The International Regulation of Maternity: Still Waiting for the Reconciliation of Work and Family Life

Abstract

This article analyses the revised Maternity Protection Convention, adopted by the International Labour Organisation (ILO) in June this year. The new convention is placed in the context of two trends. The first is the historical development of the cognisance of care responsibilities at the international level, from the early 'maternity protection' approach to more recent calls for a radical shift in the integration of work and care. It is argued that the ILO's rule-making continues to reflect an ideology of the 'separate spheres' of work and family, to the detriment of the interests of working women and men who have/wish to care for others. The second trend is the gradual evolution of the ILO's standard-setting function towards a focus on a small number of core rights. The deep ideological divisions which shaped this trend are also evident in the debates over the new Maternity Convention. In particular, appeals to national sovereignty and economic arguments were crucial in limiting the ILO's approach to maternity and care responsibilities. It is argued that there remains a legitimate role for the ILO in establishing aspirational standards, particularly where unregulated economic forces have not proved successful in bringing about the changes needed for true equality of opportunity and outcomes for women and men.