Women, Law and Employment in Pakistan: from ‘Protection’ to ‘Equal Treatment’?

Abstract

This paper examines the legal regulation of women's employment in the public sphere in Pakistan. A large part of the legislation relating specifically to the employment of women is highly protective in nature. The 1973 Constitution of Pakistan assumes that women are in need of protection. This assumption is reflected in the labour legislation and in the international labour standards that have been adopted by Pakistan. Much of the existing Labour Code is a legacy of the colonial period and reflects the concerns of the early British factory movement to preserve female modesty and ‘protect’ women's roles within the domestic sphere. This paper attempts to identify those areas of the law most in need of reform if the protective approach to women's participation in the public sphere is to be transcended. Although legislative reform does not necessarily lead to a change in workplace practices, the existence of discriminatory legislation, gaps in existing legislation and a lack of adequate enforcement machinery constitute significant institutional barriers to women's participation in the public sphere. For these reasons, it is argued, calls for law reform and a focus on legislative reform as a strategy for change may be justified.