A/HRC/34/29 States to remove undue restrictions on the right to paid maternity leave. 29 Pay during maternity leave — guaranteeing continued income — is central to ensuring that maternity does not affect women’s economic situation and that women have the means to meet the additional expenses engendered by childbirth. With regard to migrant women, it is essential to ensure that they retain their legal status during maternity leave. 30 56. Maternity benefits should be made available to all women, including female migrant workers, unwed mothers,31 domestic workers, self-employed women and part-time workers, as well as women employed in sectors where such protection is not traditionally afforded, such as in agriculture. In this regard, setting up non-contributory cash benefits for women who do not meet the qualifying conditions is a good practice. 57. Notwithstanding the recommendation in article 4 of the ILO Maternity Protection Convention, 2000 (No. 183) of a minimum of six weeks of postnatal maternity leave, several States have allowed women to decide when they start maternity leave. Overprotective regulations imposing long maternity leave may not be desirable, when they reinforce gender-stereotyped roles. 32 Instead, provisions for non-transferable paternity leave, parental leave and leave for family reasons are recommended. 33 Some States have extended parental leave to parents adopting children. 58. Workplaces should have water and sanitation facilities that meet women’s specific hygiene needs. A lack of adequate facilities is discriminatory, as it often compels women to avoid work during menstruation. Leave policies should also accommodate menstruationrelated needs, as required. States should combat stigma and taboos around menstruation, where they exist, so that they do not hamper women’s right to work. Some industries may also need to establish specific standards for the protection of women’s health. For instance, attention should be paid to women’s exposure to chemicals that may have adverse effects on their reproductive health. B. Equal opportunities in the workplace 59. The right to equal opportunities at work concerns women’s equal right to be promoted, freedom from harassment — especially sexual harassment, and protection against unfair dismissal. Several countries have made it illegal for employers to discriminate against a person on the grounds of sex and have adopted equal employment opportunity laws. And yet, women are routinely discriminated against in the workplace, as evidenced by women’s underrepresentation in managerial and decision-making occupations 34 and by the numerous cases of sexual harassment and of gender-based discrimination when such data are collected.35 60. According to article 7 of the International Covenant on Economic, Social and Cultural Rights, all workers have the right to equal opportunity to be promoted to an appropriate higher level, subject to no considerations other than those of seniority and competence. Under their obligation to protect, States should adopt laws requiring employers to apply merit-based and transparent promotion processes and to outline in their 29 30 31 32 33 34 35 12 See, for example, CEDAW/C/GRD/CO/1-5, para. 31; CEDAW/C/MUS/CO/6-7, para. 31; and CEDAW/C/BHS/CO/1-5, para. 34. See, for example, CEDAW/C/CZE/CO/5, para. 33. See, for example, CEDAW/C/SGP/CO/4/Rev.1, para. 29. See, for example, CEDAW/C/MDA/CO/4-5, para. 27. See Committee on Economic, Social and Cultural Rights general comment No. 23 (2016), para. 44. UN-Women, Transforming Economies, Realizing Rights, p. 10. See, for example, CEDAW/C/BEL/CO/7, para. 32; and CEDAW/C/MEX/CO/7-8, para. 28.