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
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