity campaign featuring advertisement across 60 MTR stations from 19 June to 2 July 2021. This will be followed by the release of TV and radio APIs (announcements in public interest) and the distribution of information booklets.
 
Under the amended law, breastfeeding is defined as where: (i) a woman is breastfeeding a child; (ii) a woman is expressing breast milk; or (iii) a woman feeds a child with her breast milk, but is not doing so when the relevant act is committed. Breastfeeding discrimination and harassment is unlawful in various areas of public life, such as employment; education; provision of goods, facilities or services; and disposal or management of premises. The EOC has already released a series of guidance and leaflets online earlier on, so that employers, providers of goods, facilities and services, as well as other stakeholders can get prepared and put in place necessary polices to comply with the law.

Read our media release on the campaign
Read our Guidance on Breastfeeding Discrimination in Employment and Related Sectors
Read our Guidance on Breastfeeding Discrimination in Other Sectors
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  1. Hong Kong’s migrant domestic workers deserve greater respect, writes EOC Chairperson on International Domestic Workers’ Day

Photo: Miniature figure of a migrant worker
Over 370,000 foreign domestic workers (FDWs) contribute daily to the economy and care ecosystem in Hong Kong. Despite protections under the city’s anti-discrimination laws which extend equally to FDWs, the EOC has received complaints in the past about employers allegedly dismissing them or forcing them to resign because of their pregnancy, illness or family’s medical history. The COVID-19 pandemic has further exacerbated their adversity, with reports of FDWs being ordered to stay home and work on rest days or not being allowed into certain venues.
 
In honour of International Domestic Workers’ Day (IDWD) on 16 June 2021, EOC Chairperson, Mr Ricky CHU Man-kin recently published an article in The South China Morning Post, Hong Kong Economic JournalInmedia and Stand News, calling for greater recognition of the immense contribution of FDWs towards the wellbeing and prosperity of Hong Kong.

“Being away from family and loved ones is a sacrifice FDWs make to have better prospects. Many are mothers who leave behind their young children,” wrote Mr Chu. “This can take a toll on their emotional wellbeing, especially now when travel is restricted.” 

He added, “We need to acknowledge that domestic workers are employees, just like everyone else with a job. While most employers in Hong Kong are mindful of their obligations, I worry most about the risk of stereotyping and discrimination to which this group of workers is particularly vulnerable. It is up to everyone of us to uproot the prejudice underlying the difficulties they face. A city that has come up through hard work and enterprise must exemplify its respect for all labour, no matter where that work is or who performs that work.”

IDWD was established in 2011, when the International Labour Organization adopted C189 – the Domestic Workers Convention – to promote decent work for all and recognise the significant contribution of domestic workers to the global economy. This year marks the 10th anniversary of the Convention.

Read Mr Chu’s article
About the Convention
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  1. EOC Chairperson reaffirms need for legislation against discrimination on grounds of sexual orientation and gender identity

Photo: Hand holding a rainbow-coloured heart shape
As June marks Pride Month, Mr Ricky CHU Man-kin, EOC Chairperson recently reaffirmed in a series of media interviews that it is no longer a debatable question whether Hong Kong needs to introduce legislation to provide for protection against discrimination based on sexual orientation, gender identity and intersex status. What requires further dialogue within the community is, rather, the substantial elements of that law.

Speaking to The Standard and RTHK Radio 1, Mr Chu said that the EOC had begun putting together a proposal for legislation focused on key areas of public life, including employment, education, access to goods, services or facilities, and renting of premises. The EOC hopes to carry out its first round of discussions with stakeholders on the proposal by the end of 2021.  

Currently, Hong Kong’s anti-discrimination ordinances only provide for protection against discrimination on the grounds of sex, marital status, pregnancy, disability, family status and race. In 2016, the EOC released a report of a research study commissioned to The Chinese University of Hong Kong, which provided a detailed comparison of legislative models in other jurisdictions aimed at protecting the LGBTI community from discrimination, while identifying key issues worthy of further discussion in Hong Kong. These include the scope of applicable domains, possible exemptions relating to religious organisations and domestic work, and whether acts of harassment and vilification should be covered as well.

Read Mr Chu’s interview with The Standard
Listen to Mr Chu’s interview on RTHK Radio 1
Watch Mr Chu’s interview about the Gay Games on TVB Pearl's Staight Talk
Download the 2016 report
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  1. Legislative Council passed motion on enhancing support for carers

Photo: caring for a family
On 3 June 2021, the Legislative Council passed a motion raised by the Hon LEUNG Che-cheung on strengthening support for carers. In urging the Government to comprehensively step up support for carers, the Council put forward various proposals as set out in the motion. These included enhancing the existing carer allowance schemes under the Community Care Fund; establishing a comprehensive carer support system; setting up carer support centres in various districts; increasing the number of emergency places and streamlining the relevant application procedures to enable needy persons to receive respite arrangements; and actively promoting flexible work arrangements, especially family-friendly employment measures, to assist employees in taking care of their families.
 
The proposals echo recent calls by the EOC for an overhaul of the carer support policy in Hong Kong, following heart-breaking incidents in which carers reportedly killed family members they had been looking after, before ending their own lives. Last September, the EOC made two submissions – to the Legislative Council Panel on Welfare Services and the Government in response to the Policy Address public consultation. In both submissions, the EOC called on the Government to enhance the support measures for carers. Among the EOC’s recommendations were increasing the capacity of respite care services which are currently over-subscribed, and improving the service quality of residential care homes.
 
In relation to the “Pilot Scheme on Living Allowance for Low-income Carers of Persons with Disabilities” and the “Pilot Scheme on Living Allowance for Carers of Elderly Persons from Low-income Families”, the EOC advised the Government to consider regularising the schemes and easing the restriction on recipients of the Old Age Living Allowance and Disability Allowance – many of whom are carers themselves – from benefiting from the schemes. 
 
For more details, please click the links below.

Read the EOC’s submission to the Legislative Council
Read the EOC journal Equality Perspectives spotlighting issues facing carers