A/HRC/34/29 gap in employment in the informal economy reaches a peak of 13 percentage points in subSaharan Africa.6 These statistical data signal de facto discrimination as regards access by women to decent work opportunities, which States have an immediate duty to eliminate. A. Freedom to choose a profession and an occupation 16. Women’s right to freedom to choose a profession is frequently compromised by discriminatory legal provisions. 17. Laws in some countries prohibit women from performing certain tasks, exercising certain professions or entering particular industries, on the basis of gendered perceptions of unsuitable work for women. Such prohibitions often concern night work, jobs in sectors such as mining, or participation in the armed forces. Treaty bodies have called upon States to remove these prohibitions.7 18. Subjecting women’s engagement in work to authorization from their spouse or a male guardian, as is found in some family laws, is another form of formal discrimination. 8 In some countries, where the laws do not provide for such prior authorization, it may nevertheless be practised. In other situations, women’s right to freely chosen work is impeded by restrictions on the exercise of other rights, such as their freedom of movement or their right to legal autonomy. The Committee on the Elimination of Discrimination against Women has on several occasions challenged States that have maintained such systems.9 19. Freedom to choose work also means freedom from forced labour. Many women are trapped in slavery-like situations or engaged in forced labour, including as a result of trafficking. As part of its duty to protect, States must take specific measures to prevent actions by third parties that would put women in situations of forced labour. States should also tackle the root causes of women’s vulnerability to forced labour and trafficking, such as poverty or a lack of employment in the home country, that compel women to seek migration opportunities. 20. Domestic work notably exposes girls and women, especially migrant domestic workers, to risks of forced labour. Combating this situation necessitates raising awareness around women’s dignity and equal rights, both in countries of origin and countries of destination. Awareness of legal protections for women’s rights in receiving countries, including with regard to the conditions of work, is also essential, in order to enable domestic workers to assert their rights. 21. Treaty bodies have recommended that States discontinue arrangements such as the sponsorship system and the live-in setting, which render domestic workers particularly vulnerable to severe labour exploitation. 10 States should also take measures to ensure the release of women in situations of forced labour. This involves setting up accessible systems that allow victims to seek effective assistance, and subjecting to labour inspection those sectors where women are likely to be held in forced labour, such as domestic work and agriculture. 6 7 8 9 10 Ibid. See, for example, CEDAW/C/KAZ/CO/3-4, para. 28; CEDAW/C/GIN/CO/7-8, para. 47; and CEDAW/C/TKM/CO/3-4, para. 32. See, for example, CEDAW/C/CMR/CO/4-5, para. 28; CEDAW/C/TCD/CO/1-4, para. 32; and CEDAW/C/QAT/CO/1, para. 35. See, for example, CEDAW/C/ARE/CO/1, para. 45; and CEDAW/C/IDN/CO/6-7, para. 17. See, for example, CEDAW/C/OMN/CO/1, para. 42; and CERD/C/LBN/CO/18-22, para. 42. 5

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents