A/HRC/34/29
33.
Temporary special measures are the most effective means to address occupational
segregation, both horizontal and vertical, and to achieve substantive equality. They should
be codified in laws specifying the circumstances under which employers are required to
implement them. Special measures should be designed to support the principle of equality,
so as to comply with convention-based and constitutional stipulations thereon. 18 The
Committee on the Elimination of Discrimination against Women regularly highlights the
importance of defining numerical goals to be achieved within a certain period of time.
Special measures should be discontinued when the objectives of equality of opportunity and
treatment have been achieved.
34.
Temporary special measures can be implemented in recruitment, for example by
giving preference to a woman when candidates are equally qualified, or by providing
training to women candidates so that they can meet the qualifying criteria for the positions
that are subject to temporary special measures. Some countries have introduced mandatory
quotas for the representation of women on the boards of companies.
35.
Governments have a greater responsibility to eliminate occupational segregation in
public organizations, where they have more direct control of human resources policies.
Targets in the public sector could include appointments to decision-making positions or in
professional groups where women are traditionally underrepresented.
C.
Access to decent work
36.
When there are no legal restrictions on one’s choice of work, women are not always
fully free to engage in the work of their preference. Indeed, unpaid domestic and care
responsibilities often restrict their employment options. On the one hand, many countries
face a shortfall in affordable infrastructure and services and related social security schemes
that would free women from care responsibilities. On the other hand, inflexible hours in the
workplace are often incompatible with household and care roles that women continue to
carry out. As a result, women take on part-time or temporary employment involuntarily;
accordingly, in some regions, they face a 25 to 35 per cent higher risk of being in
precarious employment than men.19
37.
The discriminatory ramifications of women’s overrepresentation in non-standard
forms of employment are numerous. In addition to the repercussions on earnings, women’s
right to work is also at risk, as non-standard jobs generally lack security. Moreover, while
work should enable individuals’ personal fulfilment, women frequently experience
discrimination in part-time and temporary jobs that tend to be low-skilled, have few career
prospects and often do not correspond to their educational and professional qualifications or
aspirations.
38.
The lack of possibilities to work part-time or with other flexible working options is
equally discriminatory. When flexibility is not afforded, female workers with care
responsibilities may be forced to forego employment. This holds particularly true when
economic considerations favour withdrawal from work by women who earn less than male
household members.
39.
The ILO Workers with Family Responsibilities Recommendation, 1981 (No. 165)
provides detailed guidance on national policies to enable persons with family
responsibilities to exercise their right to work. In particular, States should develop systems
18
19
8
Committee on the Elimination of Discrimination against Women general recommendation No. 23
(1997) on political and public life, para. 15.
ILO, World Employment and Social Outlook: Trends 2016, summary.
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