A/HRC/34/29
internal human resources policies and procedures the safeguards against discrimination in
promotion.
61.
Non-discrimination against women at work also entails pregnancy and maternity —
and the prospect thereof — not leading to disadvantages in the workplace nor affecting job
security. Maternity should not impede women’s opportunity for promotion. In some
countries maternity leave is counted in time accrued, for the purposes of seniority and
promotion. Adjustments made to accommodate expectant and nursing workers should not
lead to the downgrading of their position, or to the risk thereof. The practice of demoting
women upon their return from maternity leave should be proscribed.36
62.
Violence, including sexual harassment, is an impediment to women’s equal
opportunities in the workplace. Furthermore, sexual harassment is discriminatory, as
rejection of advances often results in victims being denied recruitment and promotion and
in some cases has led them to resign from their positions. As such, States should enact
legislation outlawing sexual harassment, with the broadest definition possible. Legislation
should also prescribe specific duties on employers to prevent sexual harassment, and
procedures, based on confidentiality, for the notification and reporting of claims of sexual
harassment and for their resolution. 37
63.
Women workers should enjoy protection against unfair dismissal. Due to their
overrepresentation in pink-collar jobs and among those who are on short-term and
precarious contracts, women are more likely to be made redundant. It follows that, in
addition to promoting women’s access to higher-level positions, States should take
measures to prevent the abuse of short-term and other precarious contracts by employers,
which often occurs in order to circumvent the right of women to maternity leave and to
avoid paying social contributions. 38
64.
Lastly, dismissal due to pregnancy or maternity should also be prohibited. Standards
on this matter ban the termination of women’s employment contracts for a certain period of
time before and after childbirth. Yet, the practice of terminating women’s contracts during
or after the protection period is widely reported. The penalties for such unfair practices are
often not enough of a deterrent, with employers opting to pay the fines.
65.
As part of their duty to protect, States should monitor the effectiveness of regulatory
provisions aimed at protecting women against unfair treatment on account of sex,
pregnancy or childbirth, ensuring that they have a dissuasive effect and that aggrieved
workers have access to effective remedies. Trade unions also play a key role in promoting
women’s equal rights at work, by guaranteeing, among other things, that collective
agreements do not lead to discrimination. As such, States should maintain a legal and
political environment that enables workers to exercise freely their trade union rights. It is
equally important that women are adequately represented in the decision-making bodies of
trade unions.39
C.
Equal pay for work of equal value
66.
The right to equal pay for work of equal value is enshrined in article 7 of the
International Covenant on Economic, Social and Cultural Rights and in the ILO Equal
36
37
38
39
See, for example, CEDAW/C/GRC/CO/7, para. 28.
See Committee on Economic, Social and Cultural Rights general comment No. 23 (2016), para. 48.
See, for example, CEDAW/C/MNE/CO/1, para. 28.
See, for example, CEDAW/C/SRB/CO/2-3, para. 26; CEDAW/C/TUN/CO/6, para. 36; and
CEDAW/C/ZAF/CO/4, para. 29.
13
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