A/HRC/34/29
50.
Women migrant workers, especially undocumented and irregular migrant workers,
are likely to face violations of labour rights.27 Often, they lack employment contracts and
are thus vulnerable to exploitation. 28 Also, legal protections may not reach the large
majority of women engaged in the informal economy.
51.
In order to meet their obligation to protect the right to equal working conditions,
States should expand the mandate of compliance institutions so that it covers the informal
economy and domestic work, including in private residences. Moreover, they should
monitor the working conditions of both regular and irregular migrant workers. Regulations
and policies should take into account the difficulties encountered by these women workers
in seeking assistance or remedies when their rights are violated. States should also ensure
that these categories of workers are able to exercise their right to organize so that they can
advocate for their labour rights.
2.
Differential treatment due to biological differences
52.
Due to biological differences, female workers require differential treatment at work,
including in relation to pregnancy, childbirth and breastfeeding. These should be specified
and protected by domestic laws and should not be considered as discriminatory. The lack
thereof would have adverse consequences not only on the right of women to just and
favourable conditions of work and on their right to health but also on their ability to
exercise the right to work altogether.
53.
Article 11 of the Convention on the Elimination of All Forms of Discrimination
against Women and the ILO Maternity Protection Convention, 2000 (No. 183) and
Maternity Protection Recommendation, 2000 (No. 191) provide the main direction for a
maternity protection framework in the workplace, with minimum standards in respect of
access to health care, health protection, and maternity leave entitlements.
54.
According to the ILO Maternity Protection Convention, 2000 (No. 183), working
women should have access to prenatal, childbirth and postnatal medical care. When such
services are not provided free of charge, the costs should be covered by health insurance
schemes. Conditions in the workplace for safeguarding the health of pregnant or nursing
women and that of their child include prohibition of the performance of certain tasks that
may pose risks to the health of expectant women, protection against their exposure to
harmful environmental conditions, and the granting of rest periods during working hours.
To the extent possible, appropriate accommodation should be provided so that women can
perform their work responsibilities during pregnancy. If necessary, they may be reassigned
to different tasks. Such a decision should be made in consultation with the person
concerned, with the guarantee that she can return to her previous position when conditions
allow it. Pregnant workers should be protected against exposure to harmful chemicals that
can result in illnesses, pregnancy complications or fetal disorders. Article 11 (3) of the
Convention on the Elimination of All Forms of Discrimination against Women advises
periodic reviews of legislation relating to maternity protection in the light of scientific and
technological advances.
55.
In the context of its examination of State party reports, the Committee on the
Elimination of Discrimination against Women has recommended that States accord the
minimum of 14 weeks of paid maternity leave to women, with at least two thirds of
previous or insured earnings, in accordance with the ILO Maternity Protection Convention,
2000 (No. 183) which also prescribes one daily break with pay for breastfeeding. The
Committee on the Elimination of Discrimination against Women has also called upon
27
28
See, for example, CMW/C/URY/CO/1, para. 23; and CMW/C/BFA/CO/1, para. 20.
See, for example, CMW/C/KGZ/CO/1, para. 38.
11
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