A/HRC/22/72
protections, there is a marked absence of freedom of association and collective bargaining,
which are often associated with forced labour, discrimination and harassment. 109
69.
Temporary and seasonal workers are in many countries ineligible for paid parental
leave.110 In New Zealand, rural women together with Maori, Pacific, and other minority
women face difficulties in accessing child care and parental leave.
70.
Social security systems based on individual contributions do not provide adequate
social security for women involved in informal employment, or who are unable to
contribute sufficiently to the system, such as seasonal or temporary workers. 111 Rural
women employed in the garment sector in the Lao People’s Democratic Republic represent
80 per cent of the workers and they face poor working conditions and discrimination.
Women in Laos are more likely to be involved in temporary and seasonal employment,
which provides little job security. 112
71.
In Spain, the intensive farming of strawberries relies almost entirely on a seasonal
workforce. The recruitment of workers takes place in the country of origin and it is based
on criteria such as marital status, motherhood and commitment to return at the end of the
contract. The Spanish legal framework offers very little protection to seasonal workers.
Days not worked are not paid and union representation of these workers is almost
impossible. This situation exposes women to discriminatory recruitment practices and
disrespect for labour rights while maintaining them in the host country in a condition of
dependency on their employers, which increases the risks of abuse.113
72.
Climate change and disasters may also constitute factors inducing migration. These
factors may aggravate social problems and augment the pressure on gender roles and status
of women.114
IV. Strategies and policies for the legal protection of rural
women
73.
All strategies and policies need to recognize at the outset that:
(a)
Rural women and men have specific requirements in carrying out their
livelihoods, roles and responsibilities;
(b)
Participatory processes involving equally rural women and men are required
in the design of all projects;
(c)
Rural women are productive agents and active actors in rural development,
agriculture, local and national economies, and contributors to food security and social
wellbeing; and
(d)
Rural women are a diverse group by age, religion, ethnicity, socio-economic
status, marital status, or geographic residence.
74.
The primary consideration for increasing the protection of women through strategies
and policies which promote de jure and de facto equality is of a legal nature, flowing from
states’ human rights obligations under international law. There is a legal imperative to treat
109
110
111
112
113
114
18
UN-Women, Enabling rural women’s economic empowerment, note 25 above, p. 15.
CEDAW, Concluding Observations, New Zealand (CEDAW/C/NZL/CO/6), 2007, para. 36.
CESCR, Concluding Observations, Chile (E/C.12/1/Add.105), 2004, para. 20.
CEDAW, concluding observations, Lao People’s Democratic Republic (CEDAW/C/LAO/CO/7), 2009, para 35.
Submission by the International Federation for Human Rights.
Submission by IOM.
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