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.
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