A/HRC/37/32
in lower paying occupations and positions (such as domestic work), in non-standard
employment and in the informal sector, where social protection tends to be limited or nonexistent (see A/HRC/34/29).
20.
With regard to working conditions, the global gender pay gap is estimated to be
around 23 per cent, with women earning, on average, 77 per cent of men’s wages.14 ILO
notes in this regard that the lack of data disaggregated by sex inhibits an accurate
assessment of this disparity.15 Working mothers also experience a “wage penalty”, earning
less than women without dependent children, while working fathers tend to earn a
“fatherhood bonus”, becoming higher earners when they have children. This premium on
fatherhood may even be exceptionally high for men, depending on their education level,
ethnicity, heterosexual marital status and professional or managerial status.16 In a recent
report, the United Nations High Commissioner for Human Rights noted the vulnerability of
women working in manufacturing and other sectors in export-processing zones to violations
of their labour rights, observing that, often, in order to attract investors, States adopt
specific regimes for export-processing zones whereby labour law does not apply, either
partially or fully, and that reports of low wages, long working hours, unpaid overtime,
sexual harassment and other forms of violence in export-processing zones are rife
(A/HRC/34/29, para. 49).
21.
A human rights-based approach to addressing gaps in the realization of women’s
right to work entails, among other steps, the establishment of a comprehensive system of
protection to combat gender discrimination and to ensure equal opportunities and treatment
for women by ensuring equal pay for work of equal value.17 It also includes the review of
law and policy frameworks and labour practices to ensure the adoption of measures
necessary to align them with human rights norms and standards pertaining to the right to the
right to work in this area. Furthermore, as the Committee on Economic, Social and Cultural
Rights noted in its general comment No. 18 (2005), States should take the requisite
measures, legislative or otherwise, to reduce to the fullest extent possible the number of
workers outside the formal economy, workers who as a result of that situation have no
protection. The key objectives of these measures should be the elimination of structural,
social and other barriers to women’s access to decent work and retention of employment,
and just and favourable working conditions.
B.
Persons with disabilities
22.
There are approximately 470 million persons with disabilities of working age around
the world. Many find it hard to gain access to decent work, and are often forced to seek
employment in the informal sector. As well as experiencing discrimination and
marginalization in employment, they also have limited enjoyment of other rights essential
for the realization of the right to work, such as the rights to education, legal capacity and
access to information. An estimated 82 per cent of persons with disabilities in developing
countries live below the poverty line, and are among the most vulnerable and
marginalized.18 There is, therefore, a strong link between disability and poverty.
23.
Persons with disabilities face barriers of access that include the denial of reasonable
accommodation, meaning an adjustment or modification required in the work environment
or application process to enable a person with a disability to enjoy equal employment
opportunities. This is a key part of States’ obligations to ensure non-discrimination and
equality, and that no one is left behind. Access to decent work is also impeded by
14
15
16
17
18
6
Ibid., p. xvi.
ILO, Fundamental principles and rights at work: From challenges to opportunities, Geneva, 2017,
para. 65.
ILO, Women at Work (see footnote 12), p. 58.
Committee on Economic, Social and Cultural Rights general comment No. 18 (2005) on the right to
work, para. 13. See also CEDAW/C/THA/CO/6-7, para. 37 (c).
ILO, The right to decent work of persons with disabilities, Geneva, 2007.
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