A/HRC/34/29
childbirth or marriage14 should also be amended, so that women enjoy the right to work on
an equal basis with men.
2.
Discrimination in recruitment
28.
Women are often refused job offers on account of their sex, in spite of labour laws
against discrimination. Structural biases have led to practices of appointing men to perform
certain jobs and not hiring women, including due to social assumptions that motherhood is
irreconcilable with the demands of employment. In some cases, the prospect of pregnancy
and motherhood discourages employers from recruiting women at all. In this regard, some
employers have imposed pregnancy tests as a condition of recruitment or for maintaining
employment, which is discriminatory and should be prohibited. 15 In fact, women’s
situations in the labour market often belie their educational attainment, due to
discrimination in recruitment.
29.
States have an obligation to remove conditions that are likely to lead to women’s
disadvantage in recruitment, through sound labour laws and monitoring institutions,
especially as women rarely have the opportunity to challenge hiring decisions. For
example, it is important to transfer the coverage of paid maternity leave to the social
security system or public funds, in order to combat the preferential recruitment of men on
the basis of the perceived cost of recruiting women of childbearing age.
3.
Occupational segregation
30.
Stereotypes about women’s roles in the family and society have resulted in
horizontal segregation, whereby women are overrepresented in sectors such as
manufacturing and in professions related to familial and service functions in the public and
private sectors. Moreover, women occupy primarily clerical and support positions, which
creates a horizontal segregation in the labour market. 16 More concerning is the practice of
employing women with disabilities in sheltered workshops, without adequate support for
their transitioning to the open labour market. 17 States have an obligation to take effective
measures to remove these discriminatory situations, with a view to fulfilling women’s equal
right to work opportunities.
31.
While girls’ and women’s right to education is beyond the scope of the present
report, it is important to stress that it is a critical determinant of equality in employment.
Therefore, States should take measures to diversify girls’ and women’s educational choices.
States should also introduce quotas, where necessary, in areas of study in technical,
vocational and tertiary education in which women are underrepresented. Some countries
have implemented specific projects to encourage girls to pursue education in fields
traditionally associated with the other sex. Sexual harassment and bullying that are
obstacles to girls’ and women’s educational achievement, especially when they are in the
minority, should also be addressed.
32.
As stereotypes are often reproduced in school textbooks and conveyed by the media,
sustained communication campaigns about equality of opportunities and outcomes are
necessary. In particular, article 8 of the Convention on the Rights of Persons with
Disabilities calls on States to combat stereotypes and prejudices relating to persons with
disabilities.
14
15
16
17
See, for example, CEDAW/C/ISR/CO/5, para. 42.
See, for example, CEDAW/C/MEX/CO/7-8, para. 28.
UN-Women, Transforming Economies, Realizing Rights, p. 10.
See, for example, CRPD/C/AUT/CO/1, para. 44; E/C.12/JPN/CO/3, para. 12; and
CRPD/C/KOR/CO/1, para. 49.
7
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